090213_PC-2020-0022_20210601

INCIDENT SYNOPSIS — CASE NO: PC-2020-0022
ENFORCEMENT ACTION / CIVIL PENALTIES
FARM NAME: Cedar Bay Farm PERMIT: AWS 090213
VIOLATOR NAME: Russell Odell Wood FACILITY NO: 09-0213
COUNTY: Bladen OFFICE: FRO
SUMMARY
Civil penalties were assessed for failure to maintain waste application equipment and spray fields, for failure to
properly calibrate waste application equipment, for failure to properly record land application events, for failure
of the OIC to properly inspect the land application of waste, and for failure to notify the appropriate Division
Regional Office within 24 hours of first knowledge of the waste application equipment's inability to operate as
designed or a failure of the waste containment structure.
CASE BACKGROUND
February 11, 2020 - Routine Compliance Inspection
➢ Mr. Ronnie "Geno" Kennedy, Technical Specialist, was present during the inspection.
➢ It was documented that the waste application equipment numerous failures, faults and unrepaired
breakages.
➢ The waste application equipment had not operated as documented in the IRR 2 Forms.
➢ The various crop stands were observed to be inadequate to almost non-existent in all the spray fields.
➢ IRR 2 forms documented that waste had been applied on most of the hydrants, which was highly unlikely
due to growth of weeds and absence of equipment tracks in the spray fields.
➢ DWR staff noted that pulls were made on saturated fields.
➢ There were not adequate or corresponding waste samples.
➢ Regional office did not receive timely reports of high freeboard.
➢ Regional office did not receive timely report of a failure of the lagoon dike, causing effluent to flow off
site.
➢ Failed to maintain an accurate lagoon marker.
➢ OIC or his/her designee failed to perform 120-minute inspections and sign same.
April 8, 2020 - Issuance of NOV/NOI
A Notice of Violation/Notice of Intent to Enforce NOV-2020-PC-0174 was issued to Russell Odell Wood for
the referenced violations. The Notice was sent via certified mail and was received on May 1, 2020.
August 10, 2020 — Follow-up Inspection
➢ Lagoon still too high to make repair to seep in the lagoon dike.
➢ Mr. Kennedy stated that the lagoon marker had been calibrated to reflect the true level of effluent in the
lagoon.
➢ A new field has been cleared and a center pivot installed, the Bermuda stand is looking good.
➢ Old fields have not been improved or maintained.
➢ Old equipment has not been calibrated or repaired.
PREVIOUS VIOLATIONS AND PENALTIES
201802205 Non -Compliance Reporting — High freeboard, 12 inches
201600589 Non -Compliance Reporting — High freeboard, 17 inches
201600542 Non -Compliance Reporting — High freeboard, 18 inches
201300071 Complaint — Excessive odor

CIVIL PENALTIES
$ 5000.00
$500.00
$1000.00
$500.00
$3000.00
$ 1000.00
$2000.00
for violation of Condition II 1 of the AWG100000 General Permit.
For failure to properly operate and maintain the collection,
treatment, and storage facilities, and the land application equipment
and fields always. (seeping lagoon).
for violation of Condition III 17 d of the AWG100000 General
Permit for failure to report by telephone to the appropriate Division
Regional Office as soon as possible, but in no case more than twenty-
four (24) hours following first knowledge of the occurrence of the
following events. d. failure to report any deterioration or leak in a
lagoon/storage pond that poses an immediate threat to the
environment or human safety or health.
for violation of Condition V 2 of the AWG100000 General Permit.
For failure to maintain the maximum waste level in three (3)
lagoons/storage ponds which shall not exceed that specified in the
facility's CAWMP. At a minimum, maximum waste level that
provides adequate storage to contain the 25- year, 24-hour storm
event plus an additional one (1) foot of structural freeboard.
for violation of Condition IIII 17 e of the AWG100000 General
Permit. For failure to report by telephone to the appropriate
Division Regional Office as soon as possible, but in no case more than
twenty-four (24) hours following first knowledge of the occurrence
of the following events: e. failure to maintain storage capacity in a
lagoon/storage pond greater than or equal to that required in
Condition V 2 of the General Permit. G. an application of waste
either in excess of the limits set out in the CAWMP or where runoff
enters ditches, surface waters, or wetlands.
for violation of Condition II 2 of the AWG 100000 General Permit.
For failure to establish and maintain as specified in the facility's
CAWMP on all land application fields a vegetative cover.
for violating of Condition II 5 of the AWG 100000 General Permit.
For failure to prevent land application rates that resulted in
excessive ponding and runoff during any given application events.
for violation of Condition III 6 of the AWG 100000 General Permit
for failure to record all irrigation and land application events
including hydraulic loading rates, nutrient loading rates and
cropping information.
$500.00 for violation of Condition II 26 of the AWG 100000 General Permit
to test and calibrate all waste application equipment at least once

$500.00
$14,000.00
every two years. The results must be documented on forms provided
by or approved by the Division.
for violation of Condition II 17 of the AWG 100000 General Permit
for failure of the Operator in Charge (OIC) or a person under the
supervision of an OIC to inspect the land application as often as
necessary to ensure that the animal waste is land applied in
accordance with the CAWMP.
TOTAL CIVIL PENALTY which is percent of the maximum
penalty authorized by N.C.G.S. 143-215.6A.
$ 1455.67 Enforcement costs
$15,455.67 TOTAL AMOUNT DUE