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HomeMy WebLinkAboutAUTH-09-2021-157808.TIF (31 catawba county public health 10/24/2022 Robin Spindler 107 Berchman Dr Rochester, NY 14626-1285 Subject: Notice of Intent to REVOKE the Improvement Permit and Authorization to Construct for 5202 Glenwood St, Sherrills Ford, NC PIN 461603110511 Catawba County Permits IMPV-09-2021-157807 and AUTH-09-2021-157808 To Whom It May Concern: The Environmental Health Division of Catawba County Public Health intends to revoke your Improvement Permit and Authorization to Construct 30 days from the date of this notice. If the permits are revoked, you must apply for a new Improvement Permit and Authorization to Construct (IP/AC) and meet the requirements of the current laws and rules necessary to obtain a new IP/AC. You have a right to an informal review of this decision.You may request an informal review by the environmental health supervisor at the local health department. You may also request an informal review by the NC Department of Health and Human Services Regional Soil Scientist. A request for informal review must be made in writing to the local health department. You also have a right to a formal appeal of this decision. To pursue a formal appeal, you must file a petition for a contested case hearing with the Office of Administrative Hearings 1711 New Hope Rd, Raleigh, NC 27609. You may write the Office of Administrative Hearings, call the office at(984)236- 1850 or get a copy of the petition form from the OAH web site at http://www.oah.nc.gov . The petition for a contested case hearing must be filed in accordance with the provision of North Carolina General Statutes 130A-24 and 150E-23 and all other applicable provisions of Chapter 150B. North Carolina General Statute 130A-335 (g) provides that your hearing would be held in the county where your property is located. catawbacountync.gov Environmental Health Cctcwbo County Government Center 25 Government Drive I PO Box 389 I Newton NC 28658 1828.465.8270 MAKING. LIVING. BETTER. If you wish to pursue a formal appeal,you must file the petition form with the Office of Administrative Hearings WITHIN 30 DAYS OF THE DATE OF THIS LETTER. The date of this letter is 10/24/2022. Meeting the 30-day deadline is critical to your formal appeal. If you file a petition for a contested case hearing with the Office of Administrative Hearings,you are required by law (NC General Statute 1503-23)to serve a copy of your petition on the Office of General Counsel, NC Department of Health and Human Services, 2001 Mail Service Center, Raleigh, NC 27699- 2001. Respectfully, Z-- /cle — James R. Ross, REHS Environmental Health Specialist Catawba County Public Health catawba county public health VOLUNTARY RELINQUISHMENT OF ADMINISTRATIVE APPEAL RIGHTS Date prepared: 10/24/2022 Owner(s): Robin Spindler Mailing Address: 107 Rerrhman Dr Rochester, NY 14626-1285 Property location/site legal description: 5202 Glenwood St,Sherrills Ford, NC PIN: 461603110511 Improvement Permit(IP) IMPV-09-2021-157807 Date Issued 9/17/2021 Authorization to Construct(AC) AUTH-09-2021-157808 Date Issued 9/17/2021 I, ,voluntarily relinquish my rights to pursue a formal appeal through the North (print full name) Carolina Office of Administrative Hearings pursuant to NC General Statute 130A-24 and 150E-23 and all other applicable provisions of Chapter 1SOB for the above referenced permit(s)(which includes the IPs and ACs)in order for the authorized agent/local health department to issue the applicable permit(new IP and/or AC)for the site. I understand by completing this form that the permit(s)for a IVa—50%Reduction Vertical (System description) will be revoked immediately by the authorized agent/local health department. I understand that the local health department's revocation of a permit can be appealed to the North Carolina Office of Administrative Hearings within 30 days of the revocation pursuant to the North Carolina Administrative Procedure Act. I understand that in order for the local health department to issue another IP and AC that the current IP and AC must be revoked. I understand that the local health department's revocation of an IP or CA is not effective until 30 days from the revocation or,if the revocation is appealed,at the time that the Office of Administrative Hearings issues a final decision. I understand that by signing this form and relinquishing my right to appeal the permit revocation at the Office of Administrative Hearings that the local health department's permit revocation will become effective immediately. I understand and agree that the revocation of a permit that takes effect immediately is in my best interest. I understand that by signing this form that I agree that I do not want to appeal the permit revocation. I understand that I am not required to relinquish my appeal rights but that this is an option available to me so I do not have to wait 30 days for the revocation of the permit to take effect. Signature of Property Owner: Date Signed: NCDHHS/DPH/EHS/OSWP Revised May 2015 catawbacountync.gov Environmental Health Catawba County Government Center 25 Government Drive I PO Box 389 I Newton NC 28658 828.465.8270 MAKING. LIVING. BETTER. STATE OF NORTH CAROLINA COUNTY of Catawba CONTRACT FOR INSPECTIONS OF ON-SITE WASTEWATER SYSTEMS TYPE II, III, IV and V This Contract is entered into this 11th day of October 2022 by and between TCW Wastewater Management, Inc., a North Carolina Corporation of Mecklenburg County North Carolina I hereinafter"TCW') and Robin Spindler Preamble TCW is contracting with The Owner to provide inspection services as described on Attachment A for the fees or charges also shown in Attachment A The Owner owns or controls the property upon which a ground absorption sewage treatment system ("System") is installed, such System being designated as a type II III IV or V system under the Rules for Sanitary Sewage Collection Treatment and Disposal found at 15A N C Admin Code 18A 1900 et seq . and 15A N.C. Admin. Code 18A.1961 requires that a condition of the Operation Permit for certain systems be that a properly executed inspection contract between the System Owner and a management entity shall be in effect for as long as the System is in use. TCW is a management entity which employees certified operators of a type authorized by 15A N.C. Admin. Code 18a 1961 to manage and inspect type II III IV and V systems In consideration of the premises and of the mutual covenants and promises contained in this Agreement, it is hereby agreed by and between the Owner and TOW as stipulated below Conditions of the Contract A. TCW, in consideration of the payment by the Owner as set out in the schedule of services and charges in Attachment A, incorporated herein agrees 1) To provide the services set out in Attachment A according to the minimum schedule of inspections/services required by regulations for the lots or parcels set out in Attachment B. 2) To report results of the inspections to the local environmental regulatory agency having jurisdiction as required by applicable laws or regulations 3) If inspections indicate the need for System repairs a) to notify the local environmental regulatory agency within 48 hours b) to give notice to the Owner of needed repairs and, if the necessary repairs are outside the scope of the routine maintenance described in Attachment A then The Owner may request TCW to provide an estimate At the authorization of The Owner TCW will perform the necessary repairs at TCWs then prevailing charges for services and materials 4) If TCW's services are terminated TCW will notify the local environmental regulatory agency within 48 hours TCW PAGE 2 OF 6 PAGES B The Owner, in consideration of the services performed agrees 1) To pay TCW for its services according to the schedule of charges as set out in Attachment A. 2) Within 30 days of receipt of notice of repairs under A ,3) above. the Owner(s) must provide proof that repairs have been performed by a licensed or qualified entity and the System is functioning properly or request and authorize TCW to complete the needed repairs 3) To notify TCW promptly of any emergency or malfunction known to it which may violate environmental. health. or other laws and regulations and to authorize immediate repair as necessary to restore the System to proper function and operation 4) To use reasonable efforts to provide and to maintain at all times. such access to the Systems as is reasonably necessary for TOW to comply with Its obligations under this Agreement. C Terms of the Agreement 1) This Agreement shall be effective for one year from the date of this contract, and will be automatically renewed from year-to-year thereafter unless written notice of termination and non- renewal is given to the other party not less than 60 days prior to the end of the then current annual contract year 2) The real property to be serviced under this contract is listed on Attachment B. 3) This Agreement automatically terminates if the Operation Permit for the system is revoked and all appeals of the revocation are exhausted or time for making an appeal has passed. 4) The parties may terminate at the end of the then current term by consent of each party or by not less than 60 days written notice to the other party prior to the end of the then current contract year, and not less than 30 days written notice to the local environmental regulatory agency. 5) This Agreement may be terminated for cause for breach which remains unremedied after 15 days written notice to the defaulting party D Limited Warranty TCWS SOLE DUTIES AND RESPONSIBILITIES UNDER THIS AGREEMENT IS TO PROVIDE INSPECTION AND ROUTINE MAINTENANCE ONLY AS SPECIFIED IN THIS AGREEMENT. INSPECTIONS WILL COMPLY WITH APPLICABLE CODES LAWS, AND REGULATIONS IN FORCE AT THE TIME OF THE INSPECTION AND REPORT WORK AND MATERIALS USED IN REPAIRS ARE WARRANTED ONLY TO BE OF GOOD WORKMANSHIP FREE OF DEFECTS, AND CONFORM TO THE SYSTEMS SPECIFICATIONS AND EQUAL TO THE ORIGINAL PARTS AND EQUIPMENT. THE OWNER'S SOLE REMEDY UNDER THIS EXPRESS WARRANTY IS REPAIR OR REPLACEMENT AND CONSEQUENTIAL DAMAGE OR DAMAGES FOR DELAY ARE LIMITED TO TOTAL SUMS PAID TCW UNDER THIS AGREEMENT FOR THE PARTICULAR LOT OR PARCEL FOR THE THEN CURRENT YEAR. ALL OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE ARE EXPRESSLY AND SPECIFICALLY EXCLUDED. REPAIRS, REPLACEMENTS ADDITIONS AND CHANGES BY OTHERS TO THE SYSTEMS COVERED BY THIS AGREEMENT WITHOUT PRIOR NOTICE TO TCW OR ACCEPTANCE OF THE WORK BY TCW DURING THE TERM OF THIS AGREEMENT VOIDS ANY WARRANTY GRANTED HEREIN AS TO TCW. TCW PAGE 3 OF 6 PAGES E Miscellaneous 1) Transfer of rights, responsibilities and duties under this Agreement by any party shall be valid only on written notice and consent signed by all parties which consent shall not be unreasonably or arbitrarily withheld 2) TCW may perform its duties and responsibilities by subcontract but TCW will remain directly liable and responsible to the Owner under the terms of this Agreement 3) Waiver of default or a breach of the Agreement by any party shall not operate nor be construed as a waiver of further or subsequent defaults or breach of this Agreement. Failure to take action in any default or breach does not bear action on such default at any time subsequent to such breach or default 4) This Agreement constitutes the entire agreement of the parties. incorporating, and superseding all prior representations and negotiations and may not be changed or amended except in writing signed by the parties The Agreement shall be interpreted under North Carolina law. Any part of the Agreement declared void illegal or unenforceable will not affect other provisions of the Agreement 5) Disputes arising under this Agreement shall be determined by any method of Alternative Dispute Resolution the parties choose including but not limited to mediation or arbitration, under the Uniform Arbitration Act of North Carolina or its equivalent or such means or methods as the parties agree to in writing 6) Notices are deemed delivered if delivered in person by certified or registered mail; by courier; or delivery service. if properly receipted charges and postage prepaid as follows: Owner Ms Robin Spindler 5202 Glenwood St Sherrills Ford NC 28673 Operator TCW Wastewater Management Inc 5600 Lakeview Rd Charlotte NC 28269 Environmental Regulatory Agency Catawba County Health Dept P O Box 389 Newton NC 28658 A party may change its address my giving notice in the manner provided above. TCW PAGE 4 OF 6 PAGES Each party has executed this Agreement with full power authority and legal right to enter into, to bind itself to the rights, duties and responsibilities under this Agreement which ,s binding on the parties their successors and assigns, heirs and personal representatives on the date first above written WITNESS: __ - - OWNER • Al TCW Wastewater Management, Inc. • BY 6011 TCW PAGE 5 OF 6 PAGES EXHIBIT A TYPE II, III, IV MONITORING & INSPECTION PLAN 1. COST: INITIAL CONTRACT YEAR: $ 350.00 (2 inspections) $ N/A (0 required lab) $ 350.00 Total Initial Year RENEWAL YEARS: $ TBD (2 inspections) $ N/A (0 required lab) $ TBD Total Renewal Years a. The Owner shall pay to TCW the aforementioned sums for each parcel listed on Attachment B. The initial annual fees are payable upon the execution of the contract. Annual billings will be made thereafter and payable within 30 days of billing. The annual billings will be made on the anniversary dates. The annual renewal fees may increase no more than 5°/, per year The Owner shall pay to TCW his normal and customary fees for any authorized work performed on the System as a result of non- scheduled service or maintenance calls These fees are due and payable within 30 days of billing. Payments due to TCW, and unpaid by the Owner after 30 days, shall be assessed late payment fee of 15% per month accruing monthly on the unpaid balance. 2. PERFORMANCE DUTIES: • Inspections and services that meet state requirements. i.e., inspections of System using an itemized check list. monitoring "septic tanks" to insure proper operation, and make adjustments of imbalances to systems through the distribution devices. • Inspection report copies are sent to the environmental regulatory agency (if applicable) and homeowner • Emergency service calls at no additional charge • 24-hour availability • The Owner will be advised of any repairs needed and estimated cost or repairs. Repairs will not be made without Owner authorization • The Owner will be advised when pumping is recommended Bacteria Additive Option — Additional $60 per year: • The addition of a bacterial product into the individual septic tank as needed to maintain the proper level of bacteria TCW PAGE 6 OF 6 PAGES EXHIBIT B 1. PHYSICAL ADDRESS OF SYSTEM(S). 5202 Glenwood St Sherrills Ford, NC 28673 b. C d.