430019_ENFORCEMENT_20171231

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVIs[ON OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
March 17, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. DeWayne Weeks
163 Ruffin Road
Dunn, NC 28334
SUBJECT: NOTICE OF DEFICIENCY
Weeks Farms, Inc.
Facility No. 43-19
Permit No. AWS430019
Harnett County
Dear Mr. Weeks:
On February 14, 2000, you or staff from your farm notified the Fayetteville Regional
Office of the Division of Water Quality, as required by General Permit condition 111.6.e, that the
freeboard level of the lagoon was less than the minimum required by the General Permit. The
liquid level of the lagoon was reported as 15 inches. General Permit condition V.3 states that "The
maximum waste level in lagoons/storage ponds shall not exceed that specified in the CAWMP.
At a minimum, maximum waste level for lagoons/storage ponds must not exceed the level that
provides adequate storage to contain the 25 -year, 24-hour storm event plus as additional 1 foot
of structural freeboard.".
The Division of Water Quality will take no further action for this reported incident at this
time. However, you are asked to please notify this office in writing within 15 days of receipt of this
letter as to what date the lagoon was lowered to the required freeboard level. This information is
essential in determining if the lagoon was lowered within the specified time frame in which the Plan
of Action (POA) allotted. It will also close this event out within your file. If you have any questions
concerning this matter, please do not hesitate to contact myself at [phone].
Sincerely,
Jeffery Brown
Environmental Engineer
cc Sonya Avant - Compliance Group
Central Files
Trent Allen - DSWC Fayetteville Office
Parks Blake, Harnett County NRCS
225 GREEN STREET, SUITE 714 / 9YSTEL 91-6. FAYETTEVIL", NORTH CAROLINA 29301-5043
PHONE[phone] FA%910-486-0707
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NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
August 20, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Weeps Farms, Inc.
Attn: Mr. Ryan Weeks
163 Ruffin Road
Dunn, NC 28334
SUBJECT: NOTICE OF DEFICIANCY
Weeks Farms
Facility No. 43-19 Permit No- AWS 043019
Harnett County
Dear Mr. Weeks:
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
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 2H .0217, you have been found to be in violation of your 2H .0217
Permit.
On August 17, 2001, you or staff from your farm notified the Fayetteville Regional Office of the Division of
Water Quality that the freeboard level of the lagoon, at the above referenced facility, was less than the minimum
(approximately 17 inches) required in the General Permit for this facility. Failure to maintain storage capacity in
a lagoon/storage pond greater than or equal to that required is a violation of your General Permit.
The Division of Water Quality requests that the following item(s) be addressed:
1. Maintain lagoon freeboard at or below the compliance boundary of 19 inches.
Failure to comply with the above conditions may result in the facility losing its General Permit and being
required to obtain an individual non -discharge permit for the facility.
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement
actions for this violation or any past or future violation. Furthermore, the Division of Water Quality has the
authority to levy a civil penalty of not more than S25,000.00 per day per violation.
225 GREEN STREET - SUITE 7141 SYSTEL BUILDING / FAYETTEVILLE, NC 28301-5043
PHONE [phone] FAX [phone] WWW. ENR. STATE. NCA 15lENR/
AN EQUAL OPPORTUNITY! AFFIRMATIVE ACTION EMPLOYER- 50% RECYCLED/10% POST CONSUMER PAPER
DENR TOLL FREE HOTLINE: [phone]

Mr. Weeks
8-20-01
Page 2
Please provide this office with a written response on or before September 3, 2001 as to the actions taken
or proposed to be taken to avoid this situation in the future. If you have any questions concerning this matter,
please do not hesitate to contact me at [phone].
Sincerely,
M_ Paul Sherman
Environmental Engineer
Cc: Sonya Avant -Compliance Group
Trent Allen-DSWC Fayetteville Office
Parks Blake -Harnett Co. MRCS
Central Files -Raleigh

April 16, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
DeWayne Weeks
163 Ruffin Road
Dunn NC 28334
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
Weeks Farms Inc
#43-19
Harnett 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
Apia 2 3 2003 t f
}
On March 10, 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 August 31, 1998. 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 [phone]
1-877-623-6748 1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 Slate Courier #52-01 -01
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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 -l0 -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
[phone].
Sincerely,
Alan W. Klimek, P.E.
Director
cc: Fayetteville Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files

Mr. Ryan Weeks
Weeks Farms Inc.
163 Ruffin Road
Dunn, NC 28334
. 1 4 2003
July 10, 2003
RE: Request for Remission of Civil Penalty
Farm # 43-19
Harnett County
File No. PC 03-007
Dear Mr. Weeks:
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
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
In accordance with North Carolina General Statute 143-215.6A(f), I considered the information
you submitted in support of your request for remission and did not find grounds to modify the
civil penalty assessment of $1,138.28.
There are two options available to you. You may pay the civil penalty assessment or you may
present your request for remission to the Committee on Civil Penalty Remissions of the
Environmental Management Commission- If you choose to pay the penalty, please make your
check Davable to the Deoartment of Environment and Natural Resources and reference the case
number. Send payment within 30 days of your receipt of this letter to the attention of:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
You also have the option of presenting your request to the Committee on Civil Penalty
Remissions, which is comprised of members of the Environmental Management Commission.
You or your representative will be allowed approximately five minutes for your presentation. A
representative from the Division of Water Quality will present the case against remission. The
Committee on Civil Penalty Remissions will render a final and binding decision in accordance
with NCGS 143B -282.1(c).
Customer Service. Mailing Address: Telephone [phone]
1-877-623-6748 1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity/Atfinnative Action Employer
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NCDENR
Location:
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Raleigh, NC 27699-1617

If you choose to present your request to the committee, please notify DWQ within 30 days of
receipt of this letter at the same address as above. Your request will be scheduled on the agenda
of the next scheduled committee meeting and you will be notified of the date and time. If a
response is not received by the Division regarding this notice, your request will be automatically
scheduled on the agenda for an upcoming committee meeting.
Thank you for your attention to this matter. If you would like a receipt that your check was
received; please send it via certified mail. Please contact Steve Lewis at [phone], ext.
539 if you have any questions.
Sincerely,
Alan W. Klimek, P.E.
AWK/sci
cc: Paul Rawls, Fayetteville Regional Supervisor
�6herman..FR
File # PC 03-007
Central Files

O�QF W A rFgQG Michael F. Easley, Governor
William G. Ross Jr., Secretary
t' North Carolina Department of Environment and Natural Resources
J �
Q Alan W. Klimek, P.E. Director
Division of Water Quality
July l 1, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Dewayne Weeks
163 Ruffin Rd.
Dunn, NC 38334
Re: Notice of Deficiency
High Freeboard
Weeks Farms, Inc.
NCA243019
Harnett County
Dear Mr. Weeks:
On 11/2212006, you or an employee of your farm notified the Fayetteville Regional
Office Division of Water Quality, as required by the Swine Waste Management General Permit
NCA200000 Section III 1 I (e), that the freeboard level of the lagoon was 17.5 inches, which is
less than the minimum required. The General Permit states "The maximum waste level in
lagoons/storage ponds shall not exceed that specified in the facility's CAWMP. At a minimum,
maximum waste level for lagoons/storage ponds must not exceed the level that provides
adequate storage to contain the 25 -year, 24-hour storm event plus an additional one (1) foot of
structural freeboard."
We appreciate your cooperation in self -reporting high freeboards and providing records.
Please bear in mind that high freeboards must be reported by phone, email, fax, or personal
contact within 24 hours. Plans of Action (POAs) must be filed within 24 hours for structural and
48 hours for storm storage high freeboards. They EXPIRE after five (5) days for structural and
thirty (30) days for storage high freeboards. At that time, the situation should be resolved or,
upon request, the Division may grant extensions for adverse conditions.
Required Corrective Action:
At this time, the incident is closed. The Division strongly recommends that you
review your facilities and procedures with the goal of eliminating future high freeboards,
which could lead to mandatory review of your Waste Utilization Plan by a Technical
Specialist, Notices of Violation or civil penalties in the future if freeboard noncompliance
remains an issue.
Aquifer Protection Section 1636 Mail Service Center
Internet: www.ncwaterguality ore i.ocatiow 2728 Capital Boulevard
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper
No ` Carolina
Naturallry
Raleigh, NC 27699-1636 Telephone: [phone]
Raleigh, NC 27604 Fax 1: [phone]
Fax 2: [phone]
Customer Service: [phone]

July 11, 2007
Page 2
Weeks
If you are not aware, you now may pump up to eight (S) inches below the "Stop
Pump" mark between June 15 and October 31 provided that the criteria in NRCS
Standard for Waste Treatment Lagoon No. 359 are met.
The Division of Water Quality has the authority to levy a civil penalty of up to $25,000
per day per violation. Please be advised that nothing in this letter should be taken as removing
from you the responsibility or liability for failure to comply with any State Rule, State Statue or
permitting requirement.
If you have any questions regarding this letter, please do not hesitate to call Joan Schneier
at the Fayetteville Regional Office at [phone]. State email addresses typically are in the
format [e-mail]. POAs can be found under "Reporting Forms" on the left
side of the page, at our website http://h2o.enr.state.nc.uslaps/afou/afou—home.htm
Sincerely,
Art Barnhardt
Regional Supervisor
cc: Facility File — 43-019
APS Central Files

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly l=aves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
AQUIFER PROTECTION SECTION
January 19, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Weeks Farm Inc
Attn: Mr. Weeks
163 Ruffin Rd
Dunn NC 28334
Subject: NOTICE OF DEFICIENCY
Weeks Farm Inc.
AWS430019
Hamett County
NOD -201 I -PC-0042
Incident No. 201000209
Dear Mr. Weeks:
On January 22, 2010 staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section was
notified of a high freeboard level in lagoon 1. We wish to thank Mr. Ryan Weeks for notifying DWQ of
this incident.
As a result of these incidents, 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 have been found to be in violation of your Certified Animal Waste Management Plan and
the Swine Waste System General Permit No. AWG 100000 that you are covered to operate under, as
follows:
Deficiency 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified
Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste System General
Permit No. AWG100000.
North Carolina Division of Water Quality Intemet: www.ncwater ualit .or
225 Green St., Ste, 714 Phone: [phone]
Fayetteville, NC 28301 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled110% Post Consumer Paper
NorthCarolina
Naturally

Mr. Dewayne Weeks
01/19/2011
Page 2
On January 22, 2010 the lagoon level was documented at 17 inches in lagoon l _ A level of 19 inches is
the maximum level allowed by your permit and Certified Animal Waste Management Plan for the
lagoon.
Required Corrective Action for Deficiency 1:
Please provide the date the lagoon came back into and stayed in compliance by February 21, 2011 in
writing or by phone. Please continue to insure lagoon levels remain in compliance with Section 2 of
your permit.
If you have any questions concerning this notice, please contact me at [phone].
Sincerely,
hneier
Environmental Specialist
Fayetteville Regional Office
cc: Keith Larick CA FO Unit
NCDSWC-FRO, Danny Edwards
FRO Compliance Animal Files

. R
Ai;A
HCDEN
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
09/10/2013
CERTIFIED MAIL 7009 3410 0001 6831 12.02
RETURN RECEIPT REQUESTED
Mr. Dewayne Weeks
163 Ruffin Rd
Dunn, North Carolina 28334-5844
Subject: NOTICE OF VIOLATION, NOD -2013 -PC -0358, Incident 201301601
Administrative Code 15A NCAC 2T. 13 04
Weeks Farm Inc., Facility No. 43-19
Permit No. AWS430019
Hamett County
Dear Mr. Weeks:
On 0910412013, staff of the NC Division of Water Resources (DWR), Water Quality Section, inspected
Weeks Farm Inc. and the permitted waste disposal system. We wish to thank Mr. Ryan Weeks for
assistance during the inspection.
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 permit as follows:
Violation 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified
Animal Waste Management Plan. (Permit No. AWG100000, Section V. 2)
On 07/15/2013, lagoon levels were documented at 15.0 inches of freeboard at Weeks Farm, Inc. A level
of 19.0 inches is the maximum level allowed by your permit.
225 Green St., Suite 714
Fayetteville, North Carolina 28301-5095
Phone: M-433-33001 FAX: [phone]
Intemet www.ncwateriluality.ory
An Equal Opportunity 1 Affirmative Action Employer

Mr. Weeks
09/10/2013
Page 2 of 2
Required Corrective Action for Violation 1:
Continue to follow the proposed actions out] ined in you Plan of Action (POA) and received in the
Fayetteville Regional Office on 07/17/2013. Take all necessary additional steps to insure lagoon levels
remain in compliance with Section V. 2 of your permit.
The Division acknowledges heavy rainfall in your area during June and July and thanks you for prompt
action in pumping down the lagoon.
If you have any questions concerning this Notice, please contact Joan Schneier at [phone].
Sincerely,
� "Ia�
Joan Schneier
Environmental Specialist
cc: Keith Larick CAFO Unit
FRO Files

August 12, 2002
MR RYAN WEEKS
WEEKS FARMS INC
163 RUFFIN ROAD
DUNN NC 28334
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
r
u7rk Fr'
2003 i
SUBJECT: Acknowledgment Receipt Letter
Farm # 43-19
File # PC 03-007
Harnett County
Dear Mr. Weeks:
This letter is to acknowledge receipt of your check # 6915 in the amount of $1,138.28,
received on August 6 2003.
This payment satisfies in full the civil assessment in the amount of $1,138.28 levied
against Weeks Farms Inc., and this enforcement case has been closed. Payment of these
penalties in no way precludes further action by this Division for future violations.
If you have any questions please call Steve Lewis at [phone] ext. 539.
Sincerely,
r
7Steve Lewis
dk Non -Discharge Compliance & Enforcement
SL: sw
cc:Fayetteville Regional Off ce
Enforcement/Compliance Files # PC 03-007
Central Files
NCDENR
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity /Affirmative Action Employer
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DWQ- - CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION
Case Number: Pc,C) .-, -0c)-7 Region .F—Pn County: 4" e k k
Assessed
Entity:
O Whether one or more of the civil penalty assessment factors were wrongly applied
to the detriment of the petitioner;
Notes:
(} Whether the violator promptly abated continuing environmental damage resulting
from the violation;
Notes:
O Whether the violation was inadvertent or a result of an accident;
Notes:
O Whether the violator had been assessed civil penalties for any previous violations;
Notes:
(} Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Notes:

Decision (Check one)
Request Denied Full Remission Partial
remission Amount remitted
Date
Alan Klimek, P.E.

o�'oF WA rFRPG
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Q Alan W. Klimek, P.E. Director
Division of Water Quality
May 13, 2003
Mr. Ryan Weeks
Weeks Farms, Inc.
163 Ruffin Road
Dunn, NC 28334
RE: Remission Request
Farm # 43-19
Harnett County
File # PC 03-007
Dear Mr. Weeks:
P EP
MAYA �5 �
D-1VQ
This letter is to acknowledge receipt of your request for remission of the civil penalty levied
against the subject facility. This request will be reviewed at the next scheduled conference on
June 4, 2003, and you will be notified about the Division's decision concerning remission. If you
have any questions, please call me at [phone], ext. 539.
Sincerely,
Steve Lewis
Non -Discharge Compliance & Enforcement
cc: Paul Rawls_`„Fayetteville Regional Supervisor w/attachment
Paul Sherman, FRO w/attachment
Central Files
File # PC 03-007 w/ 3 attachments
NCDENR
Customer Service: Mailing Address: Telephone (919) 733 -SOW Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
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RECEIVED
MAY 0 S 2003 May 5, 2003
;Trp. ouAUT? 5.
Dear Mr. Lewis: far,-Discna ° Campance Ed.
Weeks Farms, Inc. has been assessed penalties of $1,138.28 for violations noted
by the Director of the Division of Water Quality dated April 11, 2003. I would lice to ask
that you give consideration to remission of the penalties. I do not dispute the violations.
Our lagoon freeboard Ievel was out of compliance and I unwisely called DWQ much later
than I should have.
I have reported inadequate freeboard levels in the past and I am familiar with the
amount of paperwork that comes as a result. I foolishly thought that when my lagoon
freeboard Ievel fell below 19 inches that I could pump it right back down and avoid the
extra work. Much rainfall magnified my wrong decision.
On October 28, 2002, the lagoon freeboard level was at 28 inches. From that point
until March 31, 2003, we had almost 16 inches (15.95") of rain. On April 4, 2003, my
lagoon freeboard level was back to 24 inches. During that period I pumped the lagoon 37
times in 29 days.
This is an old facility with the first building dating back to 1960 when my father
started with 50 sows farrow to finish. Although that first building is now gone, the
present facility is a conglomeration of different types of buildings built over thirty plus
years with different waste handling systems that all empty into one lagoon. We have
diverted some surface water, but because of the layout there is till a certain amount of
surface water that reaches the lagoon. This makes it more difficult in very wet times to
keep the lagoon down.
We are presently tearing down two old topping houses with exposed deep pits
under slats. Hopefully we will be able to do more things to divert more surface water in
the near future. We also have a buildup of sludge that I plan to start addressing this
summer by agitating and pumping.
I will do what I can to manage this lagoon in a responsible way. I will hopefully
have the lagoon level even lower going into next winter, weather permitting. I want to
thank you for taking the time to review this request for remission' -of penalties. Your
consideration is very much appreciated.
incerely,
Ryan Weeks

f�
6
l�
r STATE OF NORTH CAROLINA
COUNTY OF _ Harnett
IN THE MATTER OF ASSESSMENT
OF CIVIL. PENALTIES AGAINST
Weeks Farms, Inc.
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC 03-007
Having been assessed civil penalties totaling $1,138.28 for violation(s) as set
forth in the assessment document of the Director of the Division of Water Quality dated April 11,
2003 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right
to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged
in the assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty
(30) days of receipt of the civil penalty assessment. No new evidence in support of a remission
request will be allowed after thirty (30) days from tate receipt of the civil penalty assessment.
This the 6!� day of 1 , 20-0 3
SIGNATURE
ADDRESS
I (.e:s 12 y -C4; n
k n.4 AJ C Z�S33 !
TELEPHONE
916- 99 2- - 130

,o�0F w a r�RQc
CO
Michas! F. Easley
Governor
Wiliam G. Ross Jr.. Secretary
Department of Environment and Natural Resources
0 Y Alan W. Klimek, P.E. Director
Division of Water Quality
April 11, 2003
CERTIFIED MAIL �~ -
RETURN RECEIPT REQUESTED #
APR 15 2003 i
Mr_ DeWayne Weeks '
Weeks Farms, Inc.
163 Ruffm Road
Dunn, NC 28334
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Weeks Farms, Inc.
Harnett County
File No. PC 03-007
Permit No. AWS430019
Dear Mr. Weeks:
This letter transmits notice of a civil penalty assessed against DeWayne Weeks in the amount of
$1,138.28, including $138.28 in enforcement costs.
Attached is a copy of the assessment document explaining this penalty. This action was taken
under the authority vested in me by delegation pursuant to N.C.G.S. 143-215.6A(h). Further
investigations of this situation may result in additional penalties.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and
Natural Resources (do not include waiverform). Payment of the penalty will not
foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of.-
Steve
f:
Steve Lewis
Water Quality Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
NCDENR
Customer Service: Mailing Address: Telephone [phone] Location:
1-977-623-6746 1617 Mail Service Center Fax [phone] N- Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh. NC 27699-1617
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2. Submit a written request for remission or mitigation including a detailed justification for such
request:
A request for remission or mitigation is limited to consideration of the reasonableness of the amount
of the penalty and is not the proper procedure for contesting the accuracy of any of the statements
contained in the assessment letter. Because a remission request forecloses the option of an
administrative hearing, such a request must be accompanied by a waiver (form attached) of your
right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute_
You must execute and return to this office the attached waiver and stipulation form and a detailed
statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282_ l (b) were wrongfully
applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please submit this information to the attention of:
Steve Lewis
DWQ
1617 Mail Service Center
Raleigh NC 27699-1617
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must request an administrative
hearing. This request must be in the form of a written petition to the Office of Administrative
Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must
File your original petition with the
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
and
Mail or hand -deliver a copy of the petition to
Mr. Dan Oakley
Registered Agent
Dept. of Environment and Natural Resources
I601 Mail Service Center
Raleigh, North Carolina 27699-1601

Failure to exercise one of the options above within th_ iM days, as evidenced by a date stamp (not a
postmark) indicating when we received your response, will result in this matter being referred to the
Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised
that additional assessments may be levied for future violations which occur after the review period of this
assessment.
If you have any questions, please contact Steve Lewis at [phone], extension 539.
Sincerely,
/Kent Wiggins
cting Supervisor
Non -Discharge Compliance/Enforcement
ATTACHMENTS
cc 4Regivnal=Svpervis// aw�or ttacttachrt-e—` n
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Office w/ attachments

f
STATE OF NORTH CAROLINA
COUNTY OF Harnett
ENVIRONMENTAL MANAGEMENT
COMMISSION
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND
Weeks Farms. Inc_ ) STIPULATION OF FACTS
FILE NO. PC 03-007
Having been assessed civil .penalties totaling $1,138.28 for violation(s) as set
forth in the assessment document of the Director of the Division of Water Quality dated ASI 1
2003 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right
to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged
in the assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty
(30) days of receipt of the civil penalty assessment. No new evidence in support of a remission
request will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the
day of
SIGNATURE
ADDRESS
TELEPHONE
9�

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF HARNETT
File No. PC 03-007
IN THE MATTER OF
}
WEEKS FARMS, INC.
}
FINDINGS AND DECISION _
FOR NON -DISCHARGE GENERAL
) AND ASSESSMENT OF
PERMIT VIOLATIONS - -
} CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I, J. Kent
Wiggins, Acting Supervisor of the Non -Discharge Compliance and Enforcement Unit of the
Division of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Weeks Farms, Inc. is a corporation organized and existing under the laws of the
State of North Carolina. R. DeWayne Weeks is the president and Ryan Weeks is
the vice-president of Weeks Farms.
B. Weeks Farms, Inc. owns and operates Weeks Farms, Inc., a swine operation in
Harnett County.
C. Weeks Farms, Inc. was issued Certificate of Coverage AWS430019 under
General Permit AWG 100000 for Weeks Farms, Inc. on August 31, 1998, effective
August 31, 1998, with an expiration date of April 30, 2003.
D. Condition No. V. 3. of the General Permit states in part that "The maximum waste
level in lagoons/storage ponds shall not exceed that specified in the Certified
Animal Waste Management Plan (CAWMP). At a minimum, maximum waste
level for lagoons/storage ponds must not exceed the level that provides adequate
storage to contain the 25 -year, 24-hour storm event plus an additional one (1) foot
of structural freeboard."
E. The 25 -year, 24-hour storm event for the facility's location is between six and
one-half (6.5) and seven (7) inches according to National Weather Service,
Technical Paper 40, Rainfall Frequency Atlas of the United States, 1961.

i
F. Based on the 25 -year, 24-hour storm event of seven (7) inches and one foot of
required structural freeboard, the waste level for adequate storage in the lagoon
for Weeks Farms, Inc. is nineteen (19) inches.
G. Condition No. III. 6. e. of the General Permit requires that the permittee shall
report by telephone to the appropriate Regional Office as soon as possible, but in
no case more than 24 hours following first knowledge of the occurrence of failure
to maintain storage capacity in a lagoon/storage pond greater than or equal to that
required in Condition V. 3. of the issued permit_
H. Ryan Weeks notified the Division of Soil and Water Conservation (DSWC) in the
Fayetteville Regional Office on March 10, 2003 that the waste level of the lagoon
at Weeks Farm; Inc. was twelve (12) inches. DSWC notified DWQ about the
high waste level. DWQ staff contacted Mr. Weeks by telephone and Mr. Weeks
stated to staff that the waste level in the lagoon had been less than nineteen inches
the previous week.
I. DWQ staff from the Fayetteville Regional Office inspected Weeks Farms, Inc. on
March 11, 2003 and observed that the waste level of the lagoon was fourteen (14)
inches which exceeded the level of adequate storage specified in the CAWMP.
J. The costs to the State of the enforcement procedures in this matter totaled
$138.28.
Based upon the above Findings of Fact, I make the following:
II: CONCLUSIONS OF LAW:
A. Weeks Farms, Inc. is a "person" within the meaning of G.S. 143-215.6A pursuant
to G.S. 143-212(4).
B. A permit for an animal waste management system is required by G.S. 143-215.I.
C. The above-cited failure to maintain the liquid level in the lagoon at the level
specified in the CAWMP violated Condition No. V. 3. of the General Permit.
D. The above-cited failure to report by telephone to the appropriate Regional Office
as soon as possible, but in no case more than 24 hours following first knowledge
of the occurrence of failure to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in Condition No. V. 3 violated Condition No.
III. 6. e. of the General Permit.

E_ Weeks Farms, Inc. may be assessed civil penalties pursuant to G.S. 143-
215.6A(a)(2) which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000.00) per violation may be assessed against a person who
violates or fails to act in accordance with the terms, conditions, or requirements of
a permit required by G.S_ 143-215.1.
F. The State's enforcement costs in this matter may be assessed against Weeks
Farms, Inc. pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
G. The Acting Supervisor of the Non -Discharge Compliance and Enforcement Unit,
Division of Water Quality, pursuant to delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the
Division -of Water Quality, has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
DECISION:
Weeks Farms, Inc. is hereby assessed a civil penalty of
$ 500.00 for violating Condition No. V. 3. of the General Pen -nit by
failing to maintain the liquid level in the lagoon at the level
specified in the CAWMP
$ 500.00 for violating Condition No. III. 6. e. of the General Permit
by failing to report by telephone to the appropriate Regional
Office as soon as possible, but in no case more than 24
hours following first knowledge of the occurrence of failure
to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in Condition No. V. 3
$ 138.28
$ 1,138.28
Enforcement costs
TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered
the factors listed in G.S. 143B-282. I (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage:
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;

(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures.
03
(Date) ion-DischargesiCompliance
nt Wiggin, Ac ' upervisor
- and Enforcement Unit
Division of Water Quality