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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: •n"�.r.+�-^. IJ�XXRA_, `5189C2D3DD5C42B... Trent Allen Regional Supervisor Water Quality Regional Operations Section Fayetteville Regional Office Division of Water Resources, NCDEQ Cc FRO Compliance Animal Files-Laserfiche E Department of Emnronmentel UIwN\ suaree North Carolina Department of Environmental Quality Division of Water Resources 225 Green Street I Suite 714 Fayetteville, North Carolina 28301 910.433.3300