HomeMy WebLinkAboutWQ0014306_Notification of Sewer Moratorium_20240222ROY-COOPER
Governor
ELIZABETH S. BISER
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RICHARD E ROGERS, JR.
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NORTH CAROUNA
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February 22, 2024
CERTIFIED MAIL 7022 1670 0000 9974 4923
RETURN RECEIPT REQUESTED
Raymond Gottlieb
Sandler Utilities at Mill Run LLC
448 Viking Dr Ste 200
Virginia Beach, VA 23452-7331
Subject: Notification of Sewer Moratorium
Permit No. WQ0014306
Eagle Creek WWTP
Dare County
Dear Mr. Gottlieb:
The Division of Water Resources has determined that the Eagle Creek Wastewater Treatment
Plant (WWTP) is unable to adequately collect and treat waste tributary to its wastewater
treatment facility. The determination is based on the inspection conducted on October 30, 2023
and that the WWTP is unable to comply with the current permit conditions as set forth in Permit
Number WQ0023934. The treatment system can no longer treat and assimilate the wastewater
that is received from the system as designed, which contributes to the noncompliance of the Non -
Discharge permit. The travelling bridge filter and reclaimed irrigation system are not operable at
times or not operational.
North Carolina General Statute (NCGS) 143-215.67(a) states in part, that no person
subject to the provision of NCGS 143-215.1, 143-215.108 or 143-215.109 shall cause or allow
the discharge of any wastes to a waste -disposal system in excess of the capacity of the disposal
system or of any wastes which the disposal system cannot adequately treat. Should these terms
be violated, NCGS 143-215.67 (c) states a moratorium may be imposed "on the addition of
waste to a treatment works" if the treatment works is not capable of adequately treating,
additional waste.
The WWTP major treatment units are no longer functional. The travelling bridge filter and
reclaimed irrigation system are not operable at times or not operational. Biosolids have not been
disposed of per the requirements of the permit. The facility's high -rate disposal system, which
currently serves as the sole means of disposal, is operating at 84 percent of permitted capacity.
Also, the groundwater in the monitoring wells around the high -rate infiltration system exceed
North Corot Department of Fnvironmwctal Quality I Division of Water Resomm
512 North salW ry Street 1 1617 Mad service Center I Rdmgh, North Carolina 27699-1617
o.+► 919.707.9000
Page Two
Eagle Creek WWTP Moratorium
February 22, 2024
groundwater standards for ammonia nitrogen. Therefore, the Eagle Creek WWTP is hereby
placed on a sewer moratorium (with no new sewer taps, sewer extensions or additional flow)
at its wastewater treatment plant effective April 15, 2024.
This moratorium will remain in effect until Sandler Utilities at Mill Run LLC
has repaired the WWTP and meets all conditions of Permit No. WQ0014306. The moratorium
will be rescinded when Sandler Utilities at Mill Run LLC can demonstrate that it can adequately
treat and dispose of its waste and has obtained written permission from the Division of Water
Resources suspending the moratorium.
As required by NCGS 143-215.67(d), Sandler Utilities at Mill Run LLC shall give public notice
within 15 days of receipt of this letter that a moratorium will be placed so that no additional flow
can be added to the Eagle Creek WWTP. Sandler Utilities at Mill Run LLC shall give public
notice of the moratorium by publication of the notice one time in a newspaper having general
circulation in the county in which the treatment works is located. The notice shall be as provided
in the attached public notice.
Sandler Utilities at Mill Run LLC shall provide an affidavit of publication and a copy of the
public notice to this office fifteen (15) days from receipt of this letter.
Failure to place the public notice as directed may subject Sandler Utilities at Mill Run LLC
to enforcement as required by NCGS 143-215.67(d). Sandler Utilities at Mill Run LLC
shall give actions and in no way, absolves the Sandler Utilities at Mill Run LLC from past or
future violation of North Carolina General Statutes.
Correspondence pertaining to this moratorium should be sent to the letterhead address. If you
have any questions about this letter, please contact Robert Tankard at 252-948-3921.
Sincerely,
ROW TM464d
Robert Tankard
Assistant Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section
Attachment
cc: Laserfiche
Currituck County Inspections
Albemarle Regional Health Services
North Cudma Department of Fnvuonmettal Quality I Dtvmm of water Rawarces
S 12 North Salisbury Street 1 1617 Mal Servico CW= 1 Raleigh, North Carolina 27699.1617
919.707.9000
PUBLIC NOTICE
SEWER MORATORIUM
Eagle Creek Wastewater System
The Eagle Creek Wastewater Treatment Plant (WWTP) in Currituck County -cannot accept the
discharge of additional waste to the Wastewater System effective April 15, 2024 due to problems
associated with its wastewater plant and collections system. Therefore, the Eagle Creek WWTP
is hereby placed on a sewer moratorium at its wastewater treatment plant effective April 15,
2024.
On the basis of thorough file review and application of Article 21 of Chapter 143, General
Statutes of North Carolina, Public Law 92-500 and other lawful standards and regulations, the
North Carolina Environmental Management Commission has determined that the Eagle Creek
WWTP is unable to adequately collect and treat waste tributary to its wastewater treatment
facility.
North Carolina General Statute 143-215.67(a) directs that no person subject to the provision of
NCGS 143-215.1, 143-215.108 or 143-215.109 shall cause or allow the discharge of any wastes
to a disposal system in excess of the capacity, which the disposal system cannot adequately treat.
The moratorium on additional sewer connections or additional flow will remain in effect until
Sandler Utilities at Mill Run LLC has rectified the current noncompliant conditions of the
facility and has obtained written permission from the North Carolina Environmental
Management Commission suspending the moratorium.
The permit and other information may be inspected during normal office hours at the Division of
Water Resources, 943 Washington Square Mall, Washington, North Carolina 27889, telephone:
(252) 946-6481. Copies of the information on file are available upon request and payment of the
costs of reproduction.
Questions regarding the status of the sewer moratorium should be directed to Brittney Willis, at
(757) 510-4234.
North Carolina Deportment of FmvommorrW Quality I Divinon of wooer Resources
512 North Sudidxny Street 1 1617 Mad Service Canter I Raleigh, North Carolina 27699-1617
919.707.90010