WQCSD0682_NOV-2018-DV-0289_20181015

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ROY COOPER 'rivr'rontnerited Quality
MICHAEL S%REGA
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October 15, 2018 OCT at 18 20/8 Oj'
CERTIFIED MAIL 7017 0190 0000 9569 9654 Per er�esa(�r
RETURNED RECEIPT REQUESTED �Q s •ce
Hawthorne-Midway Dunhill, LLC
Registered Agent: Samantha Davenport
806 Green Valley Road, Suite 311
Greensboro, NC 27408-7076
Subject: Notice of Violation—Notice of Intent to Enforce
NOV-2018-DV-0289
Hawthorne Trace Apartment Homes (WQCSD0682)
Green Lantern Street, Wake County -
Dear Ms. Davenport:
This office received a complaint on Sunday, October 8, 2018 that a wastewater pump station at 8224
Green Lantern Street at the Hawthorne at the Trace Apartment Homes was malfunctioning which
caused a Sanitary Sewer Overflow(SSO). This complaint was phoned into the 911 dispatch, and the
Raleigh Fire Department and the City of Raleigh Utilities department responded. Their site visit
_ confirmed that the subject pump station was not part of the City of Raleigh's infrastructure, but was
instead a private pump station.
Danny Smith, Raleigh Regional Office Supervisor with the Division of Water Resources arrived on site
on October 8, 2018 at approximately 4:00 p.m. A pump truck was on site (Total Environmental Septic)
and had pumped the pump station's wet well down to prevent ongoing wastewater discharges. The area
around and behind lift station had waste solids accumulated from the wastewater overflow. Downslope
from the pump station the sewer overflow entered into an unnamed tributary (stream) which coursed
under Glenwood Avenue (Hwy 70)flowing downstream toward Lake Ann.
North Carolina Department of Environmental Quality I Division of Water Resources Quality I Raleigh Regional Office
1628 Marl Service Center I Raleigh,North Carolina 27699-1628
01 Q 701 r?Illi

2
The site visit revealed: 1) audible and visual alarms at the pump station were not functioning, 2) no
lock was on the pump station fence/gate, 3) no emergency contact signage was present at the lift station,
and 4) both pumps were not operational and the floats did not function properly. The sewage flowed
from the pump station through a riparian (streamside) area into an unnamed tributary to Lake Ann, a
Class B, Nutrient Sensitive Water(NSW) in the Neuse River Basin.
The above sewer overflow constitutes is a violation of NCGS 143-214.1 (a) (1) and 15A NCAC 02T.0403 (a)
(1), (3),(4), and (7) which respectively states 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 Water s of the State."
15A 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) (3)
An operation and maintenance plan including pump station inspection frequency, preventative
maintenance schedule, spare parts inventory and overflow response has been developed and
implemented.
15A NCAC 02T.0403 (a) (4)
Pump stations that are not connected to a telemetry system (i.e., remote alarm system) are
inspected by the permittee or its representative every day (i.e., 365 days per year). Pump stations
that are connected to a telemetry system are inspected at least once per week.
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. 143-215.1C.
These violations and any future violations are subject to civil penalty assessment of up to$25,000 per
day per violation. Please see attached copy of the rules regarding waste NOT discharged to waters and
spill reporting requirements. Please respond to this letter in writing with 30 days of receipt. Your
response should minimally address the following items:
1) Pump stations that do not have telemetry require visitation daily (7 days a week). Please explain
whether this visitation has been occurring.
North Carolina Depariinentof Environn,eilal Quality I Division of water Resouices Quality I Raleigh Regional Office
1628 Mail Seivice Center I Raleign,North Carolina 27699-1628
090 701 n7(lr1

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2) Going forward, please explain how you will ensure the pump station is inspected by the
permittee or its representative every day(i.e., 365 days per year).
3) Please clearly explain when (date and time) Hawthorne Trace Apartment Homes staff or
Hawthorne-Midway Dunhill, LLC staff/representatives were notified of the Sewer System Over
flow (SSO) and who notified Hawthorne Trace Apartment Homes staff.
4) Please explain when the SSO occurred and when the system was found to be discharging by
Hawthorne Trace Apartment Homes staff and/or Hawthorne-Midway Dunhill, LLC
staff/representatives.
5) Clearly detail all the repairs that were made to the lift station (floats, pump failure, telemetry,
alarms etc.) in your written response. Specifically, detail in your response whether both pumps
are currently operational, and if audio and visual alarm are operational. (If they are not
operational, please explain when they will be back in operation.)
6) Specifically, detail in writing what recent visitation frequencies and maintenance that has
occurred at this pump station starting from January 1, 2018 to date of this correspondence.
7) Please explain what changes you are planning to implement to ensure spill reporting
requirements are followed, clean-up efforts are timely, and waste collection systems are
properly maintained.
8) Finally, please describe measure taken to clean up the affected stream and areas around the lift
station.
Please respond to each of these items within 30 days of receipt of this letter. 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 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 in order to begin to resolve
ongoing environmental issues.
North Carolina Department of Environmental Quality I Division of Water Resources Quality I Raleigh Regional Office
1628 Mail Service Center I Raleigh,North Carolina 27699-1628
010 7[11 ,y)nn

4
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 above-mentioned response to this
correspondence will be considered in any civil penalty assessment process that may occur. Should you
have any questions regarding these matters, please contact me [phone].
Sincerel, ,
S. Daniel Smith
Water Quality Regional Supervisor
Raleigh Regional Office
Cc: Brent Bailey- 806 Green Valley Road, Suite 311,Greensboro, NC 27408-7076
RRO—File Copy
DWQ—PERCS—Deborah Gore
Central Files, Permit Files
Attachments:
Reporting Requirements-Sanitary Sewer Overflow (SSO) (page 5)
Deemed Permitted by Regulation Requirements(Page 6)
•
North Carolina Department of Envuonrnental Quality I Division of Water Resources Quality I Raleigh Regional Office
1628 Mail 5eivi e Center I Raleigh,Norm Carolina 27699-1628
010 701 Anon