Wsdi.dnrec 2009.10.16 Wynn.wood.lot.95.septic.tank.replacement.due.to.corrosion Uled
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Daniel Brown xxx S. Wynn Wood Cir. Camden-Wyoming, DE 19934-4451 xxx-xxx-xxxx October 16, 2009 Re: Dear Wynnwood Residents, June 16, 2008 Prohibited Water Softener Brine Discharge into Residential Septic Systems, June 17, 2008 Email RE: Wynn Wood Water Softener Drain Issue, June 24, 2008 1:22 PM Prohibited Water Softener Brine Discharge into Residential Septic Tanks, June 24, 2008 State Code Violations; Water Softener Brine Discharge, Septic Tank Risers, July 1, 2008 Dear Wynnwood Resident, Received July 11, 2008 Follow Up to State Code Violations; Water Softener Brine Discharge, Septic Tank Risers, July 12, 2008 Follow Up to Investor's Realty letter to Homeowners, Dear Wynnwood Resident, July 15, 2008 Official Request for DNREC's Investigation into Investor's Realty Inc. Alleged Code Violations, July 18, 2008 Dear Wynnwood Resident, July 23, 2008 Violation of State Code for the Improper Installation of the Septic Tank Access Risers, November 22, 2008 Follow-Up to - Official Request for DNREC's Investigation into Investor's Realty Inc. Alleged Code Violations, July 16, 2009
Department of Natural Resources & Environmental Control (DNREC) Division of Water Resources, (Ground Water Discharges Section) 89 Kings Highway Dover, DE 19901 302-739-9947 Attention: Susan Marsett, Program Manager I Subject: Wynn Wood Lot-95 Septic Tank Replacement Due to Corrosion Reference made to developer will refer to Investor's Realty Inc./Wynn Wood LLC. Reference made to Delaware Code, State Code, the Code, or regulations will refer to The Regulations Governing The Design, Installation And Operation Of On-Site Wastewater Treatment And Disposal Systems (Regulations) and Title 7 of the Delaware Code. As arranged by DNREC; on October 9, 2009, septic contractor Ken Darling & Sons removed and replaced my corroded septic tank and corrected the code violations for the watertight access manhole covers not extending above grade; Weaver’s Sanitation conducted the pumping/cleaning. The removal and replacement of my septic tank went as expected. Ken Darling of Ken Darling & Sons conducted himself as a true professional and in my option is a contractor who truly stands by his word and cares about his business reputation and name (unlike Investor’s Realty). Ken Darling even stated he would do the landscaping of the area after the tank has settled, something that I did not expect from the contractor. Commendation should be given to Ken Darling & Sons, their records should reflect positively the efforts they took to rectify the problem I had with the corrosion in my septic tank, and correcting the code violations for the watertight access manhole covers not extending above grade. I do disagree with the septic contractor paying for the replacement of my corroded septic tank and correcting the code violations for the watertight access manhole covers not extending above grade.
Susan Marsett, Program Manager I October 16, 2009 Subject: Wynn Wood Lot-95 Septic Tank Replacement Due to Corrosion page 2 of 3
The corrosion I fully feel was a direct result of Investor’s Realty negligence in violating the State Code by allowing the illegal discharge of water softener brine into my septic tank. A violation of State Code fully and legally known to them to be in violation of State Code at the time my septic permit was issued to them (shows their responsibility or “culpability”).
The septic contractor installed the septic system/manhole covers “as designed” and it was the developer that later changed that “design”.
That Investor’s Realty and not the septic contractor should absorb the full cost of replacing my septic tank and correcting the violations for the manhole covers. The State Code would call this “Good Faith Efforts” or “Voluntary Compliance” as there is still to my knowledge 362-code violations for the watertight access manhole covers not extending above grade, violations, which I hope, will be corrected/rectified in reasonable time. As the developer stated: “We were not informed of this code, neither has it ever been enforced or violations imposed by DNREC. Also this regulation was removed from the code from 1985 to March of 2002”. Their first statement is “false”, the second statement is possibly true, and who cares about the third, my septic system was installed in 2004. The areas of concern I have with the installation of my septic tank are with the inlet pipe being installed crooked at the filling (photo 9), and the outlet pipe tank seal being cut (½ inch of the standard plastic gaskets lip was cut off to accommodate the pipes 45 deg fitting). I understand that the system is a gravity system and no noticeable seepage/leaking should be seen around the seal areas (liquid level should be below the inlet seal and at seal level for the outlet seal). My concern is that when the excavation around the inlet pipe settles (not knowing how much of the pipe was inserted into the fitting) would the pressure around the fitting connecting the two pipes together separate, and is the expandable foam an acceptable sealant for use on septic systems (“everything” attached to my tank was sealed with it). Area of concern for DNREC: The attached pictures (3 thru 8) were taken during the replacement of my septic tank and show numerous cracks around the tank. The cracks were mainly in the upper section of the tank and appear to be the same type of cracks as those found with the distribution boxes (D-box), stress cracks from being crushed from the top. While the tank showed no signs of seepage (in the lower section), it would appear that my septic tank, the four (4) known cracked D-boxes and septic pipes all have suffered cracks caused by the developer/their contractors during the development of the community. A potentially serious septic system problem that could lead to extensive repair bills by the homeowners. Concerning the issue of the watertight access manhole covers not being “watertight.” With my old septic tank (and I am sure with the rest of the development) the developer had installed (for each tank lid) a septic tank adapter ring (molded into the septic tank), 2 - 6" tall septic tank risers and a septic tank riser lid, all made from plastic (septic grade). The riser lid (apart from the in tank molded ring) was the only part of the septic access riser system that was secured (by screws) to anything. The adapter ring to riser and riser to riser were fitted by a basic tongue-in-grove system to each other and I am sure it is an acceptable system to use within the septic community.
Susan Marsett, Program Manager I October 16, 2009 Subject: Wynn Wood Lot-95 Septic Tank Replacement Due to Corrosion page 3 of 3
So why did/do they leak. The problem I think is with the plastic access covers “at or below grade, some are now below” being the only part that is secured to anything. The lid is causing the lower riser with the tongue-in-grove system to “float” during periods of heavy rain allowing runoff to enter the septic tank. One possible solution for the rest of the Wynn Wood community is enforcing the Code by having the developer (who changed the “design” not the septic contractor who had no control over the “design”) bring the septic tank watertight access manholes extend above grade, min 2”, Max 6” as the Code states. The other is to issue a waiver for the “riser extending above ground” requirements and add that it is ok for them to “leak” or not be “watertight”, or is that two waivers! Knowing that the “non-watertight” risers are directly related to the “cover height requirements”, issuing a waiver only for the “covers height requirements” will not eliminate the “watertight” requirements. I know of two (2) septic tanks, four (4) distribution boxes, and one (1) septic pipe (and there could be more ) that required replacement/repairing within a few years of the community being developed by Investor’s Realty, concerns well worth noting within DNREC. As I have stated in my prior letter. Adding “one” word (“final”) to the regulation would eliminate the “developer’s not knowing” about the regulation requirements and hold them totally responsible for the development and keep them from trying to pass off their responsibility to a sub-contractor. You can delegate your duty; you cannot delegate your responsibility. IE: Regulation reads: “a watertight access riser for each compartment and shall extend above grade” “watertight access manholes extend above grade, min 2”, Max 6” “All above grade access covers shall be water tight and secure from vandalism” changed to read: a watertight access riser for each compartment and shall extend above “final” grade watertight access manholes extend above “final” grade, min 2”, Max 6” All above “final” grade access covers shall be water tight and secure from vandalism As the developer stated: “We were not informed of this code, neither has it ever been enforced or violations imposed by DNREC. Also this regulation was removed from the code from 1985 to March of 2002”. Thank you and your office for the assistance you have provided.
Sincerely, //s// Daniel Brown
Enclosures: 1; Attachment 1: Condition of replaced/new septic tank, 3 pages cc: Virginia George, President Wynn Wood Homeowners Association, Dave Gilgenast, Investor’s Realty, [email protected]
Attachment 1: Condition of replaced/new septic tank - page 1of 3
Photo-1 Old septic tank corrosion 30 Jul 08
Photo-2 Old septic tank corrosion 9 Oct 09, significant corrosion also around the tank adapter rings
Photo-3 Old septic tank cracks (outside wall)
Photo-4 Old septic tank cracks (outside wall)
Photo-5 Old septic tank cracks (outside wall), lower right arrow shows moisture from tank
Photo-6 Old septic tank cracks (outside wall)
Attachment 1: Condition of replaced/new septic tank - page 2of 3
Photo-7 Old septic tank cracks (outside wall)
Photo-8 Old septic tank corrosion - exposed concrete reinforcement (outside wall).
Photo-9 New crooked tank inlet pipe, unsure how much pipe goes into the fitting, hopefully it will not leak
Photo-10 New tank inlet sealed with expanding foam
Photo-11 New tank outlet sealed with expanding foam, notice the elbow going into the tank/seal area
Photo-12 New tank outlet pipe
Attachment 1: Condition of replaced/new septic tank - page 3of 3
Photo-13 New tank outlet seal (looking from inside tank), they tried to push the elbow of the pipe through the seal, would not fit so they cut ½ inch of the seal lip off
Photo-14 New tank outlet seal (looking from inside tank), gap is from crooked pipe and where they cut ½ inch of the seal lip off
Photo-15 Old seal removed from septic tank, seal lip torn during initial installation, seen in photo-1, must be common for the seal to be deform/modified during installation
Photo-16 Old septic D-Box cracks found 4 Aug 08 requiring replacement of the D-box
Department of Natural Resources & Environmental Control (DNREC) Division of Water Resources, (Ground Water Discharges Section) 89 Kings Highway Dover, DE 19901 302-739-9947 Attention: Susan Marsett, Program Manager I Subject: Wynn Wood Lot-95 Septic Tank Replacement Due to Corrosion Reference made to developer will refer to Investor's Realty Inc./Wynn Wood LLC. Reference made to Delaware Code, State Code, the Code, or regulations will refer to The Regulations Governing The Design, Installation And Operation Of On-Site Wastewater Treatment And Disposal Systems (Regulations) and Title 7 of the Delaware Code. As arranged by DNREC; on October 9, 2009, septic contractor Ken Darling & Sons removed and replaced my corroded septic tank and corrected the code violations for the watertight access manhole covers not extending above grade; Weaver’s Sanitation conducted the pumping/cleaning. The removal and replacement of my septic tank went as expected. Ken Darling of Ken Darling & Sons conducted himself as a true professional and in my option is a contractor who truly stands by his word and cares about his business reputation and name (unlike Investor’s Realty). Ken Darling even stated he would do the landscaping of the area after the tank has settled, something that I did not expect from the contractor. Commendation should be given to Ken Darling & Sons, their records should reflect positively the efforts they took to rectify the problem I had with the corrosion in my septic tank, and correcting the code violations for the watertight access manhole covers not extending above grade. I do disagree with the septic contractor paying for the replacement of my corroded septic tank and correcting the code violations for the watertight access manhole covers not extending above grade.
Susan Marsett, Program Manager I October 16, 2009 Subject: Wynn Wood Lot-95 Septic Tank Replacement Due to Corrosion page 2 of 3
The corrosion I fully feel was a direct result of Investor’s Realty negligence in violating the State Code by allowing the illegal discharge of water softener brine into my septic tank. A violation of State Code fully and legally known to them to be in violation of State Code at the time my septic permit was issued to them (shows their responsibility or “culpability”).
The septic contractor installed the septic system/manhole covers “as designed” and it was the developer that later changed that “design”.
That Investor’s Realty and not the septic contractor should absorb the full cost of replacing my septic tank and correcting the violations for the manhole covers. The State Code would call this “Good Faith Efforts” or “Voluntary Compliance” as there is still to my knowledge 362-code violations for the watertight access manhole covers not extending above grade, violations, which I hope, will be corrected/rectified in reasonable time. As the developer stated: “We were not informed of this code, neither has it ever been enforced or violations imposed by DNREC. Also this regulation was removed from the code from 1985 to March of 2002”. Their first statement is “false”, the second statement is possibly true, and who cares about the third, my septic system was installed in 2004. The areas of concern I have with the installation of my septic tank are with the inlet pipe being installed crooked at the filling (photo 9), and the outlet pipe tank seal being cut (½ inch of the standard plastic gaskets lip was cut off to accommodate the pipes 45 deg fitting). I understand that the system is a gravity system and no noticeable seepage/leaking should be seen around the seal areas (liquid level should be below the inlet seal and at seal level for the outlet seal). My concern is that when the excavation around the inlet pipe settles (not knowing how much of the pipe was inserted into the fitting) would the pressure around the fitting connecting the two pipes together separate, and is the expandable foam an acceptable sealant for use on septic systems (“everything” attached to my tank was sealed with it). Area of concern for DNREC: The attached pictures (3 thru 8) were taken during the replacement of my septic tank and show numerous cracks around the tank. The cracks were mainly in the upper section of the tank and appear to be the same type of cracks as those found with the distribution boxes (D-box), stress cracks from being crushed from the top. While the tank showed no signs of seepage (in the lower section), it would appear that my septic tank, the four (4) known cracked D-boxes and septic pipes all have suffered cracks caused by the developer/their contractors during the development of the community. A potentially serious septic system problem that could lead to extensive repair bills by the homeowners. Concerning the issue of the watertight access manhole covers not being “watertight.” With my old septic tank (and I am sure with the rest of the development) the developer had installed (for each tank lid) a septic tank adapter ring (molded into the septic tank), 2 - 6" tall septic tank risers and a septic tank riser lid, all made from plastic (septic grade). The riser lid (apart from the in tank molded ring) was the only part of the septic access riser system that was secured (by screws) to anything. The adapter ring to riser and riser to riser were fitted by a basic tongue-in-grove system to each other and I am sure it is an acceptable system to use within the septic community.
Susan Marsett, Program Manager I October 16, 2009 Subject: Wynn Wood Lot-95 Septic Tank Replacement Due to Corrosion page 3 of 3
So why did/do they leak. The problem I think is with the plastic access covers “at or below grade, some are now below” being the only part that is secured to anything. The lid is causing the lower riser with the tongue-in-grove system to “float” during periods of heavy rain allowing runoff to enter the septic tank. One possible solution for the rest of the Wynn Wood community is enforcing the Code by having the developer (who changed the “design” not the septic contractor who had no control over the “design”) bring the septic tank watertight access manholes extend above grade, min 2”, Max 6” as the Code states. The other is to issue a waiver for the “riser extending above ground” requirements and add that it is ok for them to “leak” or not be “watertight”, or is that two waivers! Knowing that the “non-watertight” risers are directly related to the “cover height requirements”, issuing a waiver only for the “covers height requirements” will not eliminate the “watertight” requirements. I know of two (2) septic tanks, four (4) distribution boxes, and one (1) septic pipe (and there could be more ) that required replacement/repairing within a few years of the community being developed by Investor’s Realty, concerns well worth noting within DNREC. As I have stated in my prior letter. Adding “one” word (“final”) to the regulation would eliminate the “developer’s not knowing” about the regulation requirements and hold them totally responsible for the development and keep them from trying to pass off their responsibility to a sub-contractor. You can delegate your duty; you cannot delegate your responsibility. IE: Regulation reads: “a watertight access riser for each compartment and shall extend above grade” “watertight access manholes extend above grade, min 2”, Max 6” “All above grade access covers shall be water tight and secure from vandalism” changed to read: a watertight access riser for each compartment and shall extend above “final” grade watertight access manholes extend above “final” grade, min 2”, Max 6” All above “final” grade access covers shall be water tight and secure from vandalism As the developer stated: “We were not informed of this code, neither has it ever been enforced or violations imposed by DNREC. Also this regulation was removed from the code from 1985 to March of 2002”. Thank you and your office for the assistance you have provided.
Sincerely, //s// Daniel Brown
Enclosures: 1; Attachment 1: Condition of replaced/new septic tank, 3 pages cc: Virginia George, President Wynn Wood Homeowners Association, Dave Gilgenast, Investor’s Realty, [email protected]
Attachment 1: Condition of replaced/new septic tank - page 1of 3
Photo-1 Old septic tank corrosion 30 Jul 08
Photo-2 Old septic tank corrosion 9 Oct 09, significant corrosion also around the tank adapter rings
Photo-3 Old septic tank cracks (outside wall)
Photo-4 Old septic tank cracks (outside wall)
Photo-5 Old septic tank cracks (outside wall), lower right arrow shows moisture from tank
Photo-6 Old septic tank cracks (outside wall)
Attachment 1: Condition of replaced/new septic tank - page 2of 3
Photo-7 Old septic tank cracks (outside wall)
Photo-8 Old septic tank corrosion - exposed concrete reinforcement (outside wall).
Photo-9 New crooked tank inlet pipe, unsure how much pipe goes into the fitting, hopefully it will not leak
Photo-10 New tank inlet sealed with expanding foam
Photo-11 New tank outlet sealed with expanding foam, notice the elbow going into the tank/seal area
Photo-12 New tank outlet pipe
Attachment 1: Condition of replaced/new septic tank - page 3of 3
Photo-13 New tank outlet seal (looking from inside tank), they tried to push the elbow of the pipe through the seal, would not fit so they cut ½ inch of the seal lip off
Photo-14 New tank outlet seal (looking from inside tank), gap is from crooked pipe and where they cut ½ inch of the seal lip off
Photo-15 Old seal removed from septic tank, seal lip torn during initial installation, seen in photo-1, must be common for the seal to be deform/modified during installation
Photo-16 Old septic D-Box cracks found 4 Aug 08 requiring replacement of the D-box
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