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HomeMy WebLinkAboutACSA199400001 Review Comments 1994-05-26 • (7 FECEIVED JUN i 1994 • COMMONWEALTH of VIR IN f'Lanning Dept. In Cooperation with the Thomas Jefferson Health District ALBEMARLE- CHARLOTTESVILLE State Department of Health FLUVANNA COUNTY A) 1138 Rose Hill Drive GREENE COUNTY (STANARDSVILLE)R Office of Environmental Health P. O. Box7546 LOUISA COUNTY (LOUISA) . Phone (804) 972-6259NELSON COUNTY (LOVINGSTON) FAX (804) 972-4310 Charlottesville, Virginia 22906 May 26, 1994 Mr. Wayne Cilimberg Albemarle County Office Building Department of Planning & Community Dev. 401 McIntire Road Charlottesville, VA 22902-4596 Dear Mr. Cilimberg: As per your request, the following outlines the pertinent history of the sewage disposal problems at the Charlottesville Oil Company: February 22, 1994: Complaint received by this office from Clinton Butts, UVA Environmental Health and Safety office, 982-4907, regarding leaking septic system, stream contamination. February 25, 1994: Site investigation confirms septic system problems. Mike Jones of Charlottesville Oil Company attributed problems to storm water run- off/landscaping on property adjacent to the west. He discussed this with Jack Kelsey, Albemarle County Engineering, reportedly on February 24, 1994. March 4, 1994: Sent certified letter to Charlottesville Oil Company, c% Mike Jones, outlining problem and possible avenues to remedy, namely: (1) repair/replace existing subsurface sewage disposal system or (2) hook up to public sewer. March 29, 1994: Having received no response from earlier letter, second certified letter was sent to Charlottesville Oil Company, c/o Mr. James F. Delaney. A ten (10) day deadline was given for response. April 1, 1994: Page Williams of Feil,Deinbein, Petit, & Williams, PLC, attorney for Mr. Delaney, contacted me. He stated he was in process of contacting parties listed as recipients of March 29th letter. I told him that regardless of circumstances which led to drainfield system malfunction/failure, owner of property is responsible for correcting situation. Pumping of septic tank will be required. 11, April 11, 1994: Complaint received by this office regarding raw sewage on ground entering lake from Michael Walton, 972-2244. April 21, 1994: Called Page Williams. Page gives me update on attempts to acquire permission to hook up to public sewer. Advised him of need to pump out septic tank. I requested status report which was received .... April 27, 1994: Letter received from Page Williams. April 29, 1994: Environmental Health Supervisor, Jeffrey T. McDaniel, contacted Page Williams to assure septic is being pumped and will continue to be pumped regularly until some other means is achieved to dispose of sewage. May 5, 1994: Fax from Page Williams with receipt of septic tank being pumped April 29, 1994 May 13, 1994: Application for sewer hook up received by county according to Mr. Cilimberg. May 24, 1994: Conversation with Mr. Cilimberg to review each agencies involvement, expectations, and procedural requirements. I hope you will find this information helpful. Please contact me if there is anything more that I can do for you. Thank You. Sincerely, James P. Fulcher, Environmental Health Specialist pc: Jeffrey T. McDaniel, Environmental Health Supervisor File "rha�i�7 COMMONWEALTH of VIRGINIA In Cooperation with the Thomas Jefferson Health District ALBEMARLE— CHARLOTTESVILLE State Department of Health FLUVANNA COUNTY (PALMYRA) 1138 Rose Hill Drive GREENE COUNTY (STANARDSVILLE) Office of Environmental Health LOUISA COUNTY (LOUISA) Phone (804) 972-6259 P. O. Box 7546 NELSON COUNTY (LCVINGSTON) FAX (804) 972-4310 Charlottesville, Virginia 22906 Charlottesville Oil Company c/o Mike Jones PO Box 6340 Charlottesville, Virginia 22906 Dear Mr. Jones, March 4 , 1994 A complaint has been received in this office regarding the property of the Charlottesville Oil Company located on State Route 250 West. The nature of the complaint was that there was a leaking septic system which had resulted in sewage exposed on the surface and contamination of nearby surface waters. It is our responsibility to investigate all such complaints for validity, and seek corrective action where indicated . On a visit to the site, and upon speaking with you on February 25 , it was determined that there is indeed a problem with the septic system, particularly with the absorption trenches. It appears as if there has been an accumulation of storm water runoff in the area of the drainfield and this has added to the problem of a saturated soil with inadequately treated sewage coming to the surface. According to my supervisor, Jeffery McDaniel , there has been reported problems with this drainfield in the past. It is suspected that this drainfield has reached the end of its useful life, and therefore must be abandoned . While there may have been several contributing factors in the failure of the drainfield system, it is in the interest of public health that remediation of the current situation be implemented as soon as possible. Exposure to untreated human sewage can create serious health risks. It is required that you take corrective action to solve this problem. Enclosed you will find an application for a Sewage Disposal Permit. Upon completion of this application and submittal to this office, an Environmental Health Specialist will conduct a site investigation to identify an alternative site in which to install a repair drainfield system. It is important to note that this option may prove somewhat difficult in that much of the property has been paved. Prior to making a site visit, you will be responsible for identifying the location of all underground utilities, fuel tanks , etc. You will also be required to provide a backhoe so that an accurate evaluation of soil /site conditions may be attained. It is suspected that much of the site has been disturbed or filled which may preclude its use for subsurface sewage disposal . If no suitable site is identified it may be necessary to pump the sewage effluent to a site upslope, or even offsite, if easements, etc. can be approved . Another option, which is considered a long term solution, and is preferred by the Health Department, is that the plumbing for the businesses at the site be connected to the public sewer system. Gaining approval for such a hookup is your responsibility, but is certainly supported by this office. In fact, if all other options are exhausted , this may ultimately be the only solution for sewage disposal for this property. You have ten days from receipt of this letter to notify us on your intentions to remedy the existing leaking sewage system. Please return the enclosed application , or let us know of your progress in attaining a connection to central sewer. To prevent continued contamination by sewage being exposed on the ground surface, you shall have your septic tank pumped . It is necessary that you continue to have the tank pumped until a time that a repair system can be installed, or connection to the sewer system is made. If you have any question on this matter, please contact me at the number above. Thank you for your prompt attention to this matter. ted es P. Fulcher Environmental Health Specialist COMMONWEALTH of VIRGINIA In Cooperation with the Thomas Jefferson Health District ALBEMARLE- CHARLOTTESVILLE State Department of Health FLUVANNA COUNTY (PALMYRA) 1138 Rose Hill Drive GREENE COUNTY (STANARDSVILLE) Office of Environmental Health LOUISA COUNTY (LOUISA) Phone (804) 972-6259 P. O. Box 7546 NELSON COUNTY (LCVINGSTON) FAX (804) 972-4310 Charlottesville, Virginia 22906 Charlottesville Oil Company CERTIFIED MAIL c/o James F. Delaney, registered agent PO Box 6340 Charlottesville , Virginia 22906 Dear Mr. Delaney, March 29 , 1994 According to our records , you have received a correspondence from this office dated March 4 , 1994 , regarding a complaint we have investigated regarding a leaking septic system at the Charlottesville Oil Company . As you know, this letter requested that you remedy the sewage problem believed to exist on your property on State Route 250 West. Since we have not had a response from you, we are forced to pursue stricter measures to ensure compliance with State Sewage Regulations and protection of the public health . It is believed that the problem with your septic system still exists . As part of Title 32 . 1 of the Code of Virginia, the State Board of Health is responsible for protecting the public health and insuring that all sewage is disposed of in a safe and sanitary manner . According to Part I , article 1 , section 1 . 8, of the Sewage Handling and Disposal Regulations " the discharge of untreated sewage onto the land or into waters of the Commonwealth is prohibited ; " . The serious health risks that may result from the exposure to untreated human sewage is outlined in the attached memorandum from the State Health Commissioner. As per Part II , section 2 . 23 of the Sewage Handling and Disposal Regulations , there appears to be evidence that there is a failing sewage disposal system on your property and thus requires correction . As outlined i n the certified letter delivered to your property March 8, your options for compliance are to make application for a Sewage Disposal Construction permit so that we may investigate the possibility of repairing the existing system, or to hook up to the central sewer system. It should be reiterated here that the public sewer system is considered the best option for you for a permanent method of sewage disposal . If this option is available to you , it is recommended that you pursue it to the fullest. page 2 Since you have not initiated any steps to resolve this matter, we will apply to the magistrate ten days from your receipt of this letter for a summons for you to appear in court for final resolution of this issue. If you have any question on this matter, please contact me at the number above. We trust that this letter will be sufficient and no further action will be necessary to bring you into compliance with the Virginia Sewage Handling and Disposal laws. Jamesa/:1Cher Environmental Health Specialist Attachment pc : Mr . Larry Davis, Albemarle County Attorney Robert Tucker, Albemarle County Executive Susan McLeod, MD, MPH, Director Donald B. Hackler, R. E.H. S . , Environmental Health Manager Bill Brent, Albemarle County Sewer Authority 44? FELL, DEINLEIN, PETTIT & WILLIAMS, P.L.C. s8 ATTORNEYS AT LAW RALPH L.FEIL 530 EAST MAIN STREET JAMES N.DEINLEIN DAVID H.PETTIT P.O.BOX 2057 TELEPHONE J.PAGE WILLIAMS CHARLOTTESVILLE, VIRGINIA 22902-2057 (804)979-1400 CATHERINE J.WOMACK RICHARD HOWARD-SMITH TELECOPIER FRED G.WOOD,JR. (804)977-5109 DAVID B.FRANZEN PETER B.VADEN April 27, 1994 MARK F.LEEP Mr. James P. Fulcher Environmental Health Specialist Commonwealth of Virginia Thomas Jefferson Health District P. O. Box 7546 Charlottesville, VA 22906 In re: Charlottesville Oil Co. , Incorporated Dear Mr. Fulcher: Thank you for your telephone call on April 21, 1994 . You asked for a status report on matters raised in your certified letter of March 29 , 1994 to Mr. Dulaney at Charlottesville Oil regarding the septic system which was then allegedly leaking. You indicated that you had received another complaint about this system. As I mentioned to you, when Mr. Dulaney brought the letter in to my office we made numerous telephone calls together to try to define the scope of Charlottesville Oil's problem and the potential range of solutions. Calls were made to your office; County Attorney Larry Davis; Bill Brent and Pete Gorham of the Albemarle County Service Authority; Jim Bowling, attorney for the Albemarle County Service Authority; and County Executive Bob Tucker. What we found was that the process of simply hooking on to the County Service Authority lines located very near to the Charlottesville Oil property was not a simple matter indeed. Apparently the matter requires the intervention of the Albemarle County Board of Supervisors to extend the jurisdictional limits of the Albemarle County Service Authority for sewer lines. We were directed to contact Wayne Cilimberg of County Planning and Paul Shoop of the ACSA. Mr. Dulaney then took over trying to contact these gentlemen and indicated to me that he made four calls to Shoop and five to Cilimberg between April 8 and when he finally talked with Shoop on the 18th and with Cilimberg on the 22nd. When I spoke with Mr. Dulaney on the Mr. James P. Fulcher April 27, 1994 Page two 22nd, he indicated to me that he was expecting to get an application from Mr. Cilimberg's department. We understand that there is an ACSA line across Route 250 from Charlottesville Oil and also a manhole approximately 50 feet west of the property on the same side. I also spoke with Mr. Dulaney about the additional complaints you had received. I understand from him that Charlottesville Oil caused the septic tank to be pumped on April 7 by Ed Hunt and Son. On behalf of Charlottesville Oil Co. , let me say that we appreciate your patience with us in dealing with this situation. V tr ly .y urs, . Pag Williams JPW/nng cc: Mr. James F. Dulaney, Jr.