HomeMy WebLinkAbout490023_Regional Office Historical File Pre 2018State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Steve W. Tedder; Chairman
December 5,1996
Robert L. Brawley
Rocky Creek Dairy
680 Cheif Thomas Rd
Harmony NC 28634
EDEi-1NJF
Subject: Operator In Charge Designation
Facility: Rocky Creek Dairy
Facility ID #: 49-23
Iredell County ,
N.C. DEPT. OP
ENVIRONMENT, HEALTH,
& NATURAL RESOURCES
DEC 1.7 1996
DIVISIOT OF ENVIII EO14t 'AY�C1iEIdT
110O,IESVItLE OEOIiiIAL OFFICE
Dear Mr. Brawley:
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on
Agricultural Waste, was'enacted by the North Carolina General Assembly on June 21, 1996. This bill
requires that a certified operator be designated as the Operator in Charge by January 1, 1997, for each animal
waste management system that serves 250 or more swine, 100 or more confined cattle, 75 or more horses,
1,000 or more sheep, or 30,000 or more confined poultry with a liquid animal waste management system. Our
records indicate that your facility is registered with the Division of Water Quality and meets the requirements
for designating an OIC.
A training and certification program is not yet available for animal waste management systems involving
cattle, horses, sheep, or poultry. Owners and operators of these systems will be issued temporary animal waste
management certificates by the Water Pollution Control System Operators Certification Commission
(WPCSOCC). The temporary certificates will expire December 31, 1997, and will not be renewed. To obtain
a permanent certification, you will be required to complete ten hours of training and pass an examination by
December 31; 1997. A training and certification program for operators of animal waste management systems
involving cattle, sheep, horses, and poultry is now being developed and should be available by the spring of
1997. The type of training and certification required for the operator of each system will be based on the nature
of the wastes to be treated and the treatment process(es) primarily used to treat the animal waste. •
As the owner of an animal operation with an animal waste management system, you must designate an
Operator in Charge and must submit the enclosed designation form to the WPCSOCC. If you do not intend to
operate your animal waste management system yourself, you must designate an employee or engage a contract
operator to be the Operator in Charge. The person designated as the Operator in Charge, whether yourself or
another person, must complete the enclosed application form for temporary certification as an animal waste
management system operator. Both the designation form and the application form must be completed and
returned by December 31, 1996..
If you have questions about the new requirements for animal waste management system operators, please call
Beth Buffington or Barry Huneycutt at'919/733-0026.
Sincerely,
FOR
Steve W. Tedder
Enclosures
cc: Mooresville Regional Office
Water Quality Files y
Water Pollution Control System ' ' ® Voice 919-733-0026 FAX 919-733-1338
Operators Certification Commission _ V4ireC An Equal Opportunity/Affirmative Action Employer
P.O. Box 29535 Raleigh, NC 27626-0535 Reduce Reuse Recycle 50% recycled/10% post -consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
April 3, 1997
Robert L. Brawley
Rocky Creek Dairy
680 Cheif Thomas Rd
Harmony NC 28634
A7:71
i
D IE E[NEALHJ
& NATURAL RESOURCES RCES j
APR 7 9997
DIVI51Id1H OF EII! OTYJEUTEL :APIt1iE EPdT
P,§DC E&VR.LE Drnh1 DFE E
SUBJECT: Notice of Violation
Designation of Operator in Charge
Rocky Creek Dairy
Facility Number 49--23
Iredell County
Dear Mr. Brawley:
You were notified by letter dated December 5, 1996; that you were required to designate a certified animal waste
management system operator as Operator in Charge for the subject facility by January 1, 1997. Enclosed with that
letter was an Operator in Charge- Designation Form specifically for your facility, Instructions for Completing
Application for Temporary Certification as an Animal Waste Management System Operator, and an Application for
Temporary Certification as an Animal Waste Management System Operator. Our records indicate that these
completed Forms have not yet been returned to our office.
As was explained in the previous letter, a training and certification program is not yet available for animal waste
management systems involving cattle, horses, sheep, or poultry (with a liquid waste system). Therefore owners of
these systems were allowed to request that they be issued temporary certifications until December 31, 1997. All that
was required to receive this temporary certification was the completion of the Application Form.
For you convenience, we are sending you additional copies of the Operator in Charge Designation Form specifically
for your facility, Instructions for Completing Application for Temporary Certification as an Animal Waste
Management System Operator, and an. Application for Temporary Certification as an Animal Waste Management
System Operator. Please return this completed Form to this office as soon as possible but in no case later than April
25, 1997. This office maintains a list of certified operators in your area if you need assistance in locating a certified
operator.
Please note that failure to designate an Operator in Charge of your animal waste management system, is a violation
of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an appropriately certified operator is designated.
Please be advised that nothing in this letter should be taken as absolving you of the responsibility and liability for
any past or future violations for your failure to designate an appropriate Operator in Charge by January 1, 1997.
If you have questions concerning this matter, please contact our Technical Assistance and Certification Group at
(919)733-0026.
cc: Mooresville Regional Office
Facility File
Enclosures
P.O. Box 29535,
Raleigh, North Carolina 27626-0535
Telephone 919-733-7015
Sincerely, �,nn
fia
for
Steve W. Tedder, Chief
Water Quality Section
FAX 919-733-2496
An Equal Opportunity/Affirmative Action Employer
50% recycles/10% post -consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Robert Brawley
680 Chief Thomas Rd.
Harmony, NC 28634
Dear Mr. Brawley:
IDEFINFZ
DIVISION OF WATER QUALITY
June 10, 1997
Subject: Removal from State Registry
Rocky Creek Farm, Facility #: 49-23
Iredell County, NC
Your facility is currently on the state register for animal facilities. Those facilities on the
register are required to have a designated certified operator as of January 1, 1997 and a certified
farm plan by.December 31, 1997. The facilities are also subject to two operational reviews/
inspections per year.
The Division of Water Quality has been informed that your dairy facility is no longer in
operation or you are below the threshold number requiring certification. With that in mind,
enclosed is a form for you to complete and forward to Raleigh. The address is on the form. Please
send it to the attention of Sue Homewood.
Be advised that North Carolina General Statutes provide for penalties of up to $10,000 per
day per violation as well as criminal penalties for violations of state environmental laws and
regulations. If you have any questions concerning this matter, please do not hesitate to contact Mr.
Alan Johnson or me at (704) 663-1699.
Enclosure
cc: Iredell SWCD
Facility Assessment Unit
Regional Coordinator
AJ
919 North Main Street,
Mooresville, North Carolina 28115
Voice 704-663-1699
Sincerely,
D. Rex Gleason, P. E.
Water Quality Regional Supervisor
vim• FAX 704-663-6040
An Equal Opportunity/Affirmative Action Employer
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50% recycled/10% post -consumer paper