Wsdi.investors.realty 2008.11.22 Violation.of.state.code.for.the.improper.installation.of.the.septic.tank.access.risers Uled

Daniel Brown xxx S. Wynn Wood Cir. Camden-Wyoming, DE 19934-4451 xxx-xxx-xxxx November 22, 2008 Re: Prohibited Water Softener Brine Discharge into Residential Septic Systems, June 17, 2008 Prohibited Water Softener Brine Discharge into Residential Septic Tanks, June 24, 2008 Dear Wynnwood Residents, June 16, 2008 State Code Violations; Water Softener Brine Discharge, Septic Tank Risers, July 1, 2008 Follow Up to State Code Violations; Water Softener Brine Discharge, Septic Tank Risers, July 12, 2008 Dear Wynnwood Resident, Received July 11, 2008

Investor's Realty 1685 South State Street Dover, DE 19901 302-736-0270 Attention: Dave Gilgenast: Subject: Violation of State Code for the Improper Installation of the Septic Tank Access Risers Investor's Realty/Wynn Wood LLC hereinafter will be referred to as Developer. Reference made to Delaware Code, State Code, the Code, State Code Exhibit, or regulations will refer to The Regulations Governing The Design, Installation And Operation Of On-Site Wastewater Treatment And Disposal Systems (Regulations). Investor’s Realty and DNREC should have copies of the above referenced letters. The originals are available through me and copies are available in the Community Issue blog section of the Wynn Wood Homeowners Association web site at: http://wynnwoodhoa.spaces.live.com/blog/?fl=cat . As a homeowner I purchased my home to enjoy a peaceful retirement here in the state of Delaware. I expected it to be an enjoyable event, not to read Regulations and Codes to ensure that a developer has developed my home to established State Code standards. During the purchasing of a home the prospected home buyer relies on the confidence and professionalism of developer to ensure that all Codes are adequately met before the purchase, not to write extensive letters to a developer to have obvious code violations corrected which existed prior to the sale of the home and receive no formal responses to any of them. As stated on your web site, “We only sell in the communities we own, so we are always there after the sale.” and “remember we're here to serve you!” There are currently still unresolved issues/problems with my septic system most of which violate State Code and needs to be corrected. The currently known issues/problems are; 1. Septic tank risers for the watertight access manhole covers do not extend above grade as per State Code Exhibit G (see Figure1 of Table1 attached), in violation of State Code. 2. Septic tank risers are not watertight as per State Code (see Figures 2 and 3 of Table1 attached), in violation of State Code.

Dave Gilgenast November 22, 2008 Subject: Violation of State Code for the Improper Installation of the Septic Tank Access Risers page 2 of 8

3. Septic tank is prematurely deteriorating in several areas from corrosion which I fully believe was caused by the water softener brine being discharged illegally into my septic tank for three and one half (3 ½) years which was in violation of State Code (see Figures 4-8 of Table1 attached). 4. A Class H septic inspection was conducted on my system and not one of the above issues or that my Distribution Box (D-box) was extensively cracked (see Figures 9 and 10 of Table1 attached) was noted on the inspection report turned into DNREC. It is a requirement by State Code and the State septic licensing requirements to report/record any defects found during any septic inspection. Known issues that have been resolved and/or are currently being resolved by Investor's Realty. A. Installation of water softener dry wells to accept water softener brine discharge to correct the State Code violation. 

There were fifty three (53) known homes where the water softener brine was allowed to be discharged into the affected homeowners’ septic system in violation of State Code.

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Mr. Andrew Strine of Investor’s Realty stated in a Homeowners Association meeting held on August 5, 2008 that they would install a dry well at no cost for each affected homeowner (or to that effect). Currently I have knowledge of around forty eight (48) installed dry wells, and I understand Investor’s Realty is continuing to install the remaining dry wells; thank you.

B. Septic system plastic D-box found having extensive cracks during a scheduled Class H septic inspection. 

There were three (3) septic systems that Investor’s Realty had inspected as an average of the affected homeowners where the brine was being discharged into the septic tanks. The average inspection was to determine if the brine being discharged into the affected septic tanks has caused any type of damage to the affected septic systems. If damage was found then repair/replacement procedures would be discussed.

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All three (3) septic systems that were inspected were found to have cracked D-boxes and were replaced by Investor’s Realty; thank you. But if the average inspection results determined the possibility of damage to the septic system due to the brine being discharged into them, then the same average can be used to determine if the remaining D-boxes within the development are potentially cracked, so the possibility exists that most if not all are cracked. In writing to DNREC concerning the D-boxes they stated to me: “There does seem to be a problem with the distribution boxes. I would concur that there may be more damaged boxes.”

In researching these areas I found the following: Extract from the Regulations governing The Design, Installation And Operation Of On-Site Wastewater Treatment And Disposal Systems (Regulations), located on the Delaware Department of Natural Resources and Environmental Control (DNREC) web site.

Dave Gilgenast November 22, 2008 Subject: Violation of State Code for the Improper Installation of the Septic Tank Access Risers page 3 of 8

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SECTION 6.00000 -- DESIGN AND CONSTRUCTION 6.07217 - Each septic tank shall be constructed with a watertight access riser for each compartment and shall extend above grade.

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EXHIBIT G, Typical Two Compartment Septic Tank; Watertight Access Manholes Extended Above Grade, Min 2”, Max 6”.

In reference to issue number 1 above: my septic tank risers for the watertight access manhole covers are approximately one and a half inches (1 ½”) below grade (see Figure1 of Table1 attached) which is clearly in violation of State Code and was in violation prior to the sale of my home. I am sure that most if not all of the other 181 homes within the Wynn Wood community is the same way and was sold that way without the homeowners having any knowledge it was in violation of the State Code. In reference to issue number 2 above: my septic tank risers are clearly not watertight (see Figures 2 and 3 of Table1 attached) which is in violation of State Code. The dirt can be seen forming around the area where water has been leaking into my septic tank. In reading material from the Tuf-Tite web site (assumed to be the manufacture due to the covers being stamped with their name) there should be watertight gaskets between the risers a “Molded-in lid gasket. No fighting with O-rings. Assures a watertight seal every time.” Clearly my risers are not watertight as advertised. Reviewing my Site Plan dated 6/18/04 it clearly states: “SEE EXHIBITS, G, H & K FOR PROPER INSTALLATION OF SEPTIC TANK, “D” BOX & DRAINFIELD”. I requested a copy of my Septic Permit from DNREC and after receiving permit number 202181-S for the development of lot #95 it also had EXHIBIT G, Typical Two Compartment Septic Tank as an attachment. I am sure that each and every homeowner within the Wynn Wood development has the same type documents pertaining to their home development on file with DNREC and they would all show the same thing. I know that no one would knowingly violate a State Code during the development of a home sub-division. The Site Plan and Permit clearly state that the developer/contractor should have complied with Exhibit G for the proper installation of the septic tank as authenticated by their signature on the stated documents. Knowing that Investor’s Realty has requested and received a copy of the permits issued for each developed lot within the Wynn Wood sub-division from DNREC, Investor’s Realty can also clearly see that the requirements were stated in the issued permits during development. Again it would appear that the developer/contractor who was responsible for the installation and setup of the septic system made a conscious decision to willfully disregard the State Code by violating section 6.07217 by willfully and knowingly not install the watertight access manholes to extend above grade as per Exhibit G of the Regulations. In reference to issue number 3 above: my septic tank is deteriorating in several areas from corrosion (see Figures 4 thru 7 of Table1 attached) again which I fully believe this was caused by the water softener brine being discharged illegally into my septic tank for three and one half (3 ½) years. In speaking with the septic contractors who have been at my home they stated that if the corrosion was caused by hydrogen sulphide gas (septic gases) forming in the tank which Investor’s Realty suggests it was that the corrosion from the septic gases would be premature for the age of my system. That septic tanks are vented to eliminate the buildup of gases and that the corrosion could be an indicator of a faulty tank.

Dave Gilgenast November 22, 2008 Subject: Violation of State Code for the Improper Installation of the Septic Tank Access Risers page 4 of 8

On June 12, 2008 I showed you the corrosion in my septic tank, which is in my opinion, is considerable separation on the concrete wall caused by the brine that had been allowed to be discharged into the septic tank and soak into the concrete. As I stated, this was due to the unauthorized discharge of brine into my septic tank that caused the salt corrosion which will lead to the premature failure of the tank if its not repaired or replaced. I now have corrosion around the outlet baffle, underside of the tank adapter ring for the risers (which was cast into the tank when it was poured), and the passage hole in the dividing wall/baffle of the tank. I found this during the inspection conducted on my septic system on July 30, 2008, which was not noted as a “concern” on the inspection report sent to DNREC. According to information received from DNREC, no brine water was to be discharged into the septic system and that brine discharge could have a corrosive effect on the septic system. I fully believe this has happened to my septic tank and IS why DNREC requires a separate drain (dry well) for the water softener brine. In reference to issue number 4 above: During a meeting with Investor’s Realty on July 21, 2008 which you were present Mr. Andrew Strine made a statement to the effect that no matter which septic inspector they have inspect our septic systems everyone would believe they were working for the best interest of Investor’s Realty. I now fully understand exactly what was meant by Mr. Strine saying that. 

Investor’s Realty had a Class H septic inspection conducted on my system July 30, 2008. After I notified DNREC that my septic system was inspected and that my D-box was replaced (DNREC had no knowledge of the inspection or replacement of the D-box) the inspection results were finally turned into DNREC on October 1, 2008, a full two (2) months late, which is in violation of State Code and septic licensing requirements, and only after DNREC made an inquiry about it. The report states that my inspection was conducted on August 8, 2008 and not on July 30, 2008 when it was actually conducted.

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My septic system/tank had on July 30, 2008 when it was inspected: 1. An extensively cracked D-box. 2. Risers for the watertight access manhole covers’ below grade. 3. Non watertight risers for the access manhole covers’. 4. Corrosion within my septic tank. I had even pointed out each of these areas to the septic inspector and asked if they were ok, and they still were not noted in the report turned into DNREC as required by State Regulations.

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After the completion of my septic inspection conducted on July 30, 2008 I waited for a copy of the inspection results to be sent to me for my records. After waiting two (2) months and not hearing anything I requested a copy of the results from Investor’s Realty who had contracted for the septic inspection and who should have received a copy of the completed inspection results from the inspector (which Investor’s Realty should have received on August 11, 2008). Investor’s Realty reply was that I needed to sign a Septic Certification waiver from Weaver’s Sanitation which was dated August 8, 2008 in order to receive a copy of the inspection results from Investor’s Realty. I had no idea that Weaver’s Sanitation has administrative control over Investor’s Realty where a customer is required to sign a waiver to the inspector’s company before a document can be sent from the contractor (Investor’s Realty) who contracted for their services, a document which is publicly available and obtainable through DNREC (after they finally received it) where you are not required to sign a waiver in order to receive a copy.

Dave Gilgenast November 22, 2008 Subject: Violation of State Code for the Improper Installation of the Septic Tank Access Risers page 5 of 8

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Around October 2-3, 2008 I received from Investor’s Realty a copy of the Septic Certification waiver from Weaver’s Sanitation that was dated August 8, 2008 which certified that on that date my septic system was serviced and in proper working condition. Weaver’s Sanitation conducted my septic inspection on July 30, 2008 and had no knowledge what so ever as to the condition of my septic system on August 8, 2008 as the certification suggests unless they came to my home without my knowledge and conducted another inspection/service on August 8, 2008. The Septic Certification waiver dated August 8, 2008 will not be signed by me; I was not the customer/client (Investor's Realty was, so did you sign the waiver) on that specified date and I did not have my septic inspection/pumping conducted on that specified date. To me that certification waiver was either falsely dated or they inspected some other septic system and falsely implied that it was my septic system that was inspected on that specified date. Which ever was done, Investor’s Realty was the customer/client who paid for and had a septic inspection conducted on my septic system on July 30, 2008 and as the customer/client should have signed a Septic Certification waiver from Weaver’s Sanitation for the inspection results conducted on July 30, 2008 in order to receive a copy of the inspection results conducted on July 30, 2008, and who should have sent a copy of the inspection results to me which should have been dated July 30, 2008.

It does not appear that the inspection was conducted in the best interest of the homeowner, for whatever reason the visible/known concerns with my septic system was not noted in the inspection report, so whose interest was the inspection conducted for. I think Mr. Strine said it best. In writing to DNREC concerning the D-boxes they stated to me: “True the dates seem wrong and the repairs were not noted by Weaver’s on two of three inspections. Also the discharge line was noted on one inspection as being relocated on 8/27/08.” I assume that the inspections and services were conducted on the three (3) homes prior to August 1, 2008, yet Weaver’s Sanitation was able to predict into the future that a discharge line would be relocated on August 27, 2008. Are there any Class H septic inspection/service documents which show that an inspection/service was conducted on my septic system on July 30, 2008? If so I would like to receive a copy of these documents (without requiring the signature of any unnecessary waivers for public documents) for my records and I will forward the “correct” documents to DNREC and I will ensure they receive them in a timely manner after I receive them. Septic System Components Implied Warranty. During the inspection/service conducted on my septic system on July 30, 2008 when the D-box was discovered to be cracked Mr. Derrick Strine stated to me that the septic installer warranted the septic components for five (5) years and would replace the D-box without cost to me as they did with the first septic system that was inspected where the D-box was also found cracked. When the septic installer Ken Darling of Ken Darling and Sons arrived at my home on August 4, 2008 to replace my D-box I thanked him for having a five (5) year warranty on the septic components and replacing my D-box under that warranty. The septic installer stated that he did not have a five (5) year warranty that he only warrants the installation of the septic system for one (1) year, that the five (5) year warranty deal for the septic components was made by Mr. Derrick Strine (Investor’s Realty) who during the development of Wynn Wood purchased the septic components in bulk to reduce the overall cost of the septic systems for Wynn Wood. That he as the septic installer recommend that they (Investor’s Realty) spend an extra ten ($10) dollars for each septic system and install cement D-boxes which is normally installed within the state and which would not crack under pressure. I could be wrong but I believe that if it was the developer who purchased the septic components in bulk during the development of the Wynn Wood sub-division and only contracted to have those bulk septic components installed by a septic installer , then its the developer is who warrants the components, not the installer.

Dave Gilgenast November 22, 2008 Subject: Violation of State Code for the Improper Installation of the Septic Tank Access Risers page 6 of 8

Now I find out that there is an implied five (5) year warranty from the developer for the septic components and I am sure that the other homeowners within the Wynn Wood development are unaware that the developer has implied that a five (5) year warranty exists for the septic components. Since the developer did not pass on any information concerning the septic components to myself or possibly to the other homeowners during the purchasing of our homes, then the developer holds the responsibility of upholding the implied five (5) year warranty stated by Mr. Strine. I am sure that any lawyer would agree that a verbally implied warranty holds the same lawfulness as a written warranty and the rights under a verbal warranty could be upheld by anyone making a claim under said warranty the same as if it was in writing. I am unaware if the homeowners within the development who may have had to repair or replace any components for their septic system due to material failure or workmanship knew that there was an implied five (5) year warranty and that they could have a claim under that implied five (5) year warranty to Investor’s Realty for any repairs/replacements they may have done to their septic components due to material failure or workmanship within that said five (5) year implied warranty. I am sure that some of the homeowners at their cost (that Investor’s Realty replaced for me at no cost) had to replace their septic manhole covers due to cracking (material failure), and I am sure that some of these homeowners have water seeping between their risers (material failure/workmanship) the same as I do. I know that by my stating this Investor’s Realty will now produce a listing of what is and is not covered by the implied five (5) year warranty or deny/acknowledge that the implied five (5) year warranty as stated exists. The implied five (5) year warranty was stated to me as the septic components and knowledge of the implied five (5) year warranty for the septic components was made by an outside source other than a homeowner within the Wynn Wood development or Investor’s Realty, the septic installer, Ken Darling. Under the implied five (5) year warranty I would like to make an official warranty repair/claim to my septic system for the following defected septic components; 

Septic Tank Watertight Access Manhole Covers – a component of the septic system – defects in the manufactured material – manhole covers which have cracked within one year of being in service, or it also had something heavy driven over it.

This repair/claim is completed – A repair/replacement for the Watertight Access Manhole Covers under the implied five (5) year warranty was completed on July 30, 2008 by Investor’s Realty. 

Septic Distribution Box (D-box) – a component of the septic system – for material failure due to improper installation – i.e. driving construction equipment weighing tons over the plastic septic component prior to it being covered with the proper amount of soil and crushing/cracking it. I have pictures (see attached table) of the D-box showing that the lid was crushed downward, the sides were crushed inward, and the bottom was crushed upwards due to excessive weight being applied to it.

This repair/claim is completed – A repair/replacement for the D-box under the implied five (5) year warranty was completed on August 4, 2008 by Investor’s Realty.

Dave Gilgenast November 22, 2008 Subject: Violation of State Code for the Improper Installation of the Septic Tank Access Risers page 7 of 8

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Septic Tank Watertight Access Risers – a component of the septic system – Septic tank watertight access risers do not extend above grade as per Exhibit G of the State Code.

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Septic Tank Watertight Access Risers – a component of the septic system – Septic tank watertight access risers are not watertight as per Exhibit G of the State Code standards.

The two repairs/claims above are not completed – The repair/replacement/installation of the correct Watertight Access Risers under the implied five (5) year warranty by Investor’s Realty would bring this issue to Code. 

Septic Tank – a component of the septic system – Septic tank is continuing to prematurely deteriorate from corrosion which I believe is due to the years of the illegal discharge of water softener brine/backwash into my septic tank where Investor’s Realty allowed the brine to be discharge into my septic system during development by not ensuring that a brine dry well was properly installed. If one would contribute the “septic gases” as the cause of the corrosion to my septic tank, then the excessive “septic gas” corrosion which is continuing to prematurely deteriorate my septic tank which has been in service for only four (4) years and only to my septic tank shows a defect in material and falls under warranty replacement.

As I stated in my prior letter; It can be argued that the homeowners through the settlement contract paid for the septic system's and would be/are responsible for the cost of the installation of any additional risers required to bring their home sites to Code. I would argue that the developer recklessly made the representation that the septic tanks were to Code by finalizing a settlement date to the homeowners, it could also be argued for Silent Fraud and Innocent Misrepresentation. If the correct installation of the risers for the septic tank watertight access manhole covers are corrected without cost to not only myself but the Wynn Wood homeowners (which should have been installed correctly prior to the homeowners purchasing their homes and where the homeowner had every expectation that they were installed to Code) would bring the Wynn Wood community homes to Code concerning the septic risers, and would release Investor's Realty from the responsibility of this Code violation and show how Investor's Realty in good faith stands behind it's motto: “remember we're here to serve you” and “we are always there after the sale”. Investor's Realty as I see it and which I have stated before both verbally and in my letters holds full responsibility for; the installation of the dry wells (which has been/are being installed); the servicing of the affected septic tanks to remove the brine sediment (where they have only serviced three); the possible damage/repair caused by the brine illegally being discharged into them (where they have not taken any stance on this issue); the septic tank watertight access manhole covers not extending above grade (which is still a State Code violation); the septic tank watertight access risers not being watertight (which is still a State Code violation). During a meeting with Investor’s Realty on July 21, 2008 which you were present the issue of the septic tank risers was discussed. I explained that my septic tank access risers as with all of the other homeowners within the Wynn Wood development were not installed to Code, that they are below grade and that the septic permit and exhibit G clearly shows that they should be above grade. Mr. Andrew Strine stated to the effect and questioned me if I had risers on my septic tank, I replied yes, as does everyone within the state of Delaware who has a septic system, but mine were not installed to Code. He asked the same question several times and received the same response.

Dave Gilgenast November 22, 2008 Subject: Violation of State Code for the Improper Installation of the Septic Tank Access Risers page 8 of 8

Mr. Strine then produced a paper which was supposedly my septic permit and said that DNREC checked the box showing that risers were installed, that I agreed that I do have risers installed, that it was DNREC who certified/signed that my septic system was installed correctly and that risers were installed so if I had a problem I should take it up with DNREC. I did, I requested from DNREC any septic document pertaining to the development of my home which shows where DNREC had checked a box showing that risers were installed on my septic tank and where DNREC certified/signed off on the septic system installation certifying that it was correct. They could not give me copies of any document pertaining to DNREC certifying my septic system due to them “not” certifying my septic system. My septic system as I am sure most of the other home sites were signed off by DNREC on line 12 of the Inspection Report/Certificate of Completion giving “Authorized to Cover Without Benefit of Department Inspection” to the developer/contractor who signs/certifies that the septic system was installed correctly and to Code then turns the completed forms into DNREC who receives/files them, as it is common practice to do so during a sub-divisions development. The documents I have received from DNREC does not support Investor’s Realty continued effort to place the blame of the septic systems failing State Code onto DNREC. If Investor’s Realty has any type of septic documents related to the installation/certification of my septic system showing where DNREC had approved/certified my septic system I would like to receive a copy so I can turn it into DNREC which will allow them to have a more up to date and complete record file pertaining to my septic system. It could be that you have a document that should have been filed with DNREC, and just hasn’t been turned in yet and I do not mind assisting you in getting that document to DNREC. If these issues/code violations were corrected in a timely manner by Investor’s Realty it would not only bring the Wynn Wood development into Code as it should have been when it was developed but would put an end to the detailed letters from the homeowners. I await your timely response to this letter so that I may forward it to the HOA President. This letter and response will be posted to the HOA site to inform the association as to the status of these situations.

Sincerely, //s// Daniel Brown Enclosures: 1, Table 1: Wynn Wood Development - Lot 95 Septic Tank Condition c.c. Susan Marsett, DNREC: [email protected] Virginia George, President Wynn Wood Homeowners Association:

Table 1: Wynn Wood Development - Lot 95 Septic Tank Condition

Figure 1: The watertight access manholes clearly do not extend above grade

Figure 2: The septic tank clearly was not constructed with a “watertight” access riser for each compartment

Figure 3: Dirt seepage through the “watertight” access riser

Figure 4: Corrosion around the outlet baffle

Figure 5: Corrosion around the inner tank separator wall

Figure 6: Corrosion around the Tank Adapter Ring The picture on the left Figure 8 was included in the University of Guelph - Impact of Water Softeners on Septic Tanks, Field Evaluation Study Dated July 15th, 2005

Figure 7: The corrosion in my septic closely resembles the picture on the right

Figure 8: Corroded Outlet Baffles of Tanks Receiving Water Softener Backwash

Figure 9: Cracked D-Box found during the inspection, note the bottom is pushed inward

Figure 10: Cracked D-box cover, cracked along the entire covers structural support ribs