NCG551606_NOV-2021-PC-0341_20210619

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
June 19, 2021
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7017 2680 0000 2236 8112
Nurignlleli Serrano -Otero & Israel Diaz Avila
914 Flanders Drive
Durham, NC 27703
Subject: NOTICE OF VIOLATION
Tracking Number: NOV-2021-PC-0341
Compliance Evaluation Inspection
Single Family Wastewater Treatment System
NPDES General Permit NCG550000
Certificate of Coverage NCG551606
Facility Name: 914 Flanders Drive
Durham County
Dear Nurignlleli Serrano -Otero & Israel Diaz Avila:
On April 12, 2021, Jane Bernard from the Raleigh Regional Office visited your single-family residence
(SFR) wastewater treatment system to evaluate compliance with the subject General NPDES Permit.
Your assistance during the inspection was greatly appreciated.
Our records indicate the treatment system consists of a septic tank, sub -surface sand filter, tablet
chlorinator, discharge pipe.
General NPDES Permit NCG550000 and Certificate of Coverage (COC) NCG551606 authorize the
discharge of domestic wastewater from your treatment system to receiving waters designated as an
unnamed tributary (UT) to Chunky Pipe Creek (classified WS-IV: NSW) in the Neuse River Basin. The
authorized discharge is in accordance with the effluent limits and monitoring requirements established
within the General Permit. The items below show what conditions were noted at your facility:
The following violations were present and on -going on the site:
1. Operation, Maintenance & Records: The wastewater treatment system shall be maintained at
all times to prevent seepage of sewage to the surface of the ground. At the time of this
compliance inspection the solids/sludge had traveled into the receiving ditch. See photo 1 and 2.
2. Pumping the septic tank: You are required to inspect the septic tank at least yearly to determine
if solids must be removed or if other maintenance is necessary. Septic tanks should be pumped
out every five years or when the solids level is found to be more than 1/3 of the liquid depth in
the septic tank compartment, whichever is greater. A pumping company can check the status
periodically and determine when pumping is required. Within 30-days of receiving this letter,
QE
NOHI H CN\OUNA �/
Department of Fmirarcrcnlal Oaali
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

please send a copy of the most recent receipt/invoice to this office showing the date the septic
tank was last checked and/or pumped out. The General NPDES Permit requires the permittee to
retain records associated with sewage disposal activities for a period of at least 5 years.
3. Analyzing the effluent: Part 1. C., Effluent Limitations and Monitoring Requirements, within
General Permit NCG550000 requires a permittee to sample and analyze the effluent leaving
his/her treatment system prior to discharge annually. If the effluent has been sampled, please
submit the results within 30 days of this letter. If sampling has not occurred, please collect a
representative sample of the effluent, have it analyzed by a certified commercial laboratory and
submit the results to this office no later than September 30, 2021. In the last inspection letter
dated June 1, 2017, you were requested to sample your effluent and to submit the analytical
results to this office. The Raleigh Regional Office has not received the requested results. Failure
to monitor the effluent discharge as required is a violation of NPDES General Permit
NCG550000.
4. Discharge outlet location. The permittee is required to conduct a visual review of the outfall
location at least twice each year (one at the time of sampling) to ensure that no visible solids or
other obvious evidence of system malfunctioning is observed. Any visible signs of a
malfunctioning system shall be documented and steps taken to correct the problem. The
discharge pipe was visible and accessible the day of the inspection. The visual review of the
outfall location shows visible solids in approximately 10 feet of the receiving ditch. See photos
1 and 2.
5. Part II Section B.14 of General Permit NCG550000 requires the permittee to "pay the annual
administering and compliance monitoring fee within thirty days after being billed by the
Division." The annual fee ($60 per year) for the period beginning November 1, 2020 through
October 31, 2021, was due by October 31, 2020. This fee has not been paid and is overdue.
Payment in the amount of $60 must be remitted to the Division as indicated on the attached
Annual Permit Fee Invoice 2020PR009432.
Requested Response
The Division requests that the Permittee secure an engineer to inspect your existing system and
determine what repairs are needed and/or components need replacing; discontinuing the discharge of raw
waste and to ensure that the system functions as intended and meets the conditions of your permit,
including meeting the effluent monitoring limits contained in the permit. Please do this within 30 days
and submit a written response to this office detailing how you will ensure in a timely manner that the
system is in full compliance of the permit conditions and functions as intended.
If the engineer determines that any part of the system needs to be repaired or replaced, the Permittee should
inform this office. The components that are required when replacing a system are included in Section A of
Part I of the general permit. 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. Plans and specifications of the proposed sandfilter system in triplicate. Plans and
specifications must be drawn and submitted by a licensed North Carolina professional
engineer.
If you believe that the system is functioning properly, please provide recent effluent monitoring
results that demonstrate that the system is in compliance. This may be accomplished by contacting a
NORTH CARQUNA
Departrneal of Hnwommrntal OuaYry)
North Carolina Department of Environmental Quality 1 Division of Water Resources
Raleigh Regional Office : 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

v
certified lab (attached) to perform this analysis and submit the results to this office within 45 days of
receipt of this letter. The parameter monitoring limits can be found in Section A of Part I of the general
permit and in Attachment B of this letter.
This inspection report is being issued as a Notice of Violation because the system appears to be failing.
The amount of sludge/solid accumulation in the chlorinator, at the discharge pipe and in the ditch
indicates a failure.
Within 30-days receipt of this letter, please submit a written response to this office indicating the
actions you will take or have taken to comply with or resolve the issues noted in items 1 through 5
above.
If you have questions or comments about this inspection or the requirements to take corrective action (if
applicable), then please contact Jane Bernard at [phone].
Sincerely,
.x.,44.a- 7
Vanessa E. Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Attachment(s): EPA Water Compliance Inspection Report
Annual Permit Fee Invoice — Due October 31, 2020
Photos 1 and 2
Installers and Engineers
Cc: RRO/SWP Files
Laserfiche
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

NCG551606, 914 Flanders Drive
Photo 1 and 2:
Discharge pipe, sludge settling in the ditch.
canurw
wwm.maDEW
tnwmmmwmwr\
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

United States Environmental Protection Agency
E PA Washington, D.C. 20460
Water Compliance Inspection Report
Form Approved.
OMB No. 2040-0057
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection
1 El 2 LI 3 I NCG551606 111 121 21/04/21 117
Type
1819
l l I I I
Inspector
191
Fac Type
Li 2011
21IIII I I I I I III I I 1 I I I I I I I I I l l l l l
III
I I I I I r6
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA
71I I 72 N
671 I 701 LJ I u
I —I
Reserved
73I I 174 751
I I t 1
I 1 1 1 1 I 180
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
POTW name and NPDES permit Number)
914 Flanders Drive
914 Flanders Dr
Durham NC 27703
Entry Time/Date
11:20AM 21/04/21
Permit Effective Date
13/11/12
Exit Time/Date VP) /01
12:20PM
,
Permit Expiration Date
18/07/31
Name(s) of Onsite Representative(s)Ttles(s)/Phone and Fax Number(s)
///
Other Facility Data
Name, Address of Responsible OfficialTtle/Phone and Fax Number
Contacted
Israel Diaz Avila,914 Flanders Dr Durham NC 27703///
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Operations & Maintenar Facility Site Review Effluent/Receiving Wate
Other
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Jane Bernard DWR/Non Discharge Compliance Unit/919-791-4200/
qcify..x. .(,__,.\., q&IL, /7, a_/
Signature of Management Q A Review r Agency/Office/Phone and Fax Numbers Date
• 7 Si- «23' Z 14 0 Z.
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page#

NPDES yr/mo/day
31 NCG551606 111 11 21/04/21
I17
Inspection Type
18Lit.
(Cont.)
1
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
The following violations were present and on -going on the site:
1. Operation, Maintenance & Records: The wastewater treatment system shall be maintained at all
times to prevent seepage of sewage to the surface of the ground. At the time of this compliance
inspection the solids/sludge had traveled into the receiving ditch. See photo 1 and 2.
2. Pumping the septic tank: You are required to inspect the septic tank at least yearly to determine if
solids must be removed or if other maintenance is necessary. Septic tanks should be pumped out
every five years or when the solids level is found to be more than 1/3 of the liquid depth in the septic
tank compartment, whichever is greater. A pumping company can check the status periodically and
determine when pumping is required. Within 30-days of receiving this letter, please send a copy of
the most recent receipt/invoice to this office showing the date the septic tank was last checked and/or
pumped out. The General NPDES Permit requires the permittee to retain records associated with
sewage disposal activities for a period of at least 5 years.
3. Analyzing the effluent: Part 1. C., Effluent Limitations and Monitoring Requirements, within
General Permit NCG550000 requires a permittee to sample and analyze the effluent leaving his/her
treatment system prior to discharge annually. If the effluent has been sampled, please submit the
results within 30 days of this letter. If sampling has not occurred, please collect a representative
sample of the effluent, have it analyzed by a certified commercial laboratory and submit the results to
this office no later than September 30, 2021. In the last inspection letter dated June 1, 2017, you
were requested to sample your effluent and to submit the analytical results to this office. The Raleigh
Regional Office has not received the requested results. Failure to monitor the effluent discharge as
required is a violation of NPDES General Permit NCG550000.
4. Discharge outlet location. The permittee is required to conduct a visual review of the outfall
location at least twice each year (one at the time of sampling) to ensure that no visible solids or other
obvious evidence of system malfunctioning is observed. Any visible signs of a malfunctioning system
shall be documented and steps taken to correct the problem. The discharge pipe was visible and
accessible the day of the inspection. The visual review of the outfall location shows visible solids in
approximately 10 feet of the receiving ditch. See photos 1 and 2.
5. Part II Section B.14 of General Permit NCG550000 requires the permittee to "pay the annual
administering and compliance monitoring fee within thirty days after being billed by the Division." The
annual fee ($60 per year) for the period beginning November 1, 2020 through October 31, 2021, was
due by October 31, 2020. This fee has not been paid and is overdue. Payment in the amount of $60
must be remitted to the Division as indicated on the attached Annual Permit Fee Invoice
2020PR009432.
Requested Response
The Division requests that the Permittee secure an engineer to inspect your existing system and
determine what repairs are needed and/or components need replacing; discontinuing the discharge
of raw waste and to ensure that the system functions as intended and meets the conditions of your
permit, including meeting the effluent monitoring limits contained in the permit. Please do this within
30 days and submit a written response to this office detailing how you will ensure in a timely manner
that the system is in full compliance of the permit conditions and functions as intended.
Page# 2

Permit: NCG551606
Owner - Facility: 914 Flanders Drive
Inspection Date: 04/21/2021 Inspection Type: Compliance Evaluation
Other Yes No NA NE
Comment:
(If the present permit expires in 6 months or less). Has the permittee submitted a new
application?
Is the facility as described in the permit?
# Are there any special conditions for the permit?
Is access to the plant site restricted to the general public?
Is the inspector granted access to all areas for inspection?
Comment:
Operations & Maintenance
Is the plant generally clean with acceptable housekeeping?
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable
Solids, pH, DO, Sludge Judge, and other that are applicable?
Comment:
❑ ❑ ❑ ■
❑ ❑ ❑ •
❑ ❑❑■
❑ ❑ 011
❑ ❑ ❑ •
Yes No NA NE
❑ ❑ ❑ ❑
❑ ❑ ❑ ❑
Page# 3

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
INVOICE
Annual Permit Fee
Overdue
This annual fee is required by the North Carolina Administrative Code. It covers the administrative costs associated with
your permit. It is required of any person holding a permit for any time during the annual fee period, regardless of the facili
operating status. Failure to pay the fee by the due date will subject the permit to revocation. Operating without a valid
permit is a violation and is subject to a $10,000 per day fine. If the permit is revoked and you later decide a permit is
needed, you must reapply, with the understanding the permit request may be denied due to changes in environmental,
regulatory, or modeling conditions.
Invoice Number: 2020PR009432
Permit Number: NCG551606
Durham County
914 Flanders Drive
Israel Diaz Avila
914 Flanders Dr
Durham, NC 27703
Annual Fee Period: 2020-11-01 to 2021-10-31
Invoice Date: 10/01/2020
Due Date: 10/31/2020
Annual Fee: $60.00
Notes:
1. You may pay either by mail with check/money order OR by electronic payment (eCheck or Credit Card).
2. If payment is by check/money order, please remit payment to:
NCDEQ - Division of Water Resources
Attn: Animal/Discharge/Non-Discharge Billing
1617 Mail Service Center
Raleigh, NC 27699-1617
3. If payment is electronic, please see https://deq.nc.gov/epayments/wq to pay electronically. Payments by eCheck will debit your
checking account. Credit card transactions will incur a convenience fee.
4. Please include your Permit Number and Invoice Number on all correspondence.
5. A $25.00 processing fee will be charged for returned checks in accordance with North Carolina General Statute 25-3-512.
6. Non -Payment of this fee by the payment due date will initiate the permit revocation process.
7. Should you have any questions regarding this invoice, please contact the Annual Administering and Compliance Fee
Coordinator at 919-707-3698.
(Return This Portion With Check)
ANNUAL PERMIT INVOICE
Overdue
Invoice Number: 2020PR009432
Permit Number: NCG551606
Durham County
914 Flanders Drive
Israel Diaz Avila
914 Flanders Dr
Durham, NC 27703
Annual Fee Period: 2020-11-01 to 2021-10-31
Invoice Date: 10/1/2020
Due Date: 10/31/2020
Annual Fee: $60.00
Check Number.