970028_ENFORCEMENT_20171231

State of North Caro&
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Tommy Eller
Tommy Eller Farms
3003 Falls Rd
Moravian Falls NC 28654
Dear Tommy Eller:
i
1 � •
f
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT ANo NATURAL RESOURCES
March3, 1998 RECEIVED
N.C. Dept. of EHNR
MAR 0 5 t098
Winston-Salem
Subject: Removal of Registration Rebional Office
Facility Number 97-28
Wilkes County
This is to acknowledge receipt of your request that your facility no longer be registered as an animal waste
management system per the terms of 15A NCAC 2H .0217. The information you provided us indicated that your
operation's animal population does not exceed the number set forth by 15A NCAC 2H .0217, and therefore does not
require registration for a certified animal waste management plan.
Under 15A NCAC 2H .0217, your facility is deemed permitted if waste is properly managed and does not
reach the surface waters of the state. Any system determined to have an adverse impact on water quality may be
required to obtain a waste management plan or an individual permit. You are reminded that a discharge of wastes to the
surface waters of the state will subject you to a civil penalty up to $10,000 per day.
Should you decide to increase the number of animals housed at your facility beyond the threshold limits listed
below, you will be required to obtain a certified animal waste management plan and contact the Division of Water
Quality prior to stocking animals. Threshold numbers of animals that require certified animal waste management plans
are as follows:
Swine 250
Confined Cattle 100
Horses 75
Sheep 1,000
Poul with a liquid waste system 30,000
If you have questions regarding this letter or the status of your operation please call Sue Homewood of our staff
at [phone] ext 502.
Sincerely,
A. Preston Howard, Jr., P.E.
cc Winston-Salem=Water QualityyRegional:Office
Wilkes Soil and Water Conservation District
FacilityFile
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
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f„
.
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Tommy Eller
Tommy Eller Farms
3003 Falls Rd
Moravian Falls NC 28654
Dear Tommy Eller:
AML
Aria
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT ANC) NATURAL RESOURCES
February 11, 1998
RECEIVE
N.C. Dept, of EHNR
FEB 2 5 1999
Winston--SaIGM
Regional 00100
Subject: Request for Status Update
Certified Animal Waste Management Plan
Tommy Eller Farms
Facility Number: 97-28
Wilkes County
In accordance with State Regulations (15A NCAC 2H .0217(a)(1)(E)) adopted by the Environmental
Management Commission on February 1, 1993, the owner of the subject facility was required to submit a
Certification Form for the facility's animal waste management system by December 31, 1997.
This letter is to advise you that this office has no record of having received the required Certification for
the subject facility. Please provide this office with an explanation as to why this Certification was not
submitted as required. This explanation must be received within 30 days following the receipt of this letter.
Any existing facility owner which did not submit the required certification by the deadline is no longer
deemed permitted to operate their animal waste management system. Therefore, if the certification was not
submitted as required and the facility is still in operation, this facility is being operated without a valid
permit. N.C.G.S. 143-215.6(b) allows the Secretary of the Department of Environment and Natural
Resources to take appropriate enforcement actions for this violation for as long as the violation continues.
As per Senate Bill 1217, which was ratified on June 21, 1996, the Environmental Management
Commission (EMC) may enter into a special agreement with facilities that did not meet the December 31,
1997 deadline. These special agreements can only be issued to facility owners which signed up for assistance
with their local Soil and Water Conservation District Office by September 1, 1996 and which can
demonstrate that they made a good faith effort to meet the December 31, 1997 deadline. The special
agreement, if issued, would contain a specific schedule for the facility to follow to develop and/or implement
an approved animal waste management plan. Attached is an application for a special agreement between the
EMC and the subject facility. If you can demonstrate that this facility can meet the conditions for a special
agreement, you may send this request along with your explanation as to why the plan has not been developed
and implemented. This request would also be due within 30 days from receipt of this letter.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
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Alsoat � ,yea is a form (FoJW 2/98) that must be f11ed out if the facility i longer in operation or is
below the tlireshold established in A NCAC 2H .0217(a)(1)(A). Facilities which lain the number of animals
below certain thresholds are not required to be certified. These thresholds are:
100 head of cattle
75 horses
250 swine
1000 sheep
30,000 birds with a liquid system
Please,subrnit this form if the subject facility is not operating or is below the threshold limit established in 15A
NCAC 2H.0217(a)(1)(A).
Please submit all responses to this matter to the following address:
Attn: Shannon Langley
Division of Water Quality
P.O. Box 29535
Raleigh NC 27626-0535
Once your response is received, it will be evaluated in detail along with any supporting information that
you may wish to submit. Following this review, you will be advised of the results of the review and of any
additional actions that must be taken to bring your'facility into compliance.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with the requirement to develop and implement a certified animal waste
management plan by December 31, 1997. Please also be advised that the submittal of a request for a special
agreement does not assure that one will be issued. Each facility will be reviewed on a case by case basis and
appropriate actions will be taken to bring each facility into compliance.
Thank you for your immediate attention to this issue. If you have any questions concerning this matter,
please do not hesitate to contact Mr. Shannon Langley of our staff at [phone] ext. 581.
Sincerely,
A. Preston Howard,
cc: Facility File — Non -Discharge CompliancAnforcement Unit
DWQ Regional Office
Shannon Langley
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626.0535 Telephone [phone] Fax [phone]
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0
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Steve W. Tedder, Chairman
Tommy E. Eller
3003 Falls Road
Moravian Falls NC 28654
Dear Mr. Eller:
•
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AN15VA
! 4
. of FA
IDEH[NJ R
November 6, 1997
Subject: Operator In Charge Designation
RECEIVED
N.C. Dept. of EHNR
NOV 10 1997
Winston -Sale
Regional Offico
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission
on Agricultural Waste, was ratified by the North Carolina General Assembly on June 21, 1996.
This bill required that a properly certified operator be designated as the Operator in Charge for each
animal waste management system that serves 250 or more swine, 100 or more confined cattle, 75 or
more horses, 1,000 or more sheep, or 30,000 or more confined poultry with a liquid animal waste
management system.
The deadline for designating an Operator in Charge for animal waste management systems
involving cattle, horses, sheep, or poultry was January 1, 1997. Because a training and
certification program was not yet available for these systems, you were allowed to apply for and
were issued a temporary animal waste management certificate from the Water Pollution Control
System Operators Certification Commission (WPCSOCC). Because you applied for and were
issued a temporary certificate, you were allowed to be designated as the Operator in Charge of an
animal waste management system.
Your temporary certificate expires December 31, 1997, and is not renewable. Our records indicate
that you have not obtained a permanent animal waste management system operator certification. If
you intend to remain the Operator in Charge of the facility for which you were designated, you must
obtain a permanent animal waste management system operator certification of the appropriate type
before your temporary certification expires on December 31, 1997. To obtain a permanent
certification, you must be 18 years of age, complete ten hours of approved training, and pass an
examination. If you do not intend to remain the Operator in Charge, a properly certified animal
waste management system operator must be designated as Operator in Charge of the facility prior to
the expiration of your temporary certification.
This year's final training program for both Type A and Type B animal waste management systems
is scheduled for December 10 and 11, 1997, at the Hunt Horse Complex in Raleigh. If you would
like information about this training program, please contact your local cooperative extension agent
or call Dee Ann Cooper at 919/515-6968. For those enrolled in this training and registering with
Ms. Cooper prior to December 1, an exam will be offered at the Hunt Horse Complex on December
11, beginning at 1:00 pm.
Water Pollution Control System Operators Certification Commission
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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In addition to the training and testing at the Hunt Horse Complex, examinations for permanent
certification will be offered on December 11, 1997, in Williamston, Kenansville, Raleigh
(Wake Tech), Wentworth, Salisbury and Morganton. This examination date will be the last
opportunity to obtain permanent certification before your temporary certification expires. If you
need additional information or have questions concerning the examinations for certification, please
call Beth Buffington at 919/733-0026. For additional information about other training
opportunities, please contact your local cooperative extension agent or call David Crouse at
919/515-7302.
Sincerely,�U4
Joseph B. McMinn, Supervisor
Technical Assistance and Certification Unit
cc: Regional Office
Water Quality Files
sharedfolder/beth/animalwaste/tempcertfollowup

0 Routine O Com taint O Follow-up of DW9 ins ection O Follow-upof DSWC review O Other
Date of Inspection %o-r
Facility Number �
Time of Inspection 24 hr. (hh:mm)
Total Time (in fraction of hours
Farm Status: W Registered ❑ Applied for Permit (ex:1.25 for 1 hr .15 min)) Spent on Review
❑ Certified ❑ Permitted or Inspection includes travel andprocessing)
❑ Not Operational �� pDate Last Operated: ............. .............................................................................................................................................
FarmName:.. ........ ..... rSr4�tt.......................................... County: .......... ill!rir�r�,yt�r............................ . � Q.
Land Owner Nante... ...i ........................................ Phone No:....�..' `7�. ....�� 7.........
Ij—
Facility Conctact:....................... Title:................................................ Phone No:^.`�.� �.L..........
MailingAddress:...... J.%c.).3.........4:& &.............. ................................. ........ . .rlat� tt ..... ....... .,............
Onsite Representative:
Integrator:
Certified Operator : ............. ..................................... ....................................... ...... ................ Operator Certification Number:..........................................
Location of Farm:
Latitude (� • ®4 © L{ Longitude • 6 + a 14
General
1. Are there any buffers that need maintenance/improvement? ❑ Yes [moo
2. Is any discharge observed from any part of the operation? ❑ Yes M14o
Discharge originated at: ❑ Lagoon ❑ Spray field ❑ Other
a. If discharge is observed, was the conveyance man-made? ❑ Yes 93"1
b. If discharge is observed, did it reach Surface Watef? (If yes, notify DWQ) ❑ Yes Cal Io
c. If discharge is observed, what is the estimated flow in gal/min? Ada
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes PTo
3. Is there evidence of past discharge from any part of the operation? ❑ Yes grNo
4. Were there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes mo�o
5. Does any part of the waste management system (other than lagoons/holding ponds) require ❑ Yes W<o
maintenance/improvement?
4/30/97 Continued on back

Fgicility Number: ,...7... —...2
' 6. Is facility not in compliance with any Oicable setback criteria in effect at the time of ilt5'ign? ❑ Yes j-io
7. Did the facility fail to have a certified operator in responsible charge? Wes ❑ No
8. Are there lagoons or storage ponds on site which need to be properly closed? ❑ Yes �Ko
Stryetutes (j,aggonsa li /
9. Is storage capacity (freeboard plus storm storage) less than adequate? El Yes Ili O
Freeboard (ft): Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
10. Is seepage observed from any of the structures? ❑ Yes U<O'
11. Is erosion, or any other threats to the integrity of any of the structures observed? ❑ Yes UK
12. Do any of the structures need maintenance/improvement? ❑ Yes �o
(If any of questions 9-12 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
13. Do any of the structures lack adequate minimum or maximum liquid level markers? [:]Yes LJd O
Wage Applicatign
14.
Is there physical evidence of over application?
❑ Yes
W40
(If in excess of WMP, or runoff entering waters of the State, notify DWQ)
15.
Crop type .......... ............. ...... ...... ............ ....... .............. ....................... ............... ................................ .................... ..........................
16,
Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)?
❑ Yes
93'1�o
17,
Does the facility have a lack of adequate acreage for land application?
❑ Yes
Q o
18.
Does the receiving crop need improvement?
❑ Yes
UKO
19.
Is there a lack of available waste application equipment?
❑ Yes
0� No
20.
Does facility require a follow-up visit by same agency?
❑ Yes
UK
21.
Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
Certified Facilities
❑ Yes
M40
Fo[
22.
Qnly
Does the facility fail to have a copy of the Animal Waste Management Plan readily available?
❑ Yes
❑ No
23.
Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes
❑ No
24.
Does record keeping need improvement?
❑ Yes
❑ No
: .
Comments,(refer to gueshon #) " Explain any answers'and/ or any recommendations of any; other comments
Use, ,drawmgs. of facility to better explam.situations' (use additional'pages as necessary)
(7) 'i✓�- �1✓ � � a+ti to -z,-�� 4
Reviewer/Inspector Name
111M 377*
..�i j '�
Reviewer/Inspector Signature:
Date:
cc: Division of Water Quality, Water Quality Section, Facility Assessment Unit 4/30/97

i
i
r3 .'
p Division of Soil Water Conservation M Other Ag
p I Quality
s
Division of Water u g #
s�� y7y7jj{{ ,13
7 �£_ {� �
I.., d. , Ee�. I, ' s? 1k,
19 Routine p romplalint p o ow -up of DWQ inspection p o ow -up of DSWC review p Other
Date of Inspection
Facility Number
Time. of Inspection 24 hr. (hh:mm)
Registered p Certified p Applied for Permit p Permitted in Not 0peratlona Date Last Operated:
Farm Name:1omz11y-EllerF.a.rtus................................................................................... County: Wilkes WSRO
OwnerNanic: T.ommy................................... Eller ............................................................. Phone No: 9.10.TK:311.7.........................7-..............................
FacilityContact:...................................................Title:............................................................... Phone No:....................................................
Mailing Address:.300-Eails.li,d........................................................................................ Moraxian..Falls..Nliri........................................... .280.4..............
Onsite Representative: No,an.axailable......................................................................... Integrator:Tysnm..........................................................................
Certified Operator:...........................................................
Location of Farm:
..........., Operator Certification Number: .........................................
51
Latitude ®. ®° ©°� Longitude
Swine Capacity ,'Population Il'oultryCapacc ty Population Cattle; Capac ty Population
A?�%4
p Wean to ee er
p Feeder to Finish
p Farrow to Wean
p Farrow to ee er
p Farrow to Finis
p Gilts
p Boars
N
LL erains
''F1k g i d1i1g,YOntds r� u 1,113 ions quite uas e.. anagemello Lagoon y em area Ipl'bpray rie�ia Area I'sr
General
1. Are there any buffers that need maintenance/improvement?
2. Is any discharge observed from any part of the operation?
Discharge originated at: p Lagoon p Spray Field p Other
a. If discharge is observed, was the conveyance man-made?
b. If discharge is. observed, did it reach Surface Water? (If yes, notify DWQ)
c. if discharge is observed, what is the cstimated flow in g, I/inin?
d. Does discharge bypass a lagoon system? (if yes, notify DWQ)
3. Is there evidence of past discharge from any part of the operation?
4. Were there any adverse impacts to the waters of the State other than from a discharge?
5. Does any part of the waste management system (other than lagoons/holding ponds) require
maintenance/improvement?
6, is facility not in compliance with any applicable setback criteria in effect at the time of design?
E3 Yes ® No
Yes ® No
C] Yes ® No
p Yes ® No
N/A
p Yes ® No
p Yes ig No
p Yes ® No
p Yes ® No
p Yes ® No
7. Did the facility fail to have a certified operator in responsible charge?
7/25/97
a
® Yes p No

10
'
Facility Number: 9 _2
.
8.
Are there lagoons or storage ponds on site which need to be properly closed?
p Yes
g No
Structures (Lagoons,Flolding Ponds, Flush Pits, etc.)
9.
Is storage capacity (freeboard plus storm storage) less than adequate?
p Yes
p No
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5
Structure
6
Identifier:
Freeboard(ft):................................................................................................................................................................................
...................................
10.
Is seepage observed from any of the structures?
13 Yes
® No
11.
Is erosion, or any other threats to the integrity of any of the structures observed?
p Yes
g No
12.
Do any of the structures need maintenance/improvement?
p Yes
®No
(If any of questions 9-12 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
13.
Do any of the structures lack adequate minimum or maximum liquid level markers?
p Yes
M No
Waste Application
14.
Is there physical evidence of over application?
p Yes
® No
(If in excess of WMP, or runoff entering waters of the State, notify DWQ)
15.
Crop type ......................ftac=...................... ...................... k esp ue.....................................................................................................................................
16.
Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)?
p Yes
g No
17.
Does the facility have a lack of adequate acreage for land application?
p Yes
®No
18.
Does the receiving crop need improvement?
p Yes
®No
19.
Is there a lack of available waste application equipment?
p Yes
®No
20.
Does facility require a follow-up visit by same agency?
p Yes
p No
21.
Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
p Yes
p No
22.
Does record keeping need improvement?
p Yes
p No
For Certified or Permitted Facilities Only
23.
Does the facility4lail to have a copy of the Animal Waste Management Plan readily available?
p Yes
p No
24.
Were any additional problems noted which cause noncompliance of the Certified AWMP?
p Yes
p No
25.
Were any additional problems noted which cause noncompliance of the Permit?
p Yes
p No
p .. o•vior ions.or acrencies,were.no a uring this vist on. will.receive no further .: .
,qop' eSoo)mdOielr abut tW-*Wt::
Reviewer/Inspector Name 'Barry L!"Greer1110
Reviewer/Inspector Signature: Date:

State of North CarA
Department -of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Tommy Eller
Tommy Eller Farms
3003 Falls Rd
Moravian Falls NC 28654
Dear Mr. Eller:
iE_=
• ��r
_ .
April 3, 1997 N.G. QC-pt. Of E,HtiUR
APR D 7 1997
Winston-Salem
Regional Office
SUBJECT: Notice of Violation
Designation of Operator in Charge
Tommy Eller Farms
Facility -Number 97--28
Wilkes County
You were notified by letter dated December 5, 1996, that you were required to designate a certified animal waste
management system operator as Operator in Charge for the subject facility by January 1, 1997. Enclosed with that
letter was an Operator in Charge Designation Form specifically for your facility, instructions for Completing
Application for Temporary Certification as an Animal Waste Management System Operator, and an Application for
Temporary Certification as an Animal Waste Management System Operator. Our records indicate that these
completed Forms have not yet been returned to our office.
As was explained in the previous letter, a training and certification program is not yet available for animal waste
management systems involving cattle, horses, sheep, or poultry (with a liquid waste system). Therefore owners of
these systems were allowed to request that they be issued temporary certifications until December 31, 1997, All that
was required to receive this temporary certification was the completion of the Application Form.
For you convenience, we are sending you additional copies of the Operator in Charge Designation Form specifically
for your facility, Instructions for Completing Application for Temporary Certification as an Animal Waste
Management System Operator, and an Application for Temporary Certification as an Animal Waste Management
System Operator. Please return this completed Form to this office as soon as possible but in no case later than April
25, 1997, This office maintains a list of certified operators in your area if you need assistance in locating a certified
operator.
Please note that failure to designate an Operator in Charge of your animal waste management system, is a violation
of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an appropriately certified operator is designated.
Please be advised that nothing in this letter should be taken as absolving you of the responsibility and liability for
any past or future violations for your failure to designate an appropriate Operator in Charge by January 1, 1997.
If you_ have questions concerning this matter, please contact our Technical Assistance and Certification Group at
[phone].
Sincerely,
)W#1 I.
for
Steve W. Tedder, Chief
Water Quality Section
cc: Winston-Salem Regional Office
Facility File
Enclosures
P.O. Box 29535. & 4 FAX [phone]
Nl%f Raleigh, North Carolina 27626-0535 An Equal Opportunity/AFflrmattve Action Employer
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