820203_NOV-2022-PC-0481_20220929

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
September 29, 2022
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7020 1810 0002 1109 0950
David Merritt
1897 Merritt Rd
Magnolia, NC 28453
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2T .1304
David Merritt Permit No. AWS820203
Incident No. 202201394
NOV-2022-PC-0481
Sampson County
Dear Mr. David Merritt,
On August 31, 2022, staff of NC Department of Environmental Quality (DEQ) Division of Water
Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected the
David Merritt Farm waste disposal system. We wish to thank Michael Merritt, who was present
during the inspection,
As a result of this notification, 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:
GDE
NORTH C OLI JA '
omm mr� ep..of o�.i
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green St., Suite 714 I Fayetteville, North Carolina 28301-5043
910.433.3300

Page 2
David Merritt
September 29, 2022
Violation 1:
The collection, treatment, and storage facilities, and the land application equipment and fields
shall be properly maintained at all times. — [15A NCAC 02T .1304(b)] (Permit No. 100000
Section II 1)
On August 31, 2022, the Division of Water Resources (DWR) received a complaint about waste
spraying into the air from a hydrant while you were operating a reel in another field. DWR staff
responded to the complaint the same afternoon and documented that you did have a leaking
hydrant and air vent. You stated that you found the leaking hydrant when you made your
inspection of the system and immediately stopped the waste application event. DWR staff
documented that you had excessive waste ponding around the hydrant and in the field with run
off, but nothing reached waters of the State.
Required Corrective Action for Violation 1:
DWR Staff ask that you replace the hydrant cover and repair the leaking vent. On September 4,
2022, you sent text pictures of the repaired hydrant and replaced air vent. Continue to monitor
your system for leaks during and after each spray event.
Violation 2:
In no case shall land application result in excessive ponding or any runoff during any given application
event. — [15A NACA 02T .1304(b)] (Permit No. AWS100000 Section II 5)
On August 31, 2022, during the compliant investigation it was documented you had excessive
ponding with runoff at the leaking hydrant. No waste reached the waters of the state.
DE
NORTH CAROLINA
gaparMeM of Environment,/quay
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301-5043
910-433-3300

Page 3
David Merritt
September 29, 2022
Required Corrective Action for Violation 2:
Follow the corrective actions in violation 1
Violation 3:
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. A record of
each inspection shall be recorded on forms 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 or designated Back-up OIC
shall inspect the land application area within twenty-four (24) hours.
Inspection shall include but not be limited to visual observation of application equipment, land
application areas, subsurface drain outlets, ditches, and drainage ways for any discharge of waste. — [15A
NCAC 8F .0203(b) and 15A NCAC 02T .0108(c)] (Permit No. 100000 Section II 17)
On August 31, 2022, it was documented that Mr. Merritt failed to inspect his waste application
equipment in a timely manner to prevent the amount of waste that was ponded in his field.
Required Corrective Action for Violation 3:
In the future, inspect the spray application site, equipment, and all components of the waste
application system to ensure this does not happen again.
D_E
NORTH CAROLINA
gaparMeM of Environment,/quay
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301-5043
910-433-3300

Page 4
David Merritt
September 29, 2022
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 from receipt of this letter:
1. An explanation from the OIC for this farm regarding how violation occurred.
2. A list from the OIC concerning the steps that will be taken to prevent these violations
from occurring in the future.
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 [phone]
or me at [phone].
Sincerely,
DocuSignedd by: _
5189C2D3DD5C42B...
J. Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: FRO Compliance Animal Files-Laserfiche
D_E
NORTH CAROLINA
gaparMeM of Environment,/quay
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301-5043
910-433-3300

DE
NORTH CAROLINA
gaparMeM of Environment,/quay
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301-5043
910-433-3300