WQCSD0723_NOV and Intent to Assess_20201112

ROY COOPER
Governor
MICHAEL 5. REGAN
Secretary
S. DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
November 12, 2020
CERTIFIED MAIL 7017 0190 0000 9569 8756
RETURNED RECEIPT REQUESTED
Gary Wadsten, Managing Member
CHG-MHP Roxboro, LLC
4605C Oleander Drive, Suite 301
Myrtle Beach, SC 29577
CERTIFIED MAIL 7017 0190 0000 9569 8763
RETURNED RECEIPT REQUESTED
Aland Dunn, Property Manager
Lehigh Mobile City/ Pine View MHP
711 Leasburg Rd
Roxboro, NC 27573
Subject: Notice of Violation — Notice of Intent to Enforce (NOV-NOI)
Tracking Number: NOV-2020-PC-0471
Sanitary Sewer Overflow (SSO) — October 2020
Lehigh Mobile City / Pine View Mobile Home Park
711 Leasburg Rd, Roxboro, NC 27573
Deemed Collection System Permit No. WQCSD0723
Person County
Dear Mr. Wadsten & Mr. Dunn:
This office was informed by Person County Health Department of sewage surfacing at the subject location
on October 09, 2020. Jane Bernard with the Division of Water Resources visited the site on October 20,
2020 and confirmed that a large quantity of raw sewage was discharging from a broken sewer line onto
the ground (see picture in Attachment A).
Since the sewer line is 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 considered permitted
by regulation (deemed permitted) (Permit # WQCSD0723) and must meet the requirements of Rule 15A
NCAC 02T .0403 (Attachment C).
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:
• 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)
ODE
dp.euwm el tarken nwwr Ow\ dield
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27509
919.791.4200

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• 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.
Please see attached copy of the rules regarding wastewater collection systems that are "Permitted by
Regulation" (deemed) and spill reporting requirements (15A NCAC 02T .0403). 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 from the broken/clogged sewerline
and stop waste from being conveyed to the surface.
2) Clearly detail and explain the cause of the overflow, the failures of the pipes, how the 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) Make plans to start keeping records of how the requirements of 15A NCAC 02T .0403
(Attachment C) are being met, including at least biannual distribution of grease educational
materials to residents. You will be contacted in the future to check on what is being done to
meet State Regulations.
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

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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 Mitch Hayes at 919.791.4200.
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Attachments:
A- Picture
B- Reporting Requirements
C- Collection System requirements for "Permitted by Regulation" (deemed) systems

Attachment A
Wastewater discharging onto ground

Attachment B
Reporting Requirements: Sanitary Sewer Overflows (SSO)
Division of Water Resources (DWR) reporting requirements for Sanitary Sewer Overflows
(spills)
1. 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 [phone]. Telephone the Regional Office within
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 watersi?
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 [phone]. Telephone the Regional Office within 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 newspaper 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 [phone]. Note: failure to properly report wastewater spills may
result in a civil penalty assessment of up to $25,000.00 per day.

Attachment C
15A CAC 02T .0403 PERM111ILLG BY REGULATION
(a) Collection systems haying an actual, permitted or Division -approved average daily flow less than 200.000
gallons per day shall be deemed permitted, pursuant to Rule .0113 of this Subchapter if the system meets the criteria
in Rule .0113 of this Subchapter and all criteria required in this Rule- •
(1) The collection system shall be effectively maintained and operated at all times to prevent
discharge to land or surface tcaters and to prevent any contravention of groundwater standards or
surface water standards.
(2) A map of the collection system shall have been developed and shall be maintained.
(3) An operation and maintenance plan. including pump station inspection frequency, preventative
maintenance schedule. spare parts inventory. and overflow response shall have been developed
and unplemented.
(4) Pump stations that are not connected to a telemetry system shall be respected by the permittee or
its representative every day. 365 days per year. unless the permittee demonstrates that daily
inspections are not necessary because the pump station has sufficient storage capacity, above the
elevation at which the pump activates. to justify a longer inspection interval. In no case shall the
inspection interval exceed seven days_ Pump stations that are connected to a telemetry system
shall be inspected once per week
(5) High priority sewers shall be inspected by the permittee or its representative once every six -
mouths, and inspections shall be documented_
(6) A general observation by the permittee or its representative of the entire collection system shall be
conducted once per year.
(7) Overflows and bypasses shall be reported to the appropriate Division regional office in accordance
with 154 NCAC' 02B _0506(a). and public notice shall be provided as required by G.S. 143-
215.1C.
(8) A Grease Control Program shall be in place as follows;
(A) For publicly owned collection systems. the Grease Control Program shall include bt-
annual distribution of educational matenals for both commercial and residential users and
the legal means to require grease interceptors for new construction and retrofit and if
necessary. of grease interceptors at existing establishments. The plan shall also include
legal means for inspections of the grease interceptors_ enforcement for violators and the
legal means to control grease entering the system from other public and private satellite
collection systems.
(B) For privately owned collection systems. the Grease Control Program shall include bi-
annuaI distribution of grease education materials to users of the collection system by the
permittee or its representative.
(C) Grease education materials shall be distributed more often than required in Parts (A) and
(B) of this Subparagraph if necessary to prevent grease -related sanitary sewer overflows_
(9) Right-of-ways and easements shall be maintained in the full easement width for personnel and
equipment accessibility
(10) Documentation of compliance with Subparagraphs (a)(1) through (a)(9) of this Rule shall be
maintained by the collection system owner for three years with the exception of the map, which
shall be maintained for the life of the system.
(b) Private collection systems on a single propene serving an industrial facility from which the domestic wastewater
contribution is less than 200.000 gallons per day shall be deemed permitted.
(c) The Director may determine that a collection system shall not be deemed to be permitted in accordance with this
Rule and Rule .0113 of this Subchapter This determination shall be made in accordance with Rule .0113(e) of this
Subchapter.
Histar r dote..
Arrthonn GS. 143- 215.1(a) 14 J5,3fa1,. 143-215.9B:
EJ• Septembers 1, 2006;
Readopted Eff September 1, 01S,

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