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Home My WebLink About330065_NOV-2021-PC-0256 Green card attached_20210505ROY COOPER Governor DIONNE DELLI-GATTI Secretary S. DANIEL SMITH NORTH CAROLINA Director Environmental Quality May 5, 2021 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7016 3560 0000 4428 5577 Anthony Brian Sessoms Uncle B's 713 Cutchin Farm Road Tarboro, NC 27886 Subject: Notice of Violation/Intent to Inforce NOV-2021-PC-0256 Uncle B's AWS330065/AWG100000 Edgecombe County Dear Anthony Brian Sessoms: On February 19, 2021, staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS), received an anonymous complaint from the DEQ Help Desk. The complainant reported that he/she saw a lot of hog bodies (at least 100) on a property near Morningstar Church off of Seven Bridges Road. On February 19, 2021, staff of the NCDWR), WQROS, responded to the complaint and conducted a site visit of the subject swine waste collection, treatment, storage and application system. As a result of the above site visit, 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 AWS330065 in accordance with your Swine Waste System General Permit No. AWG 100000 that you are covered to operate under. Violation 1: Permit Condition II. OPERATION AND MAINTENANCE REQUIREMENTS, 10., Which states, "Disposal of dead animals shall be done in accordance with the facility's CAWMP and the North Carolina Department of Agriculture and Consumer Services (NCDA&CS) Veterinary Division's Statutes and regulations. On the day of the site visit DWR staff found numerous (possibly 100 or more) dead hogs "stacked" and uncovered in the compost bins. The carcasses were in numerous stages of decay and not contained under the bins/shelters. See photos 1 and 2 below. North Carolina Department of Environmental Quality 1 Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 .�1•'+ 'S 4 #. _."'—.a��." � x it Photos 1 and 2 were taken by Jane Bernard on February 19, 2021 Numerous carcasses stacked, uncovered and not contained in the bins/shelter. Violation 2: Permit Condition II. OPERATION AND MAINTENANCE REQUIREMENTS, 10., Which also states, "Disposal of dead animals must occur within twenty-four (24) hours after knowledge of the death in a manner approved by the State Veterinarian. Proposed methods for disposal of mortality that extends beyond twenty-four (24) hours must be approved by the State Veterinarian. Burial is not recommended for disposal of dead animals..." On the day of the site visit DWR staff found numerous (possibly 100 or more) dead hogs "stacked" and uncovered in the compost bins. The carcasses were in numerous stages of decay and not contained under the bins/shelters. See photos 1 and 2. During the site visit it was noted that there were no signs of a carbon source/organic matter that is used to layer and cover the carcasses as part of the composting process. It appeared that the carcasses were not getting "turned" as you would during a normal composting cycle. The forced air was not on at the time and later the Division learned the forced air system was not working. This is a violation of Permit Condition II. OPERATION AND MAINTENANCE REQUIREMENTS, 10. Required Corrective Action for Violations 1 and 2: Work with the NC Department of Agriculture & Consumer Services Veterinary Division Staff to determine the best practices for your farm to manage the on -site mortality issues. Submit any changes/modifications to your CAWMP and or your Mortality Management Methods. Violation 3: 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 OTC's supervision. [G.S. 90A- 47.2) The DWR has no record of the current facility owner designating a certified animal waste management system operator for the subject farm. As of May 5, 2021 Walter P. Bulluck is designated. Mr. Bulluck is the previous owner of the farm and his certification has been invalid since 1996. According to our records the current Certification for Anthony Brian Sessoms (AWA1008254) has been invalid since January 2021. There is no record of a OIC from January 1, 2021 to the date of this letter, approximately 5 months. Mr. Sessoms previous certification (AWA988610) obtained in 2006 became invalid at the end of 2018. There is no record of a OIC from January 1, 2019 thru September 12, 2019, approximately 8 months. This is a violation of Permit Condition II. OPERATION AND MAINTENANCE REQUIREMENTS, 16. Required Corrective Action for Violation 3: 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. North Carolina Department of Environmental Quality i Division of Water Resources Raleigh Regional office 13800 Barrett Drive I Raleigh. North Carol na 27609 919.791.4200 Violation 4: Permit Condition II. OPERATION AND MAINTENANCE REQUIREMENTS, 1., Which states, "The collection, treatment, and storage facilities, and the land application equipment and fields shall be properly operated and maintained at all times." [15A NCAC 02T .1304(b)] On January 15, 2021 you reported the freeboard for the above subject farm was at 13 inches. According to the DWR records the minimum designed freeboard is 19 inches. Required Corrective Action for Violation 4: Follow the 30-day plan of action provided to the DWR on February 23, 2021. Take all necessary additional steps to insure lagoon levels remain in compliance with the above permit condition (11.1) of your permit. 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 of a 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, ri IlocuSpned by: ecoaso82,04M6o. Scott Vinson, Supervisor Water Quality Regional Operations Section Division of Water Resources Raleigh Regional Office cc: DWR - WQROS - CAFO Unit — Central Office AWS330065 Edgecombe County Soil and Water ConservationDistrict- 201 Saint Andrew St. Room255, Tarboro NC 27886 NCDSWC 216 W. Jones St. Raleigh NC 27604 Laserfiche, DWR Files North Carolina Department of Environmental Quality 1 Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 NSd 5 Goa Ann. I