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HomeMy WebLinkAbout520008_Notice of Violation - Notice of Intent to Enforce_NOV-2024-DV-0334_20240826Docusign Envelope ID: 5ADA8173-68C3-4C71-8FB4-AF8lB8C1B366 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director CERTIFIED MAIL RETURN RECEIPT REQUESTED CM#7019 2970 0001 3139 8305 Murphy -Brown LLC PO Box 856 Warsaw, NC 28398 NORTH CAROLINA Environmental Quality August 26, 2024 Subject: Notice of Violation / Notice of Intent to Enforce Farm 3509 & 3722 #52-8 AWS520008 Jones County NOV-2024-DV-0334 Dear Murphy -Brown LLC.: On August 21, 2024, staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS) received notification of a discharge at your facility. As a result of this 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 had a discharge to surface water in conflict with your Certified Animal Waste Management Plan and the Swine Waste System General Permit No. AWG100000 that you are covered to operate under. Specific violations follow. Violation 1: The discharge of wastewater to surface water in violation of the facility's Certified Animal Waste Management Plan and with Condition I.1 of Swine Waste System General Permit No. AWG100000. On August 21, 2024, the Division received notification of a discharge at your facility. Upon inspection the Division confirmed a discharge of wastewater that originated at a hydrant south of the lagoon. The wastewater ran offsite and entered an unnamed tributary of the Trent River. Samples have been collected with results pending. North Carolina Department of Environmental Quality Division of Water Resources Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889 NORTHCARouNA JPI/ 252-946-6481 Docusign Envelope ID: 5ADA8173-68C3-4C71-8FB4-AF8lB8C1B366 Required Corrective Action for Violation 1: Take all necessary additional steps to ensure that wastewater does not run off from any part of your facility. Wastewater should be contained in the lagoon and when conditions permit, it should be pumped onto healthy sprayfields at agronomic rates. You are required to take any necessary action to address the above violation. 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 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. 2024 freeboard, rainfall and irrigation records should also be included. As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty assessment to the Director of the Division. If you wish to present an explanation for the violations cited, or if you believe there are other factors, which should be considered, please send such information to me in writing within ten (10) days following receipt of this letter. Your response will be reviewed, and, if an enforcement action is still deemed appropriate, it will be forwarded to the Director and included for consideration. 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 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 permit under authority of G.S. 143-215.6A. If you have any questions concerning this Notice, please contact me at (252) 948-3939. Sincerely, DocuSigneen1d"Abyy::, . 2749BC61EE134BA... David May, Supervisor Water Quality Regional Operations Section Division of Water Resources Washington Regional Office cc: WaRO Laserfiche Files North Carolina Department of Environmental Quality Division of Water Resources D � Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889 NORTH CARCLINA 252-946-6481 gaparMeM of EmironmanW quay