510020_NOV and Intent to Assess_20190125 (83)

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Served by JOHNSTON COUNTY SHERRIF
Mr. Sammy Britt -
904 Langston Rd
Newton Grove, North Carolina 28366-8772
NORTH CAROLINA
Environmental Quality
January 25, 2019
Subject: NOTICE OF VIOLATION/ NOTICE OF INTENT TO ENFORCE
NOV-2018-DV-0258
Administrative Code 15A NCAC 2T .1304
Sammy Britt Farm, Houses 1-6, Facility No. 51-0020, Permit No. AWS510020
Johnston County
Dear Mr. Britt:
On September 21, 2018, Joan Schneier and Stephanie Goss of the NC Division of Water Resources (DWR), Water
Quality Regional Operations Section, Raleigh Regional Office, inspected the Sammy Britt Farm, Houses 1-6 and
the permitted waste disposal system.
As a result of this inspection, 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 Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System General
Permit No. AWG 100000 as follows:
Violation 1:
Failure to operate the facility as a non -discharge system and prevent a discharge of waste that reaches surface water,
wetlands, or by other means of conveyance that drains to surface water or wetlands in accordance with Condition
I. 1. of Swine Waste System General Permit No. AWG100000.
On September 21, 2018, DWR staff observed a trail of hog waste leading from the easternmost hog house downhill
to a nearby wetland. A series of puddles of waste were observed up to a deeper pool of water leading to a perennial
stream, which is an unnamed tributary of Mill Creek in the Neuse River Basin. See attached Figures 1— 5.
Required Corrective action for Violation 1:
Take all action necessary to abate any damages and to prevent reoccurrence of such discharge event.
Violation 2:
Failure to notify Division of Water Quality of a discharge in accordance with Conditions III. 9 and 13 of Swine
Waste System General Permit No. AWG100000. Condition III. 9 states "The discharge notification shall include
the following information:
DW -4 North Carolina Department of Environmental Quality I Division of Water Resources
cf��` �d Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

a. Description of the discharge: A description of the discharge including an estimate of the volume discharged,
a description of the flow path to the receiving surface waters or wetlands and a site sketch showing the path
of the waste.
b. Time of the discharge: The length of time of the discharge, including the exact dates and times that it started
and stopped...
c. Cause of the discharge: A detailed statement of the cause of the discharge. If caused by a precipitation event,
detailed information from .the on-site rain gauge concerning the inches and duration of the precipitation
event.
d. All steps being taken to reduce, stop and cleanup the discharge. All steps to be taken to prevent future
1 discharges from the same cause.
e. Analysis of the waste: a copy of the last waste analysis as required by Permit Condition III.5.
f. A waste sample, obtained within seventy-two (72) hours following the first knowledge of the discharge to
surface waters or wetlands, from the source lagoon/storage pond, shall be analyzed for the following
minimum parameters:
Fecal coliform bacteria Five-day biochemical oxygen demand (BODS)
Total suspended solids Total phosphorus
Ammonia nitrogen (NH3-N) Total Kjeldahl nitrogen (TKN)
Nitrate nitrogen (NO3-N)
Monitoring results must be submitted to the Division within thirty (30) days of the discharge event."
Condition 111. 13 states: "The Permittee shall report by telephone to the appropriate Divisional Regional Office as
soon as possible, but in no case more than twenty-four (24) hours following first knowledge of the occurrence of
any of the following events:
a. Failure of any component of the animal waste system resulting in a discharge to ditches, surface waters, or
wetlands."...
"The Permittee shall also file a written report to the appropriate Divisional Regional Office within five (5) calendar
days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to be taken
to correct the problem and to ensure that the problem does not recur."
Required Corrective action for Violation 2:
In the future you must notify the Division of Water Quality of the occurrence of any reportable events in accordance
with your permit.
The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the
following items on or before November 5,2018:
1. An explanation from the OIC for this farm covering the points detailed above.
You are required to take any necessary action to correct the above violations within ten (10) days of receipt
of this letter and to provide a written response to this Notice. Please include in your response all corrective
actions already taken and a schedule for completion of any corrective actions not addressed.
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.

1
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 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.
NOTE THIS IS A .DUPLICATE_ OF NOV-2018-DV-0257 DATED OCTOBER 8. 2018 WHICH WAS
ATTEMPTED TO BE DELIVERED TO YOUR ADDRESS BY CERTIFIED MAIL, BUT WAS
UNCLARVIED.
If you have any questions concerning this Notice, please contact Joan Schneier or me at [phone] or by email
using [e-mail] or [e-mail].
Sincerely,
Rick Bolich, L.G., Assistant Regional Supervisor
Raleigh Regional Office, Water Quality Regional Operations
Section, Division of Water Resources
cc: APS CAFO Unit
RRO files

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