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HomeMy WebLinkAbout820066_ENFORCEMENT_20171231NORTH CAROLINA Department of Environmental Qual or s NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Ronnie Howard 1622 Howard Rd Autryville, North Carolina 28318 Director November 16, 2009 Subject: NOTICE OF VIOLATION, NOV-2009-PC-0913 Administrative Code 15A NCAC 2T.1304 Howard Farms; Facility No. 382-66; Permit No. AWS820066 Sampson County Dear Mr. Howard: Dee Freeman Secretary On November 9, 2009, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS), inspected Howard Farms and the permitted waste disposal system. We wish to thank Mr. Ryan Phillips, who was present and assisted 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 conduct annual sludge surveys (Permit AWS 820066, Section 111.19) A review of your records showed that no sludge survey was done during calendar year 2008 for any of the three lagoons. Required Corrective Action for Violation 1: We are working to obtain a copy of your 2009 Sludge Survey. If this cannot be found, please have another Sludge Survey conducted before the end of this year and mail a copy of the new sludge survey to the Fayetteville Regional Office by December 21, 2009. AQUIFER PROTECTION SECTION 225 Green St„ Ste. 714 Fayetteviffe, North Carolina 28301 Phone: 910-433-33001 FAX: 910-486-07071 Customer Service. 1-877-623-6745 Internet: www.h20.enr.state.nc.us An Equal Opportunity L Affirmative Actior Empioyer one NorthCarolina Naturallrf Nor. Howard November 16, 2009 Page 2 Violation 2: Failure to calibrate the waste application equipment: (Permit No. AWS820066, Section II. 24 ) The permit requires that all waste application equipment must be tested and calibrated at least once every two years. According to your records, the reel was last calibrated on October 9, 2006. Required Corrective Action for Violation 2 : If not done already, please calibrate the system for flow and pattern width and mail a copy to the Fayetteville Regional Office by December 21, 2009. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. If you have any questions concerning this Notice, please contact Joan Schneier, Environmental Specialist or me at (910) 433-3300. Sincerely, Art Barnhardt Regional Aquifer Protection Supervisor cc: Keith Larick CAFO Unit RECENEDIDENWDWR VVMrQuaW Regional F ��� FEB 1 �••��� Fns Set�fon NCDEINR eglonal Oiiica North Carolina Department of Environment and Natural Resources Pat McCrory Governor January 27, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED Irvin Warren Irwin Warren Farm 1580 Howard Rd Autryville, NC28318-8318 Subject: Notice of Deficiency Irwin Warren Farm Permit Number: AWS820066 Sampson County Dear Permittee, Donald R. van der Vaart Secretary As of this date, our records indicate that the above -referenced permit issued to your facility has overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by the Division of Water Resources (Division). The following invoices are outstanding: Invoice Number Due Date Outstanding Fee ($) 2013PR010512 12/5/2013 180 Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to include the assessment of civil penalties. 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. 143-2I5.6A. Therefore, it is imperative that you submit the appropriate fee as requested within thirty (30) days of this Notice of Deficiency. Please remit the payment, made payable to the North Carolina Department of Environment and Natural Resources (NCDFNR), in the above amount. Please include Permit Number on your check and Snail this payment to: Division of Water Resources — Budget Office Attn: Teresa Revis 1617 Mail Service Center Raleigh, NC 276994617 Phone: (919) 807-6316 -contd.- 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Phone: 919-847-64641 Internet: hap:llwww.nowater.org An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper If you have any questions concerning this Notice, please contact the Animal Feeding Operations Branch staff at (919) 807-6464. Sincerely, a-i UJA . Debra J. Watts, Supervisor Animal Feeding Operations, and Ground Water Protection Branch cc: Fayetteville Regional Office, Water Quality Regional Operations Section WQROS Central File (Permit No AWS820066) oAr RONNIE G. HOWARD [�IUJAN !�� 2002January 4, 2002 Mr. Robert Heath Fayetteville Regional Office 225 Green Street -Suite 714 Fayetteville, NC 28301-5043 Dear Mr. Heath: The following statements are in conjunction with our phone conversation an December 10, 2001: 1. The saplings on the backslope of the lagoon have been removed and the grass seeded. 2. Waste samples are current. 3. The irrigation hydrant will comply with new CAWMP determinations. 4. Sampson County Soil and Water have my farm scheduled for re -determination. They requested an extension until they could get to it. I will keep your office informed of the progress of the wettable acres determination. Thank you for the opportunity to correct these issues. Sincerely, Ronnie G. Howard Howard Hog Farmer Permit NO: AWS 820066 Facility NO: 82-66 AN; NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor DIVISION OF WATER QUALITY November 5, 2001 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Ronnie Howard 1622 Howard Road Autryville, NC 28318 SUBJECT: NOTICE OF VIOLATION Permit No. AWS 820066 Howard Hog Farm Facility No. 82 - 66 Sampson County Dear Mr. Howard: 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 October 31, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality performed a routine inspection of the Howard Hog Farm located off Howard Road in Sampson County. During the inspection, it was observed that the facility had small saplings on the backslope ' of the lagoon that require removal, the capped off irrigation hydrant needs to be repaired or replaced, waste samples were not collected within 60 days of irrigation events, and the irrigation records were not maintained by pull acres . The Division of Water Quality requests that the following items be addressed: 1. Immediately remove the saplings on the backslope of the lagoon and establish a suitable cover grass. 2. Repair the irrigation hydrant to comply with the CAWMP. Fayetteville Regional Office 225 Green Street- Suite 714, Fayetteville, North Carolina 28301-5043 Phone: 910-486-15411FAX: 910-486-07071 Internet: www.enr.state.nc.usT_NR An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled t 10% Post Consumer Paper Mr. Howard Page 2 November 5, 2001 Collect waste samples within 60 days of waste application from all lagoons from which waste is pumped on to the fields. 4. Maintain irrigation records by pull acres. Have a wettable acres determination conducted and your CAWMP rewritten if necessary for establishing the acres in each pull. Your response should be received by this office on or before December 10, 2001. Failure to comply with the above conditions may result in the facility's General .Permit being revoked 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 $25,000.00 per day per violation. If you have any questions concerning this matter, please do not hesitate to contact either Mr. Robert Heath, Environmental Specialist or myself at (910) 486-1541. Sincerely, r Paul E. Rawls Regional Water Quality Supervisor cc: Sonya Avant - Compliance Group Wilson Spencer - Sampson Co. NRCS Trent Allen - DSWC Fayetteville Office Central Files - Raleigh Kraig Westerbeek - Murphy Farms