HomeMy WebLinkAbout260063_ENFORCEMENT_20171231�0F W A T��Q Michael F. Easley, Governor
`p (� William G. Ross Jr„ Secretary
North Carolina Department of Environment and Natural Resources
> y Alan W. Klimek, P,E. Director
p -r Division of Water Quality
July 18, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Rodney Hall
9915 NC Highway 210 South
Autryville, NC 28318
Subject: Rescission of Notice of Violation /
Issuance of Notice of Deficiency
Rodney Hall Farm 1-4
Facility Number 26-63
Cumberland County
Dear Mr. Hall:
Thank you for your recent submittal of the information requested in our letter dated April 15,
2003. We greatly appreciate the effort that you made in compiling this.information and sending
it to our Fayetteville Regional Office by the date required. We also appreciate the fact that you
reported the problem with high freeboard to our staff as required by your permit and worked with
our staff to manage the problem once it occurred.
Upon review and consideration of the information submitted, the Fayetteville Regional Office
has determined that no further compliance/enforcement actions will be taken by the Division for
these high freeboards.
Also, based on your actions to properly operate your facility, the Division of Water Quality
hereby rescinds the Notice of Violation that was issued to you on April 15, 2003, and replaces it
with this Notice of Deficiency.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range.
These methods include, but are not limited to, water conservation practices, adding additional
application sites, updating your cropping systems, adding additional and/or more flexible
application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate
levels throughout the year. Our staff looks forward to continuing to work with you and your
Technical Specialist to evaluate and implement any needed changes to your system.
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Customer Service: Mailing Address: Telephone: (949) 733.5083 Location:
1 800 623-7748 1617 Mail Service Center Fax: (919) 733-0059 512 N. Salisbury St.
Raleigh, NC 27699-1617 State Courier #52-01 -01 Raleigh, NC 27699-1617
An Equal Opportunity! Affirmative Action Employer
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http:llh2o.enr.state. nc,us
Inadequate Freeboard
Page 2
Thank you again for your cooperation.. If you have any questions, please do not hesitate to
contact the staff of our Fayetteville Regional Office at 910-486-1541.
Sincerely,
Paul E. Rawls
Water Quality Regional Supervisor
cc: FRO CAFO File: 26-63
Non -Discharge Compliance and Enforcement Unit
Central Files
Michael F. Easley, Governor
William G. Ross Jr., Secretary
w� North Carolina Department of Environment and Natural Resources
,> Alan W. Klimek, P.E. Director
p Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RODNEY HALL
9915 NC HIGHWAY 210 SouTH
AUTRYVILLB NC 28318
Dear Rodney Hall:
r-- R 1 n . ;---
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,lune 26, 2003
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Subject: Notice of Violation and Revocation for Nonpayment
Rodney Hall Farm 1-4
Permit Number: AWS260063
Cumberland County
In accordance with North Carolina General Statute 143-215.10G, all animal operations who receive an animal
waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are
billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste
management system permit was issued on 411111997. ,
Your annual permit fee for the period of 4/11/2003 - 4/10/2004 is $150.00. Your payment was due 61812003.
Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit,
pursuant to 15 NCAC 2H .0205 (c) (4). and G.S. 143-215.1 (b) (3).
Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual
Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an
animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is
subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to:
N.C. Department of Environment and Natural Resources
.Division of Water Quality
Budget Office
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you have any questions, please contact Fran McPherson at (919) 733-7015 ext. 210.
Sincerely,
Alan W. Klimek, P.E.
cc: Non -Discharge Branch Compliance/Enforcement Unit
Fayetteville Regional Office
Cumberland County Health Department
Permit File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled 110% post -consumer paper
April 16, 2003
CERTIFIED MAIL
RETURN RECEIPTREQUESTED
Rodney Hall
9915 NC Highway 210 South
Autryville NC 28318
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard.
Rodney Hall Farm 1-4
#26-63
Cumberland County
Dear Sir or Madam:
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
` 3 2003
On April 14, 2003, a representative of your animal operation informed the Division of
Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility.
This lack of adequate freeboard is in non-compliance with the Certificate of Coverage
issued to this facility on April 11, 1997. In addition to this Notice of Violation (NOV), this non-
compliance is subject to an appropriate enforcement action by DWQ. This action can consist of
one or more of the following: a civil or criminal enforcement action; an injunction; and/or a
requirement to apply for coverage under an individual permit. The action chosen will be based
on complete evaluation of all factors that resulted in the inadequate freeboard; the actions taken
to restore .the needed freeboard; and the actions being proposed to prevent the problem from
reoccurring.
To assist us in our review, please provide the Fayetteville Regional Office with an
evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard
violation(s). This evaluation and strategy must include but is not limited to the following:
Current Freeboard level(s)
Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal
Spraying records for the past 12 months up to the date of submittal
Customer Service: Mailing Address: Telephone (919) 733-5083
1-877-623-6748 1617 Mail Service Center Fax (9 19) 733-0059
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity/Affirmative Action Employer
50% recycled/ 10% post -consumer paper
htfp://h2o. enr. state. nc. us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617
Inadequate Freeboard
Page 2
Rainfall records for the past 12 months for this site up to the date of submittal (if
available)
Cropping system and PAN specified in the CAWMP. If the cropping system was not in
compliance with the facility's CAWMP, provide details- of the cropping system in place
for the past 12 months.
A summary of actions taken to restore the needed freeboard in the lagoon(s) including but
not limited to removal of animals from the site, delay of restocking of animals, pumping
and hauling waste to another site (specify site), securing additional irrigation equipment,
and securing additional spray sites.
A description of water conservation measures in use at the facility and the date(s)
installed.
If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide
an updated Plan of Action as to how the facility will return to compliance.
Provide a detailed description of the actions taken or proposed to be taken to insure that
there are no further freeboard violations at this facility.
This information must be received by the Fayetteville Regional Office at the following
address no later than 10 days following receipt of this letter.
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
Once this information is received and evaluated by the DWQ staff, a determination will
be made as to the appropriate compliance/enforcement actions to be taken. Each case will be
evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem,
efforts made to resolve the problem once identified, and efforts proposed to prevent future
problems will be positive factors in this determination.
Nothing in this letter should be taken as removing from. you either the responsibility or
liability for this non-compliance or future cases of non-compliance. If you have any questions
regarding this letter, please do not hesitate to contact our Fayetteville Regional Office Staff at
(910) 486-1541.
Sincerely,
Alan W. Klimek, P.E.
Director
cc: Fayetteville Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files
April 29, 2003
Mr. John Hasty
Division of Water Quality
Fayetteville Regional Office
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
Subject: Violation for Inadequate Freeboard
Information Requested
Rodney Hall Farm 1-4
#26-63
Cumberland County
Dear Mr. Hasty:
RtCE F
MAY 0 2 2003
OENR-FgrW LFREcroNAc
On April 22, 2003, we received a notice of violation for lack of
adequate freeboard. Back in the winter we had a water line break at the
farm and we called in this problem to Division of Water Quality and
repaired it quickly. Also, due to the amount of rainfall was the other reason
for inadequate freeboard.
We are taking measures to get lagoon levels where they are supposed
to be. We are spraying when weather is permitting. We are also in the
process of installing a new cup watering system at the farm. This watering
system will lower the water use 60% to 70%, therefore it will lower water
transferred to the lagoon.
We are a well managed farm and we will continue to work very hard
to keep this under control. If there is anything else that is needed, please
contact us.
Sincerely,
Rodney & Melanie Hall
State of North Carolina
Department of Environment,
Health and Natural Resources •
Division of Wafer Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary 1DaHNFZ
A, Preston Howard, Jr., RE, Director
April 3, 1997 RECEIVED
Rodney Hall APR 0 7 1997
Rodney Hall Farm
Rt 2 Box 229 FAfET-1 MQUE
Autryville NC 28318 REG. Q'r"PZe__'
SUBJECT: Notice of Violation
Designation of Operator in Charge
Rodney Hall Farm
Facility Number 26--63
Cumberland County
Dear Mr. Hall:
You were notified by letter dated November 12, 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 for your
facility. Our records indicate that this completed Form has not yet been returned to our office.
For your convenience we are sending you another Operator in Charge Designation Form for your
facility. Please return this completed Form to this office as soon as possible but in no case Iater
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.
Sincerely,
pt"
for Steve W. Tedder, Chief
Water Quality Section
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cc: Fayetteville Regional Office
Facility File
Enclosure
P.O. Box 29535, • "a��
Raleigh, North Carolina 27626-0535 Niw
Telephone 919-733-7015
FAX 919-733-2496
An Equal Opportunity/Affirmative Action Employer
50% recycles/10% post -consumer paper