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Home My WebLink AboutNCG551132_NOV-2024-PC-0568 Noice of Violation (2024 CEI)_20241015ROY COOPER Governor MARY PENNY KELLEY Secretary RICHARD E. ROGERS, JR. twector NORTH CAROUNA Environmental Quality October 15, 2024 CERTIFIED MAIL #: 7017 0190 0000 2485 9265 RETURN RECEIPT REQUESTED Clemente Opice 6227 Dello Street Durham, NC 27712 Subject: NOTICE OF VIOLATION Tracking Number: NOV-2024-PC-0568 Compliance Evaluation Inspection Single Family Wastewater Treatment System General NPDES Permit NCG550000 Certificate of Coverage NCG551132 Facility: 6227 Dello Street Durham County Dear Mr. Opico: On September 24, 2024, Kevin Fowler from the Raleigh Regional Office of the Division of Water Resources (DWR) visited your single-family residence (SFR) wastewater treatment system to evaluate compliance with the subject General NPDES Permit. The inspector left a packet of information regarding Single Family Treatment Systems, a copy of the General Permit, and thirteen (13) overdue annual permit fee invoices at the residence. Staff has made several unsuccessful attempts to contact you via phone and/or email. If your contact information has changed, please contact our office with updated contact information. Our records indicate the subject wastewater treatment system consists of a septic tank, sub -surface sand filter, tablet chlorinator, and discharge pipe. General NPDES Permit NCG550000 and Certificate of Coverage (COC) NCG551132 authorize the discharge of domestic wastewater from your treatment system to receiving waters designated as Little 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 subject site visit and file review revealed the following: Treatment system component failure. The site visit revealed what appeared to be a flow blockage that has resulted in untreated domestic wastewater to the ground surface around the disinfection unit (tablet chlorinator), such that it has short-circuited treatment from the subsurface sand filter and from disinfection and is ponding. The inspector did not observe any chlorine tablets in the disinfection unit, but did observe black, odorous solids in the chlorinator tubes. The discharge pipe could not be located. This system failure has been ongoing long enough that the wastewater is ponded, and the ground is soft/saturated. Untreated wastewater and/or solids (human waste) ponded on the ground surface is a significant vector and pathogen concern. D E Q�� North Carolina Department of Environmental Quality I Division of water Resources Raleigh Regional Office 3800 Barrett Drive I Raleigh. North Carolina 27609 tQm�ow+� /"� 919.791.4200 Clemente Opico, NCG551132 October 15, 2024 Page 2 of 4 Accordingly, these observations constitute violations of the following conditions of your General NPDES Permit (COC) NCG551132: Part 1. D. Operations & Maintenance & Records (2.) Bypassing of Treatment Facilities: Treatment systems shall be maintained at all times to prevent seepage of sewage. (4.) System Components: All system components, including but not necessarily limited to, septic tanks, surface sand filters, other filter components, pump/recirculation tanks, controls and alarms, disinfection units, dechlorination apparatus, and the outfalls shall be maintained at all times and in good operating order. The Permittee is responsible for the operation and maintenance of the entire wastewater treatment system including, but not limited to the following items: a. Accessible sand filter surfaces shall be raked and leveled every six months and any vegetative growth shall be removed manually. b. All pump and alarm systems shall be inspected and tested monthly. (6.) Outfall Location: A visual review of the outfall location shall be executed 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. Part II. Section B. General Conditions 2. Duty to Mitioate The permittee shall take all reasonable steps to minimize or prevent any discharges of sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. Part II. Section C. Operation and Maintenance of Pollution Controls 2. Proper Operations and Maintenance. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used bythe Permittee to achieve compliance with these conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriated quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facility only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)]. These violations and any future violations are subject to civil penalty assessment of up to $25,000 per day per violation. Please respond to this letter in writing within 30 days of receipt this letter. Your response should minimally address the following items: 1) Please detail in your written response what steps you have taken or will take to correct your malfunctioning system. (e.g. pumping septic tank, uncovering outfall pipe, applying chlorine tablets to disinfection units, replacement of pump, panel repair, findings/observations and repairs efforts of plumber, receipts etc.). 2) Discuss in your response how the wastewater treatment system has a been repaired, such that wastewater is being properly treated and disinfected, as appropriate. Your wastewater treatment system is failing or is not operating properly. The Raleigh Regional Office requests that you (Permittee) secure a plumber or a NC certified engineer to inspect your existing system and determine what repairs are needed and/or what components need replacing. This is necessary to ensure that the system functions as intended and meets the conditions of your permit, including meeting the effluent monitoring limits. D Q �� North Carolina Department of Environmental Quality I Division of Water Resources n.. 0, ��' —Raleigh Regional Office ; 3800 Barrett Drive I Raleigh. North Carolina 27609 NOR -. Cnaouw, � a w � e 919.791,4200 Clemente Opico, NCG551132 October 15. 2024 Page 3 of 4 Finally, Attachment A includes additional findings of the compliance evaluation inspection and highlights select system operational and maintenance requirements for your reference and future use. 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 comply with permit conditions and to properly operate and maintain the wastewater treatment system, as stated above, have occurred. Please understand, periodic or routine occurrence of wastewater discharges in violation of permit conditions (sewage) 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 written response to this correspondence will be considered in any civil penalty assessment process that may occur. If you have questions or comments about the inspection, this report or the requirements to take corrective action, please contact Kevin Fowler at (919) 791-4242 (kevin.fowler@deq.nc.gov) or me at 919-791-4232 or via email at Vanessa. Manuel@deq.nc.gov. Sincerely, Vanessa Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Attachment(s),; Attachment A EPA Water Complian-e Inspection Report Annual Permit Fee JnvUives Cc: Laserriche D E Q J� North Carolina Department of Environmental Quality I Division of Water Resources _ Raleigh Regional Office 13800 Barrett Drive ' Raleigh, North Carolina 27609 919.791.4200 Clemente Opico, NCG551132 October 15, 2024 Attachment A Page 4 of 4 I. 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 2. Chlorine tablets in the chlorinator: You are reminded that it is required that chlorine tablets be maintained in the chlorinator to ensure proper disinfection of the discharged wastewater. Chlorine tablets provide effective disinfection and prevent/limit harmful bacteria from discharging to the environment. The product label for these tablets must Indicate the tablets are approved for wastewater use and not for swimmLag pools. Part 1, Section D (1) of General NPDES Permit NCG550000 requires the permittee to inspect the tablet chlorinator weekly to ensure there is an adequate supply of tablets for continuous and proper operation. Section D (4) requires the permittee to maintain all system components, including... disinfection units ... at all times and in good operating order. The inspector did not observe any chlorine tablets in the chlorinator, but did observe black, odorous solids in the chlorinator tubes. Please ensure the correct type of tablets are used and maintained in the chlorinator as required by the General NPDES Permit 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. Parameters to be sampled and analyzed include Flow, BOD (Biochemical Oxygen Demand), Total Suspended Solids, Fecal Coliform, Total Residual Chlorine, Total Nitrogen, Ammonia Nitrogen and Total Phosphorous. Within 30-days of receiving this letter, please let this office know if you have monitored your effluent discharge within the last 12 months, and provide this office with a copy of the lab results if you have. If you have not monitored your effluent, then 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 December 30, 2024. If, during this time, you are unable to collect a representative sample of the effluent discharge due to insufficient flow from the discharge pipe, then update this office with that information and continue to monitor the discharge and if conditions for sampling become favorable, then arrange to collect a sample. In the last inspection letter dated September 25, 2019, 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 end of discharge pipe was not visible nor accessible the day of the inspection. To comply with the general permit monitoring requirements, you need to be able to sample and analyze the effluent from your SFR system through the discharge pipe. You need to keep the area around the discharge pipe cleared of vegetation, soil and leaves. Please take the necessary steps to ensure the discharge outlet is visible and accessible. Maintaining the area will allow you to monitor the discharge and to collect effluent samples as required by the subject permit. Within 30-days of receiving this letter, provide this office with a sketch or map of the location of the discharge pipe in relation to the permitted residence. 5. Annual Permit Fee. 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 for the periods 2007 through 2020, have not been paid and are overdue. Payment in the amount of $830.00 must be remitted to the Division as Indicated on the attached Annual Permit Fee Invoices. D Q �� North Carolina Department of Environmental Quality I Division of Water Resources _ Raleigh Regional Office 3800 Barrett Drive I Raleigh, North Carolina 27609 K� /'� 919.791.4200 United States Environmental Protection Agency Form Approved, EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expiresB-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yrlmolday Inspection Type Inspector Fac Type 1 IN 1 2 15 I 3 I NCG551132 111 121 24109/24 117 18 I j I 19 I s I 201 I 211111111111111111111111111111_1 1 1 1 1 1 1 11 11111 Ins Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ---------------------- Reserved ------------------- 71 I I 72 I N I 73I _II —174 71 11 I 1 I 1 180 671 1 Li 701 I li LJ L Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry TimelDate Permit Effective Date POTW name and NPDES oermit Number) 12:18PM 24/09/24 04/12/02 6227 Dello Street 6227 Dello St Exit TimelDate Permit Expiration Date Durham NC 27712 12:34PM 24/09124 07/07/31 Name(s) of Onsite Representative(s)Mtles(s)/Phone and Fax Number(s) Other Facility Data 111 Name, Address of Responsible Official/Title/Phone and Fax Number Clemente Opico,6227 Dello St Durham NC 27712/// Contacted No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit 0 Operations & Maintenar E Facility Site Review E Effluent/Receiving Wate Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signalure(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Kevin Fowler DWRIRRO WQ1919-791-42001 10/3/2024 Signature of Management Q Reviewer Agency/Office/Phone and Fax Numbers Date ,vyti� S '71 - ;f� t- f 3 -z— Off. /-d/, ? 7-114- EPA Form 3560.3 (Rev 9.94) Previous editions are obsolete Page# NPDES yrlmo+day nspection Type (Cont.) 31 CG551132 I11 1 24109.24 17 18 I C I Section D. Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Pre -inspection record review showed that permit was expired and no permit fee had been paid since 2007_ Contact information was outdated as well. A NOV was sent in 2016. On -site, the daughter was present and she gave an updated cell phone number for the permit owner. The system showed signs of failure. Black odorous sludge was found in the chlorinator and the outfall pipe could not be located. The pipe is believed to be burried near the ditch in the backyard of home_ Standing water with a slight odor was found around chlorination tubes. NOV will be generated and sent. Mulitple attempts at contanting owner as of 9/27/2024. Page# 2 Permit: NGG551132 Inspection pate: 09/24/2024 Owner - Facility: 6227 Dello Street Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ❑ 0 ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable ❑ ❑ 0 ❑ Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: The property had scattered debris and system appears to be in disrepair. 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? 0 ❑ ❑ ❑ # Are there any special conditions for the permit? ❑ ❑ 0 ❑ Is access to the plant site restricted to the general public? 0 ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? M ❑ ❑ ❑ 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? ❑ ❑ 0 ❑ Comment: The inspector was unable to locate the outfall pipe. Small ditch in backyard is resumed location. Small patch of dark cireen grass lust pass chlorinator may be rough location. Septic Tank Yes No NA NE (If pumps are used) Is an audible and visual alarm operational? ❑ ❑ ■ ❑ Is septic tank pumped on a schedule? ❑ ❑ ❑ 0 Are pumps or syphons operating property? ❑ ❑ M ❑ Are high and low water alarms operating properly? ❑ ❑ M ❑ Comment: Permit is expired due to not paying permit invoices since 2007. Have still not had contact with permit owner after repeated_attemptS. 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? ❑ ❑ M ❑ Is sand filter free of ponding? 0 ❑ ❑ ❑ Is the sand filter effluent re -circulated at a valid ratio? ❑ ❑ ■ ❑ Page# 3 Permit: NCG551132 Inspection Date: 09/24/2024 Owner - Facility: 6227 Dello Street Inspection Type: Compliance Evaluation Sand Filters Low rate # 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 4 ) Comment: Filter is subsurface. Disinfection -Tablet Are tablet chlorinators operational? Are the tablets the proper size and type? Number of tubes in use? Is the level of chlorine residual acceptable? Is the contact chamber free of growth, or sludge buildup? 1s there chlorine residual prior to de -chlorination? Comment: Black sludge in chlorinator pipe. Foul odor present in system. Yes No NA NE Yes Yes No NA NE ❑ M ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ❑ M ❑ Page# 4