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Home My WebLink AboutNCG551217_NOD2022PC0099 & CEI Report_20220621 June 21, 2022 Michael Hopper 220 Kirk Way Candler, NC 28715 SUBJECT: NOTICE OF DEFICIENCY Tracking Number: NOD-2022-PC-0099 Permit No. NCG551217 220 Kirk Way Buncombe County Dear Permittee: The North Carolina Division of Water Resources conducted an inspection of the 220 Kirk Way on June 16, 2022. This inspection was conducted to verify that the facility is operating in compliance with the conditions and limitations specified in NPDES WW Permit No. NCG551217. A summary of the findings and comments noted during the inspection are provided in the enclosed copy of the inspection report. The Compliance Evaluation inspection was conducted by Division of Water Resources staff from the Asheville Regional Office. The following deficiency(s) was noted during the inspection: Inspection Area Description of Deficiency _________________________________________________________________________________________________________________________________________________________________________ Effluent Sampling It is unclear whether the system discharges and if effluent sampling is being conducted. _________________________________________________________________________________________________________________________________________________________________________ Disinfection-Tablet The chlorination chamber could not be located during the inspection. The inspector was unable to verify if the chlorination tubes contained chlorine tablets. _________________________________________________________________________________________________________________________________________________________________________ Effluent Pipe The discharge pipe could not be located. _________________________________________________________________________________________________________________________________________________________________________ In addition, the issues below must also be addressed: Compliance Issue(s): Please submit a Change of Ownership form. DocuSign Envelope ID: 11387465-06FF-45D8-A28C-83239F611541 Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. To prevent further action, carefully review these deficiencies and address the causes of non-compliance to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Stephanie Williams with the Water Quality Regional Operations Section in the Asheville Regional Office at 828-296-4500. Sincerely, Daniel Boss, Assistant Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS: Inspection Report, Change of Ownership Form Ec: Laserfiche, Michael Hopper (Owner) DocuSign Envelope ID: 11387465-06FF-45D8-A28C-83239F611541 EPA United States Environmental Protection Agency 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 Type Inspector Fac Type 1 N 52 NCG551217 22/06/16 C S31112171819 20 21 66 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ----------------------Reserved------------------- N67707172 73 74 75 80 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include POTW name and NPDES permit Number) 220 Kirk Way 220 Kirk Way Candler NC 28715 Entry Time/Date Permit Effective Date Exit Time/Date Permit Expiration Date 09:00AM 22/06/16 16/10/05 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) /// Other Facility Data 09:10AM 22/06/16 18/07/31 Name, Address of Responsible Official/Title/Phone and Fax Number Jerry Ray Cook,220 Kirk Way Candler NC 28715///Contacted No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance Self-Monitoring Program Facility Site Review Effluent/Receiving Waters 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 Stephanie A Williams DWR/ARO WQ/828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page#1 DocuSign Envelope ID: 11387465-06FF-45D8-A28C-83239F611541 6/20/2022 6/20/2022 NPDES yr/mo/day 22/06/16 Inspection Type C3111218 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Stephanie Williams, with the Asheville Regional Office, conducted a Compliance Evaluation Inspection of the single-family wastewater disposal system that services 220 Kirk Way. This inspection was conducted to determine if the system is being operated and maintained in compliance with General NPDES Permit No. NCG550000. The home has been sold in the last year and a Change of Ownership Form should be submitted accordingly. The new owner, Michael Hopper, contacted Ms. Williams via email after an initial site visit on April 21, 2022. Mr. Hopper was previously unaware that the septic system was a discharging septic system. Ms. Williams emailed him a copy of the General Permit and the Technical Bulletin , and he stated that the septic tank had been pumped in March. During the inspection, Ms. Williams was unable to locate the chlorine contact chamber. Chlorine tablets should always be kept in the tubes. Additionally, Ms. Williams was unable to locate the discharge pipe. Per permit requirements, a right of way to the pipe should be maintained and the pipe should be visually observed twice annually. Because the pipe has not been observed, Ms. Williams was not able to confirm if the system discharges. If the system discharges, annual sampling is required. The following deficiencies were noted during the inspection: 1. Disinfection: The chlorination chamber could not be located during the inspection. The inspector was unable to verify if the chlorination tubes contained chlorine tablets. 2. Effluent Pipe: The effluent pipe could not be located. 3. Effluent Sampling: It is unclear whether the system discharges and if effluent sampling is being conducted. NCG551217 17 (Cont.) Page#2 DocuSign Envelope ID: 11387465-06FF-45D8-A28C-83239F611541 Permit:NCG551217 Inspection Date:06/16/2022 Owner - Facility: Inspection Type: 220 Kirk Way Compliance Evaluation Permit Yes No NA NE (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? A Change of Ownership Form should be submitted. See summary for details.Comment: Operations & Maintenance Yes No NA NE 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: Septic Tank Yes No NA NE (If pumps are used) Is an audible and visual alarm operational? Is septic tank pumped on a schedule? Are pumps or syphons operating properly? Are high and low water alarms operating properly? Mr. Hopper recently purchased the home and had the septic tank pumped in March. See summary for details. Comment: Sand Filters (Low rate)Yes No NA NE (If pumps are used) Is an audible and visible alarm Present and operational? Is the distribution box level and watertight? Is sand filter free of ponding? Is the sand filter effluent re-circulated at a valid ratio? # Is the sand filter surface free of algae or excessive vegetation? # Is the sand filter effluent re-circulated at a valid ratio? (Approximately 3 to 1) Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? Are the tablets the proper size and type? Page#3 DocuSign Envelope ID: 11387465-06FF-45D8-A28C-83239F611541 Permit:NCG551217 Inspection Date:06/16/2022 Owner - Facility: Inspection Type: 220 Kirk Way Compliance Evaluation Disinfection-Tablet Yes No NA NE Number of tubes in use? Is the level of chlorine residual acceptable? Is the contact chamber free of growth, or sludge buildup? Is there chlorine residual prior to de-chlorination? The chlorination chamber could not be located during the inspection. See summary for details. Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? If effluent (diffuser pipes are required) are they operating properly? The discharge pipe could not be located. See summary for details.Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? Is sample collected below all treatment units? Is proper volume collected? Is the tubing clean? # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? Is the facility sampling performed as required by the permit (frequency, sampling type representative)? It is unclear whether the system discharges and if effluent sampling is being conducted. See summary for details. Comment: Page#4 DocuSign Envelope ID: 11387465-06FF-45D8-A28C-83239F611541 State of North Carolina Department of Environmental Quality Division of Water Resources SEWER SYSTEM PERMIT OWNERSHIP/NAME CHANGE INSTRUCTIONS FOR FORM: PNOCF 01-16 INSTRUCTIONS FOR APPLICATION PNOCF 01-16 Page 1 of 1 This form is for ownership changes or name changes of a sewer system permit. Please note that “Permittee” references the existing permit holder, and that “Applicant” references the entity applying for the ownership/name change. Sewer permits start with a WQ or WQCS and contain the terms sewer extension or collection system in the subject field. This form should not be used for permits with NC, NCG, SW or other types of non-sewer permits beginning with WQ. For more information, visit the Division’s Water Quality Permitting’s website: A. Sewer System Permit Ownership/Name Change (FORM: PNOCF 01-16) Application (All Applications): Submit an original completed and appropriately executed application (PNOCF 01-16). The Existing Permittee’s Certification shall be signed in accordance with 15A NCAC 02T .0106(b). Per 15A NCAC 02T .0106(c), an alternate person may be designated as the signing official if a delegation letter is provided from a person who meets the criteria in 15A NCAC 02T .0106(b). The Applicant’s Certification shall be signed in accordance with 15A NCAC 02T .0106(b). Per 15A NCAC 02T .0106(c), an alternate person may be designated as the signing official if a delegation letter is provided from a person who meets the criteria in 15A NCAC 02T .0106(b). B. Existing Permit (All Applications): Submit a copy of the most recently issued permit and certification. C. Property Ownership Documentation (All Applications):  The Applicant shall demonstrate they are the owner of all property containing the sewer system facilities: Legal documentation of ownership (i.e., GIS, deed, article of incorporation, or contract), or Written notarized intent to purchase agreement signed by both parties with a plat or survey map, or Approved board minutes D. Certificate of Public Convenience and Necessity (All Applications where the Applicant is a Privately-Owned Public Utility): Per 15A NCAC 02T .0115(a)(1), provide one copy of the Certificate of Public Convenience and Necessity from the North Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise for the area to be served by the non-discharge system. E. Operational Agreements (Applications where the Applicant is a Home/Property Owners' Association or Developer of lots to be sold):  Home/Property Owners’ Associations Per 15A NCAC 02T .0115(c), submit an original properly executed Operational Agreement (FORM: HOA). Per 15A NCAC 02T .0115(c), submit an original proposed or approved Articles of Incorporation, Declarations and By- laws that contain the language required by the Operational Agreement.  Developers of lots to be sold Per 15A NCAC 02T .0115(b), submit an original of the properly executed Operational Agreement (FORM: DEV). F. Package Submitted in Duplicate Submit a copy of all required documents in Instructions A-E as required THE COMPLETED APPLICATION AND SUPPORTING DOCUMENTATION SHALL BE SUBMITTED IN DUPLICATE TO: NCDEQ - DWR Water Quality Permitting Section PERCS Unit By U.S. Postal Service: By Courier/Special Delivery: 1617 MAIL SERVICE CENTER 512 N. SALISBURY ST. RALEIGH, NORTH CAROLINA 27699-1636 SUITE 925 RALEIGH, NORTH CAROLINA 27604 TELEPHONE NUMBER: (919) 807-6300 State of North Carolina Department of Environmental Quality Division of Water Resources SEWER SYSTEM PERMIT OWNERSHIP/NAME CHANGE INSTRUCTIONS FOR FORM: PNOCF 01-16 FORM: PNOCF 01-16 Page 1 of 2 I. EXISTING PERMITTEE INFORMATION: 1. Permittee's name: 2. Signature authority’s name: per 15A NCAC 02T .0106(b) 3. Signature authority’s title: 4. Permittee’s mailing address: City: State: Zip: - 5. Permittee’s contact information: Phone number: ( ) - Fax Number ( ) - Email Address: II. APPLICANT INFORMATION: 1. Applicant's name: 2. Signature authority’s name: per 15A NCAC 02T .0106(b) 3. Signature authority’s title: 4. Applicant’s mailing address: City: State: Zip: - 5. Applicant’s contact information: Phone number: ( ) - Fax Number ( ) - Email Address: 6. Representative’s name: 7. Representative’s title: 8. Representative’s contact information Phone number: ( ) - Fax Number ( ) - Email Address: III. PERMIT INFORMATION: 1. Existing permit number: and most recent issuance date: 2. Reason for the permit application: Select If other, attach detailed explanation 3. Has the facility been constructed? Yes or No 4. Has the facility been certified per 15A NCAC 02T .0116? Yes or No FORM: PNOCF 01-16 Page 2 of 2 IV. CERTIFICATIONS: Existing Permittee's Certification per 15A NCAC 02T .0106(b): I, attest that this application (Signature Authority’s name & title from Application Item I.2 & 3) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that prior to reissuance of the permit into the Applicant’s name, I will continue to be responsible for compliance with the current permit and any discharge of wastewater from this system to surface waters or the land may result in an enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will also make no claim against the Division of Water Resources should a condition of the existing permit be violated. I also understand that if all required parts of this application are note completed and that if all required supporting information and attachments are not included, this application will be returned to me as incomplete. NOTE – In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation. Signature: Date: Applicant's Certification per 15A NCAC 02T .0106(b): I, attest that this application (Signature Authority’s name & title from Application Item II.2&3.) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that after issuance of the permit into the Applicant’s name, I will be responsible for compliance with the issued permit and any discharge of wastewater from this non- discharge system to surface waters or the land may result in an enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will make no claim against the Division of Water Resources should a condition of this permit be violated. I also understand that if all required parts of this application package are not completed and that if all required supporting information and attachments are not included, this application package will be returned to me as incomplete. NOTE – In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation. Signature: Date: