960067_NOV-2022-PC-0329 NOI_20220705

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
#7018 2290 0001 8043 7057
B & B Partnership
White Oak Farm, Inc.
604 Benton Pond Road
Fremont, North Carolina 27830
NORTH CAROLINA
Environmental Quality
July 5, 2022
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT and
NOTICE OF REGULATORY REQUIREMENS
White Oak Farm #96-67
AWI960067
Wayne County
NOV-2022-PC-0329
Dear B & B Partnership:
On May 30, 2022, agents of the facility reported a failure of the digester cover (over the anaerobic
earthen -lined digester) resulting in discharge of "foam" waste material from the digester lagoon. DWR
Animal Feeding Operations (AFO) staff made site inspections on May 30, May 31, June 3, and June 7,
2022, including subsequent dates, confirming the discharge and observing the efforts made to contain the
foam pollutant. During site inspections, ruptures in the digester cover were identified and discharge and
accumulation of the foam product at the facility and into the surrounding environment were observed.
Foam waste product was observed in surface waters and/or Nahunta Swamp on June 3, 2022. Abatement
measures were taken to address foam discharged to surface waters with no observed foam present on June
7, 2022. As of a site visit on June 23, 2022, foam waste product was still discharging from the anaerobic
earthen -lined digester. Foam product or foam product residual mass was still located in areas outside of
the earthen -lined digester, whether contained, partially contained, or uncontained.
Based on the above 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 improperly managed an animal waste management system resulting in a discharge of
pollutants to surface waters and wetlands in accordance with your Certified Animal Waste Management
Plan and the Individual Swine Animal Waste Management System General Permit No. AWI960067 that
you are covered to operate under. Violations related to the incident and facility management follow:
Violation 1: Failure to maintain and operate a non -discharge system to prevent discharges in
GDEQ�i
NORTH CAROLINA
oep.m.m oremrnment Qualm
North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Offic4 943 Washington Square Mall
Washington, North Carolina 27889
252-946-6481

accordance with the facility's Certified Animal Waste Management Plan, and in accordance with
Condition I.1. of Individual Swine Waste Management System Permit No. AWI960067. Condition I.1.
states
"The animal waste collection, treatment, storage, and land application system permitted under this
Permit shall be effectively maintained and operated as a non -discharge system to prevent the discharge of
pollutants to surface waters, wetlands, or ditches. Waste shall not reach surface waters or wetlands by
runoff drift, manmade conveyance, direct application, direct discharge or through ditches, terraces, or
grassed waterways not otherwise classified as state waters."
A discharge did occur from the system (covered digester lagoon) on and/or following the May 30, 2022
incident, and proceeded to flow overland into the wetlands and open water of Nahunta Swamp and/or
tributaries.
Required Corrective Action for Violation 1: Take all necessary additional steps to properly operate and
maintain the non -discharge system to prevent future discharges.
Violation 2: Failure to maintain animals at the facility since December 2020 based on available
information and related failures to update CAWMP and modify the facility's permit to reflect current
operational practices in accordance with Condition I.S. of Individual Swine Waste Management System
Permit No. AWI960067. Condition I. 5. states
"Any violation of the CAWMP, the Operation and Maintenance Plan, or the Monitoring Plan shall be
considered a violation of this Permit and subject to enforcement actions. A violation of this Permit may
result in the Permittee having to take immediate or long-term corrective action(s) as required by the
Division. These actions may include but are not limited to: modifying the CAWMP; ceasing land
application of waste; removing animals from the facility; or the Permit being reopened and modified,
revoked and reissued, and/or terminated. These actions may include but are not limited to: ceasing use of
the Innovative System, modifying operation of the Innovative System, modifying the CAWMP, ceasing
land application of waste, or removing animals from the Facility."
The facility has been operating without animals since December 2020 based on available information.
Required Corrective Action for Violation 2: See below.
Violation 3: Failure to conduct air quality monitoring in accordance with Condition I.8.b. of Individual
Swine Waste Management System Permit No. AWI960067. Condition I.8.b. states
"NC General Statute §143-215.10I requires the Facility covered by this Permit satisfy the performance
criteria as prescribed in 15A NCAC 02T .1307-.1309 and 15A NCAC 02D .1808.
a. Facility must substantially reduce ammonia emissions.
i. The combined ammonia emissions from swine waste treatment and storage structures
may not exceed an annual average of 0.2 kg NH3-N/week/1, 000 kg of steady state
live weight (SSLYT) which is 375 kg NH3-N/week for this facility in Phase 1 and 844
kg NH3-N/week for this facility in Phase 2.
ii. Ammonia emissions from land application sites shall not exceed an annual average
of 0.2 kg NH3-N/week/1, 000 kg of SSLW which is 375 kg NH3-N/week for this facility
in Phase 1 and 844 kg NH3-N/week for this facility in Phase 2.
iii. Total ammonia emissions from the swine farm must not exceed an annual average of
0.9 kg NH3-N/week/1, 000 kg of SSLW which is 1685 kg NH3-N/week for this facility
in Phase 1 and 3798 kg NH3-N/week for this facility in Phase 2.
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b. Compliance and monitoring with respect to odor intensity levels at the property boundary
shall be evaluated at both upwind and downwind locations of each treatment and animal
housing site using one of the following:
i. Use an Odor Intensity Referencing Scale (OIRS) as specified in ASTM 544-99. All
instantaneous observed levels shall be less than the equivalent of 225 parts per
million n-butanol. The average of 30 consecutive observations conducted over a
minimum of 30 minutes shall be less than the equivalent of 75 parts per million n-
butanol with a minimum offour (4) observations of the 30 less than or equal to the
equivalent of 25 parts per million n-butanol.
ii. Use a field olfactometry method and instrumentation. The measured dilution -to -
threshold ratio shall be less than or equal to 7:1 as determined using the
manufacturer's instrument procedures and instructions.
Ammonia emissions were not measured in 2021 and the annual report states "because the animal numbers
were so low (50-81), the ammonia emissions will be so low compared to other waste sources".
Required Corrective Action for Violation 3: See below.
Violation 4: Failure to demonstrate that there has been no release of disease -transmitting vectors and
airborne pathogens in accordance with Condition I.8.c. Condition I.8.c.i. of Individual Swine Waste
Management System Permit No. AWI960067 states
"Facility must substantially eliminate the release of disease -transmitting vectors and airborne pathogens
by meeting the following:
i. Fecal coliform concentrations in the final liquid effluent shall not exceed an annual average
of 7,000 Most Probable Number/100 mL."
Fecal samples results have not been measured and reported per Condition I.8.c.i. The annual report
states "Fresh/untreated animal manure entered into the final effluent" for which, this operation was not
permitted.
Required Corrective Action for Violation 4: See below.
Violation 5: Failure to demonstrate compliance with the NRCS nutrient management standard as it
relates to phosphorus within 6 months of issuance of the facility's permit in accordance with Condition
I.9. Condition 1.9. of Individual Swine Waste Management System Permit No. AWI960067 states
"The Permittee shall conduct an evaluation of the facility and its CAWMP to determine the facility's
ability to comply with the NRCS nutrient management standard as it relates to phosphorous within six (6)
months of issuance of this Permit. The evaluation must be documented on forms supplied by or approved
by the Division and must be submitted to the Division. The Permittee may submit documentation from a
previous evaluation if performed within five (5) years of the issuance of this Permit.
All fields with a "HIGH"phosphorous-loss assessment rating shall have land application rates that do not
exceed the established crop removal rate for phosphorous. There shall be no waste application on fields
with a "VERY HIGH" phosphorous -loss assessment rating."
Phosphorus documentation has not been provided for review.
Required Corrective Action for Violation 5: See below.
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Violation 6: Failure to properly operate and maintain the collection, treatment, and storage units at all
times in accordance with Condition II.1. Condition II.1. of Individual Swine Waste Management System
Permit No. AWI960067 states
"The collection, treatment, and storage units and the land application equipment and fields shall be
properly operated and maintained at all times."
The operation has operated beyond the scope of what is approved under the facility's permit, including
introduction of unapproved products. The covered anaerobic earthen -lined digester cover failed resulting
in the release of wastes into the environment and waters. Waste has discharged from concrete structures
located on the western side of the digester. Air quality and odors observed over the incident were
objectionable. Fugitive waste product foam was uncontained beyond the digester structure. Accumulation
of solids and sludge were observed within structures with minimal freeboard remaining to safely contain
product. Field observations indicate either prior or ongoing waste releases have impacted an area
extending off the southeastern corner of the digester structure continuing south towards Nahunta Swamp
have occurred. Groundwater monitoring data indicates exceedances of 15A NCAC 2L groundwater
standards at locations at or beyond the Compliance Boundary. The cover on the 970,000 gallon
mesophilic tank digester is in disrepair.
Required Corrective Action for Violation 6: See below.
Violation 6: Failure to maintain a vegetative cover on areas receiving wastes and apply wastes only to
areas approved in the facility's CAWMP in accordance with Condition II.2. Condition 11.2. of Individual
Swine Waste Management System Permit No. AWI960067 states
"A vegetative cover shall be maintained as specified in the facility's CAWMP on all land application
fields and buffers in accordance with the CAWMP. No waste shall be applied upon areas not included in
the CAWMP or upon areas where the crop is insufficient for nutrient utilization. However, if the CAWMP
allows, then waste may be applied up to thirty (30) days prior to planting or breaking dormancy."
Discharged foam accumulated in areas not approved for application per the CAWMP. Such unapproved
areas receiving wastes had no established vegetative cover.
Required Corrective Action for Violation 6: See below.
Violation 7: Failure to manage solids, residuals, or sludges in accordance with Condition II.14.
Condition 11.14. of Individual Swine Waste Management System Permit No. AWI960067 states
"The solids, residuals, or sludges generated from this Facility must be disposed in accordance with
G.S. § 143-215.1 and in a manner approved by Condition I.8.c of this Permit. When removal of sludge from
the treatment units is necessary, provisions must be taken to prevent damage to any dikes and liners.
The current system design does not address treatment of solids, residuals, or sludges to the above
referenced requirements; therefore, these materials must be transported to an offsite treatment facility
unless or until a Permit modification is submitted and approved.
If solids, residuals, or sludges accumulate faster than predicted, and it is determined that designed
treatment, storage and disposal methods are insufficient, the Permittee will immediately deactivate the
Innovative System, ceasing the generation of solids, until adequate solids storage and/or removal can be
designed, approved, and constructed."
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Based on observed volumes of solids, residuals, or sludges present at the facility, and no available records
demonstrating solids/sludge removal and transporting to offsite treatment facilities, solids have not been
disposed of and managed at the facility. Additionally, actions to immediately deactivate the Innovative
System and cease generation of solids until conditions are acceptable did not occur.
Required Corrective Action for Violation 7:
Violation 8: Failure to limit introduction of material introduced into the Innovative System in
accordance with Condition III.2. Condition III.2. of Individual Swine Waste Management System Permit
No. AWI960067 states
"No material other than the following shall be disposed of in the Innovative System or other components
of the animal waste collection, treatment, storage, or application systems. — [15A NCAC 02T . 0108(b)]
a. animal wastes of the type generated on this facility;
b. up to 20,000 pounds/day of food waste (edible meat waste from Smithfield's Kinston plant); and
c. up to 105 tons/day of swine animal mortality."
Per the annual report submitted, the food waste far exceeded the allowable limit. Available information
indicates that in addition to animal waste, food waste (from Smithfield's Kinston Plant) and swine animal
mortality, guts, filler, peptone, and blood, liquid protein (lp?) have also been introduced into the system.
It is also unclear whether hot dog and deli products have originated from Smithfield's Kinston Plant.
Available information also lists multiple days where more than 20,000 pounds of food waste was received
and accepted by the facility.
Required Corrective Action for Violation 8: See below.
Violation 9: Failure to update and revise nutrient content and volume in effluent to reflect actual nutrient
load in accordance with Condition III.11. Condition III.11. of Individual Swine Waste Management
System Permit No. AWI960067 states
"Six (6) months after mortality feed stocks are added to the digester and the digester has again reached
steady state, the nutrient content and volume in the effluent from the Innovative System must reviewed and
the CAWMP revised, if needed, to reflect actual nutrient load based."
It has not been demonstrated that nutrient content and volume in the effluent has been reviewed and the
CAWMP has not been updated to reflect any necessary revisions.
Required Corrective Action for Violation 9: See below.
Violation 10: Failure to submit a comprehensive Operation and Maintenance (0 & M) manual within 1
year of operation of the Innovative System in accordance with Condition VII.9 VII.9. of Individual
Swine Waste Management System Permit No. AWI960067 states
"After the Innovative System has been in use for one (1) year (does not need to be consecutive) the
Permittee or their designee must submit a comprehensive Operation and Maintenance (O&M) manual if
the system is to remain operational. The O&M manual shall include the following minimum information:
a. As -built drawings,
b. A detailed description of the Innovative System,
c. Warranty information for all installed equipment and each major component,
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d. Inventory, functional descriptions, and complete operating instructions for all installed
equipment and each major component,
e. Instructions for start-up/shut-down as well as for calibration and adjustment of all installed
equipment and each major component,
f Recommended maintenance management system, including preventative and predictive
maintenance, for all installed equipment and each major component,
g. Contact information for local service companies as well as instructions for replacement of all
installed equipment and each major component,
h. Contact information for local contractors capable of performing emergency repairs, and
i. Contact information for regulatory and other agencies."
A comprehensive 0 & M manual has not been provided.
Required Corrective Action for Violation 10: See below.
Violation 11: Failure to submit a comprehensive operator training program for approval within 1 year of
operation of the Innovative System in accordance with Condition VII.10. VII.10. of Individual Swine
Waste Management System Permit No. AWI960067 states
"After the Innovative System has been in use for one (1) year (does not need to be consecutive) the
Permittee or a designee must submit a comprehensive operator -training program to be approved by the
Division."
A comprehensive operator training program has not been submitted for review and approval.
Required Corrective Action for Violation 11: See below.
Violation 12: Failure to operate the White Oak Farms facility with respect to the nature and volume of
wastes described in the permit in accordance with Condition VII.15. VII.15. of Individual Swine Waste
Management System Permit No. AWI960067 states
"This Permit is effective only with respect to the nature and volume of wastes described in this Permit for
the White Oak Farms.
Any proposed modification to an animal waste management system shall require approval from the
Division prior to construction."
Unapproved wastes have been accepted at the facility and approved volumes for acceptable receivables
has been exceeded as referenced in Violation 8 above.
Required Corrective Action for Violation 12: See below.
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Violation 13: Failure to comply with groundwater quality standards specified in 15A NCAC 2L .0202
and/or Interim Maxim Allowable Concentrations at or beyond the Compliance Boundary.
Groundwater monitoring data for monitoring wells MW-1 and MW-2 report the following levels for the
March 30, 2022 sampling event.
Date Sampled
Well
Ammonia
(mg/L)
(IMAC = 1.5
mg/L)
TKN (mg/L)
Nitrate (mg/L)
(2L Std = 10
mg/L)
3/30/2022
MW-1
26.20
23.76
65.53
3/30/2022
MW-2
24.60
24.56
3.33
A review of the permit and Groundwater Monitoring Reports showed that total ammonia in Monitoring
Wells MW-1 and MW-2 were above the groundwater standard at or beyond the Compliance Boundary.
Required Corrective Action for Violation 13:
The Division of Water Resources has reason to believe that B & B Partnership is responsible for activities
resulting in noncompliance with North Carolina law. B & B Partnership is producing managing wastes
that can be characterized as containing elevated levels of nutrient compounds. The self -reported sample
reports for the above referenced wells have elevated concentrations of total ammonia at or beyond the
Compliance Boundary. This letter is to formally notify you of violations of 15A NCAC 2L (Groundwater
Quality Standards) and to advise you of what you are required to do to correct these violations in
accordance with 15A NCAC 2L .0106 (d).
According to 15A NCAC 2L .0106 (d) (1) the permittee shall demonstrate through predictive calculations
or modeling, that natural site conditions, facility design and operational controls will prevent a violation
of standards at the compliance boundary. Alternately, the person may submit a plan for alteration of
existing site conditions, facility design or operational controls that will prevent a violation at the
compliance boundary and implement that plan upon its approval by the Secretary.
If contaminants are detected at or beyond the compliance boundary, the permittee shall respond in
accordance with the requirements of 15A NCAC 2L .0106 (f). The permittee shall assess the cause,
significance and extent of the violation of standards and submit the results of the investigation, and a plan
and propose a schedule for corrective action to the Division. The permittee shall implement the plan as
approved.
Also, according to 15A NCAC 2L .0106 (f) an initial response is required to be conducted prior to or
concurrent with the assessment required in 15A NCAC 2L .0106 (d). The permittee shall abate, contain,
or control the migration of contaminants. The permittee shall remove, treat or control the primary
pollution source. The site assessment shall be in accordance with 15A NCAC 2L .0106 (g) and the
corrective action shall be in accordance with 15A NCAC 2L .0106 (h).
Required Corrective Action for Violations 2 — 12:
Take all necessary actions to comply with all permit conditions, CAWMP requirements, and any other
applicable regulatory requirements. Please work to ensure that your facility is managed in a way to
maintain compliance with permit and animal waste management plan requirements.
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ADDITIONAL INFORMATION REQUEST
1. In addition to violations cited above, the Division of Water Resources requests all records required to
be maintained per Condition IV.1. of the permit be provided with your response. IV.1.. of Individual
Swine Waste Management System Permit No. AWI960067 states
"Adequate records shall be maintained by the Permittee to track the amount of sludge/separated solids
that is disposed. These records shall include, but are not necessarily limited to the volume of
sludge/separated solids generated and dates and amounts of sludge/separated solids removed from the
site."
Condition IV.8. requires submittal of a comprehensive report every six month, including the period from
January 1 — June 30.
Condition IV.8. of Individual Swine Waste Management System Permit No. AWI960067 states
A comprehensive report shall be submitted to the Division every six months after initial start-up of the
Innovative System. Reports for January 1— June 30 are due by July 31, and Reports for July 1— December
31 are due by January 31. The report shall consist of all records, logs, and reports as required in Permit
Conditions III.1 through III.7. The report shall be submitted to the Animal Feeding Operations Program,
1636 Mail Service Center, Raleigh, NC 27699-1636 and to the Water Quality Regional Operations
Supervisor, Washington Regional Office, , Washington, NC 27107-2241. Upon prior approval, reports may
be submitted electronically.
Please include your January 1 — June 30, 2022, comprehensive report with your response to this Notice.
2. Areas where abatement and corrective action measures have been conducted have resulted in land
disturbance in areas within protected zones covered under Neuse River Riparian Buffer regulations
(50'buffer along surface waters and wetlands, in general). A Riparian Buffer Repair and Restoration Plan
to restore impacted areas within protected buffered areas shall be submitted within 45 days of receipt of
this Notice.
3. Condition IV.20. of Individual Swine Waste Management System Permit No. AWI960067 states
In the event of a discharge of 1,000 gallons or more of waste to surface waters or wetlands, the
Permittee must issue a press release to all print and electronic news media that provide general
coverage in the county in which the discharge occurred setting out the details of the discharge. The press
release must be issued within forty-eight (48) hours after it is determined that the discharge has reached
the surface waters or wetlands. A copy of the press release and a list of the news media to which it was
distributed must be kept for at least one (1) year after the discharge and must be distributed to any
person upon request.
Please provide documentation to support that press release requirements were satisfied.
You are required to take any necessary action to address the above violations. 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 10 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. Among items to include in your response, please also
reference the volume of wastes discharged from the covered earthen digester structure, volume of wastes
discharged to surface waters, and volumes recovered from surface waters.
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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.
Please note, as additional information becomes available, further action and/or response may be required
beyond the scope of items referenced in this letter.
We appreciate your attention and prompt response in this matter. If you have questions, please do not
hesitate to call Marlene Salyer at [phone].
Sincerely,
Vawi
David May, L.G., Supervisor
Water Quality Regional Operations Section
Division of Water Resources
Washington Regional Office
cc: DWR-WQROS-CAFO Unit -Central Office
Wayne County Soil and Water Conservation District
NCDSWC - WaRO
WaRO Compliance Animal Files
mds Files
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