WQ0014306_Remission Decision (LV-2022-0073)_20220610

DocuSign Envelope ID.97B7559D-7DA7-4D11-AE3F-9A2575C8FAF4
%WI:.
ROY COOPER
. .
Governor
ELIZABETH S. BISER '
Secretary
RICHARD E.ROGERS,JR.
Director •' • •
NORTH CAROLINA
Environmental Quality
June 10,2022
CERTIFIED MAIL 7018 1830 0001 8037 0229
RETURN RECEIPT REOUESTED
Ms.Brittney M.Willis,P.E.—Project Manager
Sandler Utilities at Mill Run LLC
448 Viking Drive, Suite 200
Virginia Beach,VA 23452
Subject: REMISSION REQUEST
CIVIL PENALTY ASSESSMENT
Eagle Creek WWTP
Currituck County
PERMIT NO: WQ0014306
CASE NO: LV-2022-0073
Dear Permittee:
I have considered the information submitted in support of your request for remission in the subject cases. In
accordance with NCGS 143-215.6A(f),I have found no cause to remit the original civil penalty assessment of
$5.703.06.
If you choose to pay the penalty,send payment to the letterhead address within thirty(30)days of receipt of this
letter. Please make the check payable to NC DEQ.
If payment is not received within thirty(30)days of receipt of this letter,in accordance with NCGS § 143-215.6A
(f),your request for remission of the civil penalty(with supporting documents)and my recommendation to deny
the request will be delivered to the North Carolina Environmental Management Commission's(EMC)Committee
on Civil Penalty Remissions(Committee)for fmal agency decision.
If you desire to make an oral presentation to the Committee on why your request for remission meets one or more
of the five statutory factors you were asked to address,you must complete and return the attached form within
thirty(30)days of receipt of this letter. Please mail the completed form to:
Emily Phillips
NC DEQ/DWR/NPDES
1617 Mail Service Center
Raleigh,NC 27699-1617
Your request for an oral presentation and the documents in this matter will be reviewed by the EMC Chairman
and,if it is determined that there is a compelling reason to require an oral presentation from you,you will be
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh,NC 27699-1617
919-807-6300 919-807-6389 FAX
https://deq.nc.gov/about/divisions/water-resources/water-resources-pennits/wastewater-branch/npdes-wastewater-permits

DocuSign Envelope ID 97B7559D-7DA7-4D11-AE3F-9A2575C8FAF4
notified by certified mail of the date,time,and place that your oral presentation can be made. Otherwise,the final
decision on your request for remission will be made by the Committee based on the written record.
If you have any questions,please contact Emily Phillips at 919.707.3621 or via e-mail at
emily.phillips@,ncdenr.gov.Thank you for your cooperation in this matter.
Sincerely,
r—Doo'ccluSlgned by:
Nato a tit,L 1 t.ovl&lo'ur'�
�—01043082680C483..
for Richard E.Rogers,Jr.
Director,Division of Water Resources
Attachment:DWR Civil Assessment Remission Factor Sheet(copy)&
Request for Oral Presentation Sheet
cc: Enforcement File#:LV-2022-0073
ec: WaRO—DWR WQ Regional Operations
2

DocuSign Envelope ID:97B7559D-7DA7-4D11-AE3F-9A2575C8FAF4
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF CURRITUCK DWR Case Number: LV-2022-0073
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST: REQUEST FOR ORAL PRESENTATION
SANDLER UTILITIES AT MILL RUN LLC
I hereby request to make an oral presentation before the Environmental Management Commission's Committee on Civil
Penalty Remissions in the matter of the case noted above. In making this request,I assert that I understand all of the
following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission and may be either
granted or denied.
• Making a presentation will require the presence of myself and/or my representative during a Committee meeting
held in Raleigh,North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my original remission
request,and because no factual issues are in dispute,my presentation will be limited to five(5)minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative
capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings
before the Committee on Remissions are quasi-judicial.You should consider how you intend to present your case to the
Committee in light of the State Bar's opinion and whether anyone will be speaking in a representative capacity for you or
a business or governmental entity. If you or your representative would like to speak before the Committee,you must
complete and return this form within thirty(30)days of receipt of this letter.
Depending on your status as an individual,corporation,partnership or municipality,the State Bar's Opinion affects how
you may proceed with your oral presentation. See www.ncbar.com/ethics,Authorized Practice Advisory Opinion 2006-1
and 2007 Formal Ethics Opinion 3.
• If you are an individual or business owner and are granted an opportunity to make an oral presentation
before the Committee,then you do not need legal representation before the Committee;however,if you
intend on having another individual speak on your behalf regarding the factual situations,such as an expert,
engineer or consultant,then you must also be present at the meeting in order to avoid violating the State Bar's
Opinion on the unauthorized practice of law.
• If you are a corporation,partnership or municipality and are granted an opportunity to make an oral
presentation before the Committee,then your representative must consider the recent State Bar's Opinion and
could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of
facts by non-lawyers is permissible.
If you choose to request an oral presentation,please make sure that signatures on the previously submitted Remission
Request form and this Oral Presentation Request form are: 1)for individuals and business owners,your own signature
and 2)for corporations,partnerships and municipalities,signed by individuals who would not violate the State Bar's
Opinion on the unauthorized practice of law.
Also,be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the
Committee is informed that a violation of the State Bar occurs.
This the day of ,20
SIGNATURE: TITLE(President,Owner, etc.):
ADDRESS:
TELEPHONE:

DocuSign Envelope ID:97B7559D-7DA7-4D11-AE3F-9A2575C8FAF4
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2022-0073 Region: WaRO County: Currituck
Assessed Entity: Eagle Creek WWTP Permit: WQ0014306
(b) Whether the violator promptly abated continuing environmental damage resulting
g
from the violation:
Permittee States:The operator on staff for the month of September was pulli
ng p p ng samples at an
unacceptable location(he was trained to pull from the effluent after UV disinfection,but he pulled
them before). The operator was properly trained in legitimacy sample pulling procedures but did not
adhere to proper protocols on numerous occasions. In addition,the operator transferred the effluent
to the high-rate pond,but failed to inform DEQ. Envirolink has since terminated the operator's
employment,as Sandler Utilities strives to improve staffing and operations to comply with
environmental mandates.
DWR Response:Violations have continually been assessed for similar violations since August 2021
for violations that occurred in October 2020. The pennittee did not promptly abate the environmental
damage from the violations. (b)not considered applicable.
DECISION(Check One)
Request Denied 111
Full Remission ❑ Retain Enforcement Costs? Yes• No❑
Original Penalty(without Enforcement Costs) $ 5,650.00 (enter amount)
Partial Remission 0 % or$ 0.00 (amount remitted)
Subtotal $ 5650.00
Retaining Enforcement Costs $ 53.06
Total Revised Assessment $ 5650.00
DoeuSlgned by:
NIAt6lAitt ttalkintrO 6/14/2022
ll D40"7^62c8^C"p,
Richard E. Rogers,Jr. Date

SANDLER UTILITIES AT MILL RUN, LLC
April 12, 2022
Robert Tankard,Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ ( C
— 1
Subject: Sa ill Run,LLC
Eagle Creek WWTPJ
Permit No.WQ0014306
CASE#LV-2022-0073
Mr.Tankard,
Sandler Utilities at Mill Run, LLC("Sandler Utilities")appreciates the opportunity to respond to the
Penalty Assessment dated March 9,2022. This letter shall serve as Sandler Utilities' response,and it is
our hope that the information provided will result in a remission of the assessed penalties by the
Division.
LIMIT VIOLATIONS:
Coliform, Fecal 9/16/2021 25 240 Daily Maximum Exceeded
Nitrogen,Ammonia Total 9/16/2021 6 10.7 Daily Maximum Exceeded
Coliform,Fecal Broth, 9/29/2021 25 75 Daily Maximum Exceeded
Solids,Total Suspended 9/29/2021 10 20.2 Daily Maximum Exceeded
BOD, 5-Day 9/30/2021 10 11 Monthly Average Exceeded
Coliform,Fecal Broth, 9/30/2021 14 134.16 Monthly Geo Mean Exceeded
Nitrogen,Ammonia Total 9/30/2021 4 5.85 Monthly Average Exceeded
Solids,Total Suspended 9/30/2021 5 12.75 Monthly Average Exceeded
Total Penalty Assessed: $2400.00
The operator on staff in the month of September was pulling samples at an unacceptable location. He
was trained to pull samples from the effluent after UV disinfection;however, decided to pull the samples
before UV. The operator was trained on the legitimacy sample pulling procedures once again before
Envirolink decided to terminate the operator's employment all together.
Termination was the last resort as his failure to adhere to proper procedures had happened on more
than one occasion.
448 Viking Drive, Suite 220, Virginia Beach, Virginia 23452
Mailing Address: Post Office Box 8790, Virginia Beach, Virginia 23450
Telephone [phone]/Telefax 757-463-3358

April 12, 2022
Page 2
Other Violation(s):
Permit conditions violation:9/17/2021—9/30/2021
Facility did not meet fecal limits and did not transfer effluent to high-rate pond as required in
condition Ill.21 of the permit.
Total Penalty Assessed: $3250.00
Effluent was transferred to the high-rate pond;however, the operator failed to convey such to DEQ as
required.
As previously stated, this operator was therefore terminated due to not following proper procedures.
As DEQ is well aware staffing shortages are company wide in all industries. However, in this case
Envirolink had not choice but to terminate the operator therefore taking remedial actions.
As DWR is no doubt aware,Sandler Utilities has expended substantial resources in improving the
wastewater collection and treatment systems at Eagle Creek.The extent of the work performed(and to
be performed)and progress in staffing and operations are hopefully well understood to DWR.
Sandler Utilities continues to invest at Eagle Creek to improve the operations for the customers and to
comply with environmental mandates.Sandler Utilities will continue to invest as it continues to update
and improve the existing system,even though transfer to another owner is in process.We believe it is in
both the State's and the customers' interest to allow for Sandler Utilities'resources to continue to be
invested in the Eagle Creek system rather than payment of civil penalties.Accordingly, Sandler Utilities
respectfully requests that the civil penalties are entirely waived.
Sincerely,
'4 .
Brittney M. Willis, P.E.—Project Manager
Sandler Utilities at Mill Run, LLC
Cc:
Envirolink
•
448 Viking Drive, Suite 220,Virginia Beach, Virginia 23452
Mailing Address: Post Office Box 8790, Virginia Beach, Virginia 23450
Telephone [phone]/Telefax 757-463-3358

•
JUSTIFICATION FOR REMISSION REOUEST
Case Number: CLV-2022-0073'' County: Currituck
Assessed Party: Sandler Utilities at Mill Run L L C
Permit No.: ('WQ0014306 Amount Assessed: $5.703.06
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation,including copies of supporting documents,as to why the
factor applies(attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the
detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document);
X (b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e.,explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions(i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CURRITUCK
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS Sandler Utilities at Mill Run L L C )
Eagle Creek WWTP )
PERMIT NO. WQ0014306 ) CASE NO. LV-2022-0073
Having been assessed civil penalties totaling$5,703.06 for violation(s)as set forth in the assessment document of the
Division of Water Resources dated March 9,2022,the undersigned,desiring to seek remission of the civil penalty,does hereby
waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the
notice of assessment.
This the 12th day of day 2022
SIGNATURE
ADDRESS
448 Viking Dr., Suite 200
Virginia Beach, Va. 23452
TELEPHONE
[phone]