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5 <br /> Mr. John Link, Jr. -2- Cardens Mobile Home Park <br /> By observation, several of the septic systems of individual <br /> mobile homes not attached to the sand filter are <br /> malfunctioning. <br /> Once the results are available from these efforts, I will be <br /> in a position to determine whether a "public health nuisance" <br /> exists in terms of GS 130A-19. Attached please find a copy <br /> of that general statue for your review. In consultation with <br /> County Attorney, Geoffrey Gledhill, it is apparent that, <br /> should this provision be invoked, the owner may refuse to <br /> comply with the order. The next step would be for the local <br /> health director to institute an action in the Superior Court <br /> which must be calendared for trail within 60 days after <br /> service of the complaint upon the defendant. Please note <br /> that the court may order the owner to abate the nuisance or <br /> direct the local health director to abate the nuisance. In <br /> this case, the cost of abating the nuisance would be borne by <br /> the county, recoverable through a lien on the property. <br /> Our attention next turned to the plans for the proposed new <br /> packaged treatment plant. The Orange County delegation <br /> explained our interest in having the new treatment plant <br /> effluent diverted approximately 1800 feet east of the <br /> property, along Highway 70 to be discharged into Stoney <br /> Creek rather than the existing plan, provisionally approved <br /> by DEM, to discharge into the existing roadside ditch. <br /> Mr. Mouberry replied that under current criteria of DEM, <br /> Stoney Creek has no better flow rate than the roadside ditch; <br /> therefore DEM is not in a position to require that the owner <br /> incur the expense to divert the effluent to Stoney Creek. He <br /> added, however, that if the owner requested permission to <br /> discharge into Stoney Creek it would be granted by DEM. <br /> Mr. Mouberry added that the treated effluent from the new <br /> packaged plant should have no health risks to the neighbor- <br /> hood. If the required monitoring should show a malfunction, <br /> Mr. Mouberry committed himself to taking action to close the <br /> Cardens Mobile Home Park. <br /> Please accept this report as a preliminary up-date on the <br /> request of the County Commissioners that the Health Director <br /> investigate and take appropriate action to correct the <br /> potential health problem at the Cardens Mobile Home Park. <br /> If you have any questions please do not hesitate to contact <br /> me or Mr. Tony Laws. <br />