540062_NOV-2020-PC-0366_20200923

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM# 7019 2970 0001 3139 9654
Rodney D. Smith
367 Jonestown Road
Pink Hill, NC 28572
NORTH CAROLINA
Environmental Quality
September 23, 2020
Subject: Notice of Recommendation of Intent
South Pork #54-62
AWS540062
Lenoir County
NOV-2020-PC-0366
Dear Mr. Smith:
On July 17, 2020, staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), conducted a compliance inspection and noted permit condition
violations at your facility.
As a result of this incident, you are hereby notified that, having been permitted to have a non -
discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2T
Section .1300, violations have been noted for non -compliant sludge level in accordance with
your Certified Animal Waste Management Plan and the Swine Waste System General Permit
No. AWG100000 that you are covered to operate under.
Violation 1:
Failure to maintain a compliant level of sludge in the old lagoon (#1) in accordance with the
facility's Certified Animal Waste Management Plan in accordance with Condition III.22. of
Swine Waste System General Permit No. AWG100000.
The facility has had a non -compliant level of sludge in the old lagoon for more than two years.
The facility has been issued Notices in 2016, 2017, 2018 and 2019 for the same issue.
D E Qbi�� North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889
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Required Corrective Action for Violation 1:
The facility should determine the current sludge ratio of the old lagoon (#1) and maintain a
sludge level less than fifty percent. Take all necessary additional steps to ensure sludge levels
are within permitted levels.
You are required to take any necessary action to assure that the above violations do not re-
occur in the future. You are required to provide a written response to this Notice,
including any additional information that you wish to provide related to this incident that
you wish for the Division to consider, within 10 days of receipt of this letter. This is an
updated version of the previous Notice of Intent. The Division has received your response to the
prior Notice detailing the subject violation. Please provide any additional information for
corrective actions already taken and a schedule for completion of any corrective actions not
addressed (should you wish to provide any further response).
As a result of the violations in this Notice, this office is considering a recommendation for a civil
penalty assessment to the Director of the Division. If you wish to present an explanation for the
violations cited, or if you believe there are other factors, which should be considered, please send
such information to me in writing within ten (10) days following receipt of this letter (should you
wish to provide further information beyond your prior response). Your response (and/or prior
response) will be reviewed, and, if an enforcement action is still deemed appropriate, it will be
forwarded to the Director and included for consideration.
Failure to comply with conditions in a permit may result in a recommendation of enforcement
action, to the Director of the Division of Water Resources who may issue a civil penalty
assessment of not more than twenty-five thousand ($25,000) dollars against any "person" who
violates or fails to act in accordance with terms, conditions, or requirements of a permit under
authority of G.S. 143-215.6A.
If you have any questions concerning this Notice, please contact me at [phone].
Sincerely,
via "
David May, L.G., Supervisor
Water Quality Regional Operations Section
Division of Water Resources
Washington Regional Office
cc: DWR - WQROS - CAFO Unit — Central Office
Lenoir County Soil and Water Conservation District
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