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820217_ENFORCEMENT_20171231
NORTH CAROLINA Department of Environmental Qual II Water Resources ENVIRONMENTAL QUALITY PAT MCCRORY Governor DONALD R. VAN DER VAART April 28, 2016 Ronnie W. Brewer 1801 Panhandle Road Faison NC 28341-5567 Subject: NOTICE OF DEFICIENCY Ronnie W. Brewer Permit # 82-0217 Sampson County Incident # 201600018 NOD -2016-PC-013 3 Dear Mr. Brewer: Secrerary S. JAY ZIMMERMAN I )irecror On February 16, 2016 staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS) were notified of a high freeboard level in the #1 lagoon. We wish to thank and Mr. Brewer for notifying DWR of this incident. As a result of this incident, 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. AWG 100000. On February 16, 2016 a lagoon/storage pond levels were documented at 17.0 inches. A level of 19.0 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan. Required Corrective Action for Deficiency 1: DWR has received a copy of your 30 -Day Plan of Action (POA) for the high freeboard occurrence. Take all necessary additional steps to insure lagoon levels remain in compliance with your Certified Animal Waste Management Plan and permit. If you have any questions concerning this Notice, please contact me at (910) 433-3326 State of North Carolina I Envirnnmeatal Quality I Water Resources 1611 Mail service Censer I Raleigh, North Carolina 27699-1611- 9197079000 7699-1611- 9197079000 Sincerely, Belinda S. Henson Regional Supervisor NCDEQ-Division of Water Resources Water Quality Regional Operations Section Fayetteville Regional Office cc. Sampson County Soil and Water Conservation District Prestage ♦. Ar*A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary AQUIFER PROTECTION SECTION July 13, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED Ronnie Brewer 1801 Panhandle Rd. Faison NC 28341-5567 Subject: NOTICE OF DEFICIENCY / NOD -2010-0853 Brewer Hog Farm 1-8 AWS820217 Sampson County Incident No. 201000556 Dear Mr_ Brewer: On February 6, 2010. staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS) were notified by Ronnie Brewer of a high freeboard level in the lagoon 1& 2. We wish to thank Mr. Brewer for notifying DWQ of this incident. As a result of this incident, 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_ AWG 100000. On February 6, 2010 a lagoon/storage pond level was documented at 18.50 inches in lagoon 1. Lagoon /storage pond level was documented at 17 inches in lagoon 2. A level of 19 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan. North Carolina Division of Water Quality Internet: www.ncwaterquality.org 225 Green St., Ste. 714 Phone: 910-433-3300 Fayetteville, NC 28301 FAX 910-486-0707 An Equal Opporlunity/Affirmative Action Empbyer- 50% Recycled/10% Post Consumer Paper NorthCarolina Naturally Mr. Brewer JuIv 13, 2010 Page 2 Required Corrective Action for Deficiency 1: DWQ has received a copy of your 30 Day Plan of Action (POA) for the high freeboard occurrence. Take all necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your permit_ A compliance inspection was done 07/12/2010 and all records were reviewed and the date and time lagoon was returned to compliance on 04/12/2010. If you have any questions concerning this notice, please contact me at 910-433-3300_ Sincerely. A�� � Steve Guyton Environmental Specialist Fayetteville Regional Office cc: Keith Larick, CAFO Unit Sampson Soil and Water Conservation District NCDSWC-FRO FRO Compliance Animal Files Prestage Farms X1/21•%2007 19:51 FAX 5C VET -ELECTIONS Im001 FAX TO RiciW Revels Division of Wager Ouelfty Phone Fax Phone 910 .#g2-21-7 Date Number of s indudirtg cover sheet FROM: Ronnie W. Brewer 1801 Panhandle Road Faison, NC 28341 Phone (910) 590-6229 Fax Phone (910) 533-3930 THIS FAX HAS BEEN SENT FROM THE SAMPSON COUNTY VETERANS SERVICE OFFICE. IF YOU DO NOT RECEIVE ALL OF THE PAGES NOTED ABOVE. PLEASE CALL US AT (910) 592-2862 OR FAX US AT (910) 590-2818. 11/21/2007 13:52 FAX SC VET -ELECTIONS IM 002 November 20, 2007 Ronnie W. Brewer 1801 Panhandle Road Faison, NC 28341-5567 Ricky Revels Division of Water Quality Aquifer Protection Section 225 Green Street, Suite 714 Fayetteville, NC 28301-5043 Re= Waste Spall Brewer Hog Farm 1-8 Facility No. 82-217 Dear Sirs, On Monday, November 19, 2007, the process for filling up the pit underneath House #5 at Brewer Hog Farm 1-8 (Facility No. 82- 217) was started at 5:30 p.m. The timer which controls the length of time that the pit is being filled malfunctioned and did not cut off at the correct time_ To compound the problem, the overflow pit for this house became stopped up and could not handle the overflow. The spill which subsequently resulted from these malfunctions probably began at approximately 1:00 a.m. on Tuesday, November 20, 2007 and was discovered five hours later at 6:00 a.m. Upon assessment of the situation, l began to build two dams within the ditch to stop the flow of water. After executing these corrective measures, Y then placed the initial calls to Prestage Farms and 11/21(2007 13:52 FAX. .. SC VET -ELECTIONS 11003 DWQ. I then began pumping the water that had collected at the first dam directly back into Lagoon #2 at Brewer Hog Farm 1-8 with a transfer pump and hose. Then when I had pumped all the water I could at the first dam, I moved the transfer pump and hose to the second dam and began pumping the water collected there directly back into Lagoon #2 at Brewer Hog Farm 1-8. As soon as possible, I will replace the malfunctioning tuner and clean out the overflow pit at House #5. I will do everything I can to recover as much of the spill water as possible. Once again I would like to say that I deeply, deeply regret that the equipment malfunctions that I have experienced over the last six months have caused these spills. I have strived since 1992 with the construction of my first hog houses to be the best steward of the land that I could possibly be. SOF W A rE90 O G r July 27, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Ronnie W. Brewer 1801 Panhandle Road Faison, NC 28341-5567 Subject: NOTICE OF VIOLATION (NOV-2007-PC-0493 Administrative Code 15A NCAC 2T.1300 Brewer Hog Farm 1-8 Facility No. 82-217 Sampson County Permit No. AWS820217 Dear Mr. Brewer, Michael F, F.aslry, Governor William G. Ross Jr., Secreta" North Carolina Department of Environment and Natural Resources Coleen Ii. Sullins. 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 2T .1300, you have been found to be in violation of your 2T .1300 Permit. Violation 1: Discharge of animal waste to ditch that leads to surface waters and/or wetlands as prohibited by your facility's permit (Permit No. AWS820217 Section 1.1) On 6/26/2007, you self-reported a sprinkler head failure on your application spray field, resulting in approximately 7- 8 thousand gallons running into a nearby ditch. It was determined by on-site visits of Mr. Ricky Revels of this Office that you contained and removed approximately 6 thousand gallons. All remaining liquid was determined to be unrecoverable in the dry ditch, which is an unnamed tributary of Gilmore Swamp Creek, Required Corrective Action for Violation 1: No further action is required at this time. Please take any necessary steps to ensure this violation does not reoccur. DWQ thanks you for your prompt response in containing much of the waste and pumping it back into your lagoon. DWQ samples taken on June 27,2007 from the nearest downstream water body indicate no adverse effects on water quality. See attached analysis 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 Joan Schneier, Ricky Revels, or myself at (910) 433-3300. NoneaCarolina turallJ North Carolina Division of Water QualitylAquifer Protection Section 225 Green SU Suite 714 Fayetteville, NC 28301 Phone (910) 433-3300 FAX (910) 486-0707 Internet: h2o.enr,state.nc.us Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled// 0% Post Consumer Paper w Mr. Ronnie W. Brewer 07/27/2007 Page 2 Sincerely, Stephen tBaart Regional tection Supervisor SBljslrr Enclosure (lab sheet) cc! APS Central Files FRO APS Files SWC, FRO Prestige Farms, Inc. inlixubac Laboratories, Inc. - FAYETTEVILLE DIVISION STATE CERT ID. 2592 HOPE MILLS ROAD FAYETTEVILLE, NC 28306 NC #11 (910) 864-1920 FAX (910) 864-8774 NC #37714 R. W. SANDERS, VICE PRESIDENT USDA 03787 http-//www.microbac.com E -Mail: rsanders@rnicrobac-com UHLIVIIJ t KY 1vlil. KLMIULw Y - rood JArr-i r • wiNz1vmr. c rnvuUk1i 1� WATER � AIR WASTES - FOOD • PHARMACEUTICALS • NUTRACEUTICALS EPA 405.1 10.3 mg/L CERTIFICATE OF ANALYSIS COLIFORM, FECAL NC DENW - DWQ (Aquifer Prot) Date Reported: 7/23/2007 Mr. B- Todd Date Received: 6/27/2007 225 Green Street, #714 Order Number. 0706-00574 Fayetteville, NC 28301 Invoice No.: 53102 EPA 354.1 Customer #: N022 NITROGEN, TOTAL KIELDAHL Sample Date: 6/27/2007 Permit No. Sample Time: 14:00 Sampler: Todd 6/29/2007 9.00 DGR Pond sample SNIP Test Method Result Date Time Tech 1' �"'_ »rd'='9, -- 1 : f- - 1 '� j - 'W t I P �, a:1'.. �' s_-�...•..�.: Y•{• fin; .r-rr•;[. , ,.r� �r�, _ i., �± - d�� [�i i.Fasli, 1 ,tin 4}-, 1 S ..�� �� �-.�[ • ;j_ — r.r. � ary:�m+{3' ? ;ry��l:; 'S•.'.... �!} � i �.. .. i.l �: :r;'w�r..� ,il' r:kSrl�' I�} I � i�='_Z.: i�:�'1�iI . I i.. �.- Yr[l.11:�ti '�e".I_•j ice? i1r.� :s:., ^.G i'- ,_�:�� �.� ,11f1[•�,�—[;. `�4� ? �Sr�}1?1M'�c :,I�I,.P„ '��x (-:I�;,[•� --� fvm:,d:[-_ "� 1'1� I:._...r_.�� It4i>'ll �`_•^ I�IIID� ndn. - HOD, 5 -day EPA 405.1 10.3 mg/L 6/28/2007 9:35 MA) COLIFORM, FECAL SM18 9222D 7 Cfu/100 ml 6/27/2007 16-45 GW] NITROGEN, AMMONIA EPA 350.2 <0.28 mg/L 6/28/2007 15.00 RAS NITROGEN, NITRATE EPA 353.3 <0.1 mg/L 6/2.712007 16.10 DCR NTrROGEN, WRITE EPA 354.1 <0.02 mg/L 6/27/2007 16:10 DCR NITROGEN, TOTAL KIELDAHL EPA 351.3 <0.14 mg/L 7/3/2007 12.30 RAS PHOSPHORUS, TOTAL EPA 365,2 1.11 mg/L 6/29/2007 9.00 DGR RESPECTFULLY SUBMITTED: MICROBAC LABORATORIES, INC. Thank you for your basinea2. We invite yourfeedback on our level of service to you. Please contact the Laboratory Director, Ran Sanders at 910-864-1920, Robert Morgan, coo, at rmorgan@microbac.cam or Trevor Boyce, CED, ai tboyce@microbac.com with any comments or suggestions. LAB CODES AlID = None Detected N!F = None Found < — LRss than > = GrozW than Fst. — Estimated The data and Other Infurmabon contained on this, and other accomgmnyk g d9cunwntS, rep[esast only the 5amv4[5) analyzed and K rendered upon We MEw�rBIER NC DENW - DWQ (Aquifer Prot) Mr. B. Todd 225 Green Street, #714 Fayetteville, NC 28301 Permit No. Sampler: Todd =ayettevi l l No, 8353 PqP. 1'1 inwro'bac Laboratories, Inc. FAYETTEVILLE DIVISION STATE CERT ID. 2592 HOPE MILLS ROAD FAYETTEVILLE, NC 28306 NC #11 (910) 864-1920 FAX (910) 864-8774 NC #37714 R. W, SANDERS, VICE PRESIDENT USDA 03787 http-//www.microbac.cotn E -Mail: xsanders@mirrobac.com CERTIFICATE OF ANALYSIS Date Reported: 723/2007 Date Received: 6/27/1007 Order Number: 0706-00574 Invoice No.: 53102 Customer #: N022 Sample Date: 6/27/2007 Sample Time: 14:00 ',n• sample - Farin #82-217 SMP Test Method Result Date Time Tech u•– '� ;.:;r? �4,Y �,.��i:i 'y :i� ,: ^"'—,-_.f,1 .".'_._�c.q,���: — i. -c_ _ —amu,.. �7;=- J�� TMi� —f:a:•. =nn.1 �" 3.�5"ris_.�L...� 'ii;�_P'i,,....,..,._ i i s I•••:� K _a I f I '�.: I,II lg. ti..L.� c _ :.�j I..7,11.. _` 4 �� BOD, 5 -day EPA 405.1 10.3 mg/L 6/28/2007 9:35 MA) COLIFORM, FECAL SM 18 9222D 7 du/100 ml 6/27/2007 16:45 GW] NITROGEN, AMMONIA EPA 350.2 <0.28 mg/L 6/28/2007 15:00 RAS NITROGEN, NITRATE EPA 353.3 <0.1 mg/L 6/27/2007 16.10 DCR NITROGEN, NITRITE EPA 354.1 <0.02 mg/L 6/27/2007 16:10 DCR NITROGEN, TOTAL KIELDAHL EPA 351.3 [0.14 mg/L 7/3/2007 12:30 RAS PHOSPHORUS, TOTAL EPA 365.2 1.11 mg/L 6/29/2007 9100 DCR RESPECTFULLY SUBMITTED: MICRO13AC LABORATORIES, INC Thank you fpr your business We to vile you rfeedbock on our level of servrce to you. Please Contact the Laboratory Director, Ran Sanders at 910-864.1920 , Robert Morgan, COQ, at rmorgan@mtcrobac. cam or Trevor Boyce, CEO, at thoyce a@mrcrobaccotrt with any comments or suggestions. ov- aoo-�—PC--0I q3 1 nC-4-1) oo? 0a) 093 LAB CODES: NID --,Ione Detected N/F = None Fowtd < — less than > = Greater than last. — Fstimaed The dao m+ and other infoetiw mnmtrred as this, and other acmmonykV d=i=nts represent" the samd'indererJ i . '. RIMS �1Gi�� �DA7Oa0�3 June 26,2007 Ronnie W. Brewer 1801 Panhandle Road Faison, NC 28341-5567 Ricky Revels Division of Water Quality Aquifer Protection Section --. 225 Green Street, Suite 714 Fayetteville, NC 28301-5043 Re: Waste Spill Brewer Hog Farm 1-8 Facility No. 82-217 Dear Sirs, On Tuesday, June 26, 2007, I set my traveler up on Riser #6 at Brewer Hog Farm 1-8 (Facility No. 82-217). 1 started the pump up at 11:00 a.m. At 11:20 a.m. I checked on the traveler and everything was working well. Upon checking on the traveler at 12:20 p.m.. I discovered that the head on Riser 44 had blown off and waste had escaped into the ditch nearby. Unfortunately the safety pressure switch on my pump malfunctioned and did not cut off the pump when the water pressure dropped. Upon assessment of the situation, the initial calls were made to Prestage Farms and DWQ. I then began to build two dams within the ditch to stop the flow of water. I then started a transfer pump to pump the water into mobile storage tanks so that I could put the water back into Lagoon #2 at Brewer Hog Farm 1-8. I also set up a sump pump in the ditch and started spraying out the water on a nearby pasture with a water hose. As soon as possible, I plan to repair the 94 Riser head, replace the malfunctioning safety pressure switch on the pump, and have all the safety switches on the pump rechecked. i would not have had this spill to occur for anything. I have been growing hogs at Brewer Hog Farm 1-8 since 1992 and have done the very best that I could to be a good steward; however, sometimes things can happen that are beyond your control. Sincerely, RonnArai) Q i0 S50 -4')a? tw C. Bfewt' ('PIj qfP 'g$SS Ronnie W. Brewer 9'0'�dar�'►J'��'%�1°� Clio --718-aogp Ode -I cs _ Sayyss he- Vmp L barb ru Gcr I lov - 3 l� wRb a loaoyurl,,-faAks ead) i • ,�' i �+r°l�i�'f,�'';",Pr:rl'k�� '� 1 :. ,4'«. .. ;J`..�� fir,. ' w �� '•, „'�:•� � � � 't !F ¢� • �'tT y •'� - k� 1 I �� 'Y - •J. 1 1II�� ,y ,.1iy 1i �yy� - 4�5�' FSM! � '�, nY• i'+y� ,. r. to., - �. ,, � r"' .1� �, � � a r� _ wti ip �' +. i`ti ii. € � ~J14'�' ` .y �� r•'�f € �r°_R 'j � r � r 1"� � ,j�,�,�, is � �,,,, �. � ..�•�.'�, � '' �::�r e� w ,, "�•,, � i' � d Pro Fayetteville Division 2592 Hope Mills Road Fayetteville, NC 28305 (910) 864-19201864-8774 fax �, G a oo�oao S3 CHAIN OF CUSTODY RECORD PAGE j OF I CLIENT NAME s ADDRESS: f I o r^J P rS PON PROJECT 1 LOCATION: f ►2 m - $ 2—d1 N J m u, TYPE OF ANALYSIS PRESERVATION (CODE) Comments or Special Hazards: � �e �7 �:��P� 2 rP '% Temp: Relinquished by: Date Time CDDi=t"}:KU<.VCIONLY' •'�fg.�` p _p 11 'R B e1' g. —,+ i4'C -c l C O'HZSO4�(Ip w) t4 , t ' ` D nu'. -0C F Sodium Ttilc: ' CONTACT PERSON: PHONE: SAMPLER: DATE t METHOD OF SHIPMENT: LAB ID # Sample Type Start Date Start Time Sample Date Sample Time COMP ORAE( pN D.O. TEMP'C RES. CHLORINE 6 FLOW: Relinquished by: Date Time Received by: Date Time 7 8 Relinquished by: Dale Time Reuel by,. Date time Comments or Special Hazards: �e �7 �:��P� 2 rP '% Temp: Relinquished by: Date Time Recshrod y: Data Time 3 4 pH: Relinquished by: Date Time Received by: Date nme s 6 FLOW: Relinquished by: Date Time Received by: Date Time 7 8 Additional Sample Comments: ` �0�0 AJDD©D 71 ILL, IVA 7 ��� O5.