420007_NOV and Intent to Assess_20200304

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
March 4, 2020
CERTIFIED MAIL 70172680000022367849
RETURN RECEIPT REQUESTED
Mr. Anthony Brian Sessoms
713 Cutchin Farm Road
Tarboro, North Carolina 27886-3540
SUBJECT: Notice of Violation & Intent to Enforce
NOV-2020-DV-0077
Sessoms Swine Farm
Permit No. AWS420007
Halifax County
Dear Mr. Sessoms:
On February 19, 2020, the Raleigh Regional Office Division of Water Resources received a
complaint that stated that there was wastewater overflowing from one of the lagoons on the
property, and that the wastewater was entering the adjacent creek. On February 20, 2020, Buster
Towell of this Office met you on site and confirmed that the complaint was valid.
Wastewater was actively running over the back portion of the dike wall from the primary waste
storage pond at 2-3 gallons per minute and was flowing into Deep Creek which is classified as C
NSW waters within the Tar -Pamlico River Basin. The outside of the dike wall was severely
eroded and Iooked as though that a discharge had been ongoing for some time. The Raleigh
Regional Office received no prior notification of any freeboard issues or reports of any
discharges from this facility. As a result of the investigation conducted on February 20, 2020,
the following violations of North Carolina General Statute 143-215.1(a) and your Animal Waste
General Permit AWS420007 were noted:
North Carolina General Statute (N.C..G.S.) 143-2I 5.1(a) states "no person shall do any of the
following things or carry out any of thee following activities until or unless that person shall
have applied for and received a permit from the Commission and has complied with all
conditions set forth in that permit: .......... Make any outlets into waters of the state."
Permit Condition I. PERFORMANCE STANDARDS
I. Any discharge of waste that reaches surface waters or wetlands is prohibited except as
otherwise provided in this General Permit and associated statutory and regulatory
provisions. The waste collection, treatment, storage and application system operated under
this General Permit shall be effectively maintained and operated as a non -discharge system
to prevent the discharge of pollutants to surface waters and wetlands,
Mr. Brian
QNorth Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Reglona! Office 13800 Barrett Drive I Raleigh, North Carolina 27609
�Oi�� 919391.4200

NOV-2020-DV-0077
Page 2
Permit Condition III. MONITORING AND REPORTING REQUIREMENTS
1. An inspection of the waste collection, treatment, and storage structures, and runoff
control measures shall be conducted and documented at a frequency to insure proper
operation but at least monthly and after all storm events of greater than one (1) inch in 24
hours. For example, lagoons/storage ponds, and other structures should be inspected for
evidence of erosion, leakage, damage by animals or discharge.
Permit Condition III. MONITORING AND REPORTING REQUIREMENTS
17. Regional Notifications: The Pernuttee shall report by telephone to the appropriate Division
Regional Office as soon as possible, but in no case more than twenty-four (24) hours following
first knowledge of the occurrence of any of the following events:
a. Failure of any component of the animal waste management system resulting in a discharge to
ditches, surface waters, or wetlands.
b. Any failure of the waste treatment and disposal system that renders the facility incapable of
adequately receiving, treating, or storing the waste or sludge.
d. Any deterioration or leak in a lagoon/storage pond that poses an immediate threat to the
environment or human safety or health.
h. Any discharge to ditches, surface waters, or wetlands or any discharge that poses a serious
threat to the environment or human health or safety.
The above noted violations are subject to civil penalties of up to $25,000.00 per day. This Office
is considering recommending to the Director an enforcement action for his consideration. Please
respond to this Notice in writing within 30 days of your receipt. If you wish to present any
explanations for the violations noted, or if you believe that there are factors which should be
considered, you should include this information along with your response. Your response will be
reviewed, and, if an enforcement action is still deemed appropriate it will be forwarded to the
Director.
If you have any questions regarding this Notice you may contact Buster Towell or me at (919)
791-4200.
;6��
Scott Vinson, Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: Halifax County Health Department
Fishing Creek Soil & Water Conservation District (Halifax)
AFO Central Office
RRO CAFO Files
February 20, 2020 Photographs attached
February 25, 2020 Photographs attached

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