Wsdi.investors.realty 2008.06.17 Prohibited.water.softener.brine.discharge.into.residential.septic.systems Uled

Daniel Brown xxx S. Wynn Wood Cir. Camden-Wyoming, DE 19934-4451 xxx-xxx-xxxx June 17, 2008 Investor's Realty 1685 South State Street Dover, DE 19901 302-736-0270

Attention: Dave Gilgenast: Subject: Prohibited Water Softener Brine Discharge into Residential Septic Systems Wynn Wood residents listed below in Table 1 hereinafter will be referred to as Homeowners. Wynn Wood LLC/Investor's Realty hereinafter will be referred to as Developer. 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. As you had asked, enclosed with this letter are the currently known homeowners that have a water softener system installed by the developer where the brine drains into their septic tank. The homeowners who now have their brine discharge drains installed by the developer are noted. While this list comprises of the currently known homeowners, it is not all-inclusive to the Wynn Wood Development, and any homeowner later identified not on this list will be added and given the same consideration without prejudice. While I have no authority to speak on behalf of the homeowners, I find it my responsibility to speak for them. The homeowners are fully aware that the water softener brine discharging into their sewer tank is in violation of State Code. During a scheduled homeowners association meeting the issue of water softener brine (salt water) being discharged into septic tanks was discussed. According to information received from the Delaware Department Of Natural Resources and Environmental Control (DNREC), no brine water was to be discharged into the septic system and that brine discharge would have a corrosive effect on the septic system. With this information, the affected homeowners gathered more information related to the brine discharge. While researching the brine discharge issue I contacted DNREC and requested information pertaining to and a copy of the regulation governing the brine discharge. In speaking with Daniel Albanese of DNREC, he said that the Delaware Code covering brine discharge was in effect since March 2002 and that no brine water was to be discharged into the septic system and the brine discharge will have a corrosive effect on the septic system. The following is an extract from the Regulations Governing The Design, Installation And Operation Of On-Site Wastewater Treatment And Disposal Systems, which can be found on DNREC's web site at: http://www.dnrec.state.de.us/water2000/Sections/GroundWat/Library/Regs/index.htm Section 3.01000 Each and every owner of real property is jointly and severally responsible for: (a) Disposing of wastewater in conformance with all applicable Regulations; and (b) Connecting all plumbing fixtures on that property, from which wastewater is or may be discharged, to a central wastewater system or on-site wastewater treatment and disposal system approved by the Department; and (c) Maintaining, repairing, and/or replacing the system as necessary to assure proper operation of the system Section 3.12000 No cooling water, air conditioning water, groundwater, oil, water softener brine or roof drainage shall be discharged into any system without specific authorization of the Department. Water softener brine shall be discharged in a manner that does not allow surface discharge (curtain drain) Section 6.04050 Disposal systems shall be designed to receive all wastewater, except for water softener brine, from the building or structure served unless otherwise approved by the Department.

Dave Gilgenast June 17, 2008 Subject: Prohibited Water Softener Brine Discharge into Residential Septic Systems page 2 of 3

DNREC regulations clearly shows that the homeowners, through no fault of their own, are in violation of the regulation governing brine water discharge. The homeowners had no influence whatsoever in the development, construction, or setup of their home sites and most had no knowledge that a water softener system was installed in their homes until they walked into their garage during the final inspection process of purchasing their respective homes. During my research into this matter I called Culligan (who it is understood was contracted to install the water softener systems in question) and spoke to Charles Scott. In relationship to prior homeowners having their discharge systems installed, I asked who payed for and got reimbursed for the expenditures, and why wasn't the proper drainage installed at development. I also asked why Culligan offered to install a discharge system at “cost” to me, the homeowner. Mr. Scott said it was a good deal and a one time offer for the homeowners, that Culligan has never reimbursed anyone, and it was a cost saving decision to run the drain into the sewer line. He then recommended that I read section 3.01000. He wanted to point out that the section states that it was the responsibility of the homeowner to ensure the proper drainage is installed. Mr. Scott failed to realize that at the time the water softener was installed, the developer was the owner of the property. While the homeowners were under an “Agreement of Sale”, they could not go upon or trespass on the site without written consent of the developer, could not take possession of said property until the completion of a completed bill of sale (when the title was relinquished or retired by the homeowner during the final settlement). The developer, was the rightful owner of said property and contracted with Culligan to lawfully and professionally install a water softener system. The developer relied on the technical experience and ability of Culligan to ensure that the proper drainage connection was made as per section 3.12000. Therefor, the homeowners had no way of knowing that Culligan made an illegal connection to the septic system that was clearly in violation of State Code. It would appear that whatever contractor was responsible for making the connection for the water softener discharge made a conscious decision to willfully disregard the State Code by violating section 3.12000 (by willfully and knowingly make an unauthorized connection into the existing sewage discharge line and not installing a separate brine discharge system). The contractor should have been a trusted professional hired to lawfully install a water softener system and had an obligation read, understand and comply with written State Code just as any other contractor. I spoke to most of the homeowners in reference to the problems they have/are experiencing with their septic systems. Each homeowner has experienced problems which they attributed to the brine being discharged into their septic systems. Almost all homeowners had their septic system backup due to a crystalline substance blocking the pipe entering their septic tank and/or in the tank discharge filter assembly. Some homeowners have had their septic tank pumped out several times in an effort to eliminate the problem, and even developer has already pumped out several other tanks after those homeowners complained, one homeowner has already had to replace their septic tank, and it still continues. Several other homeowners have had to prematurely replace their water heaters and their failures were from what I understand, due to the premature corrosion of the anode rod and tank, while the water heater does not pertain to the septic system, it shows the corrosive effect of the salt no mater how minute. During your visit to my home on June 12, 2008 I showed you the corrosion in my septic tank, which is in my option considerable separation on the concrete wall, that was, and still is being caused by the brine that has been allowed to be discharged into the septic tank and embedded/soak into the concrete wall. That the unauthorized discharge of the brine into my septic tank has caused salt corrosion which will lead to the premature failure of the tank if its not repaired or replaced.

Dave Gilgenast June 17, 2008 Subject: Prohibited Water Softener Brine Discharge into Residential Septic Systems page 3 of 3

I, and the homeowners demand that the developer have the proper brine discharge drain system installed as per Delaware's Code, which should have been completed when the water softeners were installed. That this correction of obvious Code violations be without cost to the homeowners. That the developer, or its authorized agent contact the homeowners individually ensuring them that they have received their names concerning this letter and the status of any installation of an authorized brine discharge collection system and matters concerning their septic tanks. As you said, whether you pay for it now, or have paid for it then, it would of cost the same. Due to the noncompliance with the aforementioned Code, the homeowners unknowingly and at no fault of their own, have contaminated their septic tanks for several years by having salt brine discharging into it. In order to mitigate any further damage that could be caused by salt corrosion, and to lessen any possible future damage to the septic tanks due to the years of accumulated salt discharge and crystallization buildup, the homeowners demand that the developer in good faith and without reservation pay the total cost of conducting a service, cleaning, inspection, and repair of any damage found in the septic tanks caused by the discharge, collection and the prolonged holding of brine in the septic tanks. In speaking with other residents and through my own personal experience I have nothing but positive and constructive comments about the developer and some of the contractors they utilize, while other homeowners have experienced nothing but frustration and anger while trying to resolve issues concerning their homes with the developer. Until now I have regarded your firm as a professional and excellent developer of home sites. In my opinion your concern and willingness to assist homeowners in correcting problems they encounter during and after the purchase of their homes are commendable and I have every reason to believe that you will take prompt actions in resolving these serious matters. My hope is to reach a satisfactory resolution to the various Code violations without resorting to costly and involved litigation.

Thank you, //s// Daniel Brown

Enclosures: 1; Table 1, 2 pages c.c. Susan Marsett, DNREC: [email protected] Virginia George, President Wynn Wood Homeowners Association:

Table 1. Homeowners who have a water softener discharging brine into their septic tank, sorted by address. List removed