NCG551497_NOV and Intent to Assess_20200309

ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
March 9, 2020
CERTIFIED MAIL 7016 3560 0000 4428 5362
RETURNED RECEIPT REQUESTED
Mr. Charles M. Ayoub
2924 Cheek Road
Durham, NC 27704
CERTIFIED MAIL 7016 3560 0000 4428 5379
RETURNED RECEIPT REQUESTED
Mr. Charles M. Ayoub
6 Gandhi Drive
Durham, NC 27704
4:. 'r
Subject: NOTICE OF VIOLATION/INTENT TO ASSESS CIVIL PENALTY
NOV-2019-PC-0142
Permit No. NCG551497
2924 Cheek Road SFR
Durham County
Dear Mr. Ayoub:
On February 12, 2020, Jane Bernard with the Raleigh Regional Office (RRO), of the Division of Water
Resources (DWR), conducted a site inspection at 2924 Cheek Road. This inspection was in response to a
complaint received from Durham County, Public Health. This is a rental property, all three of the tenants
were present at the time of this inspection.
According to the Durham County Tax Parcel Report Mr. Charles M. Ayoub is the owner of record for the
above subject property. The treatment system for the subject property was originally permitted in 1971 by
the Durham County Health Department. The Certificate of Coverage # NCG551497 and the General Permit
# NCG550000 was issued in March 2011. The subject system consists of the following; septic tank, single
pass sand filter (5'X50'), chlorinator, chlorine contact chamber and dechlorintor.
During this site inspection a tenant told Jane Bernard that the water was turned off and that a current tenant
was completing the repairs as time allowed. During the conversation, standing next to the house, DWR
Staff could hear water spraying/running under the house. The sounded like it was under pressure and
spraying onto the ground and not contained in a pipe. When DWR staff asked, the tenant again stated the
water was turned off. But with a little encouragement to listen, he agreed that the water was indeed
discharging under the house and stated it was from a sink that needed to be repaired. He went inside and
turned it off.
The treatment system in the back of the house appeared to be under repair. A trench approximately 3 ft
deep had been hand dug, the tenant stated he had removed the original terracotta pipe. There was only a
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive Raleigh, North Carolina 27609
°""r�� 919.791.4200

PVC pipe in the trench for approximately 30-40 feet. The PVC pipe was left open in the trench and not
connected to the Chlorinator, which was still approximately 20-30 feet away from the end of the pipe.
DWR staff asked if they had pumped the septic tank prior to starting the repair, the tenant answered no,
therefore -any sewage entering the system would find its way to the open trench. After looking at the hand
drawings, supplied by Durham County Public Health (attached), the trench that was dug appeared to be in
the same area as the sand filter that was permitted by Durham County in April of 1471.
The following conditions were observed during the February 12, 2020 inspection:
Violation 1:
Permit Condition Part II., Section C. Operation and Maintenance of Pollution Controls, 2.
Proper Operation and Maintenance: The Permittee shall at all times properly operate and
maintain all facilities and systems of treatment and control (and all related appurtenances) which
are installed or used by the Permittee to achieve compliance with the conditions of this permit.
Proper operation and maintenance also include adequate laboratory controls and appropriate
quality assurance procedures.
At the time of this inspection a tenant was completing the repairs "as time allowed". The tenant
had also stated to DWR staff that the septic tank had not been pumped. No measures were used to
contain the wastewater, and well water was still available to the tenants (see photo 1 and 2).
Violation 2:
Permit Condition Part II., Section C. Operation and Maintenance of Pollution Controls, 4.
Bypassing of Treatment Facilities, c. Prohibition of Bypass: (1) Bypass from the treatment
facility is prohibited and the Permit Issuing Authority may take enforcement action against a
Permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property
damage.
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment
facilities, retention of untreated wastes or maintenance during normal periods of
equipment downtime...
(C) The Permittee submitted notices as required under Paragraph b. of this section.
At the time of this inspection a tenant was completing the repairs "as time allowed". The septic
tank had not been pumped. DRW Staff also confirmed with Mr. Ayoub during a cell -phone
conversation, while on site. He stated that they had not pumped the septic tank. No measures were
used to contain the wastewater prior to implementing the repair. The septic tank was piped to a
hand dug trench (See attached photo 3) bypassing the sandfilter, chlorinator, contact chamber, and
dechlorinator.
Violation 3:
Permit Condition Part L, Monitoring Controls, and Limitations for Permitted Discharges,
Section A. Effluent Limitations and Monitoring Requirements, Effluent Sampling: "During
the period beginning on the effective date of this permit and lasting until expiration, the Permittee
is authorized to discharge domestic wastewater from outfall 001. Such discharges shall be limited
and monitored by the Permittee as specified below:"
Please submit any/all sampling results available to this office within 30 days upon your receipt of
this Notice of Violation.
Violation 4:
Permit Condition Part U., Standard Conditions for NPDES Permits, Section B. General
Conditions, 1. Duty to Comply., the Permittee must comply with ail conditions of this permit.
Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and is grounds
for enforcement action; for permit termination, revocation and reissuance, or modification; or
denial of a permit renewal.

As a result of a compliance inspection on May 15, 2018, NOV-2018-PC-0160 was issued June 5,
2018 and received June 7, 2018. According to our records and a review of our data base, a response
was never received. The Division asked then that you "secure a contractor;'engineer to inspect your
existing system and determine if repairs arc needed and /or components need replacing..." After a
lengthy conversation with the tenant that was "repairing" the system, it is the Divisions
understanding this was not completed prior to digging the trench in the back of the house. As a
result, the exact sand filter location is still unknown.
All the above conditions and other general conditions of the permit can be found at the following website:
htto:llportal.ncdenr.org_hweblwg'swplpslnpdes.fgeneralpermits
(click on NCG550000 to access the general permit.)
Requested Response:
As a result of the ongoing actions/repairs, you will need to secure an En hteer to determine the condition
of the e-ristin components and determine proper operation and location of the sand fliter, Be sure to
submit the results to the Raleigh Regional Office _within 30 days upon your receipt of this Notice of
Violation.
If the system is not functioning as designed, then you will need to secure a Pump and Haul Permit
(application attached). Be sure to submit the application to the Raleigh Regional Office as well as the
$810.00 application fee within 30 days upon your receipt of this Notice of Violation.
You must correct the above -noted violations as soon as possible and submit a written response to this
office detailing the corrective measures you have taken to bring the system into compliance. Submit all
invoices and the Engineers Statement as well as a timeline for any work still needed to be completed.
If any part of the system needs to be repaired or replaced, the Permittee should inform this office. We
strongly urge you to employ an North Carolina licensed engineer (attached) to assist you with bringing this
system back into compliance with the permit conditions. The components that are required when replacing
a system are included in Section A of Part I of the general permit (attached). Before construction begins,
an Authorization to Construct (ATC) must be secured from the DWR. To apply for an ATC, you are
required to submit the following:
a. A letter of request for an ATC to Charles Weaver, NPDES Permitting Unit, Division of
Water Quality, 1617 Mail Service Center, Raleigh, NC 27699-1617.
b. PIans and specifications of the proposed sandfllter system in triplicate. PIans and
specifications must be drawn and submitted by a licensed North Carolina professional
engineer.
Corrective Actions:
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 assessment o civil enalties may have alreadv been recommended or violations described
within this Notice of Violation. Failure to comply with the State's rules, in the manner and lime specified,
may result in the assessment of additional civil penalties and br the use of other enforcement nnechanisms
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. 143-215.6A.
Should you have any questions regarding these matters, please contact me or Jane Bernard at (919) 791-
4200.
Sinc@ire ly,
cott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office— Division of Water Resources
Attachments:
Pump and Haul application
Engineers List
Original County Durham County Permit
Part I Monitoring Controls, and Limitations
CC: Mathew Yearout, Durham County

United States Environmental Protection Agency
Form Approved,
EPA Washington, D C, 20460
OMB No. 2040-0057
Water Compliance Inspection Report
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yrlmolday Inspection Type
Inspector Fac Type
1 uLJ 2 (LsJ 3 1 NCG551497 Ill 12 20/02/12 17 18 J
19 LcJ 20 Li
21
S
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 CIA
Reserved
67 70 L_J 71 u 72 L� J ( 73 �74
L
75Ill 80
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry TimelDate
Permit Effective Date
POTW name and NPDES aermit Number)
10 40AM 20/02/12 13/08/01
2924 Cheek Road
2924 Cheek Rd Exit TimelDate
Permit Expiration Date
Durham NC 27704 11 15AM 20102l12
18/07/31
Name(s) of Onsile Representative(s)lTitles(s)/Phone and Fax Number(a) Other Facility Data
1#
Name, Address of Responsible OfScial/Titlelphone and Fax Number
Charles M Ayoub,2924 Cheek Rd Durham NC 27704//91 M24-79611 Contacted
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Operations 8 Maintenance E Records/Reports Effluent/Receiving Waters
Other
Section D: Summary of FindinglCommenls (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signatures) of Inspector(s) Agenty:OffcelPhone and Fax Numbers
Date
Jane Bernard DWR1Non Discharge Compliance Unitl919-791.4200.
qfv'�-� 0
:3 )
Signature of Manageme O A Reviewer Agency/Offce;Phone and Fax Numbers
Date
_r-
zjz4-7
3//
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page#

NPDES yrlmwday Inspection Type
31 NCG551497 1" 12 20r02n2 17 18 I _I I (Cont.) 1
Section D. Summary of FindinglComments (Attach additional sheets of narrative and checklists as necessary)
The treatment system in the back of the house appeared to be under repair. A trench approximately 3
ft deep had been hand dug, the tenant stated he had removed the original terracotta pipe. There was
only a PVC pipe in the trench for approximately 30-40 feet. The PVC pipe was left open in the trench
and not connected to the Chlorinator, which was still approximately 20-30 feet away from the end of the
pipe. DWR staff asked if they had pumped the septic tank prior to starting the repair, the tenant
answered no, therefore any sewage entering the system would find its way to the open trench. After
looking at the hand
drawings, supplied by Durham County Public Health (attached), the trench that was dug appeared to
be in the same area as the sand filter that was permitted by Durham County in April of 1971 _
The following conditions were observed during the February 12, 2020 inspection:
Violation 1:
Permit Condition Part II., Section C. Operation and Maintenance of Pollution Controls, 2. Proper
Operation and Maintenance: The Permittee shall at all times properly operate and maintain all facilities
and systems of treatment and control (and all related appurtenances) which are installed or used by
the Permittee to achieve compliance with the conditions of this permit. Proper operation and
maintenance also include adequate laboratory controls and appropriate quality assurance procedures.
At the time of this inspection a tenant was completing the repairs "as time allowed". The tenant had
also stated to DWR staff that the septic tank had not been pumped. No measures were used to
contain the wastewater, and well water was still available to the tenants (see photo 1 and 2).
Violation 2:
Permit Condition Part It., Section C. Operation and Maintenance of Pollution Controls, 4. Bypassing of
Treatment Facilities, c. Prohibition of Bypass: (1) Bypass from the treatment facility is prohibited and
the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage.
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime...
(C) The Permittee submitted notices as required under Paragraph b. of this section.
At the time of this inspection a tenant was completing the repairs "as time allowed". The septic tank
had not been pumped. DRW Staff also confirmed with Mr. Ayoub during a cell -phone conversation,
while on site. He stated that they had not pumped the septic tank. No measures were used to contain
the wastewater prior to implementing the repair. The septic tank was piped to a hand dug trench (See
attached photo 3) bypassing the sandfiiter, chlorinator, contact chamber, and dechlorinator.
Violation 3:
Permit Condition Part I., Monitoring Controls, and Limitations for Permitted Discharges, Section A.
Effluent Limitations and Monitoring Requirements, Effluent Sampling: "During the period beginning on
the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge
domestic wastewater from outfall 001. Such discharges shall be limited and monitored by the
Permittee as specified below:"
Please submit any/all sampling results available to this office within 30 days upon your receipt of this
Notice of Violation.
Page#

Permit: NCG551497
Owner - Facility: 2924 Cheak Road
Inspection Data. 02112/2020 Inspection Type: Complaint
Violation 4:
Permit Condition Part It., Standard Conditions for NPDES Permits, Section B. General Conditions, 1.
Duty to Comply., the Permittee must comply with all conditions of this permit. Any permit
noncompliance constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement
action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal.
As a result of a compliance inspection on May 15, 2018, NOV-2018-PC-0160 was issued June 5, 2018
and received June 7, 2018. According to our records and a review of our data base, a response was
never received. The Division asked then that you "secure a contractor/engineer to inspect your existing
system and determine if repairs are needed and /or components need replacing..." After a lengthy
conversation with the tenant that was "repairing" the system, it is the Divisions understanding this was
not completed prior to digging the trench in the back of the house. As a result, the exact sand filter
location is still unknown.
Page#

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