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310519_ENFORCEMENT_20171231
NORTH CAROLINA Department of Environmental Qual I t( ))' (:( )( )111:1{ ,1YTOliNHY (;I?N1:1CA] . Steve and Gayle English P.O. Box 67 Teachey, North Carolina 28464 Stale (A North Carolina Dclml,1111cnl (.)1"J11sliCe 1'.U.JUNG:219 IZALEIC}]-I -a 760"_'-062 J June 7, 2004 REPLY TO: Francis W. Crawley Environmental Division (919)716-6600 (919) 716-6767 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: Assessment of Civil Penalties Against, Steve and Gayle English, DV 2003-0030 Dear Mr. and Mrs. English: You will find enclosed the Final Agency Decision of the Environmental Management Commission assessing civil penalties and investigative costs as set forth in the decision document. Accordingly, you must submit payment of the civil penalty assessment and investigative costs to the Department of Environment and Natural Resources within 30 days of receipt of this final agency decision by mailing a bank or certified check. The check should be made payable to the Department of Environment and Natural Resources and the mailing envelope addressed as follows: Mr. Bob Sledge Water Quality Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you fail to pay the penalty within 30 days of receipt of the final decision document, the Department will seek to collect the amount due through a civil action commenced in Superior Court. Very truly yours, rancis W. Crawley Special Deputy Attorney General Commission Counsel FWC/dk Enclosure cc: Rick Shiver Pamela Whitley STATE OF NORTH CAROLINA BEFORE THE REMISSION COMMITTEE OF THE COUNTY OF DUPLIN ENVIRONMENTAL MANAGEMENT COMMISSION DV 2003-0030 IN THE MATTER OF: ) ) Assessment of Civil Penalties ) FINAL DECISION Against STEVE AND GAYLE ENGLISH THIS MATTER came before the Committee on Civil Penalty Remissions of the Environmental Management Commission, pursuant to N.C.G.S. § 143-215.6A and § 143B-282.1, on 13 May 2004 upon recommendation of the Director of the Division of Water Quality for entry of a final decision on the assessment of civil penalties and investigation costs against Steve and Gayle English in the amount of $6,836.70 ($6,500.00 plus $336.70 investigative costs). Steve and Gayle English did not request oral argument; therefore, their request for remission was presented to the Committee on Civil Penalty Remissions based on their written submissions and those of the Division of Water Quality. Having considered the record and the factors set forth in N.C.G.S. § 143B-282.1(b) and (c), the Committee on Civil Penalty Remissions finds the facts contained in the Director's Findings and Decision and Assessment of Civil Penalties as stipulated by Steve and Gayle English, that the Findings of Fact support the Conclusions of Law, and that the Director properly applied the criteria set forth in N.C.G.S. §14313-282.1 in determining the amount of the civil penalties. The Committee further finds that there are no grounds shown for remission or reduction of the penalties assessed by the Director for (1) discharging animal waste into an unnamed tributary of Island Creek, .in violation of N.C.G.S. § 143-215.1; (2) causing ponding -2- and runoff of animal waste in violation of Condition II. 4 of Swine Waste General Permit AWG100000; (3) failing to maintain lagoon liquid level to provide adequate storage to contain the 25-year, 24-hour storm event plus an additional one foot of structural freeboard, in violation of Condition V. 3 of Swine Waste General Permit AWC110Q000; and (4) failing to report by telephone to the Regional Office within 24 hours following first knowledge of the occurrence of the failure to maintain the storage capacity of the lagoon greater than or equal to that required in the Permit, in violation of Condition III. 6 of Swine Waste General Permit AWG100000. Upon duly made motion and vote, the Committee finds that the assessment of civil penalties and costs in the amount of $6,836.70 ($6,500.00 plus $336.70 investigative costs) should be upheld. THEREFORE, IT IS ORDERED: 1. That the assessment of civil penalties and costs in the amount of $6,836.70 against Steve and Gayle English is AFFIRMED. 2. That this Final Decision and Order be served upon Steve and Gayle English, and upon receipt hereof the amount of $6,836.70 be paid to the Department of Environment and Natural Resources within thirty days. This the day of May, 2004. David . Moreau, Chairman Environmental Management Commission -3- CERTIFICATE OF SERVICE This is to certify that I have this day served a copy of the foregoing FINAL DECISION on the parties listed below by the methods indicated: Steve and Gayle English P.O. Box 67 Teachey, N.C. 28464 Rick Shiver Regional Supervisor Wilmington Regional Office Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 CERTIFIED MAIL RETURN RECEIPT COURIER MAIL This the—j— day of , 2004. ROY COOPER Attorney General rancis W. CrawIey Special Deputy Attorney General N.C. Department of Justice P. O. Box 629 Raleigh, N.C. 27602-0629 919/716-6600 i CEIVED OF WArFR + Michael F. Easley, Governor ,O� pG� d A N��¢ William G. Ross Jr., Secretary [ Department of Environment and Natural Resources —i �Y' 0 -r Alan W. Klimek, P.E., Director Division of Water Quality January 5, 2004 CERTIFIED MAII. RETURN RECEIPT REQUESTED Steve & Gayle English P.O. Box 67 Teachey, NC 28464 Subject: Remission Request of Civil Penalty Assessment Farm # 31-519 Duplin County Case Number DV-03-030 Dear Mr. English: I have considered the information submitted in support of your request for remission in accordance with North Carolina General Statute (N.C.G.S.) § 143-215.6A(f) and have found no grounds to modify the civil penalty assessment in the amount of $6836.70. If you choose to pay the penalty, send payment to me at the letterhead address within thirty (30) days of receipt of this letter. Please make your check payable to the Department of Environment and Natural Resources (DENR). If payment is not received within thirty (30) days of receipt of this letter, in accordance with N.C.G.S. § 143-215.6A(f), your request for remission of the civil penalty (with supporting documents) and my recommendation to deny the request (with supporting documentation) will be delivered to the North Carolina Environmental Management Commission's (EMC) Committee On Civil. Penalty Remissions (Committee) for final agency decision. If you desire to make an oral presentation to the Committee on why your request for remission meets one or more of the five statutory factors you were asked to address, you must complete and return the attached form within thirty (30) days of receipt of this letter. Please mail the completed form to the attention of Daryl Merritt at the following address: AA EN Customer Service 1 800 623-7748 Non -Discharge Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Fax: (919) 733-9612 Mr. Steve & Gayle English Page 2 Your request for an oral presentation and the documents in this matter will be reviewed by the EMC Chairman and, if it is determined that there is a compelling reason to require an oral presentation from you, you will be notified by certified mail of the date, time, and place that your oral presentation can be made. Otherwise, the final decision on your request for remission will be made.by the Committee based on the written record. Thank you for your cooperation in this matter. If you have any questions about this letter, please contact Daryl Merritt at (919) 733-5083, extension 581. Sincerely, ALV— 9101-� Alan W. Klimek, P.E. F't'AV:rtf:i �1 attachment cc. Wilmington Regional Office Enforcement file Central Files STATE OF NORTH CAROLINA County of Duplin IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST: Steve and Gayle English ENVIRONMENTAL MANAGEMENT COMMISSION DWQ Case Number DV-03-030 REQUEST FOR ORAL PRESENTATION I hereby request to make an oral presentation before the Environmental Management m Comission's Committee On Civil Penalty Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements: • This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied. • Making a presentation will require the presence of myself or my representative during a Committee meeting held in Raleigh, North Carolina. • My presentation will be limited to discussion of issues and information submitted in my original remission request, and because no factual issues are in dispute, my presentation will be limited to five minutes in length. This the day of , 20 SIGNATURE TITLE (President, Owner, etc.) ADDRESS TELEPHONE August 11, 2003 Mr. Rick Shiver 127 Cardinal Drive Extension Wilmington, NC 28405-2845 -1, Re: File # DV03-030 Dear Mr. Shiver, Regarding the fine assessed to our farm per your letter dated 7-14-03, we would like to take the following action: We are submitting this written request for remission based on the following: The violation was inadvertent, and we promptly ceased pumping to insure no further environmental damage. The service man for the company we grow hogs for was writing weekly reports pressuring us to pump. The rain events during this period in addition to the configuration of our fields made it impossible for ponding not to occur. We concluded that it was better to stop pumping than continue and risk ponding and run-off. We have never received a notice of violation or fine since we began operating this farm. We take all precautions possible in applying waste to this land. Our home is less than 200 yards from this farm. We have no intention of harming our family or our neighbors by irresponsible practices. Please consider these facts as this process continues. Thank you. Steve and Gayle English P.O. Box 67 Teachey, North Carolina 28464 Cc: Mr. Daryl Merritt STATE OF NORTH CAROLINA COUNTY OF Duylin IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST PERMIT NO. AWS310519 ENVIRONMENTAL MANAGEMENT COMMISSION WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. DV 03-030 Having been assessed civil penalties totaling _ $ 6836.70 _ for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated, 7/14/2003 , 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 // r� day of , 20,0 �. ei� '4'a SIGNATU ADDRESS TELEPHONE (7/0- 2,P5— 3 72 3 A0 WArE9QG r Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources 0 Alan W. Klimek, P.E. Director Division of Water Quality 7/ 14/2003 Steve & Gayle English P.O. Box 67 Teachey, NC 28464 SUBJECT: Assessment of Civil Penalties for violation of General Statute 143-215.1 Farm # 31-519 Duplin County File No. DV 03-030 Dear Mr.& Mrs. English: CERTIFIED MAIL RETURN RECEIPT REQUESTED This letter transmits notice of a civil penalty assessed against E & B Farms in the amount of $6836.70 which includes $336.70 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following three items: 1. Submit payment of the penalty: Payment should be made to the order of the Department of Environment and Natural Resources. Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Do not include the attached waiver fom-i-if making payment. Please send payment to the attention of: Mr. Daryl Merritt DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617,w NCDEMR Customer Service: Mailing Address: Telephone (919) 733-5083 Location: 1.877-623.6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699.1617 An Equal Opportunity/Affirmative Action Employer 50%recycled / 10% post-consumsrpaper http://h2o. enr, state.nc. us Ko 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 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 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. 1 (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. - Mr. Daryl Merritt DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 and Rick Shiver 127 Cardinal Drive Extension Wilmington, NC 28405-2845 Ko 3. Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment, 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 NCDENR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 and Mr. Daryl Merritt DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Failure to exercise one of the options above within thirty 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 Ievied for future violations which occur after the review period of this assessment. If you have any questions, please contact Mr. Daryl Merritt at (919) 733-5083, ext. 581. Sincerely, effrey O. Poupart, Supervisor Non -Discharge Compliance and Enforcement Unit Division of Water Quality JOP/ddm ATTACHMENTS cc: Rick Shiver, Wilmingtron Regional Supervisor w/ attachments Stonewall Mathis. WIRO w/ attachments File # DV 03-030 w/ attachments Central Files w/ attachments Public Information Officer w/ attachments STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF DUPLIN FILE NO. DV 03-030 IN THE MATTER OF ) STEVE & GAYLE ENGLISH ) FINDINGS AND DECISION FOR MAKING AN OUTLET TO THE ) AND ASSESSMENT OF WATERS OF THE STATE OF ) CIVIL PENALTIES NORTH CAROLINA ) WITHOUT A PERMIT ) 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, Jeffrey O. Poupart, Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Steve & Gayle English own and operate the E & B Farm # 4, a swine animal operation along State Road 1162 in Duplin County. B. Steve & Gayle English were issued Certificate of Coverage AWS310519 under Swine Waste General Permit AWG100000 issued pursuant to North Carolina General Statute 143-215.1 January 26, 2001, effective on January 26, 2001, with an expiration date of April 30, 2003 for the operation of an animal waste collection, treatment, storage and application system. C. Condition II. 4 of the Permit states "Land application rates shall be in accordance with the CAWMP. Ip no case shall land application rates exceed the Plant Available Nitrogen rate for the receiving crop or result in runoff during any given application." D. Condition V. 3 of the Permit states in part "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 1 foot of structural freeboard." E. Condition III. 6 of the Permit states in part "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 the failure to maintain storage capacity in a lagoon/storage greater than or equal to that required in Condition V (3) of this General Permit." F. On March 25, 2003, a citizen flyover revealed ponding of animal waste at the E & B Farm # 4. On March 28, 2003, Division staff performed an investigation and observed ponded animal waste and that animal waste runoff from an application field of the E & B Farm # 4 had discharged into an unnamed tributary of Island Creek. Island Creek is class C Sw waters of the State within the Cape Fear River basin. During the March 28, 2003 inspection, Mr. English told staff that the lagoon level had been such that there was sixteen inches of freeboard within the past couple of weeks. The Regional office was not notified by telephone within 24 hours following first knowledge of the lagoon storage violation. G. Steve & Gayle English had no valid permit for the above described activities. H. The cost to the State of the enforcement procedures in this matter totaled $336.70. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Steve & Gayle English 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. Steve & Gayle English violated Condition H. 4 of Swine Waste General Permit AWG 100000 by causing ponding and runoff of animal waste. D. The unnamed tributary to Island Creek and Island Creek are waters of the State within the meaning of G.S. I43-215.1(a)(1) pursuant to G.S. 143-212(6). E. The above -cited discharge constitutes making an outlet into waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143- 215.1. F. Steve & GayIe English violated Condition V. 3 of the General Permit by failing to maintain adequate storage in the lagoon to contain the 25-year, 24-hour storm event plus an additional 1 foot of structural freeboard. G. Steve & Gayle English violated Condition III. 6 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 the failure to maintain storage capacity in the lagoon greater than or equal to that required in Condition V. 3 of the General Permit. H. Steve & Gayle English may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2) that 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 is required but fails to apply for or to secure a permit required by G.S. 143- 215.1, or who violates or fails to act in accordance with the terms, conditions, or requirements of such permit. I. The State's enforcement costs in this matter may be assessed against Steve & Gayle English pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.I(b)(8). The 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: III. DECISION: Accordingly Steve & Gayle English are hereby assessed a civil penalty of: $ _ %000 for / of one violation of G.S. 143-215.1 for discharging animal waste into the waters of the State without a permit. $ , DOCK for / of one violation of Condition H. 4 of Swine Waste General Permit AWG100000 by causing ponding and runoff of animal waste. $ S 0 a.__ .__ • for / of one violation of Condition V. 3 of Swine Waste General Permit AWG100000 for failing to maintain, the lagoon liquid level such as to provide adequate storage to contain the 25-year, 24-hour storm event plus an additional one foot of structural freeboard. Ob O for J_ of one violation of Condition III. 6 of Swine Waste General Permit AWG100000 for failing to report by telephone to the Regional Office within 24 hours following first knowledge of the occurrence of the failure to maintain storage capacity in the Iagoon greater than or equal to that required in Condition V. 3 of the Permit. $ 336.70 Enforcement costs $ � , &34• � TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S.143B-282.1(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; (8) The cost to the State of the enforcement procedures. .y (Date) J ey O. Voupart, Supervisor Non -Discharge Compliance and Enforcement Unit Division of Water Quality STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF Duplin. IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL, PENALTIES AGAINST } ADMINISTRATIVE HEARING AND PERMIT NO. AWS310519 ) STIPULATION OF FACTS FILE NO. DV 03-030 Having been assessed civil penalties totaling $ 6836.70 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated, 7/14/2003 , 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 FSVOTNIJ'"v TELEPHONE SIGNATURE ,20 O�OF W A7zr. QG Michael F. Easley, Governor y William G. Ross Jr., Secretary C North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality MEMORANDUM TO: Steve Lewis, Environmental Specialist III Non -Discharge Compliance/Enforcement Unit FROM: Stonewall Mathis, Environmental Engineer I Wilmington Regional Office THROUGH: Rick Shiver, Water Quality Regional Supervisor Wilmington Regional Office SUBJECT: Enforcement Report Steve & Gayle English E&BFarm #4 Facility Number: 31-519 Duplin County DATE: June 16, 2003 Attached please find the subject enforcement report that concludes that Steve & Gayle English: 1) Violated North Carolina General Statute 143-215.1 by discharging animal waste into the waters of the State without a permit. 2) Violated Condition 1I.4 of Swine Waste General Permit AWG100000 by causing ponding and runoff of animal waste. 3) Violated Condition V. 3 of the Permit by failing to maintain the required lagoon liquid level. 4) Violated Condition III.6 of the Permit by failing to report by telephone to the Regional Office the lagoon liquid level violation as required. On March 25, 2003, a citizen flyover revealed violations at the referenced facility. On March 28, 2003, Division staff performed an investigation and observed ponded animal waste and that animal waste runoff from an application field of the facility had discharged into an unnamed tributary of Island Creek. Island Creek is class C Sw waters of the State within the Cape Fear River basin. During the March 28, 2003 inspection, Mr. English told staff that the lagoon level had been such that there w as sixteen i nches o f freeboard w ithin t he past couple of weeks. T he Regional office was not notified by telephone within 24 hours following first knowledge of the lagoon storage violation. It is recommended that appropriate civil penalties be assessed in accordance with North Carolina General Statute 143-215.6A(a)(2). It is also recommended that all of the enforcement costs incurred in the investigation be recovered in the amount of $336.70 pursuant to North Carolina General Statute 143- 215.3(a)(9). VIM N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer Service .�.�.M Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-7748 i c-b-100- Memorandum to Steve Lewis Steve & GayIe English Enforcement Report E & B Farm # 4, Facility # 31-519 June 16, 2003 If you have any questions, please contact me at 910-395-3900. ATTACHMENTS cc: Wilmington egiona cep( -Entire Package) S:\WQS\ANIMALS\DUPLM003\31-519enf\31-519merrio DIVISION OF WATER QUALITY ANIMAL OPERATIONS ENFORCEMENT CASE REPORT Violator: Steve & Gayle English Contact Person: Steve English Address: P.O. Box 67, Teachey, NC 28464 Facility Name: E & B Farm # 4 Facility #: 31-519 Receiving Stream and Classification: Unnamed tributary to Island Creek, C Sw, Cape Fear River Basin Regional Office: Wilmington Inspector / Report Prepared By: Stonewall Mathis Registered Agent: (if applicable) Address: (if applicable) Case Narrative: On March 25, 2003, a citizen flyover revealed violations at the referenced facility. On March 28, 2003, Division staff performed an investigation and observed ponded animal waste and that animal waste runoff from an application field of the facility had discharged into an unnamed tributary of Island Creek. Island Creek is class C Sw waters of the State within the Cape Fear River basin. During the March 28, 2003 inspection, Mr. English told staff that the lagoon level had been such that there was sixteen inches of freeboard within the past couple of weeks. The Regional office was not notified by telephone within 24 hours following first knowledge of the lagoon storage violation. Farm and/or Company Compliance History. Include a co of CAFO Designation letters previous NOVs, NOD's, previous civil assessments, etc. NOD for self reported high freeboard in January 2000 under a previous owner. Owner also applied waste at another facility, E & B Farm # 1-3, Facility # 31-122, in late March 2003 in such a manner as to cause a discharge to waters of the State. NOV dated May 7, 2003 was sent for this discharge. Amount of Waste,Dischar2e (if applicable). If amount cannot be estimated, what is the rate of flow reaching surface water. The waste discharge to surface waters is estimated at 800 gallons. Sample Results If applicable) with locations of samples taken noted in relation to discharge point: Sample point "SE -Field" is a sample of the ponded waste in the application field near the point of discharge from the field into the unnamed tributary (UT) to Island Creek. Sample point "SE - Up" is in the unnamed tributary (UT) to Island Creek upstream of the point that animal waste runoff from the application field discharged into the UT. Sample point "SE-PL" is in the unnamed tributary (UT) to Island Creek near the point that animal waste runoff from the application field discharged into the UT. Sample Point SE -Field SE -Up SE-PL Fecal Coliform, 13,514 220 10,811 colonies1100mL Violator's decree of cooperation (includine efforts to prevent or restore) recalcitrance: Mr. English failed to ensure proper waste application and this failure resulted in ponding of animal waste, runoff of animal waste, and discharge of animal waste into waters of the State. In Mr. English's response, he says that a cleanup was performed. Mr. English failed to notify the Division as required by the permit of the freeboard violation. Fish kill observed? YIN If yes, include report from WRC: A few dead fish and tadpoles were observed in the location of the discharge. Mitigating Circumstances: There are no mitigating circumstances. Recommendation: The Wilmington Regional Office is recommending assessment of civil penalties to the Director of the Division of Water Quality pursuant to G.S. 143-215.6A. Include a copy of the previously completed Animal Operations Inspection Form, pictures and site sketch of waste flow if waste is discharged to surface waters. Also include violator's response to Notice of Recommendation for Enforcement. If citing certified plan or permit condition violations, include copies ofpermit orplan. Assessment Factors required to be considered by G.S. 143B-282.1(b): 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: The animal waste discharge caused elevated fecal coliform levels in the -receiving waters. These pollutants are harmful to the ecology and use of the waters. A few dead fish and tadpoles were observed at the location of the discharge. 2. The duration and gravity of the violation: The duration of the runoff of waste into the waters of the State is thought to have occurred for a period of about 2 hours and 40 minutes; this is 5 gaIlons/minute for 160 minutes. The gravity of the violation is that a total of 800 gallons is thought to have discharged to surface waters. It seems that the discharge caused the death of a few fish and tadpoles. 3. The effect on ground or surface water quantity or quality or on air quality: The effect on surface water quality is documented in the provided sample results above and by the fact that a few dead fish and tadpoles were observed in the location of the discharge. The effect on ground water and air quality is thought to be minimal. 4. The cost of rectifying the damage: The damage that was done by the animal waste to the waters of the State cannot be rectified. Mr. English says in his response that a cleanup was performed; the cost of this activity is thought to be minimal. 5. The amount of money saved by noncompliance: The lagoon liquid level had been such that there was 16 inches of freeboard. The integrator requires 24 inches of freeboard in order for hogs to be restocked at a facility. By applying waste such that ponding, runoff, and discharge occurred, the lagoon level was lowered to a level such that there was 29 inches of freeboard on the day of the investigation. It seems that a substantial amount of money may have been saved by noncompliance by lowering the lagoon level to a point such that the integrator's criteria for restocking animals was satisfied instead of remaining depopulated for a longer period while lowering the lagoon level in a responsible manner. 6. Whether the violation was committed willfully or intentionally: The writer believes that the ponding and discharge violations were committed willfully. The lagoon liquid level had recently been such that there was 16 inches of freeboard prior to the application event that occurred on March 25, 2003. The lagoon had 29 inches of freeboard on March 28, 2003 during the investigation. The integrator requires 24 inches of freeboard in order for hogs to be restocked at a facility. Considering the discharge that occurred, it seems that the operator was applying waste under conditions that resulted in a discharge in order to satisfy the integrator's criteria for restocking animals at the facility. 7. The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority: Please see the comments above under Farm and/or Company Compliance History. 8. The cost to the State of the enforcement procedures: The State's enforcement costs totaled $336.70, as follows: Staff, Mathis, 5 hours @ $23.28/hour $ 116.40 Pictures 15 @ $0.16 each $ 2.40 Mileage, 3/28/03 90 @ $0.31/mile $ 27.90 Samples, Fecal Coliform 3 @ $30/each $ 90.00 Administrative Costs' $ 100.00 Total $ 336.70 S:\WQS\ANIMALS\DUPLIN\2003\31-519enf\31-519enfreport STATE OF NORTH CAROLINA NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF DUPL]N FILE NO. DV IN THE MATTER OF } STEVE & GAYLE ENGLISH ) FINDINGS AND DECISION FOR VIOLATION OF NORTH CAROLINA ) AND ASSESSMENT OF GENERAL STATUTE 143-215.1 FOR ) CIVIL PENALTIES MAKING AN OUTLET INTO WATERS ) OF THE STATE } 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 Unit of the Water Quality Section of the Division of Water Quality, make the following: I. FINDINGS OF FACT: A. Steve & Gayle English own and operate the E & B Farm # 4, a swine animal operation along State Road 1162 in Duplin County. B. Steve & Gayle English were issued Certificate of Coverage AWS310519 under Swine Waste General Permit AWG100000 issued pursuant to North Carolina General Statute 143-215.1 January 26, 2001, effective on January 26, 2001, with an expiration date of April 30, 2003 for the operation of an animal waste collection, treatment, storage and application system. C. Condition II. 4 of the Permit states "Land application rates shall be in accordance with the CAWMP. In no case shall land application rates exceed the Plant Available Nitrogen rate for the receiving crop or result in runoff during any given application." D. Condition V. 3 of the Permit states in part "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 1 foot of structural freeboard." E. Condition III. 6 of the Permit states in part "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 the failure to maintain storage capacity in a lagoon/storage greater than or equal to that required in Condition V (3) of this General Permit." F. On March 25, 2003, a citizen flyover revealed ponding of animal waste at the E & B Farm # 4. On March 28, 2003, Division staff performed an investigation and observed ponded animal waste and that animal waste runoff from an application field of the E & B Farm # 4 had discharged into an unnamed tributary of Island Creek. Island Creek is class C Sw waters of the State within the Cape Fear River basin. During the March 28, 2003 inspection, Mr. English told staff that the lagoon level had been such that there was sixteen inches of freeboard within the past couple of weeks. The Regional office was not notified by telephone within 24 hours following first knowledge of the lagoon storage violation. G. Steve & Gayle English had no valid permit for the above described activities. H. The cost to the State of the enforcement procedures in this matter totaled $336.70. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Steve & Gayle English 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. 143-215.1. C. Steve & Gayle English violated Condition II. 4 of Swine Waste General Permit AWG100000 by causing ponding and runoff of animal waste. D. The unnamed tributary to Island Creek and Island Creek are waters of the State within the meaning of G.S. 143-215.1(a)(1) pursuant to G.S. 143-212(6). E. The above -cited discharge constitutes making an outlet into waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-215.1. F. Steve & Gayle English violated Condition V. 3 of the General Permit by failing to maintain adequate storage in the lagoon to contain the 25-year, 24-hour storm event plus an additional 1 foot of structural Freeboard. G. Steve & Gayle English violated Condition III. 6 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 the failure to maintain storage capacity in the lagoon greater than or equal to that required in Condition V. 3 of the General Permit. H. Steve & Gayle English may be assessed c ivil penalties in this matter pursuant to G.S. 143-215.6A(a)(2) that 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 is required but fails to apply for or to secure a permit required by G.S. 143-215.1, or who violates or fails to act in accordance with the terms, conditions, or requirements of such permit. I. The State's enforcement costs in this matter may be assessed against Steve & Gayle English pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-2821(b)(8). The Acting Supervisor of the Non -Discharge Unit of the Water Quality Section, 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: III. DECISION: Steve & Gayle English are hereby assessed a civil penalty of; $ for of one violation of G.S. 143-215.1 ford ischarging animal waste into the waters of the State without a permit. $ for of one violation of Condition II. 4 of Swine Waste General Permit AWG100000 by causing ponding and runoff of animal waste. $ for of one violation of Condition V. 3 of Swine Waste General Permit AWG100000 for failing to maintain the lagoon liquid level such as to provide adequate storage to contain the 25-year, 24-hour storm event plus an additional one foot of structural freeboard. $ for of one violation of Condition III. 6 of Swine Waste General Permit AWG100000 for failing to report by telephone to the Regional Office within 24 hours following first knowledge of the occurrence of the failure to maintain storage capacity in the lagoon greater than or equal to that required in Condition V. 3 of the Permit. $ TOTAL CIVIL PENALTY, which is percent of the maximum penalty authorized by G.S. 143-215.6A. $ $336.70 Enforcement costs $ TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S. 143B-282.1(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. 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Terms of Use 1,4 l of I Fn 3/2001 10,10 AM VV Uio its on IN OLD ick mp 0- Tinie: O Permitted ❑ Certified D Conditions h Certified © Registered Date Last Operated or Above Threshold: Farm Name: c� r "-, -4 ! 14 r Owner Name: •-e . J, (� IZL �2 Phone No: Mailing address: Facility Contact: 'Title: yyPhone No: Onsite Representative: eve Gl 1 : 4 integrator: Certified Operator: _ Operator Certification Number: Location of Farm: ❑ Swine ❑ Poultry ❑ Cattle ❑ Worse Latitude 0 ° Longitude 6 �•• ' a Design ,Cur`rent Current �r E� Qesign ;Current; F v 5►yine ;:,i Ca aci 'Po`'ulatian ` _ Ca' aci Po iilahon :>Cattte ; a aci �..Po ulutiotrE �'.Po5No ,,:: .�- t,. Wean to Feeder ;` ❑r ❑ Daireder PFe to Finish ❑La er ❑Non -Dairy Farrow to Wean ...... r-_;: .. k sit. ❑ Farrow to Feeder ❑ Other ❑ Farrow to Finish y,�r , i Total Destgin Capacity s �r• ❑ Gilts e �N Boars �i�'i C ttr'bf Lagoo -�r .•. ��+ ❑Subsurface Drains Present ❑ Lagoon Area 5 rar Fi Field Area " '�2 " e" • .. Sp � Holding YPonds /Solid Trapsr` �x'ycu; ❑ Hu Liquid Waste Nl tna ement S stem v 4 t +t,d}y Disc arise • & Stream Inaa •ts 1. Is any discharge observed from any part of the operation? Discharge originated at; ❑ Lagoon ❑ Sprav 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. I f discharge is obserrcd, what is the estimated flow in gal/min'? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) 2. Is there evidence of past discharge from any part of the operation? 3. Were tliere any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? �_k'astc oll • •ti & -Treatment 4, is storage capacity (freeboard plus storm storage) less than adequate? ❑ Svillwav Structure I Structure 2 Structure 3 Structure 4 Structure 5 Identifier: a7 Freeboard (inches): 05103101 ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No [�''�'es ElNo /❑ Yes ❑ No El Yes ❑No Structure C Continued Facility Number: —7 —:51111 Date of Inspection 5. Are there any immediate threats to the integrity of any of the structures observed? (ic/ trees, severe erosion, seepage. etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or 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? 8. Does any part of the waste management system other than waste structures require main tenance?improvement? 9. Do any stucrures lack adequate. gauged markers with required maximum and minimum liquid level elevation markings? Waste Annlication 10, are there any buffers that need maintenance/improvement? 11. Is there evidence of over application? Xxcessive Ponding ❑ PANHydraulic Overload 12. Crop type 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? 14. a) Does the facility lack adequate acreage for land application? b) Does the facility need a wettable acre determination? c) This facility is pended for a wettable acre determination? 15. Does the receiving crop need improvement? 16. is there a lack of adequate waste application equipment? Required Records & Documents 17. Fail to have 'Certificate of Coverage & General Permit or other Permit readily available? 18. Does the facility fail to bave all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design. maps, etc.) 19. Does record keeping need improvement? (ic/ irrigation, freeboard, waste analysis & soil sample reports) 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? li 21. Did the facility fail to have a actively certified operator in charge? 22, rail to notify regional DWQ,of emergency situations as required by General Permit? (ie. ldischarge. freeboard problems. over application) 23. Did Reviewer.'lnspector fail to discuss review;' inspection with on -site representative? 24. Does facility require a follow-up visit by same agency? 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No XYes ❑ No ❑ Yes ONo ❑ Yes ❑ No ❑ Yes ❑ No 13 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. -ti;•.... :�, {.•.4 :w•.: y,,:...t ti.17: 1 '.r!".? Y"eik`rms't`- ¢k" a z +'� §g+ C,E Y!r X e�" " 7fi' '#5&- '"y.f1^''""r .h[-Z`.. ,` ; � 4 ri g Cy ,,,,,' ti Comments (`refer to goestiun #}.Eip?Eaui anyYYES ansner"s•andlor�,anytrec�nnacnendattans a �any,6otlter comments.�;��„� �§���`,� ��� � Use drawings of facility to better explain srtuittons {use addiLnn>ill pages as.etecessary) Final Notes 1 ❑ Field Coov ,x «, t �� _❑ S . '+.� I. �A�'• � �M.S}-. '� .di J } §.. �, T>7.s PC G4 ; c'I dC o f + 1 Mfjp r", rC 7/1 !� Glt �^� 1 n �t t��'n r� �' c k .D r- ve , -T-11e i t �A.��C ,j"�L,..,Icl.�� � �tl -��P -�`,'� f� . l ✓cis-� r r � �.��F �,'r� �� Cd ,,�cn LJs't'�E �f Q 7LeC STLt�� h GF ; J 9R J jOh -5 e d . Q4 nt� 1�'� Q kid �'� G4u re•f We r�C11-�c3 kCn . 7-L� F iGt�es�.n. tC're �vG�.✓d WCti� !�-# f��Zv/I S �;vc" . f1'fr. ��+t'��, S'atGt ✓tnd+� ��-R�;rt1Lveazx �;VC�, �cr_qC,Se P _ t'% ['^•. i'•`,.5 .M ,y ♦ !^fir, .c Y.A.�..:...�....� ..r. Reviewer/InspectorName ��c�%lchr`q. 'r�.4�`�"rs:`Fn�,Rr�' Reviewer/Inspector Signature: Date: 05103101 Continued r i Facility Number: Date of Inspection ? 4� r. or Issues 36. Does thc.discharge pipe from the confinement building to the storacc pond or lagoon fail to discharge at/or below ❑ Yes ❑ No liquid level of lagoon or storage pond with no agitation? '_?. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ❑ No 38. 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) V ' 39. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ❑ No 30. %Vcre any major maintenance problems with the ventilation fan(s) noted? (i.e, broken fan belts. missing or or broken fan blade(s). inoperable shutters. etc. ► ❑ )'cs ❑ No 31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ❑ No 32. Do the flush tanks lack a submerged fill pipe or a permanenu'temporaryy cover? ❑ Yes ❑ No 05103101 These are picture captions for the pictures taken of violations that were discovered on March 25, 2003 and March 28, 2003 at the E & B Farm # 4, Facility # 31-519, owned by Steve & Gayle English. 1) Picture taken by Rick Dove on 3/25/03 shows application of animal waste and ponding of animal waste in the bottom left section of the photo. 2) Picture taken by Rick Dove on 3/25/03 shows application of animal waste and ponding of animal waste. 3) The E & B Farm # 4 swine house, lagoon, and application field are shown from background to foreground, respectively. 4) The lagoon and lagoon liquid level gauge is shown. Debris on gauge shows level recently such that there was 16 inches of freeboard. Liquid level at the time the picture was taken was such that there was 29 inches of freeboard. 5) Ponded waste in tire ruts in the application field. 6) Ponded waste at the edge of the application field. The unnamed tributary to Island Creek is to the right of the photo. 7) Ponded waste near the edge of the application field. Sample point "SE -Field" is in the shown ponded area. The UT to Island Creek is behind the photographer. 8) Ponded waste near the edge of the application field. Sample point "SE -Field" is in the shown ponded area. 9) Ponded waste near the edge of the application held. Sample point "SE -Field" is in the shown ponded area. The unnamed tributary to Island Creek is in the background of the photo. 10) Shown is sample point "SE -Up" is in the UT to Island Creek upstream of the point that waste discharged into the UT. 11) Ponded waste is shown at the edge of the application field. The waste flowed from the ponded area through the drainage path shown in the center of the photo: The waste flowed toward the photographer and discharged into the UT to Island Creek at the photographer's back. 12) The drainage path referenced in the photo # 1 I is shown in the center foreground of the photo. The waste discharged into the UT to Island Creek seen in the middle and background of the photo. 13) Waste is in the UT to Island Creek shown near the point of discharge. Picture captions for Steve & Gayle English, E & B Farm # 4, Facility # 31-519 Page Two 14) Waste in the UT to Island Creek. Sample point "SE-PL" is shown. 15) A dead fish or tadpole is shown in the UT to Island Creek near the point of discharge. 16) Toward the end of the investigation, Mr. English constructed the shown dam at the middle right of the photo to help prevent further discharge of the ponded waste at left of the photo into the UT at the right of the photo. 17) Toward the end of the investigation, Mr. English constructed the shown dam to help prevent further discharge of the ponded waste at the edge of the field into the UT at the photographer's back. jrr" image :)yu..cj» pixels Sim , ". y1 c f of 1 3/27/2003 9:42 ANf 3 '� w e+r. S "+, i'r r'S 4� -d i "tJ€ w�*� •Y:'.a ��. ' �� .� ,. ,y.. , r %,4..--- *.,: ti � +. �'r"'L•• "9 �-y �y k t a���TS"�.�'.`"'ir,5wf. y'.1 � � �? } rp i �!f � �,' . fi�&.t.•'i.l •�'3�-- �4_ r y� ���,_���,-;�` �i� �sxi.,.+ +ri p, .r"• QI , Ir •pr'�,�g w s, _ L+•�� ,�„•'`i` p A.yti!' ia•y i , f: r�s! S` 1. . . � �,�,j., ��. � 4,�•�.gI�,R� ��, 4��T 1 Y".:is �. �.yy •ayr �1 r•:L ,C >r as 4 a. n i n r _ Y �J'�'.n `,e��My� ,�y4 �t �^y�'�� }x�l.. '• • F�' � Jka �� .h ' � ��M y 4 � f �N y �� f � •i:, •~ ' '� ~ � �i'�1'V F` �_++�y� �n1 � J, � � � I.I � "c-�`�y„��" �. �`�'1K+y, ���-. �i t ��_�y`'?+^$a'Y'�+1•%}M 7+�'ZLs��f"�`T�.�'�N. ' J"��til �t "!i. yam"-.. y ', �� �- �, �,. �PtK� v �_ n '-+-rir � ^i .-.+,t�.s ��i '�" ��J� �:, r�.• .. •� Y g � • � � ' _`'�' gym,+% "� :�"� �m .� �� xiz'. 4 Ya � .i ,^ �{_�r+F .c .� y �� -r�' Gam+• �h r tr. k . � ' : � ,�y�t r � - w"�'+�h� #���L rir`•`'.?' a -+r w r ,'�I $-'�'. �'r �•�:�r *•i f .r :...1. �� 3�I�' 1}: .ij C' p..nfr� s,.,"Fw'y-W,a4•+�.x, {k "t re p, wl ,.,,k 'F .sy f ,q14 1�" ,k � �'"'�+ f Y"+" {ws�AY�;-'�6.2'Y.'�.,w•�'• C'�^e�,'�'.,"S*wuk"'C�a � '�� i t r Sy t�,-: v tMlw..i `�a tw �g.�y Yy � f �� � r . -• �7 . � �. 4 ` ., ,, W it v -y yyt• 71 !T W V r +r - jai? z . A. f vp we - Ajb I V �' I Pf-I -15 f r f '� � . ,1f .{..rF� '@,+.��;i•'�.i*. L"r �3iiT l�f�gyly�t �i-t�fi•Tt � i g � 1 . ••i�•� .r _'n..�'�-�Y v.f T� 4 �A�j�''yr j� +•l i 'i k' ,v � f 1� 1, �.',iw•e F� 4 . 4 4V . ! s ,1 i .fit„ � ;" •"!-n op .,e •.i firy'a�. ;mil ♦ `•'��-r ,� ; s'�" o � x'�1 -'T'. p a�,,` / 1 11 ! , t � iFL412 v:f r...i}i, 1.. %! .�� .rJ.....•a:.. _ '°�� �Y.+1•w� "";2. 7?!. •7 j' i r� ": I =:�= s i # A j.r.� e>Eviroche'. ANALYTICAL & CONSULTING CHEMISTS Environmental Chemists, Inc. 6602 Windmill Way • Wilmington. North Carolina 28405 (910) 392.0223 (Lab) • (910) 392-4424 (Fax) EchemW@aol.com NCDENR: DWQ CERTIFICATE #94, DLS CERTIFICATE #37729 Customer: NCDENR-DWQ Date of Report: April 1, 2003 121 N. Cardinal Drive Ext. Wilmington, NC 28405 . Purchase Order #: Attn: Stonewall Mathis Date Sampled: Sampled By: _ WATER! REPORT OF ANALYSIS 03/28/03 Stonewall Mathis Report Number: 3-1759 Report To: Stonewall Mathis Sample ID Lab ID Fecal Coliform, colonies/100 mL SE -Up # 4123 220 SE -Field # 4124 13,514 SE-PL # 4125 10,811 Comments: Reviewed by: `y 2-K ' ILi11 � ,� �¢ �iaJsc�sL' y xoa5 . Michael F. Easley, Governor • - William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources 1 0 Alan W. Klimek, P.E. Director Division of Water Quality May 7, 2003 CERTIFIED MAIL # 7002 2410 0006 9367 9457 RETURN RECEIPT REQUESTED Steve & Gayle English P.O. Box 67 Teachey, NC 28464 Subject; Notice of Violation and Recommendation for Enforcement E&BFarm 44 Facility Number: 31-519 Duplin County Dear Mr. and Mrs. English. This is to notify you of violations of North Carolina General Statute 143-2I5.1 and Swine Waste General Permit AWG 100000. On March 25, 2003, a citizen flyover revealed violations at your facility. On March 28, 2003, Division staff performed an investigation and observed that animal waste'runoff from an application field of your facility had discharged into an unnamed tributary, of Island Creek. Island Creek is class C Sw waters of the State within the Cape Fear River basin. This is a violation ofN.C.G.S. 143-215.1 that requires that no person shall make an outlet into the waters.of the State without having obtained and abided by the appropriate permit. During the March 28, 2003 inspection, Mr. English told staff that the lagoon level had been such that there was sixteen inches of freeboard within the past couple of weeks. This is a violation of Condition V. 3 of the General Permit that states in part "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 I foot of structural freeboard." Also, the Regional office was not notified by telephone within 24 hours following first knowledge of the lagoon storage violation referenced above. This is a violation of Condition 111. 6 of the General Permit that states in part "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 the failure to maintain storage capacity in a lagoon/storage greater than or equal to that required in Condition V (3) of this General Permit." In response to these violations, a written response must be submitted to this office that includes: a. An explanation of the violations. b. A description of the actions taken to stop the violations and to prevent their recurrence. C. A list showing the dates for the accomplishment of these actions. S*+urA N. C. Division or Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer Service _. E Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-7748 NCOit Steve & Gayle English May 7, 2003 Page Two This office must receive the written response within fifteen days of your receipt of this notice. You may wish to contact your County Soil & Water Conservation District Office, County Extension office, a qualified technical specialist, and/or a professional engineer for any assistance they may be able to provide. Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Quality for the above noted violations. These violations may result in civil penalties of up to $25,000 per violation in accordance with North Carolina General Statute 143- 215.6A(a)(2). You may also be assessed for reasonable costs of the investigation in accordance with North Carolina General Statute 143-215.3 (a)(9). Your response will be forwarded to the Director along with the enforcement package for his consideration. Be advised that the Division of Water Quality may take further action in this matter including injunctive relief and permit revocation. If you have any questions concerning this matter, please do not hesitate to call Mr. Stonewall Mathis at 910-395-3900 ext. 203 or Mr. Steve Lewis at 919-733-5083 ext. 539. Sincerely, Rick Shiver Water Quality Regional Supervisor cc: Billy Houston, Duplin County Soil and Water Conservation District Patrick Fussell, DSWC-WiRO Kraig Westerbeek, Murphy -Brown, LLC Kenneth Best, Duplin County Health Department DWQ Central Files DWQ Non -Discharge Compliance/Enforcement Unit Wilmington Files 31-519 S:\WQS\ANIN4ALS\DUPLrN\2003\31-519novrfe AchaelrF. Easley, Governor ■ Comm ems 1, 2, and 3, Also complet iterr 4 if Restricted Delivery is desired. A. Signature X / © Agent illiarn G. Ross Jr., Secretary ■ Print your name and address on the reverse �%� ❑ Addressee 1ent and Natural Resources so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B .,Received pyr(� red Name) C. Date of Delivery �'as Ian W. Klimek, R.E. Director or on the front if space permits. sD. Is u6Uvery addre9s'd erent from item 1? Division of Water Quality ❑ Yes 1. Article Addressed to: r i if Y 5, enter dflive address below: �� ❑ No • F I 3. Service Type ❑ Z 3 G } Acnertified Mail Express Mail ❑ Registered ❑ Return Receipt for Merchandise I ❑ Insured .Mail ❑ C.O.D. 1 4, Restricted Delivery? (Extra Fee) ❑ Yes i 2. Article Number rNnsfer from service label) 7002 2410 0006 9367 9457 ,I PS Form 3811, August 2001 Domestic Return Receipt 102595.02-M•1540 Duplin County Dear Mr. and Mrs. English. This is to notify you of violations of North Carolina General Statute 143-215.1 and Swine Waste General Permit AWG100000, On March 25, 2003, a citizen flyover revealed violations at your facility. On March 28, 2003, .Division staff performed an investigation and observed that animal waste runoff from an application field of your facility had discharged into an unnamed tributary of Island Creek. Island Creek is class C Sw waters of the State within the Cape Fear River basin. This is a violation of N.C.G.S. 143-215.1 that requires that no person shall make an outlet into the waters of the State without having obtained and abided by the appropriate permit. During the March 28, 2003 inspection, Mr. English told staff that the lagoon level had been such that there was sixteen inches of freeboard within the past couple of weeks. This is a violation of Condition V. 3 of the General Permit that states in part "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 1 foot of structural freeboard." Also, the Regional office was not notified by telephone within 24'hours following first knowledge of the lagoon storage violation referenced above. This is a violation of Condition I1I. 6 of the General Permit that states in part "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 the failure to maintain storage capacity in a lagoon/storage greater than or equal to that required in Condition V (3) of this General Permit." In response to these violations, a written response must be submitted to this office that includes: a. An explanation of the violations. b. A description of the actions taken to stop the violations and to prevent their recurrence. C. A list showing the dates for the accomplishment of these actions: V am N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer Service Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-7748 NCDEFtit J rn : Micfaei t-. Casrr y; Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality June 13, 2003 CERTIFIED MAIL # 7002 2410 0006 9367 9495 RETURN RECEIPT REQUESTED Steve & Gayle English P.O. Box 67 Teachey, NC 28464 Subject: Notice of Violation and Recommendation for Enforcement E & B Farm # 4, Facility Number: 31-519, Duplin County Dear Mr. and Mrs. English: You were previously notified by letter dated May 7, 2003 of violations of North Carolina General Statute 143-215.1 and Swine Waste General Permit AWGI00000. This letter is being sent to notify you that the animal waste ponding and runoff that was observed by staff during the March 28, 2003 investigation of your facility is a violation of Condition II.4 of the General Permit that states "Land application rates shall be in accordance with the CAWMP. In no case shall land application rates exceed the Plant Available Nitrogen rate for the receiving crop or result in runoff during any given application." This violation was not noted in the May 7, 2003 letter ;ram this office, so it is appropriate that this letter be sent to notify you of this violation' as well. This office is in receipt of your letter dated May 14, 2003 in response to the May 7, 2003 letter from this office. No further response from you is necessary. Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Quality for the above noted violations. These violations may result in civil penalties of up to $25,000 per violation in accordance with North Carolina General Statute 143- 215.6A(a)(2). You may also be assessed for reasonable costs of the investigation in accordance with North Carolina General Statute 143-215.3(a)(9). Be advised that the Division of Water Quality may take further action in this matter including injunctive relief and permit revocation. If you have any questions concerning this matter, please do not hesitate to call Mr. Stonewall Mathis at 910-395-3900 ext. 203 or Mr. Steve Lewis at 919-733-5083 ext. 539. Sincerely, t Rick Shiver Water Quality Regional Supervisor cc: Billy Houston, Duplin County Soil and Water Conservation District Patrick Fussell, DSWC-WiRO Kraig Westerbeek, Murphy -Brown, LLC DWQ Central Files DWQ Non -Discharge Compliance/Enforcement Unit Wilmington Files 31-519 S:\WQSIANIMALS\DUPLIN\200301-519novrfe2 N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer Service &.;A Wilmington Regional Office Wilmington, NC 213405 (910) 350-2004 Fax 1 800 623-7748 NCDENR May 14, 2003 N.C. Division of Water Quality Wilmington Regional Office Attn. Rick Shiver 127 Cardinal Drive Extension Wilmington, NC 28405 Mr. Shiver, This letter is in response to the Notice of Violation (NOV) issued by your office to E&B Farms #4 on May 7, 2003. Your letter references an event that took place on March 28, 2003, during which animal waste from this farm was discovered in an unnamed tributary of Island Creek. As the Operator in Charge for this farm, I take full responsibility for the unfortunate events that occurred, and appreciate the opportunity to explain what happened to cause the discharge, as well as actions taken to insure that it doesn't occur again in the future. On the day in question, Mr. Stoney Matthis visited E&B Farm. #4 in response to a citizen fly over that showed pending of wastewater on one of the application fields. Waste had been applied to the field in question .for about 4 hours on March 25, 2003. On the 26`s, it was determined that the fields were too wet to irrigate, and the equipment was moved to E&B 1-3. When Mr. Matthis inspected on the 28ei, some of the pending in question was still present in the spray field. This ponding was pumped back into the lagoon. In addition, a small area of ponded wastewater was discovered in a swampy area adjacent to the field. This material was also returned to the lagoon. There is no indication that any of this wastewater left the swampy area, or made it to any flowing watercourse. While this event was unfortunate, I feel that our immediate j response to the situation mitigated any serious environmental damage that might have occurred. I would also like to thank Mr. Matthis for his help in directing these activities. In response to this event, we have changed our standard operating procedure with regards to the travel speed of our reels during irrigation events. I have consulted an irrigation specialist and have received instruction as to alternative nozzle sizes and travel speeds that will reduce the application rate and application amounts of my system. In the future, I will adjust travel speed and nozzle size according to soil conditions to prevent this type of thing from re -occurring. Also, the area in which the pending occurred will be evaluated more closely in the future before application events occur. Also noted in the NOV is the failure to call in a freeboard level of 16". As you are aware, above average rainfall during the fall and winter months provided challenges in managing lagoon levels. I was aware of the requirement to notify your office in the event of a freeboard issue, however, given the small size of the lagoon in question, and the fact that I knew it could be lowered with only a few hours of irrigation, I did not call. My main concern was to safely lower the freeboard level. I will, however, make sure that I notify your office in the future if this freeboard situation happens again. Finally, I would like to note that this is the first issue of this type that has come up on my farm. E&B Farms is committed to operating our farm in accordance with all applicable rules and regulations. If there are any further questions or concerns, please feel free to call me at (910) 285 3723. Sincerely, Steve English Manager, E&B Fauns State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Kerr T. Stevens, Director January 26, 2001 Charles and Edith Brinkley E&BFarm#4 PO Box 67 Teachey NC 28464 ffl�'WA if 0 0 WOW NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Certificate of Coverage No. AWS310519 E&BFarm #4 Swine Waste Collection, Treatment, Storage and Application System Duplin County Dear Charles and Edith Brinkley: In accordance with your Notification of Change of Ownership received on December 28, 2000, we are forwarding this Certificate of Coverage (COC) issued to Charles and Edith Brinkley, and Steve and Gayle English, authorizing the operation of the subject animal waste collection, treatment, storage and land application system in accordance with General Permit AWG100000. This approval shall consist of the operation of this system including, but not limited to,. the management of animal waste from the E & B Farm # 4, located in Duplin County, with an animal capacity of no greater than 1200 Feeder to Finish and the application to land as specified in the Certified Animal Waste Management Plan (CAWMP). The COC shall be effective from the date of issuance until April 30, 2003, and shall hereby void Certificate of Coverage Number AWS310519 dated May 24, 2000, and shall be subject to the conditions and limitations as specified therein. Pursuant to this COC, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC, with no discharge of wastes to surface waters. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this farm. Any increase in waste production greater than the certified design capacity or increase in number of stocked animals above the number authorized by this COC will require a modification to' the CAWMP and this COC and shall be completed prior to actual increase in either wastewater flow or number of animals. The facility's CAWMP meets all requirements in place at the time of certification. However, it appears that the irrigation system on site may not adequately cover all acreage listed in the Waste Utilization Plan. The owner should address this inconsistency as soon as possible. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Certificate of Coverage AWS310519 E&BFarm #4 Page 2 PIease be advised that any violation of the terms and conditions specified in this COC, the General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143-215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. Upon notification by the Division of this COC's expiration, you shall apply for its renewal. This request shall be made within 30 days of notification by the Division. This COC is not automatically transferable. 'A name/ownership change application must be submitted to the DWQ prior to a name change or change in ownership. If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to apply for an individual non -discharge permit by contacting the engineer listed below for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. The subject farm is located in the Wilmington Regional Office. The Regional Office Water Quality Staff may be reached at (910) 395-3900. 1f you need additional information concerning this COC or the General Permit, please contact 1R loshi at (919) 733-5083 ext. 363. Sincerely, W—Ke rr T. Stevens cc: (Certificate of Coverage only for all cc's) Duplin County Health Department Wilmington Regional Office, Water Quality Section Duplin County Soil and Water Conservation District Permit File NDPU Files J NORTH CAROLINA ENVIRONMENTAL MANAGEMENT CONLNUSSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES SWINE WASTE OPERATION GENERAL PERMI'E This permit shall be effective from the date of issuance until April 30, 2003. Holders of Certificates of Coverage (COC) under this permit shall comply with the following specified conditions and limitations: I. PERFORMANCE STANDARDS The animal waste collection, treatment, storage and application system permitted under this permit shall be effectively maintained and operated as a non -discharge system to prevent the discharge of pollutants to surface waters, wetlands, or ditches. Application of waste at agronomic rates to terraces and grassed waterways is acceptable in accordance with Natural Resources Conservation Service (NRCS) Standards. Facilities which are in compliance with their CAWMP and this permit, which unintentionally discharge as a result of a storm event greater than the 25-year, 24-hour storm, will not be considered to be in violation of this permit. 2. The CAWMP is hereby incorporated by reference into this general permit. New or expanding farms are required to be certified prior to the stocking of animals. The CAWMP must be consistent with all applicable statutes, rules and standards in effect at the time of siting, design and certification of the facility. Any violation of the CAWMP shall be considered a violation of this general permit and subject to enforcement actions. A violation of the General Permit may result in the Permittee having to take immediate or long term corrective action(s) as required by the Division of Water Quality. These actions may include modifying the CAWMP, ceasing land application of waste, or removing animals from the farm. The facility may not be expanded above the capacity shown in the COC until a new COC reflecting the expansion has been issued. 4. A copy of this General Permit, COC, certification forms, lessee and landowner agreements, and the CAWMP shall be readily available at the farm (stored at places such as the farm residence, office, outbuildings, etc.) where animal waste management activities are being conducted for the life of this permit. These documents shall be kept in good condition and records shall be maintained in an orderly fashion. 5. For all new. and expanding operations, no collection or storage facilities may be constructed in a 100-year flood plain. II. 6. Existing swine dry lots may remain in wetlands as long as the wetlands uses are not removed or degraded as a result of the swine. The swine however may not be confined within 100 feet of an adjacent stream or a seasonally -flooded area. The swine also must not cause a loss of more than 10% of the existing tree canopy. Where trees do not exist, the area must be managed to include crop rotation. OPERATION AND MAINTENANCE REQUIREMENTS I. The collection, treatment, and storage facilities, and land application equipment and fields shall be maintained at all times and properly operated. 2. A vegetative cover shall be maintained on all land application fields and buffers in accordance with the CAWMP. No waste may be applied upon fields not included in the CAWMP. 3. Lime must be applied, as needed, to maintain soil pH in the optimum range for crop production. 4. Land application rates shall be'in accordance with the CAWMP. in no case shall land application rates exceed the Plant Available Nitrogen rate for the receiving crop or result in runoff during any given application. 5. Application of'animal waste onto land which is used to grow crops for direct human consumption (e.g., strawberries, melons, lettuce, cabbage, apples, etc.) shall not occur following the planting of the crop or at any time during the growing season, or in the case of fruit bearing trees, following breaking dormancy. Application of animal wastes shall not occur within 30 days of the harvesting of fiber and food crops for direct human consumption that undergo further processing. 6. If manure or sludges are applied on conventionally tilled bare soil, the waste shall be incorporated into the spil within two (2) days after application on the land. This requirement does not apply to no -till fields, pasture, or fields where crops are actively growing. 7. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be discharged into the animal waste collection, treatment, storage and application system. Washdown of stock trailers, owned by and used to transport animals to and from this farm only, will be permissible as long as the system can accommodate the additional volume. Only those detergents and disinfectants that are labeled by the manufacturer as readily biodegradable may be utilized. 8. Disposal of dead animals shall be done in accordance with the North Carolina Department of Agriculture and Consumer Services (NCDACS) Veterinary Division's regulations. 2 9. Unless accounted for in temporary storage volume, all uncontaminated runoff from the surrounding property and buildings shall be diverted away from the animal waste lagoons and storage ponds to prevent any unnecessary addition to the liquid volume in the structures. 10. A protective vegetative cover shall be established and maintained on all lagoon/storage pond embankments (outside toe of embankment to maximum pumping elevation), berms, pipe runs, and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the lagoon/waste storage pond embankments. All trees shall be removed in accordance with good engineering practices. Lagoon/waste storage pond areas shall be accessible, and vegetation shall be kept mowed. 11. At the time of sludge removal from a lagoon, the sludge must be managed in accordance with a CAWMP. When removal of sludge from the lagoon is necessary, provisions must be taken to prevent damage to lagoon dikes and liners. 11 Lagoons/storage ponds shall be kept free of foreign debris including, but not limited to, tires, bottles, light bulbs, gloves,,syringes or any other solid waste. 13. The facility must have one of the following items at all times (a) adequate animal waste application and handling equipment, (b) a lease, or other written agreement, for the use of the necessary equipment, (c) a contract with a third party applicator capable of providing adequate waste application, or (d) a contract for the purchase of the equipment. Equipment shall be capable of meeting permit condition H (4). III. AIONITORING AND REPORTING REQUIREMENTS L An inspection of the waste collection, treatment, and storage structures and runoff control. measures shall be conducted at a frequency to insure proper operation but at least monthly and after storm events. For example, lagoons, storage ponds, and other structures should be inspected for evidence of erosion, leakage, damage by animals or discharge. Any major structural repairs (to lagoons or waste storage ponds)'must have written documentation from a technical specialist certifying proper design and installation. However, if a piece of equipment is being replaced with a piece of equipment of the identical specifications; no technical specialist approval is necessary [i.e. piping, reels, valves, pumps (if the GPM capacity is not being increased or decreased), etc.]. 3 2. if not already installed at this facility, a waste -level gauge to monitor waste levels shall be installed within 60 days of issuance of the COC under this general permit. This gauge shall have readily visible permanent markings indicating the maximum liquid level at the top of the temporary liquid storage volume, minimum liquid level at the bottom of the temporary liquid storage volume, top of the dam elevations. Where storage ponds are utilized, only a gauge indicating the maximum liquid level at the top of the temporary liquid storage volume and top of dam elevations need be installed. Caution must be taken not to damage the integrity of the liner when installing the gauge. Waste lagoon and storage pond levels shall be recorded weekly on forms supplied or approved by the DWQ. For level gauges already installed, the gauge shall have at a minimum: readily visible permanent markings indicating the maximum liquid level at the top of the temporary liquid storage volume and minimum liquid level at the bottom of the temporary liquid storage volume. I A representative Standard Soil Fertility Analysis, including pH, copper, and zinc, shall be conducted annually on each application field receiving animal waste. The results of these tests shall be maintained on file by the Permittee for a minimum of three years and shall be made available to the DWQ upon request. 4. An analysis of the animal waste shall be conducted as close to the time of application as practical and at least within 60 days (before or after) of the date of application. This analysis shall include the following parameters: Nitrogen Zinc Phosphorous Copper Records, including land application event(s) and removal of solids to an off -site location(s) records, shall be maintained by the Permittee in chronological and legible form for a minimum of three years. These records shall be maintained on forms provided or approved by the DWQ and shall be readily available for inspection. 6. Regional Notification: The Permittee shall report by telephone to possible, but in no case more than 24 hours of any of the following events: the appropriate Regional Office as soon as following first knowledge of the occurrence a. Failure of any component of the animal waste collection, treatment, storage and land application system resulting in a discharge to surface waters. b. Any failure of the animal waste treatment and disposal system that renders the facility incapable of adequately receiving, treating or storing the animal waste and/or sludge. c. A spill or discharge from a vehicle transporting animal waste or sludge to the land application field which results in, a discharge to surface waters or an event that poses a serious threat to surface waters. d. Any deterioration or leak in a lagoon/storage pond that poses an immediate threat to the environment. 4 . Y.i.' .. � e. Failure to maintain storage capacity in a lagoon/storage greater than or equal to that required in Condition V (3) of this General Permit. f. Overapplying animal waste either in' excess of the limits set out in the CAWMP or where runoff enters surface waters. g. Any discharge that bypasses a lagoon/storage pond resulting in a discharge to surface waters or that poses a serious threat to the environment. For any emergency which requires immediate reporting after normal business hours, please contact the Division of Emergency Management at 1-800-858-0368. The Permittee shall also file a written report to the appropriate DWQ Regional Office of the occurrence within 5 calendar days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to be taken to correct the problem and to ensure that the problem does not recur. The requirement to file a written report may not be waived by the DWQ Regional Office. IV. INSPECTIONS Any duly authorized officer, employee, or representative of the DWQ may, upon presentation of credentials and in accordance with reasonable and appropriate biosecurity measures, enter and inspect any property, premises or place on or related to the collection, treatment, storage and land application system at any reasonable time for the purpose of determining compliance with this permit; may inspect and obtain a copy of any records that must be kept under the terms and conditions of this permit; and may obtain "samples of the animal waste, groundwater, soil, plant tissue, or surface water. V. GE'SERAL CONDITIONS 1. The issuance of a COC under this permit shall not relieve the Permittee of the responsibility for damages to surface waters or.ground waters resulting from the animal operation. 2. The Permittee shall designate a certified animal waste management system operator to be . in charge (OIC) of the animal waste management system. The animal waste management system shall be operated by the OIC or a person under the OIC's supervision. 3. 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 an additional 1 foot of structural freeboard. In addition to the above requirements, for new and expanding farms with lagoon designs completed after September 1, 1996, storage must also be provided for the heavy rainfall factor for lagoons without an outside drainage area. In the case of lagoons/storage ponds in series that are gravity fed, the 25-year, 24-hour storm event and/or the heavy rainfall factor storage requirements for the system may be designed into the lowest lagoon/storage pond in the system. However, adequate freeboard must be designed into each of the upper lagoons/storage ponds to allow sufficient storage to prevent the waste level from raising into the. structural freeboard while the storm water is draining into the lowest lagoon in the system. 5 4. Should the DWQ have good reason to believe that any activities conducted pursuant to this permit may cause or contribute any waste, directly or indirectly, to be intermixed with the waters of the State, the DWQ may require any monitoring (including but not limited to groundwater, surface water, animal waste, sludge, soil and plant tissue) necessary to determine the source, quantity, quality, and effect of such waste upon the waters of the State. Such monitoring, including its scope, frequency, duration and any sampling, testing, and reporting systems, shall meet all applicable Environmental Management Commission requirements. "Good Reason" may be based on the findings of a related Federal, State, Commission or DENR authorized study or report, or other evidence showing that violations of State water quality standards or other applicable environmental standards have occurred or may occur. 5. Failure to abide by the conditions and limitations 'contained in this permit, the facility's CAWMP and/or.any COC issued under this permit may subject the Permittee to an enforcement action by the DWQ in accordance with North Carolina General Statutes and may include the requirement to obtain an individual non -discharge permit and/or the modification of the animal waste management system b. The issuance of a COC under this permit does not excuse the Permittee from the obligation to comply with all applicable statutes, rules, regulations, or 'ordinances (local, state, and federal). 7. If animal production ceases, the Permittee shall close the. lagoons/storage ponds in accordance with Natural Resource Conservation Service (MRCS) lagoonlstoraQe pond closure standards or develop and implement an animal waste management plan in accordance with NRCS standards. Closure shall also include notifying the DWQ and submittal of the Animal Waste Storage Pond and Lagoon Closure Report Form to D A'Q- Water Quality Section- Non -Discharge Branch within 15 days of completion of closure. 8. The annual permit fee shall be paid by the Permittee within thirty (30) days after being billed by the Division. Failure to pay the fee accordingly. constitutes grounds for revocation of the COC granting coverage under this General Permit. 9. Failure of the Permittee to maintain, in full force and effect, lessee and landowner agreements which are required in the CAWMP, shall constitute grounds for revocation of the COC granting coverage under this General Permit. 10. This permit allows for the distribution of manure up to 4 cubic yards per visit to individuals for personal use. 11. The Groundwater Compliance Boundary for the disposal system constructed after December 31, 1983, is established at either (1) 250 feet from the waste structures and from the waste disposal area, or (2) 50 feet within the property boundary, whichever is closest to the waste structures and the waste disposal area. If this facility was constructed prior to December 31, 1983, the Compliance Boundary is established at either (1) 500 feet from the waste disposal area, or (2) at the property boundary, whichever is closest to the waste disposal area. An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to the requirements of 15A NCAC 2L and the Division in addition to the penalty provisions applicable under the North Carolina General Statutes. This General Permit issued the eighteenth day of May, 1998. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION A. Preston Howard, Jr., P. ector bivision of Water Quality By Authority of the Environmental Management Comnvssion Swine Waste General Permit -Number AWG100000 7 CONSULTrNG CHEMISTS 7-C� A ==vroN. Environmental Chemists, Inc, 6502 Windmill Way . Wiimingron. North C,:mhru '-3405 19107 :93-3 ? 'Lai?) - !910)=9--W'-ZL tFzx; Echc:nW ,o'._om NCDEi lR: D WQ CE'RTiFiCATE ;P5,14. OLS CIERTIFICATc *37'29 Sep resrmber 5, 2000 NGJSNR-1'--)Wa Mike Wiliicrrs F�2Jl'9' Lew Hicks 5UgUEC -- Araiyticaf Laboratory Services WA r AG5/MIL,E�- 010 •330- 2004 Fecal colsform =or samples received: Mordcy - Thursday, normal hours tiff 5 ;.m $18.00ea Morday -Thursday. outside normol hours 520.00ec Friday, requiring weekend wor'G 530.00ea Scyurday and Sunday 53Z.00ea B005, for samples received: Wednesday - Friday SS.GOeo f" Marday and Tuesday. requiring weekend work 530.00eo Ammonia 5 i4.00ea T<N 518.00ea Nitrate + Nitrrte 5i8.00ea Total PFcsphours 5.QCea i" 1osT all metals Merc- y cD.JGea trzvv Z6E OT6 LUaq:>O.A. AU3 dbZ=ZO TO-OE-gnd (�4-,Cc)ccoo C) 0 I:z A 0 7n a's CD -ci 3 I-1 , 'SD -71 --1 0 ::] I y (--i Ic IL VT I fl V'l J CD Al i J'Szz - �� t ,:rrU`rt7)s�L�3 v t r?Li 4-0 IIb'It'�=X hr�;(:75 �17n LAL-1V �; X