SDTF7904_NOV_20160420

State of North Carolina | Environmental Quality | Waste Management
1646 Mail Service Center | 217 West Jones Street | Raleigh, 27699-1646
919 707 8200

PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary

MICHAEL SCOTT
Acting Director

April 20, 2016

CERTIFIED MAIL
RETURN RECEIPT REQUESTED

Patrick & Eric Gann
Gann Brothers Septic Tank Service, Inc.
191 Percy Lane
Mayodan, North Carolina 27027

SUBJECT: Notice of Violation
Compliance Inspection Report
Gann Brothers Septic Tank Service, Inc.
SDTF-79-04
Rockingham

Dear Patrick & Eric Gann:

On April 14, 2016, Troy Harrison, Environmental Senior Specialist, representing the State of North
Carolina, Division of Waste Management Solid Waste Section (Section), inspected the above
referenced facility for compliance with North Carolina solid waste statutes and rules. The
following violations were noted:

A. 15A NCAC 13B .0841 (e) states in part: “Each detention and treatment facility shall be
designed, constructed, and maintained in such a manner as to:

(1) Prevent leaks or the flow of septage out of the facility into the seasonally high
water table, onto the ground surface, or into any surface waters;”

Gann Brothers Septic Tank Service, Inc. was in violation of 15A NCAC 13B .0841 (e)
because a 15,000 gallon tank was observed with an odorous liquid that appeared to be
septage ponded at the bottom of the tank.

B. 15A NCAC 13B .0832(a)(6) states: “All conditions for permits issued in accordance with
this Section shall be followed;”

Gann Brothers Septic Tank Service, Inc. violated 15A NCAC 13B .0832(a)(6) in that it failed
to abide with the following permit condition:

Conditions of Operating Permit Number 2, which states:
Gann Brothers Septic Tank Service, Inc.
Page 2 of 3
April 20, 2016

State of North Carolina | Environmental Quality | Waste Management
1646 Mail Service Center | 217 West Jones Street | Raleigh, 27699-1646
919 707 8200

“Leaks and spills are the responsibility of the permittee and shall be immediately cleaned
and treated to prevent any contamination of the surrounding area.

Based upon the foregoing, Gann Brothers Septic Tank Service, Inc. shall immediately come into
compliance with all requirements of the regulations in 15A NCAC 13B (c); 15A NCAC 13B .0841
(e) and 15A NCAC 13B .0832 (a)(6) by completing the following:

1. Immediately cease use and remove all waste from the 15,000 gallon tank that was
observed to be leaking on April 14, 2016;

2. Item Number 6 (Item 6) in the “Application for a Permit to Operate a Septage Detention
or Treatment Facility” received on September 29, 2014 by the North Carolina Solid Waste
Section from Gann Brothers Septic Tank Service, Inc. must be immediately followed. Item
6 states: “Any small spills will be covered with lime or removed with backhoe. Large spills
will be pumped up and any septage waste on the ground will be cleaned up and the debris
properly disposed of. Hydrated lime will be spread on the spill area and any cracks or
holes will be repaired.” The tank must be repaired and inspected by a North Carolina
Solid Waste Inspector before placing back in use.

3. Gann Brothers Septic Tank Service, Inc. shall provide a written certification with
supporting documentation on company letterhead confirming that Items 1 and 2 have
been completed. Include in this certification any actions taken to prevent these violations
from occurring in the future. By April 29, 2016, mail this certification to:

Troy Harrison, Environmental Senior Specialist
North Carolina Division of Waste Management/Asheville Regional Office
2090 US Highway 70, Swannanoa 28730

The violations 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 to verify that the facility has completed the requirements of this Notice of
Violation.
Gann Brothers Septic Tank Service, Inc.
Page 3 of 3
April 20, 2016

State of North Carolina | Environmental Quality | Waste Management
1646 Mail Service Center | 217 West Jones Street | Raleigh, 27699-1646
919 707 8200

If you have any questions please contact me at [phone] or e-mail
[e-mail].

Sincerely,

Troy Harrison
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section

copies: Tony Gallagher, Composting & Land Application Branch Head
Connie Wylie, Composting & Land Application Branch
Michelle Sclafani, Composting & Land Application Branch