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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. vw 06 it 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 50% recycled 110% post -consumer paper 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 . ;--- "`' LUL ,lune 26, 2003 2OQ3 _ i r 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 bb/awdesletl 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