WQ0004059_PC-2024-0005_20240227

DocuSign Envelope ID: EF506DE0-4125-4FD9-BEAC-A14F7D74B601
DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Sugarloaf Utility Inc
Facility Name: Atlantic Station WWTP
Permit Number: W00004059
County: Carteret
Case Number: PC-2024-0005
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;
This assessment is for violations regarding the proper operation and maintenance of the Facility. The degree and extent
of harm have not been quantified.
2) The duration and gravity of the violation;
The Facility was found to be non -compliant during the inspection conducted on January 24, 2024. The operation and
maintenance violations have been noted on inspection reports since the May 18, 2021 inspection.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on groundwater quantity or quality has not been evaluated.
4) The cost of rectifying the damage;
At this time, a cost cannot be determined.
5) The amount of money saved by noncompliance;
It is not believed that any money was saved by these violations. Any money saved by noncompliance is de minimis.
6) Whether the violation was committed willfully or intentionally;
There is no evidence that the violations were committed willfully or intentionally. However, the violations, noted since
the May 18, 2021 inspection, have not been addressed.
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
The Facility has had no previous enforcement actions in the preceding 12-month period.
8) The cost to the State of the enforcement procedures.
$158.96
2/28/2024
Date
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Morella Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ

DocuSign Envelope ID: EF506DE0-4125-4FD9-BEAC-A14F7D74B601

DocuSign Envelope ID: EF506DE0-4125-4FD9-BEAC-A14F7D74B601
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ROY COOPER
Governor -
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR. NORTH CAROLINA
Director Environmental Quality
Certified Mail #7021 0950 0001 1209 8924
Return Receipt Requested
February 28, 2024
William T Smith
Sugarloaf Utility Inc
514 Daniels St
Ste 414
Raleigh, NC 27605-1317
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of NC General Statute (G.S.) 143-215.1(a)(6)
and Non -Discharge Permit No. WQ0004059
Sugarloaf Utility Inc
Atlantic Station WWTP
Case No. PC-2024-0005
Carteret County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $3,408.96
($3,250.00 civil penalty + $158.96 enforcement costs) against Sugarloaf Utility Inc.
This assessment is based upon the following facts: an inspection of the Atlantic Station WWTP was conducted
on January 24, 2024. This inspection was conducted to verify that the facility is operating in compliance with
the conditions and limitations specified in Non -discharge Permit No. WQ0004059. This inspection has shown
the subject facility to be in violation of the conditions and limitations found in Non -discharge Permit No.
WQ0004059. 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 Sugarloaf Utility Inc violated the terms,
conditions or requirements of Non -discharge Permit No. WQ0004059 and G.S. 143-215.1(a)(6) in the manner
and extent shown in Attachment A. 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).
D North Caml[na Department ofF vlronrnental QHality I Dlvlslon of Water Remu
WflM gton Regional Office I 127Cardtna1Dnve Ex mn , I Wilmington.Northr m1fna26405
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DocuSign Envelope ID: EF506DE0-4125-4FD9-BEAC-A14F7D74B601
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,
Morella Sanchez -King, Regional Supervisor, Wilmington Regional Office hereby make the following civil penalty
assessment against Sugarloaf Utility Inc:
3 250.00 For 5 of the 5 violations of the conditions and limitations specified in Permit No.
WQ0004059 .
3 250.00 TOTAL CIVIL PENALTY
158.96 Enforcement Costs
3 408.96 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

DocuSign Envelope ID: EF506DE0-4125-4FD9-BEAC-A14F7D74B601
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

DocuSign Envelope ID: EF506DE0-4125-4FD9-BEAC-A14F7D74B601
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 §150B-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: [phone]
Fax: [phone]
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.

DocuSign Envelope ID: EF506DE0-4125-4FD9-BEAC-A14F7D74B601
If you have any questions, please contact Helen Perez with the Division of Water Resources staff of the
Wilmington Regional Office at [phone] or via email at [e-mail].
Sincerely,
EDocuSigned by:
6,
A2BSE126A9394A6...
Morella Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Wilmington Regional Office - Enforcement File
Thomas Joyner — electronic copy
Upload to Laserfiche

DocuSign Envelope ID: EF506DE0-4125-4FD9-BEAC-A14F7D74B601
JUSTIFICATION FOR REMISSION REQUEST
Case Number: PC-2024-0005 County: Carteret
Assessed Party: Sugarloaf Utility Inc
Permit No.: WQ0004059 Amount Assessed: $3,408.96
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:

DocuSign Envelope ID: EF506DE0-4125-4FD9-BEAC-A14F7D74B601
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CARTERET
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Sugarloaf Utility Inc )
Atlantic Station WWTP
PERMIT NO. WQ0004059 ) CASE NO. PC-2024-0005
Having been assessed civil penalties totaling $3,408.96 for violation(s) as set forth in the assessment
document of the Division of Water Resources dated February 28, 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 , 20
SIGNATURE
ADDRESS
TELEPHONE

DocuSign Envelope ID: EF506DE0-4125-4FD9-BEAC-A14F7D74B601
ATTACHMENT A
Sugarloaf Utility
Inc
CASE NUMBER: PC-2024-0005
PERMIT NO:
WQ0004059
REGION: Wilmington
FACILITY:
Atlantic Station WWTP
COUNTY: Carteret
VIOLATION
VIOLATION
PENALTY
DATE
AREA
TYPE
VIOLATION DESCRIPTION
AMOUNT
1/24/2024
Treatment
Violation detected during
Advance state of corrosion throughout
$500.00
inspection
the plant.
1/24/2024
End Use -Infiltration
Violation detected during
Lack of maintenance/repair of both
$1,000.00
inspection
rotary distributor systems
1/24/2024
Treatment
Violation detected during
Lack of maintenance/repair of the EQ
$1,000.00
inspection
tank
1/24/2024
End Use -Infiltration
Violation detected during
Lack of measures to prevent effluent
$500.00
inspection
ponding in the infiltration sites
1/24/2024
End Use -Infiltration
Violation detected during
Some of the MWs were not secured.
$250.00
inspection