NCS00810_NOV_20190722

July 22, 2019

CERTIFIED MAIL 7018 2290 0001 8296 1000
RETURN RECEIPT REQUESTED

Roy Heath Septic Tank Service
Mr. Roy P. Heath Jr.
4025 Richland Hwy
Jacksonville, NC 28540

SUBJECT: Notice of Violation
Compliance Inspection Report
Roy Heath Septic Tank Service
NCS-00810
Onslow County

Dear Mr. Roy Heath:

On July 1, 2019, Mr. John Farnell, representing the State of North Carolina, Division of Waste
Management Solid Waste Section, received a complaint for the Roy Heath Septic Tank Service
regarding compliance with North Carolina solid waste statutes and rules. The following
violation(s) were noted:

A. 15A NCAC 13B .0835(d) that states “Septage to be discharged at a wastewater
treatment plant or any part of the collection system for that plant shall be handled in
accordance with the plant rules and policies.”
On June 30, 2019, the Onslow County Sheriff Office responded to a complaint regarding illegal dumping into a manhole located at 341 K B Hurst Ct, Jacksonville, NC 28540. The Executive Director/CEO for ONWASA videoed the Roy Heath Septic Tank Service pump truck discharging into a manhole. A Detective from the Onslow County Sheriff’s Office emailed on July 1, 2019 the Wilmington Regional Office that Kristopher Heath admitted to the discharge.
Roy Heath Septic Tank Service Notice of Violation Page 2 of 4 July 22, 2019

B. 15A NCAC 13B .0834(c)(14) that states “To apply for a permit, a person proposing to
operate a septage management firm shall submit the following information to the Division by
January 1 of each year: (14) written authorization on official letterhead or a notarized
wastewater treatment plant authorization form shall be submitted from an individual
responsible for the operation of each wastewater treatment plant used for disposal
indicating…”
On April 12, 2019, the City of Jacksonville, NC took pictures of a Roy Heath Septic Tank Service pump truck discharging into a manhole. The Public Services Director forwarded copies to the Wilmington Regional Office of the incident on July 2, 2019. A Detective from the Onslow County Sheriff’s Office emailed on July 1, 2019 the Wilmington Regional Office that Kristopher Heath admitted to the discharge.
C. 15A NCAC 13B .0836(a) that states “Each permit holder shall maintain a log that
includes the following information for each septage pumping event: (1) the date, type,
quantity, and location of septage pumped; the location for tanks shall be a street address and
the location for portable toilets shall be a route; and (2) location of the discharge of the
septage.”

On July 5, 2019, the Wilmington Regional Office received requested copies of Septage Pump
Logs from Roy Heath Septic Tank Service. The discharge on June 6, 2019 was not recorded and
the discharge on April 12, 2019 was not recorded correctly in the Septage Pump Logs.

D. 15A NCAC 13B .0842(e) that states “Permit holders of septage land application sites
shall develop and maintain records and reports to demonstrate compliance with this
Section and the permit requirements of each site.” On July 5, 2019, the Wilmington Regional Office received requested copies of Septage Land Application Logs from Roy Heath Septic Tank Service. Records for a January 29, 2019 discharge to Field 3 as listed on the truck logs from pump jobs conducted on January 22, 2019 and January 29, 2019 were missing from the log. Records for a February 10, 2019 discharge to Field 3 as listed on the truck logs for two (2) pump jobs conducted on February 10, 2019 were missing from the log.
Based upon the foregoing, Roy Heath Septic Tank Service shall come into compliance within 30
days of receipt with all requirements of the regulations in NCAC 13B .0835(d), 15A NCAC
13B .0834(c)(14), 15A NCAC 13B .0836(a) and 15A NCAC 13B .0842(e) by completing the
following:

Roy Heath Septic Tank Service Notice of Violation Page 3 of 4 July 22, 2019

1. Roy Heath Septic Tank Service shall only discharge waste at approved disposal
locations per the current Septage Management Firm permit NCS-00810.
2. Correct Septage Pump Logs to accurately show discharge locations.
3. Correct Septage Land Application Logs to show pump jobs from the truck logs.

Roy Heath Septic Tank Service shall provide a written certification with supporting
documentation on company letterhead confirming the noted compliance schedule has been
completed. Include in this certification any actions taken to prevent these violations from
occurring in the future. Mail this certification to Mr. John Farnell at 127 Cardinal Drive Extension,
Wilmington, NC 28405 by the noted compliance time frame.

The violation(s) listed above were observed by Section staff and require action on behalf of the
facility in order to come into or maintain compliance with the Statutes, Rules, and/or other
regulatory requirements applicable to this facility. Be advised that pursuant to N.C.G.S. 130A-22,
an administrative penalty of up to $15,000 per day may be assessed for each violation of the Solid
Waste Laws, Regulations, Conditions of a Permit, or Order under Article 9 of Chapter 130A of the
N.C. General Statutes. Further, the facility and/or all responsible parties may also be subject to
enforcement actions including penalties, injunction from operation of a solid waste management
facility or a solid waste collection service and any such further relief as may be necessary to
achieve compliance with the North Carolina Solid Waste Management Act and Rules.

Please keep me informed of your progress in this matter. Solid Waste Section staff will conduct
a follow-up inspection(s) to verify that the facility has completed the requirements of this Notice
of Violation.

If you have any questions, please contact me at 910-796-7397 or e-mail at
[e-mail].

Sincerely,

John Farnell, Environmental Specialist II
Division of Waste Management - Solid Waste Section
Roy Heath Septic Tank Service Notice of Violation Page 4 of 4 July 22, 2019

copies: Adam Ulishney, Environmental Compliance Branch Head
Chester Cobb, Environmental Program Consultant, Raleigh Central Office
Jessica Montie, Environmental Program Consultant
Carolyn McLain, DWM Attorney