WQCSD0710_NOV and Intent to Assess_DV-2020-0142_20200312

ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
March 12, 2020
CERTIFIED MAIL 7017 2680 0000 2235 8335
RETURNED RECEIPT REQUESTED
T3T Colonial, LLC
Registered Agent
800 E Canal St
Suite 1900
Richmond, Virginia 23219
CERTIFIED MAIL 7017 2680 0000 2235 8489
RETURNED RECEIPT REQUESTED
Trubild
1150 Hungry Neck BIvd
Ste C-359
Mount Pleasant, South Carolina 29464
CERTIFIED MAIL 7017 2680 0000 2235 8342
RETURNED RECEIPT REQUESTED
Sandra Peace
810 E C Street
Butner, North Carolina 27509
Subject: Notice of Violation — Notice of Intent to Enforce
NOV-2020-DV-0142
Colonial Mobile Home Paris
Permit Number: WQCSD0710
To Whom It May Concern:
On February 26, 2020, Erin Deck of the Raleigh Regional Office of the Division of Water Resources (DWR)
received a call from a citizen concerning wastewater being conveyed through a storm drain into the road side
ditch from the Colonial Mobile Home Park located at 810 E C Street, Butner, NC. The caller stated that the
sanitary sewer lines are owned by the mobile home park, and lot 33 is where the waste was being conveyed
to the storm drain. On February 28, 2020, DWR staff received a phone call from Granville -Vance County
Health department stating that the spill started at least 2 weeks ago and was ongoing at the time of the call.
Per the Health Department staff, they had reached out to the manager and no corrective actions had been
taken.
Since the lines are privately owned, it is the owner's responsibility to operate and maintain this system.
Because the system has a daily flow below 200,000 gallons per day, the system is deemed permitted (Permit
# WQCSD0710) and must meet the requirements of Rule 15A NCAC 02T .0403 (Attachment C).
D_E� North Carolina Department of Environmental Qu&! Ity I Division of Water Resources
Q Raleigh Regional Office ' 3800 Barrett Drive I Ratcigh. North Carolina 27609
�"'"0 919 791.A2o0

Colonial Mobile Home Park, Butner
T3T Colonial, LLC
NOV-2020-DV-008
.As.axesul"f the complaints we received, Erin Deck of DWR's Raleigh Regional office visited the site on
March 3, 2020. From Ms. Deck's observations, it appeared that wastewater was being conveyed from a
broken sewer line into a nearby storm water drop inlet via a newly -dug trench. The storm water inlet
discharges on the side of hill adjacent to C street, and it appeared that he wastewater was then flowing to the
roadside ditch that parallels C Street, through the culvert under 24" street and into a stream on the other side
of the road. Based on observations and conversation with South Granville Water and Sewer Authority
(SGWASA), at some point the roadside ditch on C-Street was dammed to prevent further loss of wastewater
into the stream, and a new trench was dug that directed the wastewater from the hillside stormwater outlet
into a SGWASA manhole beside C-Street that was left partially open. During the visit, the wastewater was
observed to be actively flowing and grit was observed on the hill (see pictures in Attachment A).
The sewer overflow that occurred constitutes a violation of NCGS 143-215.1 (a) (1) and 15A NCAC 02T
.0403 (a) (1). In addition, a file review failed to reveal the receipt of a 24 notification or a 5-day written
report detailing the sewer spill as required by 15A NCAC 02T .0403 (7). These Statutes and North Carolina
Administrative Code violations states the following:
• NCGS 143-215.1 (a) (1) "Activities for Which Permits Required. —No person shall do any of the
following things or carry out any of the following activities unless that person has received a permit
from the Commission and has complied with all conditions set forth in that permit.
(1) Make any outlet into the Waters of the State."
• 15A NCAC 02T .0403 (a) (1) "The sewer system is effectively maintained and operated at all times
to prevent discharges to land or surface waters, and to prevent any contravention of groundwater
standards or surface water standards." (see Attachment C for this and other requirements)
• 15A NCAC 02T .0403 (a) (7) "Overflows and bypasses are reported to the appropriate Division
regional office in accordance with 15A NCAC 02B .0506 (a), and public notice is provided as
required by G.S. 143-215.1 C (also see Attachment B for Reporting Requirements)
• 15A NCAC .02B .0506 (a) (2) "Every person subject to this Section shall report by telephone to
either the central office or appropriate regional office of the Division as soon as possible but no
later than 24 hours after occurrence or the next working day (however, if the occurrence is one
which may endanger the public health , or fish or wildlife, and contact with the central office or
the appropriate regional office cannot be made, such persons shall report as soon as possible to
the State Highway Patrol Warning point in State 1-800-622 7956 or out of state [phone])
following the occurrence of or first knowledge of the occurrence of any of the following.
(A) Any failure of a collection system, pumping station or treatment facility resulting
in a by-pass without treatment of all or any portion of the wastewater.
15A NCAC 02B .0506 (a) (3) "Persons reporting such occurrences by telephone shall also
provide a written report to the Division in letter from setting out the information required in
Subparagraph (a) (4) of this rule and pertinent information pertaining to the occurrence. This
report must be received by the Division within five days following first knowledge of the
occurrence."
These violations and any future violations are subject to civil penalty assessment of up to $25,000 per day
per violation.
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Colonial Mobile Home Park, Butner
T3T Colonial, LLC
NOV-2020-DV-008
Please see attached copy of the rules regarding wastewater collection systems that are "Permitted by
Regulation" (deemed) and spill reporting requirements. Please respond to this letter in writing with 10 days
of receipt. Your response should minimally address the following items:
1) Immediately take actions to stop the flow of wastewater out of the homes and stop waste from
being conveyed into the stormvater drop inlet if this has not already been done, clean the
storm drain, and clean the area that was exposed to wastewater.
2) Clearly detail and explain the cause of the overflow, the failures of the pipes, how issue was
resolved, and how the area was cleaned.
3) Explain why there was no notification within 24-hours of occurrence or a written report provided to
this office within 5 days following first knowledge of the wastewater overflow as required by 15A
NCAC 02B .0506 (3) (See Attachment B).
4) Please explain what changes you are planning to prevent future spills, to ensure spill reporting
requirements are followed, clean-up efforts are timely, and waste collection systems are properly
maintained.
5) Begin making plans and start keeping records of how the requirements of 15A NCAC 02T .0403)
Attachment C) are being met.
Please understand, periodic or routine occurrences of untreated waste (sewer) overflows from this
collection system must be eliminated. This cannot continue to occur.
Thank you for your attention to this matter. This office requires that the violations, as detailed above,
be abated immediately and properly resolved. Environmental damage and,"or failures to properly
maintain and operate collection system infrastructure and report spills have been documented for the
subject site as stated above. Your efforts to undertake activities to bring the subject site back into
compliance is not an admission, rather it is an action that must be taken in order to begin to resolve
ongoing environmental issues. Please understand, periodic or routine occurrences of untreated
waste (sewer) overflows from this collection system must be eliminated. This cannot continue to
occur.
These violations and any future violations are subject to a civil penalty assessment of up to a
maximum of $25,000.00 per day for each violation. Your above -mentioned response to this
correspondence will be considered in any civil penalty assessment process that may occur. Should
you have any questions regarding these matters, please contact me [phone].
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Colonial Mobile Home Park, Butner
T3T Colonial, LLC
NOV-2020-DV-008
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Attachments:
A- Pictures
B- Reporting Requirements
C- Collection System requirements for "Permitted by Regulation' (deemed) systems
cc: Granville -Vance County Health Department
Scott N. Schroyer, SGWASA Executive Director: sschroverasawasa.or2
Winfred Dancy, SGWASA Utilities Director: fdancv cnr.sawasa.ore
Jessicaatrubild.com
DWR Laserfiche
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Colonial Mobile Home Park, Butner
T3T Colonial, LLC
NOV-2020-DV-008
Attachment B
Reporting Re uirements: Sanitary Sewer Overflows SSO
Division of Water Resources (DWR) reporting requirements for Sanitary Sewer Overflows (spills)
I. Did any wastewater reach surface waters?
You must report any amount that reaches surface waters. You must provide a verbal report within 24 hours to the
Raleigh Regional Office at(919) 7914200. Telephone lire Regional Office ivithin 24 hours of `first knowledge
(If after hours, Emergency Management) (800)-858-0368)
You must follow up with a 5-day written report to the Raleigh Regional Office (please contact Division for
5-day reporting form and email address)
Division of Water Quality
Surface Water Protection Section
3800 Barrett Drive
Raleigh NC 27609
The report must address the following information: Location, quantity, water body affected (name of stream), date
and time of occurrence, duration, weather Conditions, spill clean-up and infrastructure repair information.
2. Is the spill 1000 gallons or more (regardless of whether it reached surface waters)?
Wastewater spills that are 1,000 gallons or greater, whether reaching a stream or surface waters or contained on dry
land must be reported. You must provide a verbal report within 24 hours to the Raleigh Regional Office at (919)
791-4200. Telephone the Regional Office with in 24 hours of first knowledge : (If after hours, Emergency
Management) (800)-858-0368)
You must follow up with a 5-day written report to the Raleigh Regional Office (please contact Division for
5-day reporting form and email address):
Division of Water Quality
Surface Water Protection Section
3800 Barrett Drive
Raleigh NC 27609
3. NCGS 143-215.1C. c 1 and 2 -- Press Release and Public Notice
Press Release = if 1,000 gallons or more of untreated waste are discharged to the surface waters of the State, the
responsible party must provide a news release to all print and electronic news media that provide general coverage
in the county — within 48 hours.
Publish a "Notice of Discharge"=15,000 gallons or more of untreated waste to the surface waters of the State must
be noticed in the news paper having general circulation in the county in which the discharge occurred and affected -
within 10 days of DENR's approval. A copy of the notice that was placed in the newspaper must be submitted to
the Raleigh Regional Office within 30 days.
If you have questions, please do not hesitate to contact the Raleigh Regional Office for assistance (919) 791-
4200. Note: failure to properly report wastewater spills may result in a civil penalty assessment of up to
$25,000.00 per day.
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