By Glenn Rolfe

LAUREL — The owner of a mobile home park experiencing wastewater-treatment and disposal issues has been served a notice of violation for failure to remedy the system from Delaware’s Department of Natural Resources and Environmental Control.

Dated Nov. 2, the notice cites the Groundwater Discharges Section’s May 14 issuance of an on-site wastewater-treatment and disposal system permit to Mobile Gardens Manufactured Home Community, owner of the Briarwood Manufactured Home Community in Laurel.

The permit required that Mobile Gardens initiate construction of eight replacement systems — each to serve portions of Briarwood — within 30 days of the permit’s effective date, which was by June 13.

As of the Nov. 2 notice, DNREC had not received an authorization number request from a licensed contractor to begin the installation of the replacement systems, as required by the permit.

In addition, on June 15, the department conducted an inspection at Briarwood and found no evidence of construction activity associated with the installation of the systems.

The NOV was addressed to Ken Burnham of Pittsfield, New York. Mr. Burnham is also listed as the owner of Donovan Smith Manufactured Home Community, near Lewes, which also has experienced failing wastewater and septic system problems.

Efforts to contact Mr. Burnham by email Friday and through the weekend were unsuccessful.

DNREC’s corrective actions for Briarwood include that within 15 days of receipt of the NOV, Mobile Gardens shall:

• Submit to the department documentation demonstrating that it has hired a DNREC-licensed Class E system contractor to install the replacement systems.
• Submit to the department a construction schedule that details when construction of the replacement systems will be initiated, the order in which the eight replacement systems will be installed and a timeline that includes when construction on each of the eight systems is anticipated to begin and be completed.

The systems required were approved as replacements for an existing on-site wastewater-treatment disposal system that is failing, resulting in untreated wastewater surfacing on the ground in various locations throughout the community.

Exposure to untreated wastewater poses a health hazard to the public and the environment, the NOV stated.

Additionally, the notice requires that Mobile Gardens pump out all septic and dosing tanks in Briarwood within five days of receipt. Records documenting that these pump-outs were completed during that time shall be submitted to DNREC within six days of receipt of the notice.

Thereafter, Mobile Gardens shall pump out all septic and dosing tanks in the park a minimum of every five days, with records indicating such submitted to DNREC on the first business day of each month.

The notice also requires that if surfacing wastewater is observed in Briarwood, Mobile Gardens shall perform — by a licensed waste hauler — additional pump-outs of the associated tanks, as needed. Records documenting any pump-outs must be submitted to the department as directed.

Signage and fencing designed to keep people, notably children, and pets safely away from failing systems are also required under the NOV.