WQ0014306_NOV-2022-PC-0296 NOI_20220603

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Certified Mail # 7021 0950 0001 8685 0329
Return Receipt Requested
Raymond Gottlieb
Sandler Utilities at Mill Run L L C
448 Viking Dr Ste 200
Virginia Beach, VA 23452-7331
NORTH CAROLINA
Environmental Quality
June 03, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2022-PC-0296
Permit No. WQ0014306
Eagle Creek WWTP
Currituck County
Dear Mr. Gottlieb:
On 12/10/2021 Paul Mays and Randy Sipe from the Division of Water Resources visited Eagle Creek WWTP and the
surrounding area of the plant due to complaints of the systems collection system. After responding to the
complaint Paul Mays and Randy Sipe visited the wastewater facility itself. The area around the facility still appeared
to be heavily saturated with water and after investigating the area it was found that there was an overflow at the
exact same location (mud well next to the tertiary filter) as the last visit on 11/29/21. The area behind the plant
was still so saturated with water that quicksand like condition prevented anyone from walking behind the plant to
the area of the overflow itself. The pond -like body of water was still observed in the same area as last visit. Later
at 3:40pm on 12/10/2021 Noah Deckard informed the Washington Regional Office that he estimated the overflow
volume was 500 gallons, the incident had lasted roughly 3 hours and the overflow had been fixed.
Violation(s):
Discharged to Incident
Location Estimated Quantity Surface Water? Date Number Type of Violation
Tertiary Filter 500 gallons No 12/10/2021 202102276 Improper Operation and
Maintenance
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's Non -discharge Permit. This Notice of Violation/Intent supersedes and
replaces NOV-2022-PC-0010, issued 1/10/22. Pursuant to G.S. 143-215.6A, a civil penalty of not more than
twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in
accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1.
D_E
North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889
252.946,6481

If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) calendar days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Monitoring
Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no
response is received in this Office within the 10-day period, a civil penalty assessment may be
prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
Reminder: Pursuant to Permit Condition 15 in Section IV, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility
including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days
if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned
maintenance activities, taking units off-line, etc.
Pursuant to Permit Condition 1 in Section II, the Permittee shall maintain and operate the subject non -discharge
facilities so there is no discharge to surface waters, nor any contravention of groundwater or surface water
standards. In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions due
to improper operation and maintenance, the Permittee shall take immediate corrective actions, including Division
required actions, such as the construction of additional or replacement reclaimed water generation,
reclaimed water utilization, and high -rate infiltration facilities. [15A NCAC 02T .0108(b)(1)(A)]
Pursuant to Permit Condition 14 in Section III, The Permittee shall prohibit public access to the wastewater
treatment and storage facilities, and infiltration facilities. [15A NCAC 02T .0705(p), 02U .0402(e)]
If you have any questions concerning this matter, please contact Robert Tankard at [phone] or Randy Sipe
at [phone].
Cc: Laserfiche
Sincerely,
Rottil Te.44444,1
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ
North Carolina Department of Environmental Quality I Dlvlsion of Water Resources
Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 77.5139
252.946.648i