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HomeMy WebLinkAbout20071315 Ver 1_Notice of Violation_20070130Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality January 30, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 0810 0002 6048 5755 Real Estate Associates Inc. PO Box 52328 Durham, NC 27717 Subject: NOTICE OF VIOLATION / NOTICE OF INTENT TO ENFORCE Real Estate Associates Inc, Mobile Home Park, 2108 US 70 Highway Unpermitted discharge of wastewater Durham County Dear Real Estate Associates Inc: As a result of a site visit to the subject property, it has come to the attention of the North Carolina Division of Water Quality that Real Estate Associates Inc., Mobile Home Park at 2108 US 70 Highway 40 is discharging wastewater from a failing wastewater treatment system and discharging without an NPDES Permit to surface waters of the State of North Carolina. Municipal sewer may be available to the 2108 US 70 property. We strongly recommend connection to municipal sewer, rather than pursue a permit from the state to discharge wastewater. It may be more economically feasible for you to connect to the City of Durham sanitary sewer line. For sanitary sewer connection contact Justin Miller, Steve Burton or Maurice Smith of Engineering Services at 919-560-4326. As per regulation 15A NCAC 02H .0 105, any person who discharges or who proposes to discharge pollutants to the surface waters of the state is required to complete, sign, and submit in triplicate an NPDES application (Copy attached) package for wastewater discharge. Therefore you are required to submit the following: 1. Completed and signed NPDES Application -Form D (Copy attached) for an NPDES Permit. 2. $715.00 processing fee made payable to NC DENR. 3. Engineering Alternative Analysis. (Guidance document attached) 4. Submit plans and specifications of your proposed system. Your treatment system must be designed to properly treat 120 gallons per day per bedroom in each mobile home combined. 5. Submit a request for an NPDES Permit and Authorization to Construct. Nne NrhCarolina aturally North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 571-4700 Customer Service Intemet h2o,enr.state,nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX (919) 5714718 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycledl10% Post Consumer Paper Re. Associates Inc. NOV 2007 Compliance with the above items must be achieved by February 28, 2007. Please respond within 15 days of receipt of this letter with the specific actions of compliance that you plan to make. Real Estate Associates Inc. is currently discharging wastewater to the surface waters of the State of North Carolina without having been issued an NPDES permit to discharge. The discharge of wastewater from the mobile home park at 2108 US 70 Highway to waters of the State without a permit is a violation of NCGS 143-215.1(a)(1). If you fail to properly respond to this letter, this office intends to prepare a recommendation for enforcement to the Director of the Division of Water Quality that civil penalties be assessed against Real Estate Associates Inc. for discharging wastewater generated from the mobile home park without a NPDES Permit. NCGS 143-215.6A(2) provides that violations of 143-215.1 may incur civil penalties up to $25,000 per violation per day. If you have any questions, please contact Mack Wiggins at 919-791-4200. Sincerely, Charles Wakild Surface Water Supervisor Raleigh Regional Office cc: Central Files Raleigh Regional Office, Surface Water Protection Durham County Health Depart Joe Jernigan, Real Estate Associates Inc. James Allen, Real Estate Associates Inc 1 t .i Maw -quo-