HomeMy WebLinkAboutWQ0015052_Civil Penalty Assessment_PC-2023-0026_20240223ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7022 1670 0000 9974 6118
Return Receipt Requested
William Galen Freed
Enviro-Tech of North Carolina Inc
113 Duck Woods Dr
Southern Shores, NC 27949
NORTH CAROLINA
Environmental Quality
February 23, 2024
SUBJECT: Assessment of Civil Penalty
for Violations of NC General Statute (G.S.) 143-215.1(a)(6)
and Non -discharge Permit No. WQ0015052
Enviro-Tech of North Carolina Inc
Village at Ocean Hill WWTP
Case No. PC-2023-0026
Currituck County
Dear Mr. Freed:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $9,478.06
($9,000.00 civil penalty + $478.06 enforcement costs) against Enviro-Tech of North Carolina Inc.
This assessment is based upon the following facts: an inspection of the Village at Ocean Hill WWTP was
conducted on January 20, 2023. This inspection was conducted to verify that the facility is operating in
compliance with the conditions and limitations specified in Non -discharge Permit No. W00015052. This
inspection has shown the subject facility to be in violation of the conditions and limitations found in
Non -discharge Permit No. WQ0015052. The violations found during the inspection are summarized in
Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Enviro-Tech of North Carolina Inc violated the
terms, conditions or requirements of Non -discharge Permit No. WQ0015052 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A and the provided Findings and Decision and Assessments of Civil
Penalties document. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may
be assessed against any person who violates the terms, conditions or
requirements of a permit required by G.S. 143-215.1(a).
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Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I,
David May, Regional Supervisor, Washington Regional Office hereby make the following civil penalty
assessment against Enviro-Tech of North Carolina Inc:
9 000.00 For 5 of the 8 violations of the conditions and limitations specified in Permit No.
WQ0015052 .
9$ ,000.00 TOTAL CIVIL PENALTY
4$ 78.06 Enforcement Costs
9 478.06 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include
waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or
new violation(s). Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
option 2: Submit a written request for remission or mitigation including a detailed
justification for such request:
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. Because a remission request
forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of
your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in
dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Resources at the address listed below. In determining
whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of Water Resources will review your evidence and inform you of his
decision in the matter of your remission request. The response will provide details regarding the case
status, directions for payment, and provision for further appeal of the penalty to the Environmental
Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that
the Committee cannot consider information that was not part of the original remission request considered
by the Director. Therefore, it is very important that you prepare a complete and thorough statement in
support of your request for remission.
In order to request remission you must complete and submit the enclosed "Request for Remission of Civil
Penalties Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty (30)
days of receipt of this notice The Division of Water Resources also requests that you complete and
submit the enclosed "Justification for Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 3• File a petition for an administrative hearing with the Office of Administrative
Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You
must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this
notice. A petition is considered filed when it is received in the Office of Administrative Hearings during
normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between
the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by
facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1]
copy and a filing fee (if a filing fee is required by NCGS §15013-23.2) is received in the Office of
Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the
details of the filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as
follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: (919) 431-3000
Fax: (919) 431-3100
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an
internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney
General's Office for collection of the penalty through a civil action. Please be advised that additional penalties
may be assessed for violations that occur after the review period of this assessment.
If you have any questions, please contact Robert Tankard with the Division of Water Resources staff of the
Washington Regional Office at (252) 948-3921 or via email at robert.tankard@deq.nc.gov.
Sincerely,
David May, Regional Su isor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: laserfiche
JUSTIFICATION FOR REMISSION REQUEST
Case Number: PC-2023-0026 County: Currituck
Assessed Party: Enviro-Tech of North Carolina Inc
Permit No.: WQ0015052 Amount Assessed: $9,478.06
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);
(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 OFCURRITUCK
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Enviro-Tech of North Carolina Inc )
Village at Ocean Hill WWTP )
PERMIT NO. WQ0015052 ) CASE NO. PC-2023-0026
Having been assessed civil penalties totaling $9,478.06 for violation(s) as set forth in the assessment
document of the Division of Water Resources dated February 23, 2024, 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
day of
ADDRESS
TELEPHONE
20
SIGNATURE
STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF
ENVIRONMENTAL QUALITY
COUNTY OF Cuff ituck
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 143-215.1
IN THE MATTER OF
Village at Ocean Hill Wastewater
) File No. PC-2023-0026
Treatment and Reclaimed Water
)
Utilization System
)
FINDINGS AND DECISION
FOR VIOLATIONS OF
) AND ASSESSMENTS OF
VILLAGE AT OCEAN HILL
) CIVIL PENALTIES
PERMIT No. W00015052
)
Acting pursuant to delegation provided by the Secretary of the Department of Environmental
Quality, I, David May, Water Quality Regional Operations Section Chief of the Division of Water
Resources, Washington Regional Office make the following:
I. FINDINGS OF FACT:
A. Enviro-Tech of North Carolina, Inc. owns and operates the Village of Ocean Hill Conjunctive
Wastewater Treatment and Reclaimed Water Utilization system, a wastewater treatment and
disposal system in Currituck County.
B. The Village at Ocean Hill wastewater treatment and disposal system was permitted under
Conjunctive Wastewater Treatment and Reclaimed Water Utilization System Permit No.
W00015052 on March 20, 2009, effective upon issuance, with an expiration date of February
28, 2018.
C. Condition No. 1. Schedules, 1. of Permit No. W00015052 states that "No later than six
months prior to the expiration of this permit, the Permittee shall request renewal of this
permit on official Division forms. Upon receipt of the request, the Division will review the
adequacy of the facilities described therein, and if warranted, will renew the permit for such
period of time and under such conditions and limitations as it may deem appropriate. Please
note that Rule 15A NCAC 02T .0105( d) requires an updated site map to be submitted with
the permit renewal application."
D. Condition No. II. Performance Standards, 1. of Permit No. W00015052 states that "The
reclaimed water utilization facilities shall be effectively maintained and operated at all times
so that there is no discharge to the surface waters, nor any contamination of ground waters,
which will render them unsatisfactory for normal use. In the event that the facilities fail to
perform satisfactorily, including the creation of nuisance conditions due to improper
operation and maintenance, or failure of the utilization area to adequately assimilate the
wastewater, the Permittee shall take immediate corrective actions including those actions that
may be required by the Division of Water Quality Division), such as the construction of
additional or replacement wastewater treatment and disposal facilities."
E. Condition No. IL Performance Standards, 4. of Permit No. W00015052 states that
"Application rates, whether hydraulic, nutrient, or other pollutant shall not exceed those
specified in Attachment B."
Condition No. III. Operation and Maintenance Requirements, 1. of Permit No. W00015052
states that "The facilities shall be properly maintained and operated at all times. The facilities
shall be effectively maintained and operated as a non -discharge system to prevent the
discharge of any wastewater resulting from the operation of this facility. The Permittee shall
maintain an Operation and Maintenance Plan pursuant to 15A NCAC 02T .0913 including
operational functions, maintenance schedules, safety measures, and a spill response plan."
G. Condition No. III. Operation and Maintenance Requirements, 4. Of Permit No. W00015052
states that "Adequate measures shall be taken to prevent pending or runoff from the
reclaimed water utilization areas.
H. Condition No. III. Operation and Maintenance Requirements, 8. of Permit No. W00015052
states that "An automatically activated standby power source shall be on site and
operational at all times capable of powering all essential treatment units. If a
generator is employed as an alternate power supply, it shall be tested weekly by
interrupting the primary power source."
I. Condition No. III. Operation and Maintenance Requirements, 10. of Permit No.
WQ0015052 states that "The residuals generated from these treatment facilities must
be disposed / utilized in accordance with 15A NCAC 02T. 1100. The Permittee shall
maintain a residual management plan pursuant to 15A NCAC 02T .0914."
Condition VI. General Conditions 7. States that "The Permittee shall maintain this permit
until all permitted facilities herein are properly closed or permitted under another permit
issued by the appropriate permitting authority."
K. North Carolina General Statute 143-215.1(a)(1), (2), and (9) states that "Activities for
Which Permits Required. — Except as provided in subsection (a6) of this section, no
person shall do any of the following things or carry out any of the following activities
unless that person has received a permit from the Commission and has complied with
all conditions set forth in the permit: (1) Make any outlets into the waters of the
State.; (2) Construct or operate any sewer system, treatment works, or disposal
system within the State.; (9) Dispose of sludge resulting from the operation of a
treatment works, including the removal of in -place sewage sludge from one location
and its deposit at another location, consistent with the requirement of the Resource
Conservation and Recovery Act and regulations promulgated pursuant thereto.
L. On January 20, 2023, the Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), conducted a compliance inspection and noted the following:
End Use -Infiltration: High rate infiltration system still does not meet the wetted area
requirements outlined in the permit. At time of inspection, fields were pending and waste
high vegetation was growing in the fields. Solids were also seen in the field.
Treatment Bar screen: Bar screen is not spaced properly. Operator is using chicken wire to
screen influent. Bar screen needs to be replaced.
2
Treatment Sludge Storage/Treatment : Sludge is being disposed of by a non -permitted sludge
hauler.
End Use -Infiltration: Sprinkler heads were removed from the irrigation system. Effluent was
ponding around the risers. Vegetation has taken over the high rate field. Horses are allowed
to access the disposal area and solids are everywhere within the spray area.
Treatment Filters: The clear well had substantial solids in the basin. The operator
backwashed one filter while the inspection was ongoing. The filters never cleared of solids.
The operator stated that the backwash was blowing media into the mud well. The filters are
not functioning as designed.
Treatment Clarifiers: The scum system was not operational and had not been for some time.
The sludge blanket was higher than recommended.
Standby Power: The Generator is non -operational.
The facility is operating under an expired permit and has failed to submit a complete
application for renewal.
M. The Village at Ocean Hill facility does not have a valid permit for the above -described
activity.
N. The Village of Ocean Hill received the August 15, 2023, Notice of Violation/Notice of Intent
to Enforce on August 21, 2023.
0. The cost to the State of the enforcement procedures in this matter totaled $355.15.
Based upon the above Findings of Facts, I make the following:
II. CONCLUSIONS OF LAW:
A. Enviro-Tech of North Carolina, Inc. is a "person" within the meaning of G. S. 143-215.6A
pursuant to G. S. 143-212(4).
B. Failure to maintain disposal areas as documented by presence of waste high vegetation within
the disposal fields is a violation of Condition II.1. of Conjunctive Wastewater Treatment and
Reclaimed Water Utilization System Permit No. W00015052.
C. Presence of residual solids within the disposal fields is a violation of Condition 11.1. of
Conjunctive Wastewater Treatment and Reclaimed Water Utilization System Permit No.
W00015052.
D. Presence of ponding within the disposal area is a violation of Condition No. III. Operation
and Maintenance Requirements, 4. of Conjunctive Wastewater Treatment and Reclaimed
Water Utilization System Permit No. W00015052.
E. Operation of the system without a true bar screen is a violation of Condition II.1. of
Conjunctive Wastewater Treatment and Reclaimed Water Utilization System Permit No.
WQ0015052.
F. Improper disposal of sludge via a non -permitted sludge hauler is a violation of Condition No.
III. Operation and Maintenance Requirements, 10. of Permit No. WQ0015052.
G. Failure to maintain the filters in a manner that allows them to function as designed is a
violation of Condition II.1. of Conjunctive Wastewater Treatment and Reclaimed Water
Utilization System Permit No. W00015052.
H. Failure to maintain the scum system within the clarifier is a violation of Condition II.1. of
Conjunctive Wastewater Treatment and Reclaimed Water Utilization System Permit No.
W00015052.
I. Failure to maintain an operational generator is a violation of Condition III., 8. of Conjunctive
Wastewater Treatment and Reclaimed Water Utilization System Permit No. W00015052.
J. Failure to secure and operate the facility under a valid permit is a violation of Condition VI.
7. of Conjunctive Wastewater Treatment and Reclaimed Water Utilization System Permit No.
W00015052 and of North Carolina General Statute 143-215.1(a).
K. Enviro-Tech of North Carolina maybe assessed civil penalties in this matter pursuant to G.S.
143-215.6A(a)(2), which provides that a civil penalty of not more than twenty-five thousand
dollars ($25,000.00) per violation may be assessed against a person who is required but fails
to act in accordance with the terms, conditions, or requirements of a permit required by G.S.
143-215.1.
L. The State's enforcement costs in this matter may be assessed against Enviro-Tech of North
Carolina, Inc. pursuant to G. S. 143-215.3(a)(9) and G. S. 143B-282.1(b)(8).
M. The Regional Office Supervisor of the Division of Water Resources Water Quality Regional
Operations Section, pursuant to delegation provided by the Secretary of the Department of
Environmental Quality and the Director of the Division of Water Resources, has the authority
to assess civil penalties in this matter.
Based upon the above Findings of Facts and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Enviro-Tech of North Carolina, Inc. owner of the Village at Ocean Hill wastewater
treatment and disposal system, is hereby assessed a civil penalty of:
S
$ � � �y� For violating Condition No. II.1. of Permit WQ0015052 for presence of
excessive weed growth within the disposal area, ponding of wastewater
within the disposal area, and failure to maintain the wastewater disposal
area.
6C�
$�i For violating Condition No. 11.1. of Permit WQ0015052 for the presence
of residual biosolids within the disposal area.
op
$ For violating Condition No. II.1. of Permit WQ0015052 for failure to
utilize an influent bar screen.
$ For violating Condition No. III.10. of Permit W00015052 for improper
disposal of sludge.
00
$ �c For violating Condition No. 11.1. of Permit WQOOI 5052 for failure to
maintain and operate filters in a functional capacity.
$ Q 00
G -L 000, 00
$ L179 06
$ 91 L173, 06
For violating Condition No. II.1. of Permit WQ0015052 for failure to
maintain the clarifiers scum system.
For violating Condition No. III.8. of Permit W00015052 for failure to
maintain an operational generator.
For violating Condition No. VI. 7. of Permit W00015052 for failure to
maintain a valid permit.
TOTAL CIVIL PENALTY
Enforcement costs
TOTAL AMOUNT DUE
As required by G. S. 143-215.6A(c), in determining the amount of the penalty I have considered
the factors listed in G. S. 14313-282.l(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface quantity or quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentional;
(7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
W
a0`f iChA�A r/ice
(Date) David May, SupeAdsW Washington Regional Office
Water Quality Regional Operations Section
Division of Water Resources
ATTACHMENT A
Enviro-Tech of North Carolina Inc
CASE NUMBER: PC-2023-0026
PERMIT NO: WQ0015052
REGION: Washington
FACILITY: Village at Ocean Hill WWTP
COUNTY: Currituck
VIOLATION
VIOLATION
PENALTY
DATE AREA
TYPE
VIOLATION DESCRIPTION
AMOUNT
112012023 End Use -Infiltration
Permit conditions violation
High rate infiltration system still does
$1,500.00
not meet the wetted area requirements
outlined in the permit. At time of
inspection, fields were ponding and
waste high vegetation was growing in
the fields. Solids were also seen in the
field.
1/20/2023 Treatment Bar screen
Violation detected during
Bar screen is not spaced properly.
$0.00
inspection
Operator is using chicken wire to screen
influent. Bar screen needs to be
replaced.
1/20/2023 Treatment
Violation detected during
Operating under expired permit and
$4,000.00
inspection
failure to resubmit.
1/20/2023 Treatment Sludge
Violation detected during
Sludge is being disposed of by a
$1,000.00
Storage/Treatment
inspection
non -permitted sludge hauler.
1/20/2023 End Use -Infiltration
Violation detected during
Sprinkler heads were removed from the
$1,000.00
inspection
irrigation system. Effluent was ponding
around the risers. Vegetation has taken
over the high rate field. Also, now
horses are allowed to access the area
and solids are everywhere within the
spray area.
1/20/2023 Treatment Filters
Violation detected during
The clear well had substantial solids in
$0.00
inspection
the basin. The operator backwashed
one filter while the inspection was
ongoing. The filters never cleared of
solids. The operator stated that the
backwash was blowing media into the
mud well. An evaluation of the filter
media must be conducted.
1/2012023 Treatment Clarifiers
Violation detected during
The scum system was not operational
$0.00
inspection
and had not for some time. The sludge
blanket was higher than recommended.
1/20/2023 Standby Power
Violation detected during
The Generator is non -operational.
$1,500.00
inspection
DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Enviro-Tech of North Carolina Inc
Facility Name: Village at Ocean Hill WWTP
Permit Number: W00015052
County: Currituck
Case Number: PC-2023-0026
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation;
Moderately significant — No documented fish kills. The wwtp is not meeting limits and may be a health risk to the public.
Exceeding permitted limits have caused Groundwater Violations at the two monitoring wells. The high rate disposal field
and the wastewater treatment plant (wwtp) is open to the public. The disposal fields are not owned by the permittee and the
permittee does not have a long --term lease.
2) The duration and gravity of the violation;
Moderately significant- The permittee no longer operates the wastewater treatment plant (wwtp) and has hired a
contract operator. The wwtp operation has deteriorated since the contract operator has taken over. WWTP limits
have been exceeded many times and multiple Notices and Assessments have occurred.
3) The effect on ground or surface water quantity or quality or on air quality;
Moderately significant- Groundwater violations have occurred at the two monitoring wells. The grouindwater
discharges to wetlands and to the Currituck Sound which could cause environmental impacts,
4) The cost of rectifying the damage; Unknown.
5) The amount of money saved by noncompliance; Unknown.
6) Whether the violation was committed willfully or intentionally; This office does not believe the violations were
willful or intentional.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
Significant- Over the last 24 months the facility received an assortment of Notices and Assessments. The facility has
had a chronic history of exceeding TSS, Ammonia and Fecal Limits. The facility also has a history of various
monitoring and frequency violations. Recent inspections have shown the facility in a state of disrepair and is not
being properly operated or properly maintained. The facility was placed on a moratorium on October 1, 2023
because of the non-conmpliance.
8) The cost to the State of the enforcement procedures.
$478.06
A
Date David May, Regiona Su rvisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ