WSDI.investors.realty 2008.11.22 Violation.of.State.code.for.the.Improper.installation.of.the.septic.tank.Access.risers ULed

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investors.realty 2008.11.22 Violation.of.State.code.for.the.Improper.installation.of.the.septic.tank.Access.risers
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  Daniel Brownxxx S. Wynn Wood Cir.Camden-Wyoming, DE 19934-4451xxx-xxx-xxxxNovember 22, 2008Re: Prohibited Water Softener Brine Discharge into Residential Septic Systems, June 17, 2008Prohibited Water Softener Brine Discharge into Residential Septic Tanks, June 24, 2008Dear Wynnwood Residents, June 16, 2008State Code Violations; Water Softener Brine Discharge, Septic Tank Risers, July 1, 2008Follow Up to State Code Violations; Water Softener Brine Discharge, Septic Tank Risers, July 12, 2008Dear Wynnwood Resident, Received July 11, 2008Investor's Realty1685 South State StreetDover, DE 19901302-736-0270Attention: Dave Gilgenast:Subject: Violation of State Code for the Improper Installation of the Septic Tank Access RisersInvestor's Realty/Wynn Wood LLC hereinafter will be referred to as Developer. Reference made to DelawareCode, State Code, the Code, State Code Exhibit, or regulations will refer to The Regulations Governing TheDesign, Installation And Operation Of On-Site Wastewater Treatment And Disposal Systems (Regulations).Investor’s Realty and DNREC should have copies of the above referenced letters. The srcinals are availablethrough me and copies are available in the Community Issue blog section of the Wynn Wood HomeownersAssociation web site at: http://wynnwoodhoa.spaces.live.com/blog/?fl=cat .As a homeowner I purchased my home to enjoy a peaceful retirement here in the state of Delaware. I expectedit to be an enjoyable event, not to read Regulations and Codes to ensure that a developer has developed myhome to established State Code standards.During the purchasing of a home the prospected home buyer relies on the confidence and professionalism of developer to ensure that all Codes are adequately met before the purchase, not to write extensive letters to adeveloper to have obvious code violations corrected which existed prior to the sale of the home and receive noformal responses to any of them. As stated on your web site, “We only sell in the communities we own, so weare always there after the sale.” and “remember we're here to serve you!”There are currently still unresolved issues/problems with my septic system most of which violate State Code andneeds to be corrected. The currently known issues/problems are;1.   Septic tank risers for the watertight access manhole covers do not extend above grade as per State CodeExhibit G (see Figure1 of Table1 attached), in violation of State Code.2.   Septic tank risers are not watertight as per State Code (see Figures 2 and 3 of Table1 attached), inviolation of State Code.  Dave GilgenastNovember 22, 2008Subject: Violation of State Code for the Improper Installation of the Septic Tank Access Riserspage 2 of 83.   Septic tank is prematurely deteriorating in several areas from corrosion which I fully believe was causedby the water softener brine being discharged illegally into my septic tank for three and one half (3 ½)years which was in violation of State Code (see Figures 4-8 of Table1 attached).4.   A Class H septic inspection was conducted on my system and not one of the above issues or that myDistribution Box (D-box) was extensively cracked (see Figures 9 and 10 of Table1 attached) was notedon the inspection report turned into DNREC. It is a requirement by State Code and the State septiclicensing requirements to report/record any defects found during any septic inspection.Known issues that have been resolved and/or are currently being resolved by Investor's Realty.A.   Installation of water softener dry wells to accept water softener brine discharge to correct the State Codeviolation.    There were fifty three (53) known homes where the water softener brine was allowed to bedischarged into the affected homeowners’ septic system in violation of State Code.    Mr. Andrew Strine of Investor’s Realty stated in a Homeowners Association meeting held onAugust 5, 2008 that they would install a dry well at no cost for each affected homeowner (or to thateffect). Currently I have knowledge of around forty eight (48) installed dry wells, and I understandInvestor’s Realty is continuing to install the remaining dry wells; thank you.B.   Septic system plastic D-box found having extensive cracks during a scheduled Class H septicinspection.    There were three (3) septic systems that Investor’s Realty had inspected as an average of theaffected homeowners where the brine was being discharged into the septic tanks. The averageinspection was to determine if the brine being discharged into the affected septic tanks has causedany type of damage to the affected septic systems. If damage was found then repair/replacementprocedures would be discussed.    All three (3) septic systems that were inspected were found to have cracked D-boxes and werereplaced by Investor’s Realty; thank you. But if the average inspection results determined thepossibility of damage to the septic system due to the brine being discharged into them, then thesame average can be used to determine if the remaining D-boxes within the development arepotentially cracked, so the possibility exists that most if not all are cracked. In writing to DNRECconcerning the D-boxes they stated to me: “There does seem to be a problem with the distributionboxes. I would concur that there may be more damaged boxes.”In researching these areas I found the following:Extract from the Regulations governing The Design, Installation And Operation Of On-Site WastewaterTreatment And Disposal Systems (Regulations), located on the Delaware Department of Natural Resourcesand Environmental Control (DNREC) web site.  Dave GilgenastNovember 22, 2008Subject: Violation of State Code for the Improper Installation of the Septic Tank Access Riserspage 3 of 8    SECTION 6.00000 -- DESIGN AND CONSTRUCTION 6.07217 - Each septic tank shall beconstructed with a watertight access riser for each compartment and shall extend above grade .    EXHIBIT G, Typical Two Compartment Septic Tank; Watertight Access Manholes Extended AboveGrade, Min 2”, Max 6” . In reference to issue number 1 above: my septic tank risers for the watertight access manhole covers areapproximately one and a half inches (1 ½”) below grade (see Figure1 of Table1 attached) which is clearly inviolation of State Code and was in violation prior to the sale of my home. I am sure that most if not all of theother 181 homes within the Wynn Wood community is the same way and was sold that way without thehomeowners having any knowledge it was in violation of the State Code. In reference to issue number 2 above: my septic tank risers are clearly not watertight (see Figures 2 and 3 of Table1 attached) which is in violation of State Code. The dirt can be seen forming around the area where waterhas been leaking into my septic tank. In reading material from the Tuf-Tite web site (assumed to be themanufacture due to the covers being stamped with their name) there should be watertight gaskets between therisers a “ Molded-in lid gasket .   No fighting with O-rings. Assures a watertight seal every time.” Clearly myrisers are not watertight as advertised.Reviewing my Site Plan dated 6/18/04 it clearly states: “SEE EXHIBITS, G, H & K FOR PROPERINSTALLATION OF SEPTIC TANK, “D” BOX & DRAINFIELD”. I requested a copy of my Septic Permitfrom DNREC and after receiving permit number 202181-S for the development of lot #95 it also had EXHIBITG, Typical Two Compartment Septic Tank as an attachment. I am sure that each and every homeowner withinthe Wynn Wood development has the same type documents pertaining to their home development on file withDNREC and they would all show the same thing.I know that no one would knowingly violate a State Code during the development of a home sub-division. TheSite Plan and Permit clearly state that the developer/contractor should have complied with Exhibit G for theproper installation of the septic tank as authenticated by their signature on the stated documents. Knowing thatInvestor’s Realty has requested and received a copy of the permits issued for each developed lot within theWynn Wood sub-division from DNREC, Investor’s Realty can also clearly see that the requirements were statedin the issued permits during development.Again it would appear that the developer/contractor who was responsible for the installation and setup of theseptic system made a conscious decision to willfully disregard the State Code by violating section 6.07217 bywillfully and knowingly not install the watertight access manholes to extend above grade as per Exhibit G of theRegulations. In reference to issue number 3 above: my septic tank is deteriorating in several areas from corrosion (seeFigures 4 thru 7 of Table1 attached) again which I fully believe this was caused by the water softener brinebeing discharged illegally into my septic tank for three and one half (3 ½) years. In speaking with the septiccontractors who have been at my home they stated that if the corrosion was caused by hydrogen sulphide gas(septic gases) forming in the tank which Investor’s Realty suggests it was that the corrosion from the septicgases would be premature for the age of my system. That septic tanks are vented to eliminate the buildup of gases and that the corrosion could be an indicator of a faulty tank.  Dave GilgenastNovember 22, 2008Subject: Violation of State Code for the Improper Installation of the Septic Tank Access Riserspage 4 of 8On June 12, 2008 I showed you the corrosion in my septic tank, which is in my opinion, is considerableseparation on the concrete wall caused by the brine that had been allowed to be discharged into the septic tank and soak into the concrete. As I stated, this was due to the unauthorized discharge of brine into my septic tank that caused the salt corrosion which will lead to the premature failure of the tank if its not repaired or replaced. I now have corrosion around the outlet baffle, underside of the tank adapter ring for the risers (whichwas cast into the tank when it was poured), and the passage hole in the dividing wall/baffle of the tank. Ifound this during the inspection conducted on my septic system on July 30, 2008, which was not noted asa “concern” on the inspection report sent to DNREC. According to information received from DNREC, no brine water was to be discharged into the septic system andthat brine discharge could have a corrosive effect on the septic system. I fully believe this has happened to myseptic tank and IS why DNREC requires a separate drain (dry well) for the water softener brine. In reference to issue number 4 above: During a meeting with Investor’s Realty on July 21, 2008 which youwere present Mr. Andrew Strine made a statement to the effect that no matter which septic inspector they haveinspect our septic systems everyone would believe they were working for the best interest of Investor’s Realty.I now fully understand exactly what was meant by Mr. Strine saying that.    Investor’s Realty had a Class H septic inspection conducted on my system July 30, 2008. After I notifiedDNREC that my septic system was inspected and that my D-box was replaced (DNREC had noknowledge of the inspection or replacement of the D-box) the inspection results were finally turned intoDNREC on October 1, 2008, a full two (2) months late, which is in violation of State Code and septiclicensing requirements, and only after DNREC made an inquiry about it. The report states that myinspection was conducted on August 8, 2008 and not on July 30, 2008 when it was actually conducted.    My septic system/tank had on July 30, 2008 when it was inspected: 1. An extensively cracked D-box. 2.  Risers for the watertight access manhole covers’ below grade. 3. Non watertight risers for the accessmanhole covers’. 4. Corrosion within my septic tank. I had even pointed out each of these areas to theseptic inspector and asked if they were ok, and they still were not noted in the report turned into DNRECas required by State Regulations.    After the completion of my septic inspection conducted on July 30, 2008 I waited for a copy of theinspection results to be sent to me for my records. After waiting two (2) months and not hearing anythingI requested a copy of the results from Investor’s Realty who had contracted for the septic inspection andwho should have received a copy of the completed inspection results from the inspector (which Investor’sRealty should have received on August 11, 2008). Investor’s Realty reply was that I needed to sign aSeptic Certification waiver from Weaver’s Sanitation which was dated August 8, 2008 in order to receivea copy of the inspection results from Investor’s Realty.I had no idea that Weaver’s Sanitation has administrative control over Investor’s Realty where a customeris required to sign a waiver to the inspector’s company before a document can be sent from the contractor(Investor’s Realty) who contracted for their services, a document which is publicly available andobtainable through DNREC (after they finally received it) where you are not required to sign a waiver inorder to receive a copy.
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