820164_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qua!

ENR
:r
'.Y-; JAMES B. HUNT A t'j-�;µ
-'GOVERNOR ..r
k' WAYNEMCDEVIft,:'
SECRETARY 1. -
h "i. Yr c: t
Z s4
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
June 3, 1998
Mr. Billy Tyndall
6431 N. 421 Hwy
Clinton, NC 28328
Subject: Notice of Recommendation for Enforcement
B&B Tyndall Farm
Facility No. 82-164
Sampson County
Dear Mr. Tyndall:
This letter is to notify you that the Fayetteville Regional Office of the
Division of Water Quality is considering sending a recommendation for
enforcement action to the Director of the Division of Water Quality. The
recommendation concerns the violation by the B & B Tyndall Swine -Farm of
North Carolina General Statute 143-215.1 for the discharge of wastewater to
the surface waters of the State from a non discharge facility on February 10,
1998.
. � Ca I ell I b 9 8 a6L-` e�-P QI f`
"�• t ? i 228 GREEN STREET SUITE 714, FAYETTEVILLE, NORTM CAROLINA 28301-8043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY 1 AFFIRMATIVE ACTION EMPLOYER -50% RECYCLCO/10% POST -CONSUMER PAPER
If you have an explanation for this violation that you wish to resent,
Y P Y P
please respond to this office on or before June 30 1998. Your explanation
will be reviewed and if an enforcement action is still deemed appropriate, your
explanation will be forwarded to the Director with the enforcement package
- 4
for his consideration.
. � Ca I ell I b 9 8 a6L-` e�-P QI f`
"�• t ? i 228 GREEN STREET SUITE 714, FAYETTEVILLE, NORTM CAROLINA 28301-8043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY 1 AFFIRMATIVE ACTION EMPLOYER -50% RECYCLCO/10% POST -CONSUMER PAPER

Mr. Tyndall
Page 2
June 3, 1998
If you have any questions concerning this matter, please contact me at [phone].
Sincerely,
C A�j
err Stevens
Regional Supervisor
cc: Sue Homewood - Compliance Group
Central Files - Raleigh
• • r

'V w
NCDENR_
JAMES B. HUNT JR: _,'.'T .
i,-
GOVERNOR
r�
WAYNE MCDEVITr t ' -
/ sHCR6TARY £,
4 �
1i 1
r {k•�s F ! „ It y. w
'.'
µrte .i�5'.�h.-? ii , .e'''y�;•�a.�i
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
June 30, 1998
Mr. Billy Tyndall
5431 N. US 421 Hwy
Cinton, NC 28328
Subject: NOTICE OF Y_IOLATIO N
Administrative Code 15A NCAC 2H .0217
B & B Tyndall Farm
Facility No. 82-164
Sampson County
Dear Mr. Tyndall:
You are hereby notified that, having been deemed permitted to have a
non discharge permit for the subject animal waste disposal system pursuant to
15A NCAC 2H .0217, you have been found to be in violation of your 2H
.0217 Permit.
On February 10, 1998, staff from the Fayetteveille Regional Office of
the Division of Water Quality observed irrigation and run-off occurring at
your farm during a routine fly -over of Sampson County. Approximately two
hours later when regional staff arrived at the farm, the irrigation and run-off
was still occurring. Animal waste was running out of the field via a low area
in the field and into a drainage feature which feeds into a pond owned by Mr.
Tyndall. The pond then feeds into an unnamed tributary to the Great Coharie
Swamp. Samples were collected by regional staff. After regional staff had
been on site for approximately 30 to 40 minutes, Mr. Tyndall arrived and was
asked to turn off the irrigation pump. The freeboard levels of the lagoons at
the time of this investigation were 21 " and 19". As the freeboard levels
indicate, this was not an emergency irrigation event due to heavy rains.
TheDivision of Water Quality requests that the following item(s) be
addressed:
Irrigation should be performed in a manner so as not to allow run-off
from the application fields.
228 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 20301.8043
PHONE [phone]$41 FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER -50% i1ECYCLEO/10% POET-CONOUMER PAPER

Mr. Tyndall
6-30-98
Page 2
Failure to comply with the above conditions may result in the facility losing it's deemed
permitted status and being required to obtain an individual non discharge permit for the facility.
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation or any past or future violation. Furthermore, the Division
of Water Quality has the authority to levy a civil penalty of not more than $10,000.00 per day per
violation.
If you have any questions concerning this matter, please do not hesitate to contact either
myself or Mr. John Hasty, Environmental Specialist, at [phone]
Sincerely,
Stephen A. Barnhardt
Acting Regional Supervisor
cc: Sue Homewood - Compliance Group
Wilson Spencer - Sampson Co. NRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh

020 W AT �6tG 1
V? �
o
July 11, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Billy Tyndall
6431 US Hwy 421 N
Clinton, NC 28328
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Subject: NOTICE OF VIOLATION
NCGS 143-215 et seq. & Section 402 of the Clean Water Act
BBB Tyndall Farm
Facility No. 82-164
Sampson County
Permit No. NCA282164
Dear Mr. Tyndall:
Coleen H, Sullins. Director
Division of Water Quality
You are hereby notified that, having been permitted to have a National Pollutant Discharge Elimination (NPDES)
permit for the subject animal waste disposal system pursuant to N. C. General Statutes 143-215 et seq, and
Section 402 of the Clean Water Act, you have been found to be in violation of your NPDES Permit.
Violation 1: Failure to maintain waste levels in your waste structure(s) in accordance with the facilities
Certified Animal Waste Management Plan. (Permit No. NCA2000000 Section V 3.)
On 11/22/2006 a waste structure liquid level was documented at 18 inches of freeboard at lagoon A. A level of 19
inches is the maximum level allowed by your permit.
Required Corrective Action for Violation 1:
At this time, the incident is closed. The Division strongly recommends that you review your facilities and procedures
with the goal of eliminating future high freeboards, which could lead to mandatory review of your Waste Utilization
Plan by a Technical Specialist, Notices of Violation or civil penalties in the future if freeboard noncompliance
remains an issue.
If you are not aware, you now may pump up to eight (8) inches below the "Stop Pump" mark between June 15 and
October 31 provided that the criteria in NRCS Standard for Waste Treatment Lagoon No. 359 are met.
N°d thCaro3ina
Aahtra!!y
North Carolina Division of Water Quality/Aquifer Protection Section 225 Green SO Suite 714 Fayetteville, NC 28301 Phone [phone]
FAX [phone] Internet: h2o.enr.state,nc.us Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper

Mr. Mr. Billy Tyndall
July 11, 2007
Page 2
Violation 2: Failure to submit a written report within 5 days to Division of Water Quality
(Permit No. NCA200000 Section III 11)
Your permit specifically requires notification by telephone within 24 hours and a written report within 5 calendar
days following first knowledge of the occurrence of a reportable permit condition. The Division of Water Quality has
no record of receiving the required 5 day written report.
Required Corrective Action for Violation 2:
In the future, please notify the Division of Water Quality of the occurrence of any reportable events in accordance
with your permit.
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions
for this violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy
a civil penalty of not more than $25,000.00 per day per violation.
If you have ,any questions concerning this matter, please do not hesitate to contact either Joan Schneier,
Environmental Specialist, or myself at [phone].
Sin
Ste en A. amhardt
Region ifer Protection Supervisor
SB/tab
cc: APS Central Files
FRO APS Files
Anthony Dial-SINC, FRO
Prestage Farms, Inc.

O�O� W A �ERpG
Billy Tyndall
B&B Tyndall Farm
6431 N US 421 Hwy
Clinton, NC 28328
Dear Billy Tyndall:
Michael F. Esstey, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
1
July 1, 2007
Subject: Certificate of Coverage No. AWS820164
B&B Tyndall Farm
Animal Waste Management System
Sampson County
In accordance with your application received on 20 -Feb -07, we are hereby forwarding to you this
Certificate of Coverage .(COC) issued to Billy Tyndall, authorizing the operation of the subject animal
waste management system in accordance with General Permit AWG 100000.
This approval shall consist of the operation of this system including; but not limited to, the management
and land application of animal waste as specified in the facility's Certified Animal Waste Management
Plan (CAWMP) for the B&B Tyndall Farm, located in Sampson County, with an animal capacity of no
greater than the following swine annual averages:
Wean to Finish: 0 Feeder to Finish: 5145 Boar/Stud: 0
Wean to Feeder: 0 Farrow to Wean: 0 Gilts: 0
Farrow to Finish: 0 Farrow to Feeder: 0
If this is a Farrow to Wean or Farrow to Feeder operation, there may also be one boar for each 15 sows.
Where boars are unneccessary, they may be replaced by an equivalent number of sows. Any of the sows
may be replaced by gilts at a rate of 4 gilts for every 3 sows
The COC shall be effective from the date of issuance until September 30, 2009 and replaces the NPDES
COC issued to this facility with an expiration date of July 1, 2007. You are required to continue
conducting annual surveys of sludge accumulation in all lagoons at your facility; the one-year extension
in Condition 111. 19 does not apply.
Pursuant to this COC, you are authorized and required to operate the system in conformity with the
conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC. An
adequate system for collecting and maintaining the required monitoring data and operational information
must be established for this facility. Any increase in waste production greater than the certified design
capacity or increase in number of animals authorized by this COC (as provided above) will require a
modification to the CAWMP and this COC and must be completed prior to actual increase in either
wastewater flow or number of animals.
Please carefully read this COC and the enclosed State General Permit. Enclosed for your convenience is
a package containing the new and revised forms used for record keeping and reporting, Please pay
careful attention to the record keeping and monitoriniz conditions in this permit.
Aquifer Protection Section 1636 Mail Service Center
Internet: www.ncwatMuality.org Location: 2728 Capital Boulevard
An Equal OpportunllylAffirrnallve Action Employer— 50% Recycled/10% Post Consumer Paper
lV�` Carolina
Datura!!{/
Raleigh, NC 27699-1636 Telephone: [phone]
Raleigh, NC 27604 Fax 1: [phone]
Fax 2: [phone]
Customer Service: [phone]
�j

If your Waste Utilization Plan has been developed based on site-specific information, careful evaluation
of future samples is necessary. Should your records show that the current Waste Utilization Plan is
inaccurate you will need to have a new Waste Utilization Plan developed.
The issuance of this COC does not excuse the Permittec from the obligation to comply with all applicable
laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate
under this permit convey any property rights in either real or personal property.
Uport abandonment or depopulation for a period of four years or more, the Permittee must submit
documentation to the Division demonstrating that all current NRCS standards are met prior to restocking
of the facility.
Per 15A NCAC 02T .0111(c) a compliance boundary is provided for the facility and no new water supply
wells shall be constructed within the compliance boundary. Per NRCS standards a 100 -foot separation
shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a
spray field.
Per 15A NCAC 02T .1306, any containment basin, such as a lagoon or waste storage structure, shall
continue to be subject to the conditions and requirements of the facility's permit until closed to NRCS
standards and the permit is rescinded by the Division.
Please be advised that any violation of the terms and conditions specified in this COC, the General Permit
or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143-
215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief.
If you wish to continue the activity permitted under the General Permit after the expiration date of the
General Permit, an application for renewal must be filed at least 180 days prior to expiration.
This COC is not automatically transferable. A name/ownership change application must be submitted to
the Division prior to a name change or change in ownership.
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to
apply for an individual permit by contacting the staff member listed below for information on this
process. Unless such a request is made within 30 days, this COC shall be final and binding.
This facility is located in a county covered by our Fayetteville Regional Office, The Regional Office
Aquifer Protection staff may be reached at 910433-3300. If you need additional information concerning
this COC or the General- Permit, please contact the Animal Feeding Operations Unit staff at (919) 733-
3221.
Sincerely,
for Coleen H. Sullins
Enclosures (General Permit AWG 100000, Record Keeping and Reporting Package)
cc: (Certificate of Coverage only for all cc's)
Sampson County Health Department
Sampson County Soil and Water Conservation District
Fayetteville Regional Office, Aquifer Protection Section
AFO Unit Central Files
Permit File AWS820164