400045_NOV-2021-PC-0064_20210128

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
#7019 2970 0001 3140 1593
Mr. Jimmy A. Dail
Jimmy Dail Farm
745 Middle School Road
Snow Hill, North Carolina 28580
NORTH CAROLINA
Environmental Quality
January 28, 2021
Subject: NOTICE OF VIOLATION
Jimmy Dail Farm #40-45
AWS 400045
Greene County
NOV-2021-PC-0064
Dear Mr. Dail:
Thank you for your recent notification regarding the freeboard levels at your facilities. On
January 14, 2021, during a telephone conversation with staff of the NC Division of Water
Resources (DWR), you reported a high freeboard level of (18.5 inches) in the Primary lagoon.
Because 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, you have been found to have insufficient freeboard in accordance with your
Certified Animal Waste Management Plan and the Swine Waste Management System General
Permit No. AWS100000 that you are covered to operate under. Related violations are as
follows:
Violation 1: Failure to maintain freeboard in accordance with the facility's Certified Animal
Waste Management Plan, in accordance with Condition V.2. of Swine Waste Management
System General Permit No. AWS100000. On January 14, 2021, a lagoon/storage pond level
was documented at 18.5 inches of freeboard. A level of 19 inches is the maximum level allowed
by your permit and Certified Animal Waste Management Plan.
Required Corrective Action for Violation 1: A 30 Day Plan of Action (POA) should have
been submitted to DWR on January 19, 2021 within five (5) days of the high freeboard
North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1943 Washington Square Mali I Washington. North Carolina 27889
252.946.6481

occurrence. Take all necessary additional steps to ensure lagoon levels are brought into and
remain in compliance with Section III of your AWS permit.
You are required to take any necessary action to address the above violation. 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 30 days of receipt of this letter. Please include in your response all corrective actions
already taken and a schedule for completion of any corrective actions not addressed.
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 that twenty-five thousand ($25,000) dollars against any "person" who
violates or fails to act in accordance with the terms, conditions, or requirements of a permit under
authority of G.S. 143-215.6A. To minimize the potential for any possible future compliance
matters attributable to prolonged wet weather conditions, you may wish to review your animal
waste management system design, as well as the waste plan itself, for any potentially beneficial
modifications and/or improvements.
If you have any questions concerning this letter, please contact me at [phone].
Sincerely,
Ord,
David May, L.G., Supervisor
Water Quality Regional Operations Section
Division of Water Resources
Washington Regional Office
cc: DWR-WQROS-CAFO Unit -Central Office
Greene County Soil and Water Conservation District
NCDSWC - WaRO
Smithfield Foods