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HomeMy WebLinkAbout310165_ENFORCEMENT_20171231NORTH CAROLINA Department of Environmental Qua o�oF warF,�QG 6 May 1, 2006 CERTIFIED MAIL 7005-0390-0001-3199-9338 RETURN RECEIPT REQUESTED Bell Enterprises Inc PO Box 145 Kenansville, NC 28349 Dear Mr. Patrick Bell: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Re: Notice of Violation/Notice of Intent Animal Facility Annual Certification Form Case No. NOV-2006-PC-0133 Bell Enterprises Inc. Farm #24 NPDES Permit No.NCA231165 Duplin County Alan W. Klimek, P.E. Director Division of Water Quality You are hereby notified that, having been permitted to have an animal waste management system NPDES permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have been found to be in violation of your permit. The General NPDES Permit, Condition II1.12 states: "An annual certification report shall be filed with the Division's Central Office and appropriate Regional Office by March 1 of each year for the previous year's activities on forms provided by the Division. If the facility was not in compliance, the annual certification must be used to summarize all noncompliance during the previous year, actions taken or actions proposed to be taken to resolve noncompliance and explain the current compliance status of the facility." As of today, DWQ has still not received the Annual Certification Form for this farm. Required Corrective Action: Please respond to this request by filling out the attached Annual Certification Form for the year 2005 as required by your NPDES permit. To avoid possible Aquifer Protection Section 1636 Mail Service Center Internet'. www.ncwater ual ity.orp Location. 2728 Capital Boulevard An Equal Opporlunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper One Nof hCarolina Naturally Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax 1: (919) 715-0599 Fax 2: (919) 715-6048 Customer Service: (877) 623-6748 r UtH I IrItu IVIE (Domestic Mail Only; Nc For delivery information visit our website at www.usps.come F F I I A L U E o Fee `f�O . ;a�n n O Retum Receipt Fea (F_ndorsament R9quVedj g� /O�/ O m ( N 1 C3 RaStriGad flelivery Fee p (6ndarsemant Requln3dj a R �y O 7 a Cs / m C3 Total Postage & Fees I0r N �! t i 4 • t mm i lrlcu IVIAILTM KtlaiYI (Domestic Mail Only; No insurance Coverage Provided) r For delivery information visit our website at www.usps.comm C*�F ICIAL 1II�uI • 1i ., �, FS Form 3800, June 3002 See Reverse for Instructions Mr. Patrick Bell Page 2 May 1, 2006 enforcement action for a violation of your permit, return by fifteen (15) days to the following address: Miressa D. Garoma Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Quality if the Annual Certification Form is not completed and'returned within fifteen (15)working of the receipt of this notice. The Division of Water Quality has the authority to levy a civil penalty of not more than $25,000 per day per violation. Information submitted will be reviewed and, if enforcement is still deemed appropriate, will be forwarded to the Director with the enforcement package for his consideration. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statue or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact me at (910) 796-7215 or Miressa D. Garoma at (919) 715-6937 Sincerely, (30 . ak, Charles F. Stehman, Ph.D., P.G. Aquifer Protection Regional Supervisor cc: Facility File 31-165 APS Central Files Murphy -Brown, LLC Division of Soil and Water, Wilmington Regional Office Duplin County Soil and Water Conservation District < WA TF9 Michael F. Easley, Governor William G. Ross Jr., Secretary v3 r North Carolina Department of Environment and Natural Resources � y Alan W. Klimek, P.E. Director Division of Water Quality May 1, 2006 CERTIFIED MAIL 7005-0390-0001-3199-9338 RETURN RECEIPT REQUESTED Bell Enterprises Inc PO Box 145 Kenansville, NC 28349 Re: Notice of Violation/Notice of Intent Animal Facility Annual Certification Form Case No. NOV-2006-PC-0133 Bell Enterprises Inc. Farm #24 NPDES Permit No.NCA231165 Duplin County Dear Mr. Patrick Bell: You are hereby notified that, having been permitted to have an animal waste management system NPDES permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have been found to be in violation of your permit. The General NPDES Permit, Condition II1.12 states: "An annual certification report shall be filed with the Division's Central Office and appropriate Regional Office by March 1 of each year for the previous year's activities on forms provided by the Division. If the facility was not in compliance, the annual certification must be used to summarize all noncompliance during the previous year, actions taken or actions proposed to be taken to resolve noncompliance and explain the current compliance status of the facility." As of today, DWQ has still not received the Annual Certification Form for this farm. Required Corrective Action: Please respond to this request by filling out the attached Annual Certification Form for the year 2005 as required by your NPDES permit. To avoid possible Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Telephone: Internet: www.newater ualit .or Location'. 2728 Capital Boulevard Raleigh, NC 27604 Fax 1 Fax 2: An Equal opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Customer Service: NonbCarolina Naturally (919) 733-322 1 (919)715-0588 (919)715-6048 (877)623-6748 Mr. Patrick Bell Page 2 May I, 2006 enforcement action for a violation of your permit, return by fifteen (1 5) days to the following address: Miressa D. Garoma Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Quality if the Annual Certification Form is not completed and returned within fifteen (I5)working of the receipt of this notice. The Division of Water Quality has the authority to levy a civil penalty of not more than $25,000 per day per violation. Information . submitted will be reviewed and, if enforcement is still deemed appropriate, will be forwarded to the Director with the enforcement package for his consideration. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statue or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact me at (910) 796-7215 or Miressa D. Garoma at (919) 715-6937 Sincerely, (30 . Yc"IL, Charles F. Stehman, Ph.D., P.G. Aquifer Protection Regional Supervisor cc: Facility File 31-165 APS Central Files Murphy -Brown, LLC Division of Soil and Water, Wilmington Regional Office Duplin County Soil and Water Conservation District A- - NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. Patrick Bell Bell Enterprises P.O. Box 145 Kenansville, North Carolina 28349 Division of Water Quality Coleen H. Sullins Director June 5, 2009 Subject: August 2, 2007 Notices of Violation Failure to Provide Sludge Survey Reports Farms 310078, 310165 & 310683 Dear Mr. Bell: Dee Freeman Secretary Through conversations and correspondence with Clark Wright, an attorney representing Bell Enterprises, the Division of Water Quality has learned of your concern over the Notices of Violation sent to your company during August 2007 for failure to submit sludge survey reports for your three farms in Duplin County. Additional correspondence, recently provided by Mr. Wright's office, which was prepared by your"consultant, Rainman Environmental, attests that the sludge surveys were conducted and reports were sent to the Division. Although the Division has no record of receiving the reports, I can only believe that they were sent in good faith. Also, I was pleased to hear that recent compliance visits to your farms during the past year found everything in order and all documentation in place. In consideration of the correspondence and staff s recent observations, I am, with this letter, retracting the three notices of violation, however, the paper copy of the original notices in our files must be retained as a matter of record. Please contact me should you have additional questions about this matter. Yours very trul , Charles F. Stehman Environmental Program Supervisor III 127 Cardinal Drive Extension Wilmington, NC 28405 cc: Keith Larick Clark Wright Craig Westerbeek WiRO Files (3) Wilmington Regional Office Orte 127 Cardinal Drive Extension Wilmington, NC 28405 NorthCarolina Phone: 910-796-7215 / FAX: 910-350-2004 Internet: www.nCwateLqVgJityo Naturally An Equal Opportunity/Affirmative Action Employer Customer Service 1-877-623-6748 50% Recycled/10% Post Consumer Paper P �OF WA-r,!�9p Michael F. Easley, Governor �� �. William G. Ross Jr., Secretary �! Alan W. Klimek, P.E. Director North Carolina DepartmenE of Environment and Natural Resources Division of Water Quality August 4, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED RECEIPT # 7002 2410 0003 0274 6983 Patrick Bell Bell Enterprises, Inc. c/o Rainman Environmental, LLC PO Box 115 Kenansville, NC 28349 RE: Sludge Survey_-'esting Dates Facility 31-1%' Duplin County Dear Patrick Bell: RECEIVED AU 6 0 LUUh BY: The Division of Water Quality (DWQ) received your sludge survey information on June 21, 2005. With your results, you requested an extension of the sludge survey requirement for #1 Primary lagoon at the Bell Enterprises IV farm. Due to the amount of treatment volume available, DWQ agrees that a sludge survey is not needed until 2007. The result of the 2007 sludge survey is to be submitted with the Annual Certification Form that will be due on March 1, 2008. Please be advised that the extension applies to the #1 Primary lagoon only. Thank you for your attention to this matter. If you have any questions, please call me at (919) 715-6185. Sincerely, �!d. I-tK Keith Larick Animal Feeding Operations Unit cc: File# 31-165 Chester Cobb, Wilmington Regional Office No Carolina Naturally Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: http://h2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623-6748 Fax (919)715-6049 An Equal Opportunity/Affirmative Action Employer— 50% Recycledl10% Post Consumer Paper ce Ir U- U.S. Postal ServiceTM CERTIFIED MAIL�,�, RECEIPT (Domestic 1Lfai1 pnly; No Insurance Coverage Provlried) For delivery information visit our wepsite of www.usps.�ome tr V-q OFFICIAL U SE m Postage $ rq Im COMad Fee EM M (Egr=-.MRIR-�P.tZ� 17 Postmark 4* Here Fee cr (9r.=NZY.'rem m C3 Tbtl� -postage a Fmm* Ln M C3 4 ; I a? 71A 7, —Z, V, S v / //&,. /Vc . a -,-?- &-- -