The URL can be used to link to this page

Home My WebLink About090146_NOV and Intent to Assess_20211206ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality December 6, 2021 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7020 0090 0001 7206 2949 Mr. Chad Hazelwood 11474 Old Mintz Hwy Garland NC 28441 Subject: NOTICE OF VIOLATION/NOTICE OF INTENT Administrative Code 15A NCAC 2T .1304 NOV-2021-DV-0483 Hazelwood Family Farm Facility Number 09-146 Permit AWS090146 Bladen County Dear Mr. Hazelwood: On September 10, 2021, staff of the NC Department of Environmental Quality (DEQ) Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected the Hazelwood Family Farm and the permitted waste disposal system. The reason for the inspection was a compliant. We wish to thank Mr. Brisson for his assistance during the inspection. As a result of this inspection, 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 .1304, you have been found to be in violation of your permit as follows: Violation 1: Failure to prevent discharge of waste to surface waters or wetlands. N.C.G.S. 143-215.10C - (Permit No. AWG100000 Section Conditions I 1). On September 10, 2021, DWR received a complaint about your farm. The compliant was about waste flowing from hog houses, lagoons flowing over, and dead hogs in the barns. DWR staff documented waste flowing from both houses from the back doors. Water samples taken on September 13, 2021 indicated that waste had reached ditches around your farm. LD_E NORTH CAROLINA Deeabnent a EnufrommoMai Ouaaty North Carolina Department of Environmental Quality 1 Division of Water Resources Fayetteville Regional Office 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301 910.433.3300 Page 2 Chad Hazelwood December 6, 2021 At house #1, DWR staff documented the waste after leaving the house went into a field and ponded with evidence of waste going into the ditch and confirmed with water samples. DWR staff inspected house #2 (two) and found a high volume of waste flowing from under the back door on to the ground behind the house. Waste continued to collect in a large area inside the wooded area next to the house. Some waste flowed into a ditch leading from behind the house and confirmed by water samples. The lift stations were full and needed the waste transferred to the lagoons, and by the pits being full, waste was forced to flow out of the house. Mr. Garett Brisson was pumping waste from house 2 to lagoon 2 to try and stop the flow of waste out of the barn. Required Corrective Action for Violation 1: Stop the flow of waste from the houses and contain waste that has flowed out as discussed the day of the inspection with Mr. Brisson and with you on later inspections. The waste must be cleaned up around both houses, and take all necessary steps prevent this from happening again. Violation 2: The Permittee shall 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 any of the following events: e. Failure of any component of the animal waste management system resulting in a discharge to ditches, surface waters, or wetlands. (Permit AWG No.100000 Condition III 17 a). Your permit specifically requires notification by telephone within 24 hours and a written report within 5 calendar days following first knowledge of the occurrence of a reportable permit condition. DWR has no record of receiving the 24-hour notification and the 5-day written report. The DWR has no record of you reporting non -compliant lagoon levels prior to September 10, 2021. The DWR was made aware of the farm condition from a compliant about your farm on September 10, 2021. D_E NORTH CAROUNA North Carolina Department of Environmental Quality j Division of Water Resources Fayetteville Regional Office 225 Green Street, Suite 714 j Fayetteville, North Carolina 28301 910.433.3300 Onpmbnenl of Environmanlal Quality Page 3 Chad Hazelwood December 6, 2021 Required Corrective action for Violation 2: In the future, report any issues at your farm as stated in Condition III 17. Violation 3: 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)] (Permit No. AWG100000 Section II 1). On September 10, 2021 during the compliant inspection, it was documented that you had not corrected the issues you had in January 2021. In addition to waste coming from house #2 it was coming from house #1 also. During follow-up inspections, it was determined that you were not flushing your pits as often as necessary to prevent the waste from becoming too thick to be pumped to the lagoons. On January 4, 2021 during the structural evaluation inspection, waste was observed coming from house #2, caused by waste backed up in the house due to waste in the lift station not being pumped to the lagoon. During your October 2020 Routine Compliance inspection, it was noted that the lift stations at both housed showed signs of past discharges of waste on the ground next to them. You were advised to maintain the lift stations as designed and stop this from happening again. Required Corrective Action for Violation 3: You need to flush the waste in your houses as often as necessary to allow the pumps you put in to transfer the waste to the lagoon. Violation 4: 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 Statutes and regulations. 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 extend beyond twenty- four (24) hours must be approved by the state Veterinarian. [G.S. 143- 215.10C (e) (3) and 106-403] (Permit AWG No. 100000 Condition II 10) D_E NORTH CAROUNA North Carolina Department of Environmental Quality j Division of Water Resources Fayetteville Regional Office 225 Green Street, Suite 714 j Fayetteville, North Carolina 28301 910.433.3300 Onpmbnenl of Environmanlal Quality Page 4 Chad Hazelwood December 6, 2021 On September 10, 2021, DWR staff documented that hundreds of hog were in a disposal container that was picked up by Valley Protein to be taken away for rendering. Documented evidence in the hog houses confirmed that hogs were not removed within 24 hours after their death. In addition, you admitted no one had been to the farm for at least two weeks to care for the hogs that you were aware of. Required Corrective Action for Violation 4: In the future, remove dead hogs as required by your permit. Violation 5: 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] II 16 (Permit AWG 100000 Condition II 16). On September 13, 2021 during the inspection to review the farm records with your OIC Brandon Norris, it was documented that Mr. Norris had not been to your farm after the middle July 2021. For the estimated two -week period you stated that you did not go to the farm and the OIC was not at the farm, this farm had no one operating the waste management system. Required Corrective Action for Violation 5: In the future, this farm must have a designated OIC and someone under their supervision to operate the waste management system. You had a designated OIC, but it requires this person to visit the farm as often as necessary to prevent discharges. Violation 6: Failure of the Operator in Charge (OIC) or a person under the supervision of an OIC to inspect the waste collection, treatment, and storage structures, and runoff control measures shall be conducted and documented at a frequency to insure proper operation but at least monthly and after all storm events of greater than one (1) inch in 24 hours. For example, lagoons/storage ponds, and other structures should be inspected for evidence of erosion, leakage, damage by animals or discharge. Inspection shall also include visual observation of subsurface drain outlets, ditches, and drainage ways for any discharge of waste. [15A NCAC 02T .1304 (b)] Permit No. AWG100000 Section III 1). On September 10, 2021 neither you nor your OIC were present at the farm and had not been for at least two weeks. The only person on site trying to prevent the continuing discharge of waste was a friend that heard about the farm condition and did what he could. D_E NORTH CAROUNA North Carolina Department of Environmental Quality j Division of Water Resources Fayetteville Regional Office 225 Green Street, Suite 714 j Fayetteville, North Carolina 28301 910.433.3300 Onpmbnenl of Environmanlal Quality Page 5 Chad Hazelwood December 6, 2021 Required Corrective Action for Violation 6: In the future, have your OIC on site every day or someone under their supervision to prevent discharges from your waste containment system. Violation 7: Monitoring and recording freeboard levels, the waste level in each lagoon with a waste level gauge shall be monitored and recorded weekly on forms supplied by or approved by the Division- [15A NCACO2T.0108 (c)] (Permit AWG 100000 Condition III 2). On September 13, 2021 during record review with Brandon Norris your OIC, it was documented that no freeboard levels were recorded after July 25, 2021. Required Corrective action for Violation 7: In the future, record weekly freeboard levels as required by your Permit. Violation 8: Monitoring and Recording Precipitation Events, a rain gauge must be installed at a site that is representative of the weather conditions at the farm's land application site(s). Daily records of precipitation type and amount must be recorded for all precipitation events and maintained on site for review by the Department of Environmental Quality(Department). Daily records do not need to be maintained for those days without precipitation events. [15A NCAC 02T.0108(c) (Permit AWG 100000 Condition III 3). On September 13, 2021, it was documented that no rainfall events were recorded after July 19, 2021. Required Corrective action for Violation 8: In the future, record rainfall events as required by your Permit. D_E NORTH CAROUNA North Carolina Department of Environmental Quality j Division of Water Resources Fayetteville Regional Office 225 Green Street, Suite 714 j Fayetteville, North Carolina 28301 910.433.3300 Onpmbnenl of Environmanlal Quality Page 6 Chad Hazelwood December 6, 2021 The Division of Water Resources requests that, in addition to the specified corrective action above, please submit the following items on or before (30 days after receipt of this letter): 1. An explanation from the OIC during this incident (Brandon Norris) for this farm regarding how these violations occurred. 2. A list from the OIC during this incident (Mr. Brandon Norris) concerning the steps that will be taken to prevent these violations from occurring in the future. 3. An explanation from Mr. Chad Hazelwood regarding how these violations occurred. 4. A list from Mr. Chad Hazelwood concerning the steps that will be taken to prevent these violations from occurring in the future. 5. Provide a copy of your lagoon levels with rainfall for 2021 up to present date. 6. Provide a copy of your IRR 1 and IRR 2 forms for 2021 up to present date. You are required to take any necessary action to correct the above violations on or before any hogs are placed on this farm and to provide a written response to this Notice within 30 days from 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. 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 Quality 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. If you have any questions concerning this Notice, please contact Steve Guyton or me at (910) 433-3336. D_E NORTH CAROUNA North Carolina Department of Environmental Quality j Division of Water Resources Fayetteville Regional Office 225 Green Street, Suite 714 j Fayetteville, North Carolina 28301 910.433.3300 Onpmbnenl of Environmanlal Quality Page 7 Chad Hazelwood December 6, 2021 Sincerely, �DocuSigned by: 5189C2D3DD5C42B... J. Trent Allen Regional Supervisor Water Quality Regional Operations Section Division of Water Resources cc: DWR - WQROS - CAFO Unit — Central Office FRO Compliance Animal Files-Laserfiche D_E NORTH CAROUNA North Carolina Department of Environmental Quality j Division of Water Resources Fayetteville Regional Office 225 Green Street, Suite 714 j Fayetteville, North Carolina 28301 910.433.3300 Onpmbnenl of Environmanlal Quality