WQ0013808_NOV-2019-PC-0287_20190430

April 30, 2019

CERTIFIED MAIL No. 7011 1570 0001 8546 4709
RETURN RECEIPT REQUESTED

Mr. Dan Witcher
Kotis Properties, Inc.
P.O. Box 9296
Greensboro, NC 27429-9296

Subject: Notice of Violation/Notice of Intent to Enforce (NOV/NOI)
NOV-2019-PC-0287
Summerfield Shopping Center
Wastewater Surface Irrigation
Permit No. WQ0013808
Guilford County

Dear Mr. Witcher:

On March 19, 2019 Rebecca Chandler of the North Carolina Division of Water Resources (DWR)
Winston-Salem Regional Office (WSRO) performed an announced routine compliance inspection
of the subject facility’s wastewater treatment and surface irrigation system. Ms. Chandler was
accompanied onsite by Mr. Chad Leinbach (ORC) of Conner Consulting and Mr. Alan Gaddis,
Construction Supervisor for the subject property. A separate, in office review of the self-
monitoring report records for the period January 2018 to January 2019 was also conducted. The
inspection found the subject facility to be non-compliant with Permit No. WQ0013808.

Accordingly, the following observations and violations were noted which require your immediate
attention and action:

1. Permit Condition II.4 states that “Application rates, whether hydraulic, nutrient, or other
pollutant shall not exceed those specified in Attachment B.” The yearly maximum
application for all application fields is 34.75 inches. The 12-month floating total was
exceeded on Field 3 in January 2018, February 2018, March 2018, April 2018, May 2018,
December 2018, and January 2019. The 12-month floating total was exceeded on Field 2
in November 2018, December 2018, and January 2019. The 12 -month floating total was
exceeded on Field 1 in January 2019. Additionally, application was not ceased or reduced
on Fields 1, 2, or 3 even though the yearly maximum had already been exceeded. This
permit condition was cited as a concern in a Notice of Deficiency dated October 26, 2011,

Summerfield Shopping Center WWTF – NOV/NOI
April 30, 2019
Page 2

a Notice of Violation/Notice of Intent to Enforce dated March 13, 2018 (NOV-2018-PC-
0085), and in Compliance Evaluation Inspection letters dated August 24, 2015 and
November 14, 2016.

Immediately begin utilizing the wastewater irrigation system within the permit
condition limits.

2. Permit Condition III.4 states that “adequate measures shall be taken to prevent effluent
ponding in or runoff from the irrigation sites…” During the onsite inspection, evidence of
ponding was noted throughout Zone 2.

Be sure that proper inspection of all Zones prior to irrigation is completed to ensure the
soil conditions are such that effluent will be assimilated and not pond on top of the
surface.

3. Permit Condition III.5 states that “irrigation shall not be performed during inclement
weather or when the ground is in a condition that will cause ponding or runoff.” Non -
Discharge Application Reports (NDARs) indicate that irrigation was conducted
throughout the month of December 2018, including prior to, during, and after the 12 -
inch snow event that was recorded in the area. It should be noted that the 12 -inch snow
event was not reported on the NDARs. Irrigation events recorded throughout the late
Fall and Winter months are concerning as the area saw an exceptional amount of
rainfall and wet weather conditions such that wastewater irrigation at other facilities
within the Winston-Salem Region was prevented.

While this office understands that rain sensors are installed on the system, please
understand that this is not a fail-proof method to ensure irrigation does not occur when
the soil condition is not suitable to assimilate the effluent. The Permit also prohibits
irrigation when the soil is saturated, frozen, or snow-covered.

4. Permit Condition III.9 states “Public access to the land application sites shall be controlled.”
While the fencing along Hwy 220 has been replaced, the fencing is not closed at the road
entrance. This permit condition was cited as a concern in the most recent two Compliance
Evaluation Inspection letters dated August 24, 2015 and November 14, 2016 and the
Notice of Violation/Notice of Intent to Enforce dated March 13, 2018 (NOV-2018-PC-
0085).

Complete fencing and/or restrictive signage to the facility to ensure no public access.

5. Permit Condition III.11 states “Diversion or bypassing of untreated or partially treated
wastewater from the treatment facilities is prohibited.” [15A NCAC 02T .0108(b)(1)]
Wastewater was continuing to leak from the sand filter treatment unit into the wet

Summerfield Shopping Center WWTF – NOV/NOI
April 30, 2019
Page 3

weather storage pond, bypassing a portion of the sand filter, the wetland treatment cells,
and chlorination. During the March 19, 2019 inspection, approximately 19 of the lateral
line junction boxes and the valve box at the bottom of the lateral lines were full of
wastewater, ultimately overflowing into the wet weather storage pond. This bypass has
been an ongoing issue from at least the date of the Notice of Violation/Notice of Intent
to Enforce dated March 13, 2018 (NOV-2018-PC-0085) and has yet to be addressed.

Assess and resolve the problem causing the sand filter to bypass and ensure that the
sand filter can operate as designed. Replace sand filter media if necessary with the
proper material according to engineering specifications .

6. Permit Condition III.12 states “Freeboard in the wetland treatment cells and lined wet
weather storage pond shall not be less than two feet at any time.” Freeboard levels were
exceeded in September 2018, October 2018, November 2018, and January 2019. This
permit condition was cited as a concern in and in a Compliance Evaluation Inspection
letter dated November 14, 2016 a Notice of Violation/Notice of Intent to Enforce dated
March 13, 2018 (NOV-2018-PC-0085).

WSRO received two notifications from the ORC regarding freeboard exceedance; one in
October 2018 and one in February 2019.

7. Permit Condition IV.5(g) states that “the Permittee shall maintain adequate records
tracking the amount of effluent irrigated. At a minimum, these records shall
include…weather conditions.” Upon review of self-monitoring data, it was noted that
weather codes and precipitation events are only recor ded once weekly. This permit
condition violation was cited in a Notice of Violation/Notice of Intent to Enforce dated
March 13, 2018 (NOV-2018-PC-0085).

Please ensure that weather codes and precipitation levels are recorded for each date
that an irrigation event occurs as required by the permit.

8. Attachment A – Limitations and Monitoring Requirements of the Permit includes two new
parameters (Total Nitrogen and Total Phosphorus) for effluent sampling that were not
included in previous Permit versions. The most recent sampling event in November 2018
was missing these two parameters in the analysis.

Please ensure that all required parameters are analyzed for in future effluent sampling
events.

In addition to the above-mentioned violations, the following items of concern also require your
attention and action:

Summerfield Shopping Center WWTF – NOV/NOI
April 30, 2019
Page 4

1. Permit Condition III.13 states that “Gauges to monitor waste levels in the wetland
treatment cells and 550,000 gallon lined wet-weather storage pond shall be provided.
These gauges shall have readily visible permanent markings, at inch or tenth of a foot
increments, indicating…maximum liquid level at the top of the temporary liquid storage
volume, minimum liquid level at the bottom of the temporary liquid storage volume, and
the lowest point on the top of the dam.” This condition is particularly important
considering a question about the accuracy of the current freeboard measurement device
noted during the March 19, 2018 onsite inspection (see enclosed inspection report). This
permit condition was cited as a concern in a Compliance Evaluation Inspection letter
dated August 24, 2015 and in a Notice of Violation/Notice of Intent to Enforce dated
March 13, 2018 (NOV-2018-PC-0085).

Install and maintain a staff gauge within the wet weather stor age pond.

2. Permit Condition IV.8 requires that records of residuals (septic hauling, grease trap
cleanout) removed from the facility be maintained for a period of no less than 5 years.
Residual records shall include “a. Name of the residuals hauler; b. non-discharge permit
number authorizing the residuals disposal, or a letter from the municipality agreeing to
accept the residuals; c. date the residuals were hauled; and volume of residuals removed.”
Residuals removal records were not immediately available during the onsite inspection,
but incomplete records were provided via email after the inspection. The incomplete
records were not for a period of at least 5 years, did not include grease trap removal
records, and most of the records did not include volume removed.

Going forward, please ensure a complete record of residuals removed from the system
are kept for a minimum of 5 years to ensure Permit compliance.

Required Response:

Accordingly, you are requested to provide a written response within ten (10) calendar days
following receipt of the Notice. Your response should be sent to my attention at the letterhead
address and must include an outline detailing specific plans to remedy these violations and any
future violations.

This office is considering the pursuit of enforcement actions regarding these issues and any future
or continued violations that may be encountered. If you wish to present an explanation for the
violations cited, or if you believe there are other factors which should be considered , please
include them in your response. Our office requires that the violations, as detailed above, be
abated immediately and properly resolved. Pursuant to NC General Statute G.S. 143 -215.6A,
these violations and any future violations are subject to a civ il penalty of up to a maximum of
$25,000.00 per violation per day.

Summerfield Shopping Center WWTF – NOV/NOI
April 30, 2019
Page 5

Your immediate attention is greatly appreciated. Additional observations and comments may be
found in the inspection report enclosed for your review. Please contact Rebecca Chandler (336 -
776-9705) if you have any questions regarding this Notice.

Sincerely,

Lon Snider
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ – WSRO

encl.: Compliance Inspection Report

cc: Chad Leinbach – Conner Consulting, LLC., via email
Guilford County Environmental Health
DWR Central Office – Permit File WQ0013808
WSRO Files