NCG551257_NOV-2018-PC-0382_20181015

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ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
October 15, 2018
CERTIFIED MAIL 7016 2140 0000 4368 5449
RETURNED RECEIPT REQUESTED
Mr. Robert and Crystal Mann
2715 Brown Road
Hurdle Mills, NC 27541
Dear Mr. and lvtfs. Mann;
RECEIVED/DENR/Mr,
OCT 18 2018
Water Resources
Permitting Section
Subject: NOTICE OF VIOLATION/INTENT TO ENFORCE
NOV-2018-PC-0382
Single Family General Permit Conditions
Violations NCG55125r �7
Failure to Properly Operate and Maintain a
Waste Treatment System
2715 Brown Road, Hurdle Mills
Orange County
On August 8, 2018, staff with the Raleigh Regional Office (RRO) of the Division of Water
Resources (DWR) attempted to conduct a compliance inspection at 2715 Brown Road, Hurdle
Mills, Orange County, NC. At the time Mrs. Mann was present and stated that she knew the
system was malfunctioning and were having trouble finding a contractor to fix it. It was agreed
that she would get it fixed and call DWR for a return inspection. That same afternoon DWR
staff e-mailed a general list of Contractors and Engineer's that may be able to assist in the
repairs.
On August 23, 20018 RRO staff sent an e-mail to Mrs. Mama that stated we were trying to re-
schedule and that we would be in the area on September 7 with an arrival time between 1:00 pm
and 2:00 pin. There was no response.
On September 7, 2018, RRO staff conducted a compliance inspection on the subject facility. The
area was mowed, and the facility components were easy to find. RRO Staff observed the single
family wastewater treatment system was still not functioning properly. The following violations
were present -and on -going on the site.
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North,Carolina Department of Envii onmental Quality I Division of Water Resources
Raleigh Regional Office 13800 6an'elt Drive j Raleigh, North Carolina 27609
919,791.4200

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Operations and Maintenance; Part 1:
1) Condition 1, the tablet chlorinator and dechlorinator (if applicable) shall be inspected
weekly to ensure there is an adec_uate supply of tablets for continuous and proper operation.
At the time of this inspection there were tablets in the chlorinator but they were not
contacting the waste water and it had an excessive sludge accumulating in and around the
chlorine tubes.
Chlorinatoi with solids build up
2) Condition 2', 'treatment systems shall be maintained at all times to prevent seepage of
sewage to the surface or ground water.
Pump tank with waste seeping around lid
Waste and solids on the ground
3) .Condition 3,,septic tanks and secondary tank (recirculating/,pump tanks) shall be inspected
- at.least .yearly io deterinine of solids must be removed or if other maintenance is necessary.
Septic, tanks shall be pumped out every five years or when the -solids level is found to be
more than 1/3 of the liquid,depth, in any compartment; whichever'is greater.- All -tanks
should be emptied of their contents whenever any of the tanks meet this requirement.
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North Carolina Departme;tt of Environmental Quality 1 division of Water Resources
Raleigh'Regional Office 13800 Barrett Drive I Raleigh, North Carolma 27609
919 791,4200

Effluent filters shall be inspected at least once a year, cleaned and reinstalled or replaced.
1 Contents removed fiom septic tanks shall be disposed at a location and in a manner
compliant with all•local and state regulations. At the time of this inspection the pump tank
had waste seeping out of the top and the chlorinator had a significant buildup of solids.
4) Condition 4, all systems components, including but not necessarily limited to, septic tanks.
Surface sand filters, other filter components, pumps/recirculation tanks, controls and
alarms, disinfection units, chlorination apparatus, and the outfalls shall be maintained at
all times and in good operating order. At the time of this inspection the only component
that was working was the alarm which was silenced when I arrived.
Sand Filter Bed
5) Condition 6, 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 the
system malfunctioning is observed. Any visible signs of a malfiinctioning system shall be
documented, and steps taken to correct the problem. At the time of this inspection the
outfall could not be located. The area where it is expected to be was filled with cut logs
and debris.
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tviorth Carolina Department of Environmental Quality ! Division of Water Resources
Raleigh Regional Office 13800 Barrett Drive J Raleigh, North Carolina 27609
919.791.4200

Section B; General Conditions:
6) Condition 1) Duty to comply, the Permittee must comply with all conditions of this permit.
Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and°is
grounds for enforcement action: for pen -nit tennination, revocation and reissuance, or
modification: or denial or a permit renewal application (40 CFR 122.41).
Section C; Pro]2er 0]2eration and Maintenance of Pollution Controls:
7) Condition 2�he Permitted shall at all times properly operate andmaintain all facilities and
systems of treatment and control (and related appurtenances) which are installed or used
by the Permittee to achieve compliance with these conditions of this pen -nit. Proper
operation and maintenance also includes adequate laboratory controls and appropriated
quality assurance procedures. This provision requires the Pennittee to install and operated
backup or auxiliary facility only when necessary to achieve compliance with the conditions
of -the permit [40 CFR 122.41(e)].
All the above conditions and other general conditions of the permit can be found at the following
website:
hUp•//portal ncdenr or web/wq/swp/ps/npeies/g_enerWpoi its
(click on NCG550000 to access the general permit.)
Note: Attachment A also includes a checklist of conditions that could result in failure to comply
with permit conditions.
Requested Response
The Division requests that the Pennittee secure an engineer to inspect your existing system and
determine what repairs are needed and/or components need replacing to ensure that the system
functions as intended and meets the conditions of your permit including meeting the effluent
monitoring_lirnits contained in the permitPlease do this within 60 days and submit a written
response to this office detailing how you will ensure in a timely manner that the system is in full
compliance of the permit conditions and functions as intended.
If the engineer - detennines that any part of the system needs to be repaired or replaced, the
Pennittee should inform this office. The components that are required when replacing a system
are included in Section A of Part I of the general permit and in Attachment B of this letter. Before
construction begins, an Authorization to Constrict (ATC) must be secured from the DWR: To
apply for an ATC, you are required to submit the following:
a., A letter of request for an ATC to Charles Weaver, NPDES Permitting Unit,
Division of Water Quality; 1617'Mail Service Center, Raleigh, NC 27699-161-7.
b. Plans` and specifications of the proposed sandfilter system in, triplicate. Plans -and
specifications must be .drawn and submitted by a licensed' North Carolina
professional engineer.
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North,carolina 1?ep gment of Environmental Quality I Division of Water Resources
Ralelgh'Regipnal office 11 3800 Barrett Drive I Raleigh, North CarBlina 27609
919.791.4200

1 If you believe that the system is functioning properly, please provide recent effluent
monitoring results that demonstrate that the system is in compliance. This may be
accomplished by contacting a certified lab (provided in the packet that was given to you during
the inspection) to perfonn this analysis and submit the results to this office within 45 days of
receipt of this letter. The parameter monitoring limits can be found in Section A of Part I of the
general permit and in Attachinent B of this letter.
Thank you for your attention to this matter. This office requires that the violation, as described
above, be properly resolved in a timely manner. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Your
response to this letter will be considered as a part of any enforcement action
recommendations regarding this matter. Should you have any questions regarding these
matters, please contact me or Jane Bernard at [phone].
Sincerely, '
Danny Sir}, th, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Cc: D_ WR RRO file copy
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Orange County Health Department
Attachments:
General Permit Part 1 System Requirements
General Pon -nit Part 1 Monitoring Requirements
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worth Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609
919 791.4200

V The checked boxes below show what conditions were noted at your facility:
❑ Your home is improperly plumbed: Some of the wastewater discharges are going
directly to the environment without first passing through the treatment system. This must
be corrected immediately. Please submit a schedule to this,office within 20 days of
receipt of this letter that states your plan for correcting this deficiency. The work is to be
completed within the next 3 months.
❑ Disinfection: Your system is lacking disinfection, either chlorine tablets or a UV light
system. New rules put into place on August 1, 2007 require all SFR systems to have a
means of disinfection (and dechlorination when chlorine tablets are used to disinfect, if
the system was installed since that date). Since your system had no disinfection, the
installation is to include a chlorine tablet dispenser, a contact chamber capable of
providing a minimum 30 minute contact time, and another tablet dispenser that will hold
dechlorination tablets. Please submit a schedule to this office within 20 calendar days of
receipt of this letter that states your plan for correcting this deficiency.
® 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 enviromnent. The product label for these
tablets must indicate the tablets are approved for wastewater use and not for
swimming pools. The tablets were not contacting the waste water.
❑ Dechlorination: Your system was installed after August 1, 2007, so must have a
means of dechlorination located downstream of the chlorinator and its contact chamber.
See Disinfection paragraph above. Please submit a schedule to this office within 20
calendar days of receipt of this letter stating your plan for correcting this deficiency.
® 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. A pumping company can check
the status periodically and determine when pumping is required. Within 45-days of
receiving this letter, please let this office know the date the septic tank was last pumped
out.
E Failure to analyze the effluent: Part 1. A., 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 amlually.
Parameters to be sampled and analyzed include Flow, BOD (Biochemical Oxygen
Demand), TSS (Total Suspended Solids) Fecal Coliform and Total Residual Chlorine.
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
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North Carolina Department of Environmental Quality I Division df Water Resources
Raleigh Regional Offtce 13800 Barrett Drive I Raleigh, North Carolina 27609
919391.4200

not monitored your effluent within the last year, then please collect a sample of the
effluent, have it analyzed by a certified commercial laboratory and submit the results to
this office no later than
❑ Locations of treatment units are unknown: Determine this and report to this office
within 30 days of receipt of this letter with a sketch or snap.
® The discharge pipe could not be located. Please remove the vegetative overgrowth to
ensure the outlet is accessible. Please ensure the outlet, and access to the outlet, is always
maintained and cleared of vegetation, soil and other debris.
❑ Other: Any person who discharges or who proposes to discharge pollutants (domestic
wastewater) to the surface waters of the state or onto the surface is required to secure a
permit. It is'recommended that you consult with an engineer who is familiar with the
design and permitting of single family wastewater treatment and disposal systems. I have
provided a Permit Name/Ownership Change Forrn. Please complete the highlighted areas
and make sure the information is correct before signing. Return the form to the address
on the back within 30-days of receiving this letter.
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North Carolina Depat tment of Envu onmental Quality i Division of Water Resources
Raleigh Regional Office {3800 Barrett Drive ) Raleigh, North,Cacolina 27609
,9t9.791.420U