CHAPEL HILL — One of Chatham County’s biggest developments appears to have a sewage problem.
Briar Chapel’s sewer lines have spilled about 23,000 gallons of raw, untreated sewage since July 2017, and according to records from N.C. Dept. of Environmental Quality (DEQ), the community has logged 14 separate “sanitary sewer overflows” since that time, with nine overflows occurring since the start of this year, and that the company failed “to effectively manage, maintain, and operate the subject collection system.”
A majority of the causes listed for the overflows were pipe failures in the community with a majority of those spills finding their way to Pokeberry Creek, a tributary for the Haw River. The sewer lines are owned by Old North State Water Company and maintained by Envirolink.
DEQ has sent two letters of violation to Old North State Water Company. The first, on Oct. 30, 2017, was for a “pipe failure” on Hillcreek Blvd. The second letter of violation was sent in August for three separate incidents.
The first occurred on April 18 at the pump station located on Great Ridge Parkway. The second happened June 5 at 480 Beacon Ridge Blvd. with the third on June 11 at a lift station on Great Ridge Parkway.
In total, those spills resulted in 4,000 gallons of raw sewage seeping out of lines, joining more than 10,000 gallons spilled into the area in recent months, according to DEQ.
According to Christy Simmons, public information officer for N.C. DEQ, these spills “appear to be caused by pipe failures and construction equipment.” The violation letters include language demanding a remedial actions and a written response to the department within 15 days of the date of the letter — otherwise Old North State Water Company may be assessed a “civil penalty.”
“The Department has the ability to impose civil penalties for violations of rules, permit conditions, water quality standards and can impose civil penalties or request injunctive relief for serious non-compliant permittees,” said Christy Simmons, a public information officer for N.C. DEQ.
Based on court documents from the N.C. Office of Administrative Hearings, Old North State Water Company and N.C. DEQ reached a settlement for the that violation. According to the documents, N.C. DEQ initially instituted a civil penalty in the amount of $11,000 plus investigation fees, but the two parties agreed on a settlement amount just over $7,700. According to N.C. DEQ, the department is “working through the enforcement process regarding the sanitary sewer overflows.”
In addition to problems with its sewer lines, Old North State Water Company, Briar Chapel and the Briar Chapel Community Association have all received letters of violation from the Chatham County Watershed Protection Department regarding issues with soil erosion and sedimentation control. The first letter, dated June 7, noted that “land-disturbing activities” had extended beyond the lines denoted in the plan approved by the county. In addition, the company failed to relocate tree protection fencing to the proper location prior to construction to its sewer lines. The company also disposed of “spoil material” outside of the approved limits.
Two additional letters of violation were sent to the companies in August. The Aug. 15 letter outlined similar concerns with “land-disturbance” outside of “approved limits” in at least five instances. In addition, the letter said the company did not take the “proper measures to install erosion and sedimentation control devices and practices that are sufficient to retain sediment.”
The letter also noted that the company was required to “cease all equipment operations and land-disturbing activities” in the affected area, “stabilize all areas outside of the approved limits” and “submit a revised soil erosion and sedimentation control plan.” The company had seven days to comply or it could be subject to a civil penalty of up to $5,000 a day.
Two weeks later, the county sent an additional letter noting that “the violations have not been corrected.” The letter noted that the stabilization efforts for not completed thoroughly and that exposed soil in wood lines, on walking paths to substations, along the dam, and behind tennis courts were all “susceptible to erosion.” It alerted the companies that they are now “potentially accruing daily penalties, of up to $5,000 per day.”
On September 16, Chatham County sent all three parties a notice of civil penalty assessment in the amount of $15.050 for “continued violations of the Chatham County Soil Erosion and Sedimentation Control Ordinance.” The letter also outlined how the county calculated the penalty. For the type of violation, it assessed $30 per day with an additional $100 per day for the “degree and extent of harm caused” and a $125 a day penalty for failing to adhere to the plan submitted to the county. They were also charged $1,000 for having a “prior record” of violations and an assessment of $250 per day because the county asserts the violations were willfully committed. The total penalty was assessed for Aug. 15 to Aug. 28 or ten working days.
Old North State Water Company did not respond to inquiries from the News + Record.
Casey Mann can be reached at CaseyMann@Chathamnr.com.