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Home My WebLink AboutWQCSD0656_NOV-2021-PC-0534_20211029ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH NORTH CAROLINA Director Environmental Quality October 29, 2021 Certified Mail # 7020 3160 0000 2219 3259 Returned Receipt Requested David Charles, Chief Executive Officer DSLP Properties LLC PO Box 648 Morrisville, NC 27560 Subject: Notice of Violation — Notice of Intent to Enforce NOV-2021-PC-0534 Lynn Drive Apartments Permit No. WQCSD0656 Dear Mr. Charles: On October 11, 2021, the Raleigh Regional Office received a complaint that the pump station that serves 121 Lynn Drive Apartments was without power and that sewage was overflowing from two clean -outs downstream of the pump station and into a drainage ditch. According to Person County tax records, DSLP Properties LLC is listed as the owner. The Lynn Drive Apartments collection system is a privately owned collection system, it is the owner's responsibility to operate and maintain this system. The system is a deemed permitted collection system and should meet the requirements of 15A NCAC 02T.0403 (attached). On October 13, 2021, Mitch Hayes of the Raleigh Regional Office visited the site. His observations were: • Evidence of black sewage water surrounding the concrete riser for the pump station. • There was no power to the pump station. The high water float was lying on top of the ground. • There was no contact information signage for the pump station for who to call in the event of an emergency. • Sewage was draining from two clean -outs downstream of the pump station and draining into a ditch. The sewer overflow that is occurring constitutes a violation of NCGS 143.215.1 (a) (1) and 15A NCAC 02T .0403 (a) (1). A file review failed to reveal the receipt of a 24-hour notification or a 5-day written report detailing the sewer spill as required by 15A NCAC 02T 0403 (7). Statutes and North Carolina Administrative Code respectively state 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. North Carolina Department of Environmental Quality I Dlvislon of Water Resources Raleigh Regional Office 13B00 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 15 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. 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. 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 is State 1- 800-622-7956 or out of State 919-733-3861 following the occurrence of or first knowledge of any of the following. (A) Any failure of a collection system, pumping station or treatment facility resulting in a bypass 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 form 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 violation per day per violation. Please respond to this letter in writing within 30 days' receipt of this letter. Your response shall minimally address the following items: 1. Clearly detail and explain the cause of the overflow and what has been completed / changed or repaired to correct the problem. 2. Explain why you did not notify the State within 24-hours of the discharge as required by 15A NCAC 02B .0506 (a) (2). 3. Explain why there is no sign posted with contact information sign indicating an individual who can be notified when there is a problem at this pump station. 4. Explain why there are not daily visitations (365 days per year) at this pump station as required by 15A NCAC 2T .0403 (a) (4). Provide the name and contact information of the person who will conduct the visitation from now on. 5. Explain how you will prevent future spills and ensure that the waste collection system is properly maintained form now on. 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 to begin to resolve ongoing environmental issues. CP) North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regtonal office ' 3800 Barrett Drive I Raleigh. North Carolina 27609 919.7914200 Untreated waste (sewer) overflows from this pump station must be eliminated. Your response to this correspondence will be considered in the civil penalty assessment process that may occur. Should you have any questions regarding these matters, please contact Mitch Hayes or myself at 919.791.4200 cc: RRO file, Laserfiche Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources NC DEQ 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 1 1 Compliance Inspection Report N 0V-2_02_ i- pc_.- 0 S 3 21 Permit: WQCSD0656 Effective: 02/15/17 Expiration: Owner : Dslp Properties LLC SOC: Effective: Expiration: Facility: Lynn Drive Apartments County: Person Lynn Dr A Through D Region: Raleigh Contact Person: Alan S Hicks Roxboro NC 27573 Title: Registered Agent Phone: Directions to Facility: Apartments near east end of Lynn Drive System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 10/13/2021 Entry Time 10:OOAM Exit Time: 11:OOAM Primary Inspector: Mitchell S Hayes Phone: 919-791-4200 Secondary Inspector(s): Reason for inspection: Complaint Inspection Type: Complaint Permit Inspection Type: Deemed permitted collection system management and operation Facility Status: 0 Compliant in Not Compliant Question Areas: Miscellaneous Questions Pump Stations (See attachment summary) Page 1 of 4 Permit: WQCSD0656 Owner - Facility: Dslp Properties LLC Inspection Date: 10/13/2021 Inspection Type : Complaint Reason for Visit: Complaint Inspection Summary: Pump station had no power. Evidence of black sewage water surrounded the concrete riser of the pump station. The high water float was Tying on top of the ground. There is no emergency contact information signage posted. Sewage was draining from the cleanout on top of the ground and into a drainage ditch. Page 2 of 4 Permit: WQCSD0656 Owner - Facility: Dslp Properties LLC Inspection Date: 10/13/2021 Inspection Type : Complaint Reason for Visit: Complaint Pump Stations Please list the Pump Stations Inspected: Pump station serving 121 Lynn Drive Apartments # Number of duplex or larger pump stations in system # Number of vacuum stations in system # Number of simplex pump stations in system # Number of simplex pump stations in system serving more than one building How many pump/vacuum stations have: # A two-way "auto polling" communication system (SCADA) installed? # A simple one-way telemetry/communication system (auto -dialer) installed? For pump stations inspected: Are they secure with restricted access? Were they free of by-pass structures/pipes? Were wet wells free of excessive grease/debris? # Do they all have telemetry installed? Is the telemetry system functional? Is a 24-hour notification sign posted ? Does the sign include: Owner Name? Pump station identifier? # Address? Instructions for notification? 24-hour emergency contact numbers? Are audio and visual alarms present? Are audio and visual alarms operable? # Is there a backup generator or bypass pump connected? If tested during inspection, did it function properly? Is the back-up system tested at least bi-annually under normal operating conditions? # Does it have a dedicated connection for a portable generator? # Is the owner relying on portable units in the event of a power outage? # If Yes, is there a distribution plan? If Yes, what resources (Units/StaffNehicles/etc) are included in Plan? # Does Permittee have the approved percentage of replacement simplex pumps? Is recordkeeping of pump station inspection and maintenance program adequate? Do pump station logs include at a minimum: Inside and outside cleaning and debris removal? Yes No NA NE 0 0 ❑•❑❑ • ❑❑❑ ❑ ❑❑■ ❑•❑ ❑ ❑ ❑11❑ ❑ 1❑❑ ❑ ❑■❑ ❑ ❑•❑ ❑ ❑•❑ ❑ ❑•❑ ❑•❑ ❑ • ❑ ❑ ❑ ❑•❑ ❑ ❑ • ❑ ❑ ❑ ❑•❑ ❑ ❑ ❑ ❑ • ❑ ❑ • ❑ ❑❑ ❑•❑❑ ❑ • El El ❑•❑❑ ❑•❑❑ Page 3 of 4 Permit: WQCSD0656 Owner - Facility: Dslp Properties LLC Inspection Date: 10/13/2021 Inspection Type : Complaint Reason for Visit: Complaint Inspecting and exercising all valves? Inspecting and lubricating pumps and other equipment? Inspecting alarms, telemetry and auxiliary equipment? Comment. No loos are kept ❑•❑ ❑ EINICIO ❑•❑ ❑ Page 4 of 4