WQ0014306_NOV and Intent to Assess_20230307

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail 7021 0950 00018685 4136
Return Receipt Reauested
Raymond Gottlieb
Sandler Utilities at Mill Run L L C
448 Viking Dr Ste 200
Virginia Beach, VA 23452-7331
NORTH CAROLINA
Environmental Quality
March 07, 2023
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2023-PC-0104
Permit No. WQ0014306
Eagle Creek WWTP
Currituck County
Dear Mr. Gottlieb:
On February 20, 2023, Tracy Miller with Envirolink, Inc. notified the Washington Regional Office of the Division of
Water Resources that, on February 19, 2023, Envirolink personnel had discharged approximately 750 gallons of
untreated wastewater to the high -rate infiltration basin at the Eagle Creek WWTP. This is a violation of Condition
III.14 of Permit No. WQ0014306, which prohibits the diversion or bypass of untreated wastewater at the subject
facility.
Violation(s):
Discharged to Incident
Location Estimated Quantity Surface Water? Date Number Type of Violation
High -Rate Infiltration 750 gallons No 2/19/2023 202300329 Unauthorized Bypass
Basin
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-0009, 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.

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) days after receipt of this Notice. A
review of your response will be considered along with any information provided. 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.
If you have any questions concerning this matter, please contact Robert Tankard at [phone] or Randy Sipe
at [phone].
Sincerely,
ROW T""
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ
Cc: Tracy Miller — Envirolink (electronic copy)
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