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HomeMy WebLinkAbout420007_NOV-2021-PC-0257_20210503ROY COOPER Governor DIONNE DELLI-GATTI Secretary S. DANIEL SMITH NORTH CAROLINA Director Environmental Quality May 3, 2021 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7016 3560 0000 4428 5416 Anthony Brian Sessoms Sessoms Farm 713 Cutchin Farm Road Tarboro, NC 27886 Subject: Notice of Violation/Notice of Intent NOV-202I -PC-0257 Sessoms Farm AWS420007/AWG100000 Halifax County Dear Anthony Brian Sessoms: According to the DWR Records Anthony B. Sessoms (AWA100854) was designated as the Operator in Charge (OIC) for the above subject facility. Certification AWA100854 is invalid at the time of this letter. As a result of the above certification information, 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 failure to follow your Certified Animal Waste Management Plan (CAWMP) and failure to follow your Certificate of Coverage AWS420007 in accordance with your Swine Waste System General Permit No. AWGI00000 that you are covered to operate under. Violation 1: Permit Condition II. OPERATION AND MAINTENANCE REQUIREMENTS, 16., Which states, "The Permittee shall designate a certified animal waste management system operator with a valid certification to be in charge of the animal waste management system. The waste management system shall be operated by the Operator in Charge (OIC) or a person under the OIC's supervision. [G.S. 90A-47.2} According to DWR records the certified animal waste management system operator certification for Anthony Brian Sessoms (AWA988610) became invalid in 2015. Mr. Sessoms did obtain a new certified animal waste management system operator certification (AWA1008254) but it was not designated for the subject farm. At this time AWA1008254 is invalid and Mr. Sessoms does not have a certified animal waste management system operator certification. North Carolina Department of Environmental Quality Division of Water Resources Raleigh Regional Office 3800 Barrett Drive ; Raeigh. North Carolina 27609 919.791.4200 Required Corrective Action for Violation 2: Designate a certified animal waste management system operator with a valid certification to be in charge of the animal waste management system within 30 days of receiving this letter. 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 would like for the Division to consider, within 10 days of receipt of this letter. 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. Your 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 ofa permit under authority of G.S. 143-215.6A. If you have any questions concerning this Notice, please contact me or Jane Bernard at (919) 791-4200. Sincerely, Scott Vinson, Supervisor Water Quality Regional Operations Section Division of Water Resources Raleigh Regional Office cc: DWR - WQROS - CAFO Unit — Central Office AWS420007 Halifax County Soil and Water ConservationDistrict- P.O. Box 8, Halifax, NC 27839 NCDSWC — 216 W. Jones St. Raleigh NC 27604 Laser fiche North Carolina Department of Environmental Quality 1 Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 919 7914200