NCG060139_Spill Followup_20201119

Lawyer, Mike
From:
Bowen, Frederick <[e-mail]>
Sent:
Thursday, November 19, 2020 12:48 PM
To:
Lawyer, Mike
Cc:
Allen, Trent
Subject:
RE: [External] Smithfield Clinton WW Spill
Mike,
Please see below for responses to your specific questions.
Respectfully,
Rick
Smithfield.
("C' �. (GoA,
Frederick Bowen
Plant Environmental Manager
p: [phone]
e: [e-mail]
424 East Railroad St.
Clinton, NC 28328
smithfieldfoods.com
From: Lawyer, Mike <[e-mail]>
Sent: Thursday, November 19, 2020 9:26 AM
To: Bowen, Frederick <[e-mail]>
Cc: Allen, Trent <[e-mail]>
Subject: RE: [External] Smithfield Clinton WW Spill
Rick,
Appreciate the response. After reading the report, I do have a few questions that I hope you can answer or provide more
detail.
1. How exactly did the wastewater tank develop a hole? The hole was 16ft. from the base of the tank. We are
unsure how it developed. I am doing my best to get a NDT set up asap to see what is going on with the thickness
of the tank.
This tank was completely refurbished a couple years ago at significant effort and cost. Of note, we had this tank
inspect by an Engineering firm / PE in June of this year with a "safe to use and reinspect in two years" report.
2. Why was the sludge trailer that was used to catch the leak allowed to overflow? Could a second trailer or other
means not be utilized to catch more of the leak and avoid spillage onto the ground?
1

Due to the leak and the rains, we had a very difficult time getting the trailer into place due to mud, lack of
traction. Once full of water it could not be moved due to stability and safety concerns. ( Open top trailer not a
tanker) . Trailer was emptied the next day via vac truck and long, long suction hose.
3. Was the second leak at the same location or did another hole develop? Another hole developed which was
appx 1.5 ft. to the left.
4. Were any staff onsite through the night to monitor the leak/spill? Asst. General Manger and Asst. Plant Engineer
were on site all night. Night time wastewater operator was reporting tank level and flow rates every 30 minutes
all night to Gm, Asst GM and myself.
Fridays, harvest was delayed till 3pm. We did not sanitize the plant from Thursdays harvest to prevent
cleanup water from going to the tank . Typical slaughter is 10,600 hd. , we harvested 2,774 Friday.
5. Your report says observations were made downstream of the leak. Were any observations made along the creek
itself further downstream of the plant? If so, any observable impacts?
I should have worded this better Mike, my reference to downstream was indeed the creek, which I inspected as
far down as access allowed. I also spoke to Lisa Osthues Friday morning (City of Clinton) and asked her to look at
the stream also. She did and reported to me that she saw no evidence of a spill at all
6. How exactly was the leak stopped on Friday, November 13th? Had the water level dropped below the hole? Was
the hole repaired?
Yes the tank was lowered to a level below hole. The holes were repaired via welded oversize patch plates.
Michael Lawyer, CPSWQ
Environmental Program Consultant
Division of Energy, Mineral and Land Resources
North Carolina Department of Environmental Quality
Phone: [phone]
E-mail: mike. lawyer(a)-ncdenr.gov
225 Green Street, Suite 714
Fayetteville, NC 28301
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties.
From: Bowen, Frederick <[e-mail]>
Sent: Wednesday, November 18, 2020 2:40 PM
To: Lawyer, Mike <[e-mail]>
Subject: RE: [External] Smithfield Clinton WW Spill
Good afternoon Mike,
I have attached a pdf of the required written response letter in regard to our recent wastewater spill.
I will also send the original letter out via overnight UPS today as well.
Please contact me with any questions or concerns.
Respectfully,

Rick
Smithfzeld.
Frederick Bowen
Plant Environmental Manager
p: [phone]
e: [e-mail]
424 East Railroad St.
Clinton, NC 28328
smithfieldfoods.com
From: Lawyer, Mike <[e-mail]>
Sent: Monday, November 16, 2020 3:16 PM
To: Bowen, Frederick <[e-mail]>
Subject: RE: [External] Smithfield Clinton WW Spill
Hey Rick. See language from stormwater permit below. Although the permit just says 5 days, we generally accept this as
5 business days. If you need a little more time to compile the necessary information, just let me know and I can grant an
extension.
The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall
be provided orally within 24 hours from the time the permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time
the permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes;
the period of noncompliance, including exact dates and times, and if the noncompliance
has not been corrected, the anticipated time compliance is expected to continue; and
steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance. [40 CFR 122.41(1)(6)]
Michael Lawyer, CPSWQ
Environmental Program Consultant
Division of Energy, Mineral and Land Resources
North Carolina Department of Environmental Quality
Phone: [phone]
E-mail: mike.lawyen( ncdenr.gov
225 Green Street, Suite 714
Fayetteville, NC 28301
r

Email correspondence to and from this address is siibject to the North Carolina Public Records Law and may be disclosed
to third parties.
From: Bowen, Frederick <[e-mail]>
Sent: Monday, November 16, 2020 2:52 PM
To: Lawyer, Mike <[e-mail]>
Subject: [External] Smithfield Clinton WW Spill
Hi Mike,
Please clarify for me.....
My written response to you is due NLT 5 business days from my initial report, correct ? ---- This coming Friday......
Rather ask, than be sorry.
Respectfully,
Rick
Smithfield,
Frederick Bowen
Plant Environmental Manager
p: [phone]
e: [e-mail]
424 East Railroad St.
Clinton, NC 28328
smithfieldfoods.com
This communication (including any attachments) is confidential and is intended to be privileged pursuant to applicable law. If you are not the intended
recipient, or the employee or agent responsible for delivering it to the intended recipient, then you are hereby notified that the dissemination, distribution
or copying of this communication is prohibited. If you received this communication in error, please notify Smithfield Foods, Inc. immediately by telephone
([phone]) and then delete this communication and destroy all copies thereof.
This communication (including any attachments) is confidential and is intended to be privileged pursuant to applicable law. If you are not the intended
recipient, or the employee or agent responsible for delivering it to the intended recipient, then you are hereby notified that the dissemination, distribution
or copying of this communication is prohibited. If you received this communication in error, please notify Smithfield Foods, Inc. immediately by telephone
([phone]) and then delete this communication and destroy all copies thereof.
This communication (including any attachments) is confidential and is intended to be privileged pursuant to applicable law. If you are not the intended
recipient, or the employee or agent responsible for delivering it to the intended recipient, then you are hereby notified that the dissemination, distribution
or copying of this communication is prohibited. If you received this communication in error, please notify Smithfield Foods, Inc. immediately by telephone
([phone]) and then delete this communication and destroy all copies thereof.