NEWS FROM THE DELAWARE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
July 16, 2009
Vol. 39, No. 303
For further information, contact Ronald Graeber, Ground Water Discharges Section, Division of Water Resources, 302-739-9948, or Joanna Wilson, Public Affairs, 302-739-9902.
DNREC issues notice of $15,720 penalty assessment
for wastewater violations at Pintail Pointe Development near Milton
DOVER - Delaware Department of Natural Resources and Environmental Control Secretary Collin O’Mara has issued a Notice of Administrative Penalty Assessment and Secretary’s Order for groundwater discharge violations to Regent Group Property Development LLC and its property manager, Wilma Howett, who are the permit holders for the wastewater system at the Pintail Pointe housing development near Milton.
A cash penalty of $15,720 is being assessed for the violations and $2,358 in estimated costs associated with the action are included in this action. In addition to the penalty and estimated costs, DNREC has included the costs of a third- party contractor who, on two occasions, was hired to pump the system so that residents could remain in their homes.
Located on the west side of county road 258, just west of Route 1, in Sussex County, Pintail Pointe is a small development with its infrastructure in place and a few homes completed and occupied with more under construction. Its wastewater needs are served by a community onsite wastewater treatment and disposal system.
Regent Group Property Development and Ms. Howett failed to contract with a DNREC-licensed wastewater operator to operate this onsite system in accordance with the permit. This lack of maintenance caused the system to suffer neglect and become mechanically inoperable, thereby causing surfacing of wastewater effluent on the ground and into a nearby ditch. Repeated attempts by DNREC to contact the permit holders to resolve the violations were ignored.
The order requires the permit holders to complete the following actions within 30 days of the receipt of the order:
- Pump the system to prevent surfacing;
- Contract with a DNREC-licensed wastewater operator to oversee daily operations of the facility;
- Contract with a Class C Design Engineer to perform mechanical testing of the entire disposal system;
- Contract with a DNREC Class E System Contractor to repair the system as deemed necessary; and
- Perform infiltration testing on the collection system.
Regent Group Property Development and Ms. Howett have 30 days to request a public hearing before the order become binding.
