WQ0032548_NOV-2022-PC-0290 and Compliance Evaluation_20220531

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7018 0360 0002 2099 2366
Return Receipt Requested
Mr. Jeff Brink and Ms. Tracy Legeza
8528 Waxhaw Creek Road
Waxhaw, North Carolina 28173
Dear Mr. Brink and Ms. Legeza:
NORTH CAROLINA
Environmental Quality
May 31, 2022
and Email
Subject: Notice of Violation
NOV-2022-PC-0290
Non -Discharge Permit Follow-up Inspection
Wastewater Surface Irrigation System
Permit #WQ0032548
Union County
Mooresville Regional Office (MRO) staff met with Ms. Tracy Legeza and Mr. Sid Gaskins (maintenance
contractor) on May 9th, 2022, for a compliance inspection and customer service for the current owner,
who purchased the property shortly after the last site visit in January 2020. The current owners/residents
are Mr. Jeff Brink and Ms. Tracy Legeza and an ownership change / renewal is in process with the
Division's Non -Discharge Branch in the Raleigh Central Office.
The MRO would like to thank Ms. Legeza and Mr. Gaskins for their time during the inspection.
Unfortunately, there were several items noted for repair at the time of inspection, some critical to proper
operation and treatment, thus the system was found to be in violation for the following permit conditions:
• 111.1. "The facility shall be properly operated and maintained at all times..."
• 111.4. "Adequate measures shall be taken to prevent ponding in or runoff from the irrigation sites..."
• III. 10. "Diversion or bypassing of untreated or partially treated wastewater from the facilities is
prohibited."
• III. 11. "Pumps/dosing tanks shall have audible and visual alarms external to any structure."
The recirculation pump failed and did not trigger the audible or visual alarms at the control
panel. Effluent from the recirculation tank was / is bypassing the filter, going straight to
UV, the dosing tank, and the irrigation field. Given potentially higher solids it is uncertain
if the UV could properly treat for fecal coliform (testing is not currently required under this
permit). In addition, there were several breaks in the field drip lines creating ponding
within the field and evidence of runoff from the field though the runoff appeared to remain
on the owner's property within the review boundary.
• V. INSPECTIONS
1:tE
NORTH CAROLINA
Department of Environmental Dual
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1601 East Center Avenue, Suite 301 I Mooresville, NC 28115
704.663.1699

The current owner was unaware of program requirements but was advised during the site
visit and that they are responsible for proper operation, maintenance and documentation
of weekly / monthly inspections noted in the permit.
Remedial actions, if not already implemented, should be taken to correct any noted problems. Please be
aware that non-compliance with your permit could result in enforcement action by the Division of Water
Resources for these and any additional violations of State law. The Mooresville Regional Office
encourages you to take all necessary actions to bring your facility into compliance.
It is requested that necessary repairs be made within 60 days of the inspection date, by July 11th,
2022, and that you notify MRO staff when repairs are scheduled and completed to allow for a follow-up
inspection. System repairs, maintenance and proper documentation are required to return to compliance
with the terms and conditions as set forth in the June 29th, 2017, WQ0032548 permit previously issued to the
former owner, until your Ownership Change request is processed. A copy of the previous permit was emailed
to both of you on, or before the May 9th, 2022, inspection.
Please contact Maria Schutte by email [e-mail] or phone [phone]) should you
have questions.
Sincerely,
DocuSigned by:
114.0141w H Pzue4
�F 161FB69A2D84A3...
Andrew H. Pitner, P.G., Assistant Regional Supervisor
Mooresville Regional Office
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Attachment(s): WQ0032548 Inspection Report — May 2022
CC: Sid Gaskins, Wastewater Management, LLC (Email)
Union County Environmental Health (Email)
D_E
NORTH NA
Departmentnt of of Environmental Duality
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1601 East Center Avenue, Suite 301 I Mooresville, NC 28115
704.663.1699

Compliance Inspection Report
Permit: WQ0032548
SOC:
County: Union
Region: Mooresville
Effective: 06/29/17
Effective:
Expiration: 05/31/22 Owner : John R Bass
Expiration: Facility: 8528 Waxhaw Creek Rd. SFR
8528 Waxhaw Creek Rd
Note that ownership change is in
process. Property owned by Brink &
Legaza.
Contact Person: John R Bass
Waxhaw NC 28173
Title: Phone:
Directions to Facility:
From exit 61 on 1-485 travel south on Hwy 521 approx. 20 miles, continue past the intersection with SC Hwy 5, turn left onto E N
Corner Rd, turn left onto Tirzah Church Rd, turn left onto Waxhaw Creek Road, turn left at unpaved drive #8528 go 0.5 miles.
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 05/09/2022
Primary Inspector: Maria Schutte
Secondary Inspector(s):
Entry Time 10:38AM Exit Time: 12:26PM
Phone: [phone]
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Single -Family Residence Wastewater Irrigation
Facility Status: ❑ Compliant Not Compliant
Question Areas:
▪ Miscellaneous Questions
▪ Sand Filter/Treatment Pods
▪ Drip or Irrigation
(See attachment summary)
▪ Permit Status
▪ Disinfection UV
▪ General
▪ Septic Tank
▪ Pump Tank
Page 1 of 5

Permit: WQ0032548 Owner - Facility:John R Bass
Inspection Date: 05/09/2022 Inspection Type : Compliance Evaluation
Reason for Visit: Routine
Inspection Summary:
Mooresville Regional Office (MRO) staff met with Ms. Tracy Legeza and Mr. Sid Gaskins (maintenance contractor) on May
9th, 2022, for a compliance inspection and customer service for the current owner, who purchased the property shortly after
the last site visit in January 2020. The current owners/residents are Mr. Jeff Brink and Ms. Tracy Legeza and an ownership
change / renewal is in process with the Division's Non -Discharge Branch in the Raleigh Central Office.
The MRO would like to thank Ms. Legeza and Mr. Gaskins for their time during the inspection. Unfortunately, there were
several items noted for repair at the time of inspection, some critical to proper operation and treatment, thus the system was
found to be in violation for the following permit conditions:
• 111.1. "The facility shall be properly operated and maintained at all times..."
• 111.4. "Adequate measures shall be taken to prevent ponding in or runoff from the irrigation sites..."
• III. 10. "Diversion or bypassing of untreated or partially treated wastewater from the facilities is prohibited."
• III. 11. "Pumps/dosing tanks shall have audible and visual alarms external to any structure."
The recirculation pump failed and did not trigger the audible or visual alarms at the control panel. Effluent from the
recirculation tank was / is bypassing the filter, going straight to UV, the dosing tank, and the irrigation field. Given
potentially higher solids it is uncertain if the UV could properly treat for fecal coliform (testing is not currently required under
this permit). In addition, there were several breaks in the field drip lines creating ponding within the field and evidence of
runoff from the field though the runoff appeared to remain on the owner's property within the review boundary.
• V. INSPECTIONS
The current owner was unaware of program requirements but was advised during the site visit and that they are responsible
for proper operation, maintenance and documentation of weekly / monthly inspections noted in the permit.
Remedial actions, if not already implemented, should be taken to correct any noted problems. Please be aware that non
compliance with your permit could result in enforcement action by the Division of Water Resources for these and any
additional violations of State law. The Mooresville Regional Office encourages you to take all necessary actions to bring
your facility into compliance.
It is requested that necessary repairs be made within 60 days of the inspection date, by July 11th, 2022, and that you notify
MRO staff when repairs are scheduled and completed to allow for a follow-up inspection. System repairs, maintenance and
proper documentation are required to return to compliance with the terms and conditions as set forth in the June 29th, 2017,
WQ0032548 permit previously issued to the former owner, until your Ownership Change request is processed. A copy of the
previous permit was emailed to both of you on, or before the May 9th, 2022, inspection.
Please contact Maria Schutte by email [e-mail] or phone [phone]) should you have questions.
Page 2 of 5

Permit: WQ0032548 Owner - Facility:John R Bass
Inspection Date: 05/09/2022 Inspection Type : Compliance Evaluation
Reason for Visit: Routine
Permit Status
# Is the current resident in the home the Permittee?
# If not, does the resident rent from the Permittee?
Change of Ownership form needed? (Mail the form with the inspection letter)
# Is there an inspection and maintenance agreement with a contractor?
If YES, who is the contractor (include contact info)?
Mr. Sid Gaskins 828-244-9765 (cell) or [e-mail], who has his own company and has
maintained this system for many years. Site visits may be as needed, not necessarily required under a
contract.
Yes No NA NE
❑ • ❑ ❑
• ❑ ❑ ❑
• ❑ ❑ ❑
Comment: Bass family was in process of selling home at previous inspection (Jan. 2020). MRO staff
attempted to mail a complete packet of information to the current resident at that time, also
Central Office (CO) staff sent a letter requesting updated ownership in 2021, but present
owners said they did not receive anything and were unaware of a permit. They did have
contact information for Mr. Sid Gaskins, whose company provided maintenance and repairs
prior to this inspection. The current owners/residents are Mr. Jeff Brink and Ms. Tracy Legeza
and have an ownership change / renewal in process with CO.
Septic Tank
*** The septic tank and filters should be checked annually and pumped/cleaned as needed. ***
Is all wastewater from the home connected to the septic tank?
# Does the permittee/resident know where the septic tank is located?
Has the septic tank been pumped in the last 5 years?
If YES, describe if known and proof (include date pumped):
Tank residuals assessed by contractor and pumping has not been necessary due since only used two adults
for past several years.
# Does the septic tank have an EFFLUENT FILTER or SANITARY T?
If FILTER, when was the filter cleaned and by who?
Yes No NA NE
• ❑ ❑ ❑
• ❑ ❑ ❑
• ❑ ❑ ❑
May 9th, 2022 -
Sid Gaskins
(contractor).
Comment: This system has always appeared to have foaming issues (by matter stuck to sides of tanks),
but little foam or floating debris has been detected at times of inspection.
Sand Filter/Treatment Pods
***Accessible sand filter surfaces shall be raked/leveled every 6 months and vegetative growth shall be
removed manually. ***
# Is system something other than a sand filter?
# If YES, what kind? (examples - Peat, Textile or brand name - Advantex, etc.)
# Does the permittee know where the sandfilter is located?
Does the sandfilter require maintenance?
Yes No NA NE
• ❑ ❑ ❑
Advantex, hanging
curtain style.
❑ ❑ • ❑
❑ ❑ • ❑
Page 3 of 5

Permit: WQ0032548 Owner - Facility:John R Bass
Inspection Date: 05/09/2022 Inspection Type : Compliance Evaluation
Reason for Visit: Routine
If maintenace is required, explain:
Ms. Legeza was present for the inspection and now knows where system components are located. MRO
staff discussed operation and maintenance logbook for owner documentation of required weekly and
monthly checks. Also advised owner to discuss with contractor for safest manner to assess UV operation.
MRO staff cautioned against accessing UV lamp unit for eye safety.
Comment: See comments on recirculation pump failure, etc. in Summary section and Cover Letter.
Disinfection UV
*** UV unit shall be checked weekly. Lamps/sleeves should be cleaned/replaced as needed to ensure
proper disinfection. ***
Is UV working?
Has the UV Unit been serviced and bulbs cleaned?
# Who completes the weekly check for the UV? ( Non -Discharge)
Yes No NA NE
• ❑ ❑ ❑
Intermittent checks
by maintenance
staff only.
Comment: MRO staff discussed operation and maintenance logbook for owner to document required
weekly and monthly checks going forward. Also advised owner to discuss with contractor for
safest manner to assess UV operation. MRO staff cautioned against accessing UV lamp unit
for eye safety. See comments in Summary section and Cover Letter for bypass that may have
reduced UV treatment. MRO staff recommended UV bulb / sleeve be cleaned upon completion
of recirculation tank repairs.
Pump Tank Yes No NA NE
***All pump and alarm sytems shall be inspected monthly. (Non -Discharge) ***
Is the pump working? ❑ • ❑ ❑
Is the audible and visual high water alarm operational? • ❑ ❑ ❑
# Does the permittee know how to check the pump & high water alarm? ❑ • ❑ ❑
# Last functional test: May 9th, 2022, by
maintenance
contractor
Comment: See comments in Summary section and Cover Letter. Contractor stated alarms were working
at the control panel, but he did not know why they failed to activate with the pump failure in the
recirculation tank. The pump that failed was replaced approx. 8 months ago and still under
warranty. Owner and / or contractor were to notify MRO staff when parts arrived and repairs
scheduled.
Drip or Irrigation
*** Irrigation sysetm shall be inspected monthly to ensure system is free of leaks and equipment is operating
as designed. ***
# Type of system (DRIP or IRRIGATION):
# If IRRIGATION, number of sprinkler heads:
Are buffers and setbacks adequate?
Is the site free of ponding and runoff?
Does the application equipment appear to be working properly?
Is there a minimum two wire fence surrounding the entire irrigation area?
Yes No NA NE
Drip
NA
• ❑ ❑ ❑
• ❑ ❑ ❑
Page 4 of 5

Permit: WQ0032548 Owner - Facility:John R Bass
Inspection Date: 05/09/2022 Inspection Type : Compliance Evaluation
Reason for Visit: Routine
Comment: This facility has a reduced setback waiver to a property line for the drip field. There were eight
drip line breaks detected at the time of inspection. The owner noted damage from mowing in
one location. Line breaks at the beginning of each zone were significant, creating ponding at
the time of inspection, and there was evidence of runoff outside the drip field (still on owner
property and inside a review boundary). See comments in Summary section and Cover Letter.
General
# Are the treatment units locked and/or secured?
# Has resident had any sewage problems?
If YES, explain:
Owner has called for maintenance when alarm is triggered. Pump in recirculation tank was replaced about
eight months ago.
Does the system match the permit description?
If NO, explain:
NA
Is the system compliant?
Is the system failing? (If yes, take pictures if possible)
Yes No NA NE
• ❑ ❑ ❑
▪ •
• ❑ ❑ ❑
If system is failing, describe any exposures to people/animals or environmental risks.
Treatment system history for solids / bio-growth at the filtration units, that may need additional rinses
between maintenance. But the drip field does not appear to be failing.
Comment: Field needs to be maintained for tall grasses / weeds. See comments in Summary and Cover
Letter for drip line breaks.
Page 5 of 5