HomeMy WebLinkAbout310165_ENFORCEMENT_20171231NORTH CAROLINA
Department of Environmental Qua
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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
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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
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ICIAL 1II�uI
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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
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