WQCSD0656_NOV-2019-DV-0246_20190611

ROY COOPER
Governor
MICHAEL S.REGAN is
Secretary
LINDA CULPEPPER NORTH CAROLINA
Director EnvBvmeental Quality
June 11, 2019
CERTIFIED MAIL 7012 1640 00019605 6976
RETURNED RECEIPT REQUESTED
David Charles Chief Executive Officer
DSLP Properties, LLC
6304 Resident Circle
Cary, NC 27519
Subject: Notice of Violation-Notice of Intent to Enforce
NOV-2019-DV-0246
Lynn Drive Apartments
Permit Number: WQCSD0656
Dear Mr. Charles:
On May 13, 2019, Person County Division of Environmental Health (DEH) received a
complaint of wastewater on the surface of the ground at the Lynn Drive Apartments in
Roxboro. On May 14th, Harold Kelly with Person County DEH visited the site and confirmed
that wastewater was flowing out of a broken cleanout in the sewer line located on property
owned by DSLP Properties,LLC. Mr.Kelly emailed the Raleigh Regional Office of the Division
of Water Resources a photograph and description of the problem at Lynn Drive Apartments.
Mr. Kelly visited the site again on May 23ra and confirmed that the sewage overflow had not
been repaired.
According to Person County DEH and the Town of Roxboro, this sewer collection system is
privately owned. DSLP Properties, LLC is the owner of Lynn Drive Apartments. It is the
owner's responsibility to operate and maintain this system. Because the system has a daily
flow below 200,000 gallons per day, the system is deemed permitted and must meet the
requirements of Rule 15A NCAC 02T .0403. Because there have been at least two other
documented releases of sewage at this facility,it has a deemed permit number designated by
the NCDEQ Division of Water Resources (DWR) of WQCSD 0656.
On Friday, May 20,you informed Ray Milosh of this office that you have had a maintenance
man regularly checking on the system and that he had not informed you of a problem. You
also told Mr. Milosh at that time that you had just visited the facility and not seen a problem.
Mr.Milosh spoke with you again on Monday,May 28,and you stated that you had visited the
facility on Monday, May 271h and had found the broken cleanout and sewage overflow. You
told Mr. Milosh that you and the maintenance man had missed it because it was in a hidden
D_E Q�,D North Carolina Department of Environmental Quality I Division of Water Resources
—' Raleigh Regional Office 1 3800 Barrett Drive I Raleigh.North Carolina 27609

NO-2019-DV-0246
June 11,2019
Page 2 of 8
location. You also stated thatyou had opened the lid and checked on the pump and the water
level was OK and that the pump was in working order.
On Tuesday, May 28, Mrs. Jane Bernard with the DWR Raleigh regional office (RRO)
photographed the broken cleanout. It was actively discharging sewage to the surface and
there was lush grass growing around it, indicating that it had been broken for some time.
The photos taken by Mrs. Bernard on May 28, 2019 are attached. DWR RRO staff also noted
that there is no sign at the site indicating who to call in the event of a problem.
On June 4,2019,you sent an email to Ray Milosh informing him that the blockage was cleared
and the damaged clean-out had been repaired.
The sewer overflow that occurred constitutes a violation of NCGS 143-215.1 (a) (1) and 15A
NCAC 02T.0403 (a) (1). A file review failed to reveal the receipt of a 24 notification or a 5-
day written report detailing the sewer spill as required by 15A NCAC 02T.0403 (7).
You are hereby notified that you are in violation of the following North Carolina General
Statutes and North Carolina Administrative Codes:
1) 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 Waters of the State."
2) 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."
3) 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. 143-215.1 C
4) 15A NCAC.02B .0506 (a) (2) `Every person subject to this Section shall report by telephone
to either the central office or appropriate regional office of the Division as soon as possible
but no later than 24 hours after occurrence or the next working day(however,if the
occurrence is one which may endanger the public health,or fish or wildlife, and contact
with the central office or the appropriate regional office cannot be made,such persons shall
report as soon as possible to the State Highway Patrol Warning point in State 1-800-622
7956 or out of state [phone]) following the occurrence of or first knowledge of the
occurrence of any of the following.
(A)Any failure of a collection system, pumping station or treatment facility resulting in
a by-pass without treatment of all or any portion of the wastewater.

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5) 15A NCAC 0213 .0506 (a) (3) Persons reporting such occurrences by telephone shall also
provide a written report to the Division in letter from setting out the information required
in Subparagraph (a) (4) of this rule and pertinent information pertaining to the
occurrence. This report must be received by the Division within five days following first
knowledge of the occurrence.
These violations and any future violations are subject to civil penalty assessment of up to
$25,000 per day per violation. THESE ARE REPEAT VIOLATIONS DOCUMENTED IN NOV-
2018-PC-0376 AND NOV-2019-PC-0454.
You are requested to respond to this letter in writing with 10 days of receipt. Your
response shall minimally address the following items:
1) Clearly detail and explain the cause of the overflow and what has been
completed/changed or repaired to correct the problem.
2) Explain why you did not notify the state within 24 hours of the discharge as required
by 15A NCAC 02B .0506 (a) (2).
3) Explain why there was no written report provided to this office within 5 days
following first knowledge of the wastewater overflow as required by 15A NCAC
0213 .0506 (a) (3).
4) Explain why you have not posted a sign with contact information sign indicating an
individual who can be notified when there is problem at this lift station.
5) Provide documentation of daily visitations (365 days per year) at the pump station
as required by 15A NCAC 2T.0403(a)(4). Provide the name and contact information
of the person who has been conducting the required visitations.
6) Explain how you will prevent future spills and ensure that the waste collection system
is properly maintained from now on.
Untreated waste (sewer) overflows from this pump station must be eliminated.
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 to
begin to resolve ongoing environmental issues.
This letter is to advise you that this office is considering recommending enforcement
action to the Director of the Division of Water Resources. The recommendation for
enforcement concerns the violations cited in the Notice of Violation (NOV-2019-PC-
OOS7) dated February 4, 2019,previously sent to you.

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If you wish to present an explanation for the violations cited, or if you believe there are
other factors which should be considered,please send such information to me in writing
within ten (10) days following receipt of this letter. Your explanation will be reviewed,
and, if an enforcement action is still deemed appropriate, your explanation will be
forwarded to the Director with the enforcement package for their consideration.
Failure to comply with conditions in a permit may result in a recommendation of
enforcement action, to the Director of the Division of Water Resources who may issue a
civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against
any "person" who violates or fails to act in accordance with the terms, conditions, or
requirements of a permit under authority of G.S. 143-215.6A.
Should you have any questions regarding these matters, please contact Ray Milosh at
[phone].
Sincerely,
cEolic`bL.G.,Assistant Regional Supervisor
Raleigh Regional Office,Water Quality Regional
Operations Section, Division of Water Resources
cc: Person County Health Department: 355 S Madison Blvd, Roxboro, NC 27573
Roxboro Public Utilities: PO Box 128 Roxboro, NC 27573
RRO-File Copy
DWQ-PERCS- Deborah Gore
Central Files

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No sign is posted indicating who
to call in the event of a sewer
malfunction.
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