HomeMy WebLinkAbout780024_NOV-2022-PC-0136_20220315ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
c , 1i
NORTH CAROLINA
Environmental Quality
March 31, 2022
Certified Mail
Return Receipt Requested 7020 0090 0001 7206 2659
Mr. John Ward
502 21 st Ave N
North Myrtle Beach, NC 29582
Subject: Notice of Violation
Ward Faiiiis
AWS780024
Robeson County
NOV-2022-PC-0136
Dear Mr. Ward:
On March 17, 2022, staff of the NC Division of Water Resources (DWR), Water Quality
Regional Operations Section (WQROS) inspected the Ward Farm waste disposal system. We
wish to think Mr. John Ward, who was present and assisted during the inspection.
As a result of this incident, you are hereby notified that, having been peiiuitted to have a non -
discharge permit for the subject animal waste disposal system pursuant to North Carolina
General Statutes G.S. 143-215 et seq. Section .402, you have been found to be in violation of
your permit as follows:
GD E
Oepartmeot of Enwro mental Ouallty
North Carolina Department of Environmental Quality I Division of Water Resources
225 Green Street I Suite 714 I Fayetteville, North Carolina 28301
910.433.3300
Page 2
John Ward
March 31, 2022
Violation 1:
Failure to have an analysis of a representative sample of the animal waste to be applied. It shall
be conducted in accordance with recommended laboratory sampling procedures as close to the
time of application as practical and at least within sixty (60) days (before or after) of the date of
application. Every reasonable effort shall be made to have the waste analyzed prior to the date of
application and as close to the time of waste application as possible. This analysis shall include
the following parameters: (Petrnit No. 100000 Section III 5). - [G.S. 143-215.10C(e)(6)].
Nitrogen Zinc
Phosphorus Copper
During the routine inspection it was documented that Mr. Ward had a waste sample on March
29, 2021, and one on December 7, 2021. Mr. Ward was using the Nitrogen levels from the
March 29, 2021, waste report for his IRR-2 records where he had multiple pumping events in
August 2021.
Required Corrective Action for Violation 1:
Collect a current waste analysis and sent to DWR staff and add to your records. Also, send DWR
copies of your IRR's and crop records of where the waste was applied to your application field.
You need to take and use waste analysis that are 60 days before or 60 days after pumping events.
If you take samples every quarter this should cover you for the year.
Violation 2:
Failure to inspect: The OIC, a designated Back-up OIC of a Type A Animal Waste Management
System, or a person under the supervision of an OIC or designated Back-up OIC shall inspect the
land application site as often as necessary to ensure that the animal waste is land applied in
accordance with the CAWMP. In no case shall the time between inspections be more than 120
minutes during the application of waste. A record of each inspection shall be recorded on forms
Department of Enmonmentaf (twiny
North Carolina Department of Environmental Quality I Division of Water Resources
225 Green Street I Suite 714 I Fayetteville, North Carolina 28301
910.433.3300
Page 3
Mr. John Ward
March 31, 2022
supplied by, or approved by, the Division and shall include the date, time, land application area
used, and name of the operator for each inspection. If neither the OIC or designated Back-up
OIC was present during land application, then the OIC shall inspect the land application area
within twenty-four (24) hours.
Inspection shall include but not be limited to visual observation of equipment, land application
area, subsurface drain outlets, ditches, and drainage ways for any discharge of waste. - [15A
NCAC 8F.0203(b) and 15A NCAC 02T .0108(c)] (Peanit No. 100000 Section II 17)
During the routine compliance inspection, it was documented that you failed to document each
inspection of your application field and equipment as required by your permit.
Required Corrective Action for Violation 2:
During a pumping event, you are required to record with an initial every 120 minutes and the
OIC needs to check if there are any issues with the event.
As the OIC of the fai in you, are required to inspect the application field and equipment as
required in your permit. If you are not on site during the application event the person doing the
waste application shall document each inspection on the IRR2 foiui. You as the OIC are required
to inspect the application fields within 24 hours of the event to ensure there was no issues with
the event. You are also required to document your inspection on the IRR2 form.
You are required to take any necessary action to address the above violation:
The Division of Water Quality requests that, in addition to the specified corrective action above, please
submit the following items within (10) of receipt of this letter.
1. Update your current IRR-2 forms with new analysis 60 days before or 60 days after a pumping
event.
2. Provide a copy of your IRR-2 forms for the year 2021 and 2022 along with crop yields to current
date to the address below or by email.
Department of Ennronmenla! Duality V
North Carolina Department of Environmental Quality Division of Water Resources
225 Green Street Suite 714 Fayetteville, North Carolina 28301
910.433.3300
Page 4
Mr. John Ward
March 31, 2022
Failure to comply with conditions in the peiiiiit 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 peiiiiit under
authority of G.S. 143-215.6A
If you have any questions concerning this Notice, please contact Diane Harrison at (910) 835-
9785 or at diane.harrison@ncdenr.gov.
Sincerely,
DocuSSignnedd�by:
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Trent Allen Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
Cc FRO Compliance Animal Files-Laserfiche
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Department of Emnronmentel UIwN\
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North Carolina Department of Environmental Quality Division of Water Resources
225 Green Street I Suite 714 Fayetteville, North Carolina 28301
910.433.3300