Following years of problems with on-site septic systems, the owner of Donovan-Smith mobile home park just outside the city limits of Lewes has been issued a notice of violation by the state.

The manufactured home community of more than 100 trailers and manufactured homes has an onsite wastewater treatment system that was found by the Department of Natural Resources and Environmental Control to be out of compliance, and it poses a risk to public health and the environment. The surfacing wastewater causes public health exposure concerns and contributes to groundwater pollution. According to DNREC, tests of the community’s water wells have not found contamination.

As part of the required corrective actions, Donovan-Smith MHP LLC shall pump out septic and dosing tanks within five days of receiving the notice of violation. Donovan-Smith MHP LLC shall pump out the system at a minimum every three days thereafter or more frequently if surfacing wastewater is observed.

DNREC is also requiring the park owner to connect to the Lewes Board of Public Works wastewater system.

The City of Lewes and BPW have been trying to annex and extend water and sewer services to the Donovan-Smith community for several years.

In late 2017, the city formed an annexation committee comprising four members of city council. The group weighed the pros and cons of annexation and offered a recommendation to move forward with annexation in February 2018.

From there, the BPW developed plans to provide water and sewer service to the entire development. According to Mayor Ted Becker, city engineer George, Miles and Buhr designed the system, and a path forward was established with the Donovan-Smith owner.

At that point, the Department of Natural Resources and Environmental Control entered the picture. It considered the financing element of the project and ultimately approved a grant to cover the estimated $5 million cost. BPW General Manager Darrin Gordon said the grant is intended to cover 100 percent of the project cost, with no financial impact on the park’s residents. Michael Globetti, DNREC media relations manager, said more information about the grant through the Underserved Communities Initiative should available by the end of the month.

Becker said the current delay is because the lender and DNREC are working to establish necessary easements in order for the project to move ahead.

Gordon said the BPW worked with the state to prepare a memorandum of understanding with the park owner that included several requirements to meet, including an obligation that the park owner cover any utility expenses required for the utilities for 20 years. The park owner would also be responsible for a $300,000 impact fee to the BPW, Gordon said.

However, as Becker said, Gordon also said the project is on hold while easements are approved for the utility infrastructure.

“The BPW continues to monitor the situation and stands ready to work closely with the parties involved to move this project forward,” Gordon said.

Once everything is in order, Becker said it would only take a vote of mayor and city council to approve annexation.

In recent weeks, Sussex County District 3 Councilman Mark Schaeffer has been very vocal that something needs to be done about the condition of Donovan-Smith’s wastewater system.

He said he will continue to advocate for residents in the Donovan-Smith community.

“People have got to be able to flush their toilets,” he said. “This has been ongoing for six years. Enough is enough.”

He said he has seen raw sewage on the property.

“The holding tanks have failed and are caving in, and the two drain fields are clogged, with nowhere for waste to go,” he said.

Schaeffer said county officials will deny permits in the park until corrective action is taken.

“The county has done all it can do. This is a State of Delaware issue,” he said.

Schaeffer said many questions remain as to why it's taken so long for any action to occur.

“You have to wonder if the park owner has something over somebody,” he said.

Schaeffer said the emergency order has no real teeth in it. The councilman said the owner should be fined every day that no action is taken.

“DNREC can place the rents into receivership. That will get his attention very quickly,” he said.

He said DNREC officials have neglected to mention the same problems occurring at five of the six parks the owner has in Sussex County.

In the meantime, Schaeffer said he is contacting state legislators who serve on the manufactured housing committee in an effort to get them to visit the park.

Corrective actions

• Donovan-Smith MHP LLC shall install a temporary fence designed to keep children and pets away from all areas with surfacing untreated wastewater

• Donovan-Smith MHP LLC shall post and maintain “Keep Out” signs around the areas of surfacing untreated wastewater

• Donovan-Smith MHP LLC shall pump out septic and dosing tanks within five days of receiving the notice of violation. Donovan-Smith MHP LLC shall pump out the system at a minimum every three days thereafter or more frequently if surfacing wastewater is observed. Pumping records shall be submitted to the department’s Groundwater Discharges Section within 14 days of receiving the notice of violation and then monthly thereafter until the violations are corrected

• DNREC has determined that a central wastewater system is physically and legally available to the park; therefore, Donovan-Smith MHP LLC must correct these violations by connecting the park to the sanitary sewer system.