Loading...
HomeMy WebLinkAbout780086_ENFORCEMENT_20171231March 9, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr, Matt Mehlenbacher P.O. Box 1767 Larinburg, NC 28353 Subject: NOTICE OF VIOLATION Carroll's Farm 7684 Facility No. 78- 86 Robeson County Dear Mr. Mehlenbacher: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Coleen H. Sullins, Deputy 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 February 13,2004, staff from the Fayetteville Regional Office of the Division of Water Quality responded to a call from your company regarding a waste spill that had occurred on Farm 7684 in Robeson County. The release occurred according to company personnel at around 2:00 pm on Thursday the 12" of February. It was discovered after a cleaning of salt from the recirculation lines was performed. During the line check the flow and pressures were not sufficient going to the flush tanks and farm personnel started looking for the cause. They discovered wastewater perking on top of the ground outside one of the confinement houses. At the time of DWQ staff arriving on the following day repairs were underway to a recycle line that had ruptured and released wastewater for a period of time. The wastewater had traveled approximately 100 hundred yards away from the confinement house. The wastewater crossed under a farm road by exiting a drain tile and then meandered along the wood line until it followed the topography downgrade to the flat waters of a UT of Gum Swamp. The company responded by constructing dams at the drain tiles and a sump -basin area with shovels some fifteen feet out in the flat .eater from the waters edge. Farm Manager and OIC, Mark Hunt, described an area approximately sixty feet by twenty-five feet that was pink in color. They pumped this area with a 5hp pump for 1.5 to 2 hours on the evening of the 12 h and again for an hour on the morning of the 13th. This area still had a pink tint to it at the time of inspection by DWQ Staff. Samples were taken along with photographs. ;A �,♦CUEht�t N. C. Division of Water Quality 225 Grecn Street -Suite 714 Fayetteville. North Carolina 2x301 (910) 486-1541 Fax(910)486-0707 Customer Service 1-877-623-6748 Matt Mehlenbacher 03-09-04 Page 2 DWQ staff later asked Matt Mehlenbacher, Land & Nutrient Manager for Murphy -Brown for this farm about the extended time that elapsed from his first knowledge of the release and his notification to the FRO as required by the farm's Permit. He stated company protocol required him to assess the situation before he reported it to DWQ. Further he stated he called the FRO on February l 2`h sometime after the Office had closed and was unaware of the Emergency Notification System in the Raleigh Office. Based on your statement of you not being aware of a 24 hour notification process we urge you to inquire of your company's EMS Program and incorporate such a program on your farms. Mr. Mehlenbacher did call the FRO shortly after 8:00am on the IP and report the release. He was strongly urged to call sooner. In this instance several hours of response time were lost in a situation where expertise in environmental response to such releases could prove critical- The objective of the industry and governmental agencies should be to protect our environmental resources by working together to lessen impacts from unpermitted releases of waste. The Division of Water Quality requests that the following items be addressed: 1. Provide a detailed description of events and results of any investigation into the spills cause or causes. 2. Provide figures of quantity of waste lost to include method of determination, total gallons released and amount recovered. 3. Detail any prevention, inspection, mechanical, or procedural changes implemented in order to prevent or lessen future occurrences of this nature. 4. Notification to the appropriate regional office should be "as soon as possible" and follow- up notification could be beneficial after you have performed further onsite assessment. We understand that your protocol may influence reporting but we ask for as immediate notification as possible. Lengthy intervals of this kind may be viewed in a negative manner. 5. Consider training farm personnel in situations which might result in an unpermitted release of waste such as but not limited to plugged or damaged lines. These responses could include blocking of potential waste exit routes as repairs are made to limit waste movement from the immediate area, thus preventing releases to " Waters of the State ". 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. WCDENR M C. Division of Water Quality 225 Green Street -Suite 714 Fayetteville, North Carolina 28301 (910) 480-1541 Fax(910)4K6-0707 Customer Service 1-877-023-0748 Matt Mehlenbacher + 03-09-04 Page 3 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 $25,000.00 per day per violation. Please provide this office with a written response on or before March 31, 2004 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 Mr. Larry Baxley, Environmental Specialist, or myself at (910) 486-1541. Sincer. l- �r t aul E. Rawls Regional Water Quality Supervisor LCB:PR/lcb cc: Keith Larick - Compliance Group Trent Allen - DSWC Fayetteville Office Central Files - Raleigh Marl Pahl — Murphy Brown LLC N. C. Division of Water Quality 225 Green Street -Suite 714 Fayetteville, North Carolina 28301 (910) 486-1541 Fax(910)48"707 if M -ME Customer Service 1-877-623-6748 r { :• " , s -10 ]IJIVI'Siiin-of V4 atee Qtiahty s w k () DIVIS10 ! of Soil:and Watee Conservation f +3. ,pfc �S-+i/� {. L` F t' `�;'',°fr- •^,r `s. F't 4'r�w s ag Type of Visit ® Compliance Inspection O Operation Review O Lagoon Evaluation Reason for Visit O Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access Facility Number 78 g Date of Visit: 2-13-2004 Time: 9:OOam ro NotOperational erational 0 Below Threshold ® Permitted ® Certified 13 Conditionally Certified [3 Registered Date Last Operated or Above -Threshold: ......................... Farm Name: F:7x7tutA.7.184 ................................................ ....................... .. County: Robs iort...........................------------..... FRO ............. Owner Name: ------------------------------------- C7rratl's. k-RQ.ds. ttt�............------------------. Phone No: 910-2. — 34 .......................................................... MailingAddress:)'±~%.B.u.159............................................................................................ IiZ.UtScAI LN.C........................................................ 2JO5.8 ............. Facility, Contact- ----------------------- .."Title: .. Phone No: ................................................... Onsite Representative: ......... integrator: CarrolJ'..ToQds.tm......... ................................ Certified Operator: llaArks ..................................... Htlxltt.................................................. Operator Certification Number: 25;585 .................. Location of Farm: In the east side of SR 11359 approx..8 mile south of its intersection with Hwy. 71, east of the Campbell Soup plant. �& ® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 34 OF -4-5– 08 Longitude 79 • 16 48 u Number of Lagoons 1 Holding Ponds / Cnlid Trans - Discharges & Stream impacts I. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Lagoon ❑ Spray Field ®Other a. if discharge is observed, was the conveyance man-made? b. If discharge is observed, did it reach Water of the State'! (If yes, notify DWQ) c. If discharge is observed, what is the estimated flow in gal/min`.' d. Does discharuc bypass a la+vex>n system? (11'ves, notify DWQ) 2. Is there evidence of past discharge from any part of the operation? 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than fi-om a discharge? Waste Collection &'Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spill% ay Structure I Structure 2 Structure. 3 Structure 4 Structure 5 Identifier: I ® Yes ❑ No ® Yes ❑ No ® Yes ❑ No ® Yes ❑ No ❑ Yes ® No ❑ Yes ® No [:]Yes ® No Structure 6 Freeboard(inches) ......32.estiittiate.......... ............................. .......... .............. I ............. ...................... I ....... ...........-.....-......-........... ......... 12/12163 CnntinuPd Design Current Design Current Design Cu relit Swine Ca' aci r Population Poultry. -Ca achy Population Cattle Capacity Population ❑ Wean to Feeder ❑ Layer ❑ Dairy ❑ Feeder to Finish ❑ Non -Layer ❑ Non -Dairy Farrow to Wean 2400 ❑ Farrow to Feeder ❑Other ❑ Farrow to Finish Total Design Capacity 2,400 ❑ Gilts Total SSLW 1,039,200 ❑ Boars Number of Lagoons 1 Holding Ponds / Cnlid Trans - Discharges & Stream impacts I. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Lagoon ❑ Spray Field ®Other a. if discharge is observed, was the conveyance man-made? b. If discharge is observed, did it reach Water of the State'! (If yes, notify DWQ) c. If discharge is observed, what is the estimated flow in gal/min`.' d. Does discharuc bypass a la+vex>n system? (11'ves, notify DWQ) 2. Is there evidence of past discharge from any part of the operation? 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than fi-om a discharge? Waste Collection &'Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spill% ay Structure I Structure 2 Structure. 3 Structure 4 Structure 5 Identifier: I ® Yes ❑ No ® Yes ❑ No ® Yes ❑ No ® Yes ❑ No ❑ Yes ® No ❑ Yes ® No [:]Yes ® No Structure 6 Freeboard(inches) ......32.estiittiate.......... ............................. .......... .............. I ............. ...................... I ....... ...........-.....-......-........... ......... 12/12163 CnntinuPd Facility Number: 78-96 Date of Inspection 2-13-2004 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ❑ No seepage, etc.) 6. Are there structures on-site which are not properly addressed and/or managed through a waste management or ❑ Yes ❑ No closure plan? (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? ❑ Yes ❑ No 8. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes ❑ No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level ❑ Yes ❑ No elevation markings? confinement houses. The wastewater leak was discovered coming out of the ground after an enzyme treatment to remove salt deposits Waste Application from the lines had been conducted. A subsequent system check revealed a drop in pressure. At that time the leak was found and the 10. Are there any buffers that need maintenance/improvement? ❑ Yes ❑ No 11. Is there evidence of over application? If yes, check the appropriate box below. ❑ Yes ❑ No ❑ Excessive Ponding ❑ PAN []Hydraulic Overload ❑ Frozen Ground ❑ Copper and/or Zinc ook samples. Farm staff used a pump to return wastewater to their lagoon. Mr. Hunt said they pumped for 1.5 to 2 hours the evening of 12. Crop type he 2-12-04 and then again for an hour the morning of the 131h. 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? ❑ Yes ❑ No 16. Is there a lack of adequate waste application equipment? ❑ Yes ❑ No Odor Issues 17. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ Yes ❑ No liquid level of lagoon or storage pond with no agitation? 18. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ❑ No 19. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ❑ No roads, building structure, and/or public property) 20. At the time of the inspection did the facility pose an odor or air quality concern? if yes, contact a regional ❑ Yes ❑ No Air Quality representative immediately. Comments (refer to gaest<on #) Explain any YES answersf andlor, any recommendations or any, other comments'; stns Use drawin s of factfi to better ex lain situations. (use additional h i es as necessary):,' g h' P P �- ®Field Copy E] Final Notes <, On 2-13-04 the FRO was notified by Carroll's representative Matt Mellenbacher of a spill on farm #7684. The spill had occurred on 2-12-04 at 2:00 in the afternoon. When staff arrived workers were repairing a damaged recirculation line outside of one of the confinement houses. The wastewater leak was discovered coming out of the ground after an enzyme treatment to remove salt deposits from the lines had been conducted. A subsequent system check revealed a drop in pressure. At that time the leak was found and the recirculation pump was shut off, Wastewater traveled from the confinement house area across the farm road via a drain pipe and down the wood line. At a point behind the houses it followed the topography to a UT of Gum Swamp. Farm OIG Mark Hunt and other farm employees built dikes near the houses and then attempted to recover as much waste as possible from the UT. Mr. Hunt stated an area approximately 60 wide feet along the edge by 25 feet out into the water was the pink waste color. FRO staff photographed the area and ook samples. Farm staff used a pump to return wastewater to their lagoon. Mr. Hunt said they pumped for 1.5 to 2 hours the evening of he 2-12-04 and then again for an hour the morning of the 131h. erflnspector Name Larry Baxley Mark Brantely Richard,Cannady E er/Inspector Signature: Date: Microbac Laboratories, Inc. Page 1 of I FAYETTEVILLE DIVISION 2592 HOPE MILLS ROAD STATE CERT ID. FAYETTEVILLE, NC 28306 NC 411 (910) 864-1920 FAX (910) 864-8774 NC #37714 R. W. SANDERS, VICE PRESIDENT USDA #3787 http://www.microbac.com E -Mail: rsanders@microbac.com 2/13/2004 CHEMISTRY MICROBIOLOGY - FOOD SAFETY • CONSUMER PRODUCTS WATER • AIR WASTES • FOOD • PHARMACEUTICALS • NUTRACEUTICALS CERTIFICATE OF ANALYSIS NC DENR - DWQ Mr. Paul Rawls 225 Green Street Suite #714 Fayetteville, NC 28301 Permit No. Sampler: R Canady Subject: Carroll's Farm 7684 SMP Test Method Result Date Reported: Date Received: Order Number: Invoice No-: Customer #: Sample Date: Sample Time: Date Time 2/20/2004 2/13/2004 0402-00332 33512 N003 2/13/2004 0:00 ;01# Source _AM30 AM-- Tech BOD 5 -day EPA 405.1 489 mg/L 2/13/2004 16:00 DCR COLIFORM, FECAL SM18 9222D 42000 /100 ml 2/13/2004 13:00 DCR NITROGEN, AMMONIA EPA 350.2 41.5 mg/L 2/19/2004 16:00 DCR -- BOD 5 -day EPA 405.1 40.6 mg/L 2/13/2004 16.00 DCR COLIFORM, FECAL SM IS 9222D 3400/100 ml 2/13/2004 13:00 DCR NITROGEN, AMMONIA EPA 350.2 30.3 mg/L 2/19/2004 16:00 DCR A03 tn Upsea n 10 45 AM = - _ BOD 5 -day EPA 405.1 10.9 mg/L 2/13/2004 16:00 DCR COLIFORM, FECAL SM18 9222D 200 /100 ml 2/13/2004 13:00 DCR NITROGEN, AMMONIA EPA 350.2 <0.140 mg/L 2/19/2004 16:00 DCR 1004 Down,Sttream_@ - 11:0 AM - T - _. - _�.:...J..-r..-..,.rte,..-.._.-_.'-'"'.'-.^_ BOD 5 -day EPA 405.1 4.72 mg/L 2/13/2004 16:00 DCR COLIFORM, FECAL SM18 9222D 5 /100 ml 2/13/2004 13:00 DCR NITROGEN, AMMONIA EPA 350.2 <0.140 mg/L 2/19/2004 16:00 DCR =L~ I i ; itj MAR — 11004 RESPECTFULLY SUBMITTED: ���%f['� MICR AC LABORATORIES, INC. DWQThe data and information on this, and other accompanying documents, represent only the sample(s) analyzed and is rendered upon condition MEMBER that it is not to be reporduced wholly or in part for adverrising or other purposes without approval from the laboratory. USDA -EPA -NIOSH Testing Food Sanitation Consulting Chemical and Mk mbkAogical Analyses and Researdi Fayetteville Divlslon 2592 Hope Mills Road ~ Fayetteville, NC 28308 (910) 864-19201884-8774 fax CHAIN OF CUSTODY RECORD PAGE -_J— OF....f� pp /� f r 6 r-ro 1 �S � '70 �' 0 O TYPE OF ANALYSIS PRESERVATION CODE f?d" !? X1'5 _ , e . -'q 1% -A CO w=— FLIi801� 0 CODE A <4•C ONLY B a l'�f= (j 4 ) + <46C J7cpt. ` tkf C H2SO4 wrq + <4'C f ( nxC � // �3 r 4 A a. D a N80H + �4•C B a ZN M.BfelE9 + r4*C 17re r T►ao oP sHPMeNr: e JL - F a So2m Thio LAS ID BAMPLE TYPE DATE TIME COMP ague PH as Taw so sO%P cc ,? 1.310 /a:3 o ✓ !� ry I . s oT]''`""` rZ o l of Al 'ya J i4PL op A C r Carrpmts or sped Hazards: Field pH: CLIENT: /V C- IX:I' `" K ADDRESS: CONTACT PERSON: Fayetteville Division 2592 Hope Mills Road, Fayetteville, NC 28306 (910) 864-19201 (910) 864-8774 fax DATE REC!D-(;)//3/0C/ SAMPLE DATE: 0 SAMPLED BY: DELIVERED BY: K : .UW REFERENCE: +2O s.S SAMPLE #1. 40IiLlr -e ` (Oa 'r) d 33D NON #2. 83. 5L7� T 94. C VORK AUTHORIZED BY: ANALYSIS #.1 SAMPLE 02- SAMPLE#3 SAMPLE #4BOD ?TECHIDATTESAMPLE rB Chlfxide Chlorine COD Cafiform, Fecal 100 ml l3 odo �dD CyanWqjmqfQ Nbate Nitrate + Wte Nitrite Nbxjen, Ammonia m 1. < Q.. NiLmo, Total 'eldahl m Oil & Grease m pH Phenol P , Total L Solids. WWS1 Total m Sulfide Turbid ntu ArsEmic Barium Cadmium Chromium Fluoride m Iron lead Me= ' Nickel Silver Sodium Zinc PAGE OF i 1OV8 rLL2�98M:M AIG hVS-OVdOUIW Wd 61:01 XOW �0-H-did WON I� 1 +h► ' 1idba M . ' l I I f i � • March 9, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Matt Mehlenbacher P.O. Box 1767 Larinburg, NC 28353 Subject: NOTICE OF VIOLATION Carroll's Farm 7684 Facility No. 78- 86 Robeson County Dear Mr. Mehlenbacher: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek. P. E. Director Division of Water Quality Coleen H. Sullins, Deputy 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 February 13, 2004, staff from the Fayetteville Regional Office of the Division of Water Quality responded to a call from your company regarding a waste spill that had occurred on Farm 7684 in Robeson County. The release occurred according to company personnel at around 2:00 pm on Thursday the 12`' of February. It was discovered after a cleaning of salt from the recirculation lines was performed. During the line check the flow and pressures were not sufficient going to the flush tanks and farm personnel started looking for the cause. They discovered wastewater perking on top of the ground outside one of the confinement houses. At the time of DWQ staff arriving on the following day repairs were underway to a recycle line that had ruptured and released wastewater for a period of time. The wastewater had traveled approximately 100 hundred yards away from the confinement house. The wastewater crossed under a farm road by exiting a drain tile and then meandered along the wood line until it followed the topography downgrade to the flat waters of a UT of Gum Swamp. The company responded by constructing dams at the drain tiles and a sump -basin area with shovels some fifteen feet out in the flat water from the waters edge. Farm Manager and OIC, Mark Hunt, described an area approximately sixty feet by twenty-five feet that was pink in color. They pumped this area with a 5hp pump for 1.5 to 2 hours on the evening of the 12th and again for an hour on the morning of the 13th. This area still had a pink tint to it at the time of inspection by DWQ Staff. Samples were taken aiong with photographs. V. A 0— E=�� N. C. Division of Water Quality 225 Green Street -Suite 714 Fayetteville. North Carolina 28301 (910) 486-1541 Fax (910) 486-0707 Customer Service 1-877-623-6748 Matt Mehlenbacher 03-09-04 Page 2 DWQ staff later asked Matt Mehlenbacher, Land & Nutrient Manager for Murphy -Brown for this farm about the extended time that elapsed from his first knowledge of the release and his notification to the FRO as required by the farm's Permit. He stated company protocol required him to assess the situation before he reported it to DWQ. Further he stated he called the FRO on February 12"' sometime after the Office had closed and was unaware of the Emergency Notification System in the Raleigh Office. Based on your statement of you not being aware of a 24 hour notification process we urge you to inquire of your company's EMS Program and incorporate such a program on your farms. Mr. Mehlenbacher did call the FRO shortly after 8:00am on the 13`h and report the release. He was strongly urged to call sooner. In this instance several hours of response time were lost in a situation where expertise in environmental response to such releases could prove critical. The objective of the industry and governmental agencies should be to protect our environmental resources by working together to lessen impacts from unpermitted releases of waste. The Division of Water Quality requests that the following items be addressed: 1. Provide a detailed description of events and results of any investigation into the spills cause or causes. 2. Provide figures of quantity of waste lost to include method of determination, total gallons released and amount recovered. 3. Detail any prevention, inspection, mechanical, or procedural changes implemented in order to prevent or lessen future occurrences of this nature. 4. Notification to the appropriate regional office should be "as soon as possible" and follow- up notification could be beneficial after you have performed further onsite assessment. We understand that your protocol may influence reporting but we ask for as immediate notification as possible. Lengthy intervals of this kind may be viewed in a negative manner. 5. Consider training farm personnel in situations which might result in an unpermitted release of waste such as but not limited to plugged or damaged lines. These responses could include blocking of potential waste exit routes as repairs are made to limit waste movement from the immediate area, thus preventing releases to " Waters of the State ". 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. iAw NCO 4R N. C. Division of Water Quality 225 Green Street -Suite 714 Fayetteville, North Carolina 28301 (410) 486-1541 Fax(910)486-0707 Customer Service 1-877-623-6748 Matt Mehlenbacher 03-09-04 Page 3 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 $25,000.00 per day per violation. Please provide this office with a written response on or before March 31 2004 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 Mr. Larry Baxley, Environmental Specialist, or myself at (910) 486-1541. Sincer C" f Paul E. Rawls Regional Water Quality Supervisor LCB: PR/lcb cc: Keith Larick - Compliance Group Trent Allen - DSWC Fayetteville Office Central Files - Raleigh Marl Pahl — Murphy Brown LLC N- C. Division of Water Quality 225 Green Street -Suite 714 Fayetteville. North Carolina 28301 (910) 486-1541 Fax(910)4S6-0707 VA NCDF-NR Customer Ser%ice 1-877-623-6748 Mr. Paul E. Rawls DENR-FRO MAR 3 1 2004 Regional Water Quality Supervisor DWQ Division of Water Quality This letter is in response to your request dated 3/9/2004 concerning an NOV for our farm 7684, facility number 78-86 m Robeson County. On February 12`h an underground recycle line was being desalted. As the system was started, a lack of flow and pressure was noted at the flush tanks. The line was traced back and an underground leak was discovered. Water was found perking up from underground. The recycle pump was immediately shut down. Farm staff notified their Production Manager and assigned OIC as directed in the company's Environmental Management System. Simultaneously, waste water was being slowed and captured with hand made berms and small holes. A backhoe was directed to respond as well to assist with the recovery. The OTC called the division's LNM Manager who was attending a meeting in Warsaw, NC that afternoon. The Land Manager arrived at the site at approximately 5:15 p.m. and saw that water had gotten into a beaver dam pond. The water reached the flat waters of a UT of Gum Swamp through an underground drain system to help with draining rain water off the farm site. Much of the water along the edge of this UT was recovered and pumped back to the lagoon. It was noted that DWQ needed to be informed but noted the time of day and the decision was made to contact DWQ the following morning. The LNM Manager called DWQ shortly after 8:00 a.m. on February 13th. All recovered water was pumped into the farm's lagoon and much of the water in the pond was pumped back also. Volume is difficult to determine but is believed to be well under a couple hundred gallons due to the time of events. The system was on a short period of time before being shut down and containment or slowing of water flow was immediate. The farm staff was not aware of the drain line and this is how water reached the point. The cause for the crack in the underground recycle line was not determinable but did not appear to be due to the cleaning. The crack was about three inches in length and parallel to the pipe. Larry Baxley informed the LNM manager that DWQ is able to receive calls and respond 24 hours a day. Notification needs to be ASAP and is duly noted. Also, farm staff has been asked to identify all underground drain access points. They have been instructed to immediately prevent water access to these points in the event of future occurrences. Sind, Matt Mehlenbacher Land and Nutrient Manager Murphy -Brown, LLC Laurinburg Division. To: Mr. Larry Baxley NCDENR Division of Water Quality 2/17/04 Incident Report Concerning Discharge At Murphy -Brown Laurinburg Farm 7684 2112/04 2:00 p.m. After spending the morning cleaning underground recycle lines of salt build-up, the recycle pump was started. One person remained outside the fence while another walked inside the fence to determine flow of recycle water to the flush tanks. An insufficient volume of water caused concern. Water was found to be perking up from the ground near the fence line along the farrowing barn. The recycle pump was immediately turned off. As water carne up from the ground, it began to cross the gravel road and fill the ditch between the road and fence. A berm area was constructed to contain the water crossing the road. The Murphy -Brown Emergency Action Plan was activated. LNM staff and the farm's Production Manager arrived on site by 3:00 p.m. with a backhoe and trash pump to contain and recover any spilled water. Some water entered into a drain tile buried into the ditch by the fence. At the bottom of this the is a beaver dam. Some wastewater was found along the edges of the pooled water of the beaver dam. The trash pump was used to recover all the wastewater from the dam area as well as in all ditches and sump areas. MB EMS Protocol requires immediate stop of any wastewater flow, containment and recovery of discharge. An assessment is to be made by the LNM Manager to determine severity and notification to state regulatory officials. The LNM Manager was in Warsaw, NC attending an annual EMS aspect review meeting. Notification was made to the LNM Manager at 3:00 p.m. The LNM Manager arrived on site at 5:45 p.m. After inspection of site and hearing descriptions from staff of circumstances and timing, it is believed that no more than a few hundred gallons was discharged. Of this amount, a small percentage reached the water around the beaver dams. All visible wastewater was recovered and pumped back into the lagoon. DWQ, Fayetteville region, was notified of incident shortly after 8:OOa.m. 2/13/04. DWQ inspected the site on the morning of 2/13/04. The cause of this discharge is due to an underground line splitting lengthwise after the recycle pump was started after the lines were cleaned of salt build-up. Repair to the broken line began 2/13/04. Matt Mehlenbacher Land & Nutrient Manager ®CI V R—FRO Murphy -Brown, LLC. Laurinburg Division FEB 2 3 2004 �0<4 Z 'Z---�_ - DWQ Q