WQCSD0744_NOV-2021-PC-0569_20211116

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7017 2680 0000 2236 8150
Yamasa Co Ltd
PO Box 4090
Scottsdale, AZ 85261-4090
RETURN RECEIPT REQUESTED
7017 2680 0000 2236 8143
Corporation Service Company
2626 Glenwood Avenue, Suite 550
Raleigh, NC 27608
NORTH CAROLINA
Environmental Quality
November 16, 2021
Subject: Notice of Violation/Notice of Intent
NOV-2021-PC-0569
Permit Number: WQCSD0744
Wastewater Treatment Pump/Lift Station
2108 Cannonford Court, Apex NC 277502
Wake County
To whom it may concern,
On October 18, 2021 the Division of Water resources (DWR) received a complaint regarding the above subject
property. The complainant states that the property has a wastewater lift station adjacent to his property that is
continuously discharging raw sewage to the environment. The complainant has contacted the Town of Apex on
multiple occasions and is unable to get this problem resolved. The lift station is on the subject property and
therefore it is privately owned. 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 27, 2021 Jane Bernard with the DWR, James Misciagno, CES, CPESC with the Town of Apex and
Eric Smith with the Town of Apex met at the subject site to confirm that the lift station is still not working as
designed and is releasing raw sewage to the environment. The following observations were made:
• Evidence of wastewater at the side and top of the pump station.
• Evidence of wastewater flowing downhill away from the pump station.
• There was no contact information signage for the pump station for who to call in the event of an
emergency.
• Staff could not locate an alarm for the pump station.
• The electrical control box was not sealed and open to the environment.
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh. North Carolina 27609
919.791.4200

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 any 24-hour notification or a 5-day written report detailing the
sewer spill as required by 15A NCAC 02T 0403 (7). It is the Divisions understanding from James Misciagno and
Eric Smith with the Town of Apex, that this is a reoccurring problem and they have received numerous complaints
regarding pump station failures over the last 5 years.
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.
(2) Construct or operate any sewer system, treatment works, or disposal system within the State.
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 in 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.
North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

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 from now on.
6. Submit all maintenance and inspection logs for the past 3 years including all receipts for repairs
completed.
The Division highly recommends that the property owner secures an engineer to inspect the existing system
and determine what repairs/upgrades are needed and/or components need replacing to prevent any future
failures and to achieve compliance to the above listed NC State Statutes and North Carolina Administrative
Codes; immediately discontinuing the discharge of raw wastewater to the environment and to ensure that the
system functions as designed.
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.
Please note, unpermitted waste water discharges or improper disposal of domestic wastewater is subject
to civil penalty assessments of up to twenty-five thousand dollars ($25,000.00) per violation. You are
encouraged to properly maintain and manage your treatment system properly.
If you have any questions or need assistance, please do not hesitate to contact Jane Bernard with the Division of
Water Resources Water Quality Regional Operations Section Raleigh Regional office at [phone].
Sincerely,
Vanessa E. Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: Raleigh Regional Office
Wake County Health Department
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

Compliance Inspection Report
Permit: WQCSD0744 Effective: 10/29/21 Expiration: Owner : Yamasa Co LTD
SOC: Effective: Expiration: Facility: 2108 Cannonford Ct., Apex
County: Wake 2108 Cannonford Ct
Region: Raleigh
Contact Person: Shinichi Sano
Directions to Facility:
Apex NC 27502
Title: President Phone:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 10/27/2021 Entry Time 09:OOAM Exit Time: 10 30AM
Primary Inspector: Jane Bernard
Secondary Inspector(s):
Phone: [phone]
Reason for Inspection: Routine Inspection Type: Complaint
Permit Inspection Type: Deemed permitted collection system management and operation
Facility Status: 0 Compliant 111 Not Compliant
Question Areas:
Miscellaneous Questions Inspections Pump Stations
(See attachment summary)
Page 1 of 5

Permit: WQCSD0744 Owner - Facility: Yamasa Co LTD
Inspection Date: 10/27/2021
Inspection Type : Complaint Reason for Visit: Routine
Inspection Summary:
On October 18, 2021 the Division of Water resources (DWR) received a complaint regarding the above subject property. The
complainant states that the property has a wastewater lift station adjacent to his property that is continuously discharging
raw sewage to the environment. The complainant has contacted the Town of Apex on multiple occasions and is unable to
get this problem resolved. The lift station is on the subject property and therefore it is privately owned. 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 27, 2021 Jane Bernard with the DWR, James Misciagno, CES, CPESC with the Town of Apex and Eric Smith
with the Town of Apex met at the subject site to confirm that the lift station is still not working as designed and is releasing
raw sewage to the environment. The following observations were made:
• Evidence of wastewater at the side and top of the pump station.
• Evidence of wastewater flowing downhill away from the pump station.
• There was no contact information signage for the pump station for who to call in the event of an emergency.
• Staff could not locate an alarm for the pump station.
• The electrical control box was not sealed and open to the environment.
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 any 24-hour notification or a 5-day written report detailing the sewer spill as required by
15A NCAC 02T 0403 (7). It is the Divisions understanding from James Misciagno and Eric Smith with the Town of Apex, that
this is a reoccurring problem and they have received numerous complaints regarding pump station failures over the last 5
years.
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.
(2) Construct or operate any sewer system, treatment works, or disposal system within the State.
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.
Page 2 of 5

Permit: WQCSD0744 Owner - Facility: Yamasa Co LTD
Inspection Date: 10/27/2021 Inspection Type : Complaint
Reason for Visit: Routine
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.
6. Submit all maintenance and inspection logs for the past 3 years including all receipts for repairs completed.
The Division highly recommends that the property owner secures an engineer to inspect the existing system and determine
what repairs/upgrades are needed and/or components need replacing to prevent any future failures and to achieve
compliance to the above listed NC State Statutes and North Carolina Administrative Codes: immediately discontinuing the
discharge of raw wastewater to the environment and to ensure that the system functions as designed.
Page 3 of 5

Permit: WQCSD0744 Owner - Facility:Yamasa Co LTD
Inspection Date: 10/27/2021 Inspection Type : Compla nt
Reason for Visit: Routine
Inspections
Are adequate maintenance records maintained?
Are pump stations being inspected at the required frequency?
Is at least one complete functionality test conducted weekly per pump station?
Is there a system or plan in place to observe the entire system annually?
Is the annual inspection documented?
# Does the system have any high -priority Tines/locations?
Are inspections of HPL documented at least every 6 months?
Are new lines being added to the HPL list when found or created?
Comment:
Pump Stations
Please list the Pump Stations Inspected:
# 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?
Yes No NA NE
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Page 4 of 5

Permit: WQCSD0744 Owner - Facility: Yamasa Co LTD
Inspection Date: 10/27/2021 Inspection Type : Complaint
Reason for Visit: Rout ne
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?
Inspecting and exercising all valves?
Inspecting and lubricating pumps and other equipment?
Inspecting alarms, telemetry and auxiliary equipment?
Comment:
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Page 5 of 5

Top of pump station with ponding effluent
Control box
Top of pump station showing flow path