NCS00283_NOD_20150409

1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone: [phone] \ Internet: http://portal.ncdenr.org/web/wm
An Equal Opportunity \ Affirmative Action Employer – Made in part by recycled paper
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Donald R. van der Vaart
Secretary

April 13, 2015

CERTIFIED MAIL 7013 0600 0001 7442 2308
RETURN RECEIPT REQUESTED

Midlakes
Cumberland Valley Investments, Inc.
ATTEN: Mr. Ray L. Nicarry
1024 Laurich Dr.
Chambersburg, PA. 17202

SUBJECT: Notice of Deficiency
Complaint Inspection Report
Midlakes
NCS-00283
Edgecombe County

Dear Mr. Nicarry:

On March 30, 2015 in response to a complaint, Mr. Chester Cobb, representing the State of
North Carolina, Division of Waste Management Solid Waste Section, inspected the above
referenced facility for compliance with North Carolina solid waste statutes and rules. Mr. Ellis
Rodgers and Mr. Bruce Taylor were present and represented Midlakes during this inspection.
The following violations were noted:

A. 15A NCAC 13B .0832(d)(2) states “Septage, or any part of septage, shall not be
reintroduced into an onsite wastewater system unless approved pursuant to G.S.
130A-343(c).” On March 30, 2015, Mr. Rogers stated to Mr. Cobb that he had pumped
the waste (septage) from a septic tank at the trailer park and later discharged that
waste (septage) into a septic tank at vacant lot #1108 in the trailer park. Mr. Rodgers
further told Mr. Cobb that he did this on two occasions in February. No approval had
been given to Midlakes to allow for the discharge of septage into the onsite
wastewater system (septic tank) at the vacant lot.

CONTINUE ON NEXT PAGE

Midlakes
Notice of Deficiency Letter
Page 2 of 3
April 13, 2015
B. 15A NCAC 13B .0839(a) states “Each permit holder shall maintain a log which includes
at least the following information for each septage pumping event: (1) The date, type,
quantity, and location of septage pumped; (2) Location of the discharge of the
septage.” There were no listed pumping events for the month of February within the
submitted 2015 truck logs.

The above violations may have or can compromise the facility’s ability to ensure protection of
the public health and the environment and thus require remedial action on behalf of the facility
in order to maintain compliance with 15A NCAC 13B .0832(d)(2) and .0839(a). In order to
resolve these issues, Midlakes must take the following actions:

A.Immediately discontinue any discharge of septage or waste into another onsite
wastewater system (septic tank) unless approval has been granted by the appropriate
agency.

B.The septic tank at the vacant lot for which the septage was discharged into must be
pumped out within 14 days of receipt of this letter and discharged at the Tar River
Wastewater Treatment Facility for which you have obtained disposal authorization for
domestic septage. Also, obtain documentation such as the Wastewater Treatment
Facility ticket and before and after pictures of pumping out the septic tank to confirm
the actions taken.

C.All pumping events of any septic tanks must be recorded on the truck logs.

D.Midlakes 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 and documentation to Chester R. Cobb at 1646
Mail Service Center, Raleigh, NC 27699-1646 within 14 days of receipt of this letter.

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.

Midlakes
Notice of Deficiency Letter
Page 3 of 3
April 13, 2015

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 Deficiency.

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

Sincerely,

Chester R. Cobb, Soil Scientist
Division of Waste Management, NCDENR

Enclosure

copies: * Martin A. Gallagher, Branch Head
* Jessica Montie, Compliance Officer
* Ellis Rodgers, Midlakes Park Manager
* Michael Sipe, Edgecombe County Health Department

Digitally signed by Chester Cobb
DN: cn=Chester Cobb, o=Division of
Waste Management, ou=Solid Waste
Section,
email=[e-mail], c=US
Date: 2015.04.13 15:03:59 -04'00'