HomeMy WebLinkAboutNCG551227_NOV-2019-LV-0271 Request to Serve_20190708ROY COOPER
Governor
MICHAEL S. REGAN
secretary
LINDA CULPEPPER
Interim Director
NORTH CAROLINA
Environmental Quality
June 24, 2019
�q -0t)3*-
7
Lee County Sheriffs Office
Sheriff Tracy L Carter
1401 Elm Street 00
Sanford NC 27331, 0
Subject: Notice of Service
Calvin Hooker & Juanita Hooker `&!�t_g�_C_►'
Lee County
Dear Sheriff Carter:
Please serve the enclosed Notice of Violation- Notice of Intent to Enforce documents to
the person(s) listed at the following address:
Calvin Hooker & Juanita Hooker
1650 Cotton Road
Sanford, NC 27330
Please return the completed Return of Service form in the enclosed return envelope so
that we may document delivery receipt of the enforcement document. The Division of
Water Resources greatly appreciates this assistance from your office -
Please contact me at (919) 791-4232 or email me at rick.bolich@ncdenr.gov if you have
any questions or need additional information.
Thank you.
Sinc rely, NCDePtofEnvironmental Quality
JUL 1 2019
Rick Bolich, Assistant Regional Supervisor
Water Quality Regional Operations Section Raleigh Regional Office
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North Carolina Department of Environmental quality I Division of Water Resources I Raleigh Regional Office
3800 Barrett Drive - 1628 Mail Service Center, Raleigh, North Carolina 27699-1628
919.791.4200
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STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT QUALITY
COUNTY OF: Lee
IN THE MATTER OF: Calvin Hooker and Juanita Hooker
N OV-201 9-PC-0271 (date 04/22/19)
NOTICE OF SERVICE
To: Sheriff Tracy Carter of Lee County
YOU ARE HEREBY REQUESTED to serve the attached document(s) in the above entitled
action by the individual listed below:
This is the 241h day of June , 2019
By:
Rick lich
Assistant Raleigh Regional Office Supervisor
1628 Mail Service Center
Raleigh, N.C. 27699-1628
919-791-4232
NC Dept of Environmental Quality
JUL 112019
Raleigh Regional Office
RETURN OF SERVICE
I certify that this NOTICE OF SERVICE was received on the ]-6 day of -;1C~ , 2019
and together with the document [NOW Q.-14- Ot.0991 ] (date P$rv!/2014) was served as
follows:
Date Served:
Designated Recipient: Ga("�..,/cam
Place of Service: % o C
(Fill in address where copies were delivered)
By personally delivering copies to the Designated Recipient named above.
By leaving copies with , who is a person of suitable age and
discretion and who resides or belongs in the named individual's dwelling or place of
business.
Designated Recipient WAS NOT served for the following reason:
Service Fee Paid
Paid By
Date Received
Date of Return
30.00
State of N.C. DEQ
Sheriff
MI -
Return to: Rick Bolich
DEQ, Raleigh Regional Office
1628 Mail Service Center
Raleigh, N.C. 27699-1628
County, N.C.
Deputy
NC tiept of Environmental Quality
JUL 11 200
RWteigh Regional Offico
s Complete items 1, 2, and 3. A. Signature -
I Print your name and address on the reverse �j Ag
so that we can return the card to you. X Im rio' Ln Ad
Attach this card to the back of the mailplece, Received by (P ted Name) g. Date of i
or on the front R space permits.
D. is delivery address differen from item t 7 ❑ Ye;
LEE COUNTY SHERIFF'S OFFICE if YES, enter deiiveryaddress belcyr: 0 No
ATTN: CIVIL DIVISION
1401 ELM STREET
SANFORD NC 27331
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Postage & Fees Paid
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ROY COOPER
Governor
MICHAEL S. REGAN
secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quatity
April 22, 2019
CERTIFIED MAIL 7017 0190 0000 9569 9937
RETURNED RECEIPT REQUESTED
Calvin Hooker & Juanita Hooker
1650 Cotten Road
Sanford, North Carolina 27330
Subject: Notice of Violation) Notice of Intent to Enforce
NON'-2019-PC-02 71
1650 Cotton Road
NPDLS General Permit - NCG551227
Lee County
Dear Calvin and Juanita,
On March 28, 2019 Erin Deck and Zach Thomas with the Raleigh Regional Office (RRO) of the
Division of Water Resources conducted a compliance evaluation inspection at 1650 Cotton Road.
PRO staff observed the single family wastewater treatment system was not functioning properly.
The observations from the site inspection and subsequent file review are as follows:
In 2003 DWQ issued a Certificate of Coverage (CoC) under the state NPDES general
permit to Juanita A. Hooker. Under the CoC, an authorization to the construct (AtC) was
issued along with the CoC. The AtC was for a 480 GPD wastewater treatment system
consisting of: 1000 gallon septic tank, 750 gallon recirculation basin/pump tank, 100
square foot (10'x10') recirculating sandfilter with a loading rate of not more than
5.OGPD:'square foot controIleO by a 4:1 splitter box Model 173-1000, chlorinator, chlorine
contact chambers, cascade and,.or rip rap aeration with a discharge to an unnamed tributary
to Deep River classified C waters in the Cape Fear River Basin.
2. A Notice of Violation (NOV-2016-PC-0I87) was issued via Certified Mail on June 8,
2016. The letter was signed for by Calvin Hooker on June l 1, 2016. As of April 2019,
no response has been received as required in the Notice of Violation.
3. During a compliance evaluation inspection conducted on March 28, 2019, evidence of dark
colored water and waste solids were observed weeping from the side of the hill in the rear
of the property.
D ��I Nurth Carolina Department of Envtrorarrental Qual'ty ; Division of Water Resource,
Raleigh Regional Office ; 3800 Barrel Drive I Raleigh, North Carolina 27609
�IIM11W ¢Yry� /— OIQ eni .ten..
NOV-2019-PC-027 I
April 22, 2019
Page 2 of 4
4. Follow up phone conversations and emails in April. 2019 kith 1Ir. Cal,, in I looker have
indicated that they- continue to utilize pump and hatfl to remove domestic «aste«ater.
5. No pump and haul permit(s) «ere ever issued for this residence by this office.
As a result of the above findings, the following violations are noted:
Item 1: 15A NCAC 02T .020-I: Permitting
Title 15A North Carolina Administrative Code 2T.0204 (a) states -Punip and haul permits are
not acceptable long-term domestic Wastewater treatment altei•natires. Perntits fo• domestic
wastewater shall only be issued in cases of environmental emergencies, nuisance conditiot (e_ �.
odors, vectors), health problems. oi• for unavoidable delays in construction of systems prev ot1,511.
permitted under this Section. The permits shall be issued for a period of no snore than si_t niottlr,s
unless the Director determines that conditions are such that the final waste ntanegentent options
cannot be implemented within si.r months. "
Item 2: "O erations & Maintenance": NCG550000 Part I, Section D 2
"Treatment systems shall be maintained at all times to pl•event seepage of seirage to the surface
or ground water"
Item 3: "Proper operation and Maintenance": NCG550000: Part If Section C 2
"The Permittee shall at all times properiv operate and maintain all facilities and systems of
treatment and cointi•ol (and related appurtenances) which are installed or used by the Permittee
to achieve compliance with this conditions of this permit. P'Wel• Operation and maintenance
also includes adequate laboratory controls and appropriate quality assurance Procedures. This
Provision requires the Pernnittee to install and operate backup or a'w1licny facility oizly when
necessary to achieve compliance with the conditions of the permit [40 CFR 1 2.41(e)]. "
Requested Response:
1. Your response should include a copy- of the original approved engineering plans that
correspond to the original Authorization to Construct(AtC), and a time line for the
installation of the wastewater treatment system. If you are deviating from the
approved engineering plans, a new AtC must be obtained. You are requested to
respond to the Division in writing }within 30 days of receipt of this letter.
2. Remedial actions that have been taken, or will be taken, to address the wastewater
observed on the land surface.
NOV-2019-PC-0271
April 22, 2019
Page 3 of 4
Please address this res onse to:
Erin Deck
Division of Water Resources
3800 Barrett Drive
Raleigh, NC 27699
9919) 791-4200
Remedial actions should have already been taken to correct these problems and prevent further
occurrences in the future. The Division of Water Resources may pursue enforcement action for this
and any additional violations of State law.
To prevent further action, please respond in writing to this office within 30 days upon your receipt
of this Notice of Violation regarding your plans or measures to be taken to address the indicated
violations and other identified issues, if applicable. Please include in your response all corrective actions
already taken and a schedule for completion of any corrective actions not addressed.
Please note that crssessnnentt o civil enalties may have already been reco .....e]uled or violations described
}vithin this Notice o Violation. Failure to comply with the State's rules, in the manner and ttnie specified,
may result in the assessment of additional civil penalties and or the use of other enforcement mechanisms
available to the State.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the
Director of the Division of Water Resources who may issue a civil penalty assessment of not more that
twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with
the terms, conditions, or requirements of a permit under authority of G.S. 143-2I5.6A.
Should you have any questions regarding these matters, please contact Erin Deck at (919) 791-
4200 or via email: Erin.Deck@ncdenr.gov
Sincere!},
Rick BoIich. LG
Water Quality Regional Operations
Raleigh Regional Office
Attachments: NOV-2016-PC-0187
Inspection Check List
cc: DWR RRO file Copy
NPDES Permitting Unit Files — Charles Wea%er
Lee County Health Department
Hooker Residence
1650 Cotton Road
NCG551227
1 Dark colored water and waste solids observed.
United States Environmental ProleCion Agency
EPA Farm Apprgved.
'Nashingtan p C 20dEt]
0 1El No 2040-0057
Water Compliance Inspection Report Approval expires0-31.96
Section A. National Data System Coding (Le., PCS)
Transaction Code
NPDES
yr'molday
Inspecticn Type Inspector =ac Type
I I� I 2 J I
1---I u
3 NCG551227 11 12
t�ra3r..a
17 1$ [r- � 19 t£ I 201LJ I
u
21
L�
I
6
I
Inspection Wtrk days
Facility Self -Monitoring Evaluation Rating
at
QA Reserved
67
70 u
71
L_jN
72 ! 731 t 174 75 1 1 1 1 1 1 I$0
Section B Facility Data
Name and Location of Facility Inspected (For Industrial 4sers discharging to POTN also include
POTW name and NPDES permit Number)
1650 Cotten Road
1650 Cotten Rd
Sanford NC 27330
Name(s) of Onsite Represenladve(s)lTiUes(syPhone and Fax Number(s)
Name Address of Re�spcns'ble OfficiaLTitle/Phone and Fax Number
Entry TimelDate I Permit Effective Date
19l
12COPM 03:28 13,08,01
Exit Time. Date I Permit Expiration Date
M 1215P19)03r23 18,07.31
Other Facil,ty Data
Juanda Hooker,1650 Cotten Rd Sanford NC 27330//f Contacted I
Yes
Section C- Areas Evaluated During Inspection (Check only those areas evaluated)
Permit 0 Operations & hlainlenance 0 EffluentiRecelvtng Waters
Section D; Summary of FindinglComments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/OHicelPhene and Fax Numbers
Erin 141 Deck (n ,L �- ^ �� ( RR0'NO11919-79 t-420C
Zachary Thomas YYYJ// RRO W011919-791-t247
Signature of Management QXReviewel Agency !OfficelPhone and Fax Numbers
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Date
Hate
I
Paget
NPOE5 y['malda'y Irspea on T/ce
31 NCG551227 �� � 121 14103,28 117 13 ICI
Section D Summary of FindinglComments (Attach additional sheets of narrative and checklists as necessary:
the system still has not been built. Per conversations with Mr. Calvin Hooker he said they are still
pumping and hauling waste ever 2 months or so until they can afford the new system. Gray water and
waste solids were seen weeping out of the side of the hill down slope from the septic tank.
Talc#
Permit; NCG551227 Owner -Facility. Cotten Road
Inspection Date: 03/2812019 Inspection Type: '==i^pliance Evaluat Do
Permit
Yes No NA NE
(if the present permit expires in 6 months or less? Has 1'%e permtttee st+bmitted a new
El
❑
Elapplication?
Is the facility as described in the permit?
❑
■
❑
❑
# Are there any special conditions for the perm t?
❑
❑
.
❑
Is access to the plant site restricted to the general publ'c*
❑
.
❑
❑
Is the inspector granted access to all areas for inspector?
■
❑
❑
❑
Comment the 5 stem still has not been built. Per conversations with Mr Calvin Hooker. he sa-d the
are still Dumping and hauling waste ever 2 months or so until thee
can afford the new
s stem. Gray water and waste solicls were seen weeDirin out of the side of the hiii down
slope from the septic tank.
Se #ic Tank
(If pumps are used) Is an audible and visual ala-m operalional-,
Is septic tank pumped on a schedule?
Are pumps or syphons operating properly?
Are high and low water alarms operating properly?
Comment. Mr. Calvin Hooker su lied the last 2 recei is from the se tic tank um in
Operations & Maintenance
Is the plant generally clean with acceptable housekeeping?
Does the facility analyze process control parameters for ex NILSS MCRT. Settleable
Solids pH, DO Sludge Judge, and other that are applicable?
Comment
Yes No NA NE
Yes No NA NE
❑ ❑ M ❑
❑ ❑ N ❑
Pageant 3
e PAT :.,ICCIt0RN'
`__..__ pONALD R. VAN DER VAART
Water Resources S _ JAY /. I NI NI E R NI A v
£NYIRGUMENTAL QUALITY
June 8, 2016
CERTIFIED FLAIL 7014 3490 0001 8821 0255
RETURNED RECEIPT REQUESTED
Calvin and Juanita Hooker
1650 Cotton Road
Sanford, NC 27330
Subject: Notice of Violation
NOV-2016-PC-0187
1650 Cotton Road
Single Family Wastewater Treatment System
Permit No. NCG551227
Lee County
Dear Calvin and Juanita Hooker,
On April 13, 2016, Erin Deck from the Raleigh Regional Office visited your single-family
residence (SFR) wastewater treatment and discharge system to evaluate compliance with the
above permit. An inspection letter was sent to the Hooker residence requesting additional
information. From follow up phone conversation, it was brought to staffs attention that the
sandfilter treatment system, for which the NCG551227 permit was issued, had not been built and
that pump and haul was being utilized as the waste management system.
The observations from the site inspection and subsequent file review are as follows:
1. There was no evidence found during the April 13, 2016 site inspection that the waste
treatment system had been built.
2. In 2003 DWQ issued a Certificate of Coverage (CoC) under the state NPDES general
permit to Juanita A. Hooker. Under the CoC, an authorization to the construct (AtC) was
issued along with the CoC. The AtC was for a 480 GPD wastewater treatment system
consisting of. 1000 gallon septic tank, 750 gallon recirculation basin/pump tank, 100
square foot (10'x10') recirculating sandfilter with a loading rate of not more than
5.OGPD/square foot controlled by a 4:1 splitter box Model 173-1000, chlorinator,
chlorine contact chambers, cascade and/or rip rap aeration with a discharge to an
unnamed tributary to Deep River classified C waters in the Cape Fear River Basin. (A
copy of the Authorization to construct has been attached to this letter)
3. FolIow up conversations in May, 2016 with Mr. Calvin Hooker have indicated that they
have been using Pump and Haul since 1997:1998.
State of North Carolina Environmental Quality I Water Resources
1628 Slail Service Censer Raleigh, North Carolina 27609.1628
4. No pump and haul permit(s) were ever issued for this residence by this office.
As a result of the above findings, the following violations are noted:
Item 1: 15A NC AC 02T .0204: Perini ttin
Title 15A North Carolina Administrative Code 2T.0204 (a) states "Pump and haicl permits are
not acceptable long-term domestic wastewater treatment alternatives. Permits for domestic
wastewater shall only be issued in cases of environmental emergencies, nuisance conditions (e.g.
odors, vectors), health problems, orfor unavoidable delays in construction ofsystems previously
permitted under this Section. The permits shall be issued for a period of no more than sir months
unless the Director determines that conditions are such that the final waste management options
cannot be implemented within sir months. "
Item 2: "Proper Operation and Maintenance": NCG550000: Part II, Section C ?
"The Permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appeirtenances) ithich are installed or used by the Permittee
to achieve compliance with this conditions of this permit. Proper operation and maintenance
also includes adequate laboratory controls and appropriate quality assurance procedures. This
provision requires the Permittee to install and operate back -zip or auxiliary facility only when
necessary to achieve compliance itiith the conditions of the permit [40 CFR 122.41(e)].
Requested Response:
Your response should include a copy of the original approved engineering plans that correspond to
the original Authorization to Construct(AtC), and a time line for the installation of the wastewater
treatment system. If you are deviating from the approved engineering plans, a new AtC must be
obtained. You are requested to respond to in writing -Mthin 30 days of receipt of this letter.
Please note, unpermitted waste water discharges or improper disposal of domestic
wastewater is subject to civil penalty assessments of up to hventy-five thousand dollars
($25,000,00) per violation. You are encouraged to properly secure necessary permits and
manage your treatment system properly. If you have any questions or need assistance, please do
not hesitate to contact the Division of Water Resources Water Quality Regional Operations
Section Raleigh regional office at (919) 791-4200.
Sincerely,
S. Daniel Smith, Supervisor
Water Quality Regional Supervisor
Raleigh Regional Office
Attachments
cc: RROIS`VP Files
Lee County Environmental Health- 115 Chatham Street, Sanford, NC 27330
Unded States Environmental Protection Agenc,r
EPA Farm Approved.
Washington. D C 20460 OMB No. 2040-0057
Water Compliance Inspection Report Approval expires 8-31-90
Section A. National Data System Codtrg (i e . PCSr
Transaction Ccde
NPDES
r'mciday
I-spection Type
Inspector Fac Type
1 (^, ( 2 1 1
3 NC:.551227 I11 12 L
19:r,x 2e
17 18 I C I
LI
19 I G I 201 I
U LJ
21
IllIL I6
Inspection Work caym
Fa_ My Self -Mon to -9 Evaluation Rating
1
OR
Reserved
67
70 I i
71 L_j
2 I � I 73 I I ! 74
75
1
1 1 1 1 I 180
Section 8 Facility Data
Name and Location of Facility Inspected (For Industnal Users d schargtng to POTW also include
POTW name and NPDES permit Number)
1650 Cotten Road
1650 Cotten Rd
Sanford NC 27330
Name(s) of Onsite Representative(s)lTides(s)lPhone and Fax Numbern,si
.'I. -
Name Address of Responsible Official/Title/Phone and Fax Number
Entry Time/Date I Permit Effective Date
12OOPM 19/03/28 13i,8.01
Exn Time/Date I Permit Expwation Date
12 15PM 19103;26 18:07 "1
Other Facility Data
Juanita Hooker,1650 Cotten Rd Sanford NC 27330; ' Contacted
Yes
Section C- Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Operations & Maintenance 0 Effluent/Receiv. ng Waters
Section D. Summary of FindinglComments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signaturree(%) of Inspector(s)
Enn M Deck (n ,yL �_ - fJ &( --
Zachary Thomas CCV// NC i
Signature of Management
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete
Agency.OfficerPhone and Fax Numbers
RRO WOr'919.791-4200:
RRO WOfl919-7914247r
Agency,Otfice;Phone and Fax N-_mbers
Date
Dale
Page# 1
NPOES yr'mc:day k.spedicn Type
31 I4CG551227 Ill 121 19/03-28 I17 181 I
Section D Summary of FindinglComments (Attach additional sheets of narrative and checklists as necessary)
the system still has not been built. Per conversations with Mr. Calvin Hooker he said they are still
pumping and hauling waste ever 2 months or so until they can afford the new system. Gray water and
waste solids were seen weeping out of the side of the hill down slope from the septic tank.
Pagell 2
Permit NCG551227 Owner -Facility: 165o Cotten Road
Inspection Date: 0312w2019 Inspection Type: Compl ante Evaluation
Permit
Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new
❑
❑
0
❑
application?
Is the facility as described in the permit?
❑
■
❑
❑
# Are there any special conditions for the permit?
❑
❑
■
❑
Is access to the plant site restricted to the general public?
❑
❑
❑
Is the inspector granted access to all areas for inspection?
■
❑
❑
❑
Comment: the system still has not been built. Per conversations with Mr. Calvin Hooker, he said the
are still puml2inq and hauling waste ever 2 months or so until they
can afford the new
system. Gray water and waste solids were seen weeging out of the side of the hill down
slope from the septic tank.
Septic Tank
(If pumps are used) Is an audible and visual alarm operational?
Is septic tank pumped on a schedule?
Are pumps or syphons operating properly?
Are high and low water alarms operating properly?
Comment: Mr. Calvin Hooker supplied the last 2 receipts from the septic tank ioumping.
Operations & Maintenance
Is the plant generally clean with acceptable housekeeping?
Does the facility analyze process control parameters, for ex MLSS, MCRT, Settleable
Solids, pH DO, Sludge Judge, and other that are applicable?
Comment -
Yes No NA NE
Yes No NA NE
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ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
To: Maureen Hollins
From. Barbara Menefee -Dunn
Date: .tune 3, 2019
NORTH CAROLINA
Environmental Quality
Subject: Check Request
County Sheriff Service Fee -Lee County
It has become necessary to utilize the Lee County Sheriffs office to deliver a Notice of
Violation -Notice of Intent to Enforce to Calvin Hooker & Juanita Hooker.
A copy of the document to be delivered by the sheriffs office is attached. The Lee
County Sheriffs Department requires a service fee of thirty ($30.00) dollars for each
person to be served.
Please prepare a check for thirty ($30.00) dollars payable to the Lee County Sheriff's
Department. Please send the check to me at the address listed below and I will forward
it with the Notice of Violation.
DWR-WQROS
Raleigh Regional Office
Attn: Barbara Menefee -Dunn
1628 Mail Service Center
Raleigh NC 27699-1628
My physical address is: 3800 Barrett Drive
Raleigh NC 27609
If you have any questions, please call me at 919-791-4246. 1 work Monday,
Wednesday & Friday.
Thank you.
EQ�
North Carolina Department of Environmental Quality i Division of Water Resources I Raleigh Regional Office
3800 Barrett Drive 11628 Mail Service Center I Raleigh, North Carolina 21699-1628
90.791 a?nn