WSDI.dnreC 2009.10.16 Wynn.wood.Lot.95.Septic.tank.Replacement.due.to.corrosion ULed

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DNREC 2009.10.16 Wynn.wood.Lot.95.Septic.tank.Replacement.due.to.corrosion
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  Daniel Brownxxx S. Wynn Wood Cir.Camden-Wyoming, DE 19934-4451xxx-xxx-xxxxOctober 16, 2009Re: Dear Wynnwood Residents, June 16, 2008Prohibited Water Softener Brine Discharge into Residential Septic Systems, June 17, 2008Email RE: Wynn Wood Water Softener Drain Issue, June 24, 2008 1:22 PMProhibited Water Softener Brine Discharge into Residential Septic Tanks, June 24, 2008State Code Violations; Water Softener Brine Discharge, Septic Tank Risers, July 1, 2008Dear Wynnwood Resident, Received July 11, 2008Follow Up to State Code Violations; Water Softener Brine Discharge, Septic Tank Risers, July 12, 2008Follow Up to Investor's Realty letter to Homeowners, Dear Wynnwood Resident, July 15, 2008Official Request for DNREC's Investigation into Investor's Realty Inc. Alleged Code Violations, July 18, 2008Dear Wynnwood Resident, July 23, 2008Violation of State Code for the Improper Installation of the Septic Tank Access Risers, November 22, 2008Follow-Up to - Official Request for DNREC's Investigation into Investor's Realty Inc. Alleged Code Violations,July 16, 2009 Department of Natural Resources & Environmental Control (DNREC)Division of Water Resources, (Ground Water Discharges Section)89 Kings HighwayDover, DE 19901302-739-9947Attention: Susan Marsett, Program Manager I Subject: Wynn Wood Lot-95 Septic Tank Replacement Due to Corrosion Reference made to developer will refer to Investor's Realty Inc./Wynn Wood LLC. Reference made toDelaware Code, State Code, the Code, or regulations will refer to The Regulations Governing TheDesign, Installation And Operation Of On-Site Wastewater Treatment And Disposal Systems(Regulations) and Title 7 of the Delaware Code.As arranged by DNREC; on October 9, 2009, septic contractor Ken Darling & Sons removed andreplaced my corroded septic tank and corrected the code violations for the watertight access manholecovers not extending above grade; Weaver’s Sanitation conducted the pumping/cleaning.The removal and replacement of my septic tank went as expected. Ken Darling of Ken Darling & Sonsconducted himself as a true professional and in my option is a contractor who truly stands by his wordand cares about his business reputation and name (unlike Investor’s Realty). Ken Darling even stated hewould do the landscaping of the area after the tank has settled, something that I did not expect from thecontractor.Commendation should be given to Ken Darling & Sons, their records should reflect positively the effortsthey took to rectify the problem I had with the corrosion in my septic tank, and correcting the codeviolations for the watertight access manhole covers not extending above grade.I do disagree with the septic contractor paying for the replacement of my corroded septic tank andcorrecting the code violations for the watertight access manhole covers not extending above grade.  Susan Marsett, Program Manager IOctober 16, 2009Subject: Wynn Wood Lot-95 Septic Tank Replacement Due to Corrosionpage 2 of 3    The corrosion I fully feel was a direct result of Investor’s Realty negligence in violating the StateCode by allowing the illegal discharge of water softener brine into my septic tank. A violation of State Code fully and legally known to them to be in violation of State Code at the time my septicpermit was issued to them (shows their responsibility or “ culpability ”).    The septic contractor installed the septic system/manhole covers “as designed” and it was thedeveloper that later changed that “design”.That Investor’s Realty and not the septic contractor should absorb the full cost of replacing my septic tank and correcting the violations for the manhole covers. The State Code would call this “Good FaithEfforts” or “Voluntary Compliance” as there is still to my knowledge 362-code violations for thewatertight access manhole covers not extending above grade, violations, which I hope, will becorrected/rectified in reasonable time.As the developer stated: “We were not informed of this code, neither has it ever been enforced orviolations imposed by DNREC. Also this regulation was removed from the code from 1985 toMarch of 2002” . Their first statement is “false”, the second statement is possibly true, and who caresabout the third, my septic system was installed in 2004 .The areas of concern I have with the installation of my septic tank are with the inlet pipe being installedcrooked at the filling (photo 9), and the outlet pipe tank seal being cut (½ inch of the standard plasticgaskets lip was cut off to accommodate the pipes 45 deg fitting).I understand that the system is a gravity system and no noticeable seepage/leaking should be seen aroundthe seal areas (liquid level should be below the inlet seal and at seal level for the outlet seal). My concernis that when the excavation around the inlet pipe settles (not knowing how much of the pipe was insertedinto the fitting) would the pressure around the fitting connecting the two pipes together separate, and isthe expandable foam an acceptable sealant for use on septic systems (“everything” attached to my tank was sealed with it). Area of concern for DNREC: The attached pictures (3 thru 8) were taken during the replacement of myseptic tank and show numerous cracks around the tank. The cracks were mainly in the upper section of the tank and appear to be the same type of cracks as those found with the distribution boxes (D-box),stress cracks from being crushed from the top.While the tank showed no signs of seepage (in the lower section), it would appear that my septic tank, thefour (4) known cracked D-boxes and septic pipes all have suffered cracks caused by the developer/theircontractors during the development of the community. A potentially serious septic system problem thatcould lead to extensive repair bills by the homeowners.Concerning the issue of the watertight access manhole covers not being “watertight.” With my old septictank (and I am sure with the rest of the development) the developer had installed (for each tank lid) aseptic tank adapter ring (molded into the septic tank), 2 - 6 tall septic tank risers and a septic tank riserlid, all made from plastic (septic grade). The riser lid (apart from the in tank molded ring) was the onlypart of the septic access riser system that was secured (by screws) to anything. The adapter ring to riserand riser to riser were fitted by a basic tongue-in-grove system to each other and I am sure it is anacceptable system to use within the septic community.  Susan Marsett, Program Manager IOctober 16, 2009Subject: Wynn Wood Lot-95 Septic Tank Replacement Due to Corrosionpage 3 of 3So why did/do they leak. The problem I think is with the plastic access covers “ at or below grade, someare now below ” being the only part that is secured to anything. The lid is causing the lower riser with thetongue-in-grove system to “float” during periods of heavy rain allowing runoff to enter the septic tank.One possible solution for the rest of the Wynn Wood community is enforcing the Code by having thedeveloper (who changed the “design” not the septic contractor who had no control over the “design”)bring the septic tank watertight access manholes extend above grade, min 2”, Max 6” as the Code states.The other is to issue a waiver for the “riser extending above ground” requirements and add that it is ok forthem to “leak” or not be “watertight”, or is that two waivers! Knowing that the “non-watertight” risersare directly related to the “cover height requirements”, issuing a waiver only for the “covers heightrequirements” will not eliminate the “watertight” requirements.I know of  two (2) septic tanks , four (4) distribution boxes , and one (1) septic pipe (and there could bemore ) that required replacement/repairing within a few years of the community being developed byInvestor’s Realty, concerns well worth noting within DNREC.As I have stated in my prior letter. Adding “one” word (“ final ”) to the regulation would eliminate the“developer’s not knowing” about the regulation requirements and hold them totally responsible for thedevelopment and keep them from trying to pass off their responsibility to a sub-contractor. You candelegate your duty; you cannot delegate your responsibility.IE: Regulation reads:    “a watertight access riser for each compartment and shall extend above grade”    “watertight access manholes extend above grade, min 2”, Max 6”    “All above grade access covers shall be water tight and secure from vandalism”    changed to read:    a watertight access riser for each compartment and shall extend above “final” grade    watertight access manholes extend above “final” grade, min 2”, Max 6”    All above “final” grade access covers shall be water tight and secure from vandalismAs the developer stated: “We were not informed of this code, neither has it ever been enforced orviolations imposed by DNREC. Also this regulation was removed from the code from 1985 toMarch of 2002” .Thank you and your office for the assistance you have provided.Sincerely, //s// Daniel BrownEnclosures: 1; Attachment 1: Condition of replaced/new septic tank, 3 pagescc: Virginia George, PresidentWynn Wood Homeowners Association,Dave Gilgenast,Investor’s Realty,DGilgenast@I-Realty.com     Attachment 1: Condition of replaced/new septic tank - page 1of 3  Photo-1 Old septic tank corrosion 30 Jul 08 Photo-2 Old septic tank corrosion 9 Oct 09, significantcorrosion also around the tank adapter rings Photo-3 Old septic tank cracks (outside wall)  Photo-4 Old septic tank cracks (outside wall)  Photo-5 Old septic tank cracks (outside wall), lowerright arrow shows moisture from tank   Photo-6 Old septic tank cracks (outside wall)  
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