HomeMy WebLinkAboutEH-09-2022-9717.tif (:1/44
catawba county
public health
NOTICE OF VIOLATION
ON-SITE WASTEWATER SYSTEM
®Certified Mail (Return Receipt) ®First Class Mail Hand Deliver
E-Mart Inc
2924 Blackburn Bridge Rd,
Lincolnton NC 28092
Re: EH-09-2022-9717 Occupant: E-Mart Inc Location: 6339 Startown Rd, Maiden NC
28650
Residence ®Business ❑Other
To Whom It May Concern :
You are hereby notified that you are violating the Rules adopted by the North Carolina Commission for Public Health or
Article 11 of Chapter 130A of the General Statutes of North Carolina by owning or controlling a residence, place of business,
or place of public assembly which is not provided with an approved wastewater system. Your wastewater system is not in
compliance with applicable laws and rules.
On 9/16/2022, an inspection of the wastewater system by the Catawba County Environmental Health
Department indicated the following violations:
Violation Law or Rule Citation
Grease trap overflowing. 15A NCAC 18A.1961 (a)(1)(A)
You are hereby ordered to bring your wastewater system into compliance by completing the following:
❑ Install/repair wastewater system You must obtain a repair permit from the local health department prior
to repairing septic system.
Eliminate wastewater discharge and connect to an approved wastewater system.
Other Repairs
Perform Maintenance
If the wastewater violation is not brought into compliance by 10/19/2022, appropriate legal action will be taken.
Failure to comply with the laws, rules and this notice will subject you to the following legal remedies, including but not
limited to: Injunction Relief[G.S. 130A-18], Administrative Penalties [G.S. 130-22(c)], Suspension or Revocation of Permits
[G.S. 130-23], and Criminal Penalties [G.S. 130-25].
You may contact our office at 828-465-8270 (phone) or 828-465-8276 (fax).
Notice Issued 9/19/2022 Signed Chevanne Morgan • .:.I.!.iLq N\q/ .Y�w J Agent
r'�
catawbacountync.gov
Environmental Health
Catawba County Government Center
25 Government Drive I PO Box 389 I Newton NC 28658 1828.465.8270
MAKING. LIVING. BETTER.
N.C.DEPARTMENT OF HEALTH AND HUMAN SERVICES
DIVISION OF PUBLIC HEALTH
ENVIRONMENTAL HEALTH SECTION
Notice of Intent to Suspend or Revoke Permit
COUNTY: 18 Catawba
NAME: E MART ID: 2018015004
STREET:6339 STARTOWN RD
CITY: MAIDEN DATE:09/19/2022
STATE: NC ZIP CODE: 28650 TIME:8:30 AM
Dear Owner or Operator:
Your establishment has been inspected in accordance with the laws and rules governing:
food and lodging establishments in North ( )public swimming pools in North Carolina ()tattooing in North Carolina General Statutes
Carolina General Statutes 130A-247 through General Statutes I30A-280 through 282 and I30A-283 and related statutes and Title 15A,
I30A-250 and related statutes and Title I5A, related statutes and Title 15A,Subchapter I 8A. Subchapter 18A.of the North Carolina
Subchapter 18A,of the North Carolina of the North Carolina Administrative Code, Administrative Code,Rules.3200 and related
Administrative Code,Rule.2600 and related Rules.2500 and related rules. rules.
rules.
As a result of an inspection,the Department has determined that the establishment is in violation of Title 15A,Subchapter 18A,of the North
Carolina Administrative Code,due to the attached noncompliant items:
VIOLATIONS NOTED-Please List
15A NCAC 18A.2655 WATER,PLUMBING,AND WASTE
The provisions of this Rule make amendments,additions,and deletions to the Food Code incorporated by reference
in Rule.2650 of this Section.In Chapter 5...
2017 Food Code:5-402.13 Conveying Sewage.
SEWAGE shall be conveyed to the point of disposal through an
APPROVED sanitary SEWAGE system or other system,including use
of SEWAGE transport vehicles,waste retention tanks,pumps,pipes,
hoses,and connections that are constructed,maintained,and
(4 This letter is to notify you that based on these violations of the laws and ()This letter is to notify you that based on these violations of the laws and
rules,the Department INTENDS TO SUSPEND your permit or rules,the Department INTENDS TO REVOKE your permit or
transitional permit thirty(30)days from the date of this notice. transitional permit thirty(30)days from the date of this notice.
If the health department determines that all of the violations have been If the health department determines that all of the violations have been
corrected before thirty(30)days expire,the suspension will not go into corrected before thirty(30)days expire,the revocation will not go into
effect, effect.
You 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,6714 Mail Service Center,Raleigh,NC 27699-6714.To get a copy of a petition form,you may write the Office of
Administrative Hearings or call the office at(919)431-3000.The petition for a contested case hearing must be filed in accordance with the provisions
of North Carolina General Statutes 130A-24 and 150E-23 and all other applicable provisions of Chapter 150B.
PLEASE NOTE: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.Meeting the 30-day deadline is critical to your right to a formal appeal.Do not wait for the outcome of
any informal review or appeal if you wish to file a formal appeal.
If you file a petition for a contested case hearing with the Office of Administrative Hearings,you are required by Law(N.C.General Statutes 150B-23)
to serve a copy of your petition on the state agency that is a party to the action.The state agency party in this case is the North Carolina Department of
Health and Human Services.Service must be made in accordance with Rule 4 of the North Carolina Rules of Civil Procedure and 26 NCAC 3 .0102(a)
(3).You must send the copy to:Office of General Counsel,N.C.Department of Health and Human Services,2001 Mail Service Center,Raleigh,NC
27699-2001.Do NOT send the copy of your petition to your local health department.Sending a copy of your petition to the local health department will
NOT satisfy the legal requirements in N.C.General Statute 150B-23 that you serve a copy on the state agency that is a party to this action.
If you properly file a formal appeal by filing a petition for a contested case hearing in accordance with all statutory requirements prior to the expiration
of thirty(30)days,the suspension or revocation shall be stayed pending a final decision by the state agency in the contested case.If you do not either
correct the violations or petition for a contested case hearing within thirty(30)days,the suspension shall become effective at the end of thirty(30)days.
If suspended,the health department must determine that all of the violations have been corrected before the suspension will be lifted.
You may also request an informal review of this decision in accordance with 15A NCAC 18A.2676.You may call or write the local health department
if you need any additional information or assistance.
Signature of Envimnmental Health Specialist Signature of Recipient
Purpose:General Statute 130A-23 gives the Secretary the power to suspend or revoke a permit issued pursuant to Chapter I30A.under cerium conditions.This form is developed to he used foe suspensions or revocations.
Preparation(Local envrorm entat health specialists shall contpkte form El IS 4009A wherever an"Intent-to-Suspend or Revoke"is issued.I.Original to be left with respon.vble person.2.Copy for the local health deportment.3.
Copy for Environmental health Section.Disposition:Please refer to Standard-S.II.n.,Inspection Records.Records Retention and Disposition Schedule firm('ounty;Daum Health Departments.published by the North Caroline
Division of Archives and History.Additional forms may be ordered from Environmental Health Section,1632 Mail Service Center.Raleigh,NC 27699.1632(Courser 32.01.00)
EMS 4009A(Notice of Intent(Revised 7-12
linvtronmental Health Section
N.C. Department of Environment and Natural Resources Name:E MART Time
In 8:30 AM
Division of Environmental Health ID: 2018015004
Time
Notice of Intent to Suspend or Revoke Permit Street:6339 STARTOWN RD
Out
Total
COMMENT ADDENDUM City: MAIDEN Time
15A NCAC 18A.2655 WATER, PLUMBING,AND WASTE
The provisions of this Rule make amendments, additions, and deletions to the Food Code incorporated by reference
in Rule .2650 of this Section. In Chapter 5...
2017 Food Code: 5-402.13 Conveying Sewage.
SEWAGE shall be conveyed to the point of disposal through an
APPROVED sanitary SEWAGE system or other system, including use
of SEWAGE transport vehicles, waste retention tanks, pumps, pipes,
hoses, and connections that are constructed, maintained, and
operated according to LAW.
P
Repair of grease trap/sewage disposal required within 30 days. If sewage backs up into facility, the facilty must close food
service immediately until repair is made and contact EHS.
U.S. Postal ServiceTM
CERTIFIED MAIL® RECEIPT
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PS Form 3800,Apra 2015(Reverse)PSN 7530-02-000-9047
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L-Mart Inc
2924 Blackburn Bridge Rd
Lincolnton NC 28092
111111111 3. Service Type0 Adult Signature 0 Priority Mail Express®
MIIII I II II II 1111111111 II 1111111
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❑Collect on Delivery ❑Signature Confirmation
9 Artinle Ni imhpr(Transfer from service label) 0 Collect on Delivery Restricted Delivery Restricted Delivery
O Insured Mail
7 0 21 0 9 5 0 0 0 01 2 5 0 4 0 2 6 2 ❑Insured Mali Restricted Delivery
(over$500)
PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt
USPS TRACKING#
111111
First-Class Mail
II li I. $t) Postage&Fees Paid
I USPS
Illlf II 1I� Ilrll s L Permit No.G-10
9590 9402 7152 1251 8031 42
United States • Sender: Please print your name,address,and ZIP+4'in this box•
Postal Service
RECEI Y EDH-09-2022-9717
Cheyanne Morgan, REHS
Catawba County Environmental Health
SE P 2022 PO Box 389
Newton, NC 28658
Ems,.•, .,-n�' ! Health
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