HomeMy WebLinkAbout930004_PERMIT FILE_20171231OPERATIONS BRANCH - WO Fax-919-715-6048 Jul 19 '95 15:56 P.08/16
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Faz Ic? (919) 715-3539 Sigua[um or A94t
A-FCrt l
le
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A'�
NCDENR
A. Preston Howard, Jr., P.E., Director NORTH CAROLINA DEPARTMENT OF
EIV06P' 4FdeAND NATURAL RESOURCES
Decmebe 9,, 199 .AL I_ks'C URc tS
CERTIFIED MAIL & •` AT ..�I.
RETURN RECEIPT REQUESTED 1® 19�9
DEC 16 1998
. rX-...-. �pt",`'�lrkSf,n. °f Fx���?�tu,Fili.? f#n1ffNT _
omm West -
qox 7 Windbriar Court
Battleboro, NC 27809
Subject: Tommy West Farm
Farm Number: 93-4
Warren County
Dear Mr. West:
This is to inform you that staff from the Warren County Soil and Water Conservation
District have confirmed that there are no hogs on the subject facility. Numerous attempts have
been made to contact you to determine the current status of the subject facility. These attempts
have been unsuccessful. Therefore, as per State law, the subject facility must not be repopulated
above the threshold number established by 15A NCAC 2H .0217(a)(1)(A) until you have first
applied for and received a Certificate of Coverage under the Division of Water Quality's (DWQ)
General Permit for swine facilities. To operate this farm before applying for and obtaining a
Certificate of coverage would be a violation of N.C.G.S. 143-215.1 and be subject to a civil
penalty of up to $10,000 per day for each day of operation.
PIease be advised that you are also required to manage the wastewater in the subject
facility's lagoon(s) in such a way as to properly treat the wastewater and to prevent any discharge
of waste to waters of the State. Nothing in this letter should be taken as removing from you
either the responsibility or liability for failure to comply with the State's environmental laws. If
you have any questions, please contact Mr.'Shannon Langley'at (919) 733-5083, extension 581.
Shannon Langley
Sonya Avant/Facility File
P.O. Box 29535, Raleigh, North Carolina 27626-0535
An Equal Opportunity Affirmative Action Employer
Sincerely,
A. Preston Howard, Jr., P.E.
Telephone 919-733-5083 Fax 919-715-6048
50% recycle&10% post -consumer paper k
P
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr,, Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
March 5, 1999
Capps Timberlands
Tommy West Swine Farm
Box 7 Windbriar Court
Battleboro NC 27809
A1RI
0IT
AS
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
r-
Subject: Removal of Registration
Tommy West Swine Farm
Facility Number 93-4
Warren County
Dear Capps Timberlands:
This is to acknowledge receipt of your request that your facility no longer be registered as an animal waste
management system per the terms of 15A NCAC 2H .0217. The information you provided us indicated that your
operation's animal population does not exceed the number set forth by 15A NCAC 2H .0217, and therefore does not
require registration for a certified animal waste management plan.
Under 15A NCAC 2H .0217, your facility is deemed permitted if waste is properly managed and does not
reach the surface waters of the state. Any system determined to have an adverse impact on water quality may be
required to obtain a waste management plan or an individual permit. You are reminded that a discharge of wastes to
the surface waters of the state will subject you to a civil penalty up to $10,000 per day.
Should you decide to increase the number of animals housed at your facility beyond the threshold limits
listed below, you will be required to receive approval from the Division of Water Quality prior to stocking animals
to that level. Threshold numbers of animals are as follows:
Swine
250
Confined Cattle
100
Horses
75
Sheep
1,000
Poultry with a liquid wastes stem
30,000
If you have questions regarding this letter or the status of your operation please call Sonya Avant of our
staff at (919) 733-5083 ext 571.
Sincerely,
A,,,, /. d�,,d
A. Preston Howard, Jr., P.E.
cc: Raleigh Water Quality Regional Office
Warren Soil and Water Conservation District
Facility File
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919.715-6048
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Steve W. Tedder, Chairman
Tommy West
Tommy West Swine Farm
Box 7 Windbriar Court
Battleboro NC 27809
Dear Mr. West:
A 4
AM
[D E N R
! Z/3tf-i9P
Subject: Classification of Animal Waste Management Systems
Facility: Tommy West Swine Farm
Facility ID #: 93-4
County: Warren
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on
Agricultural Waste, was enacted by the North Carolina General Assembly on June 21, 1996. This bill
requires that a certified operator be designated as the Operator in Charge (OIC) by January 1, 1997, for each
animal waste management system that serves 250 or more swine, 100 or more confined cattle, 75 or more
horses, 1,000 or more sheep, or 30,000 or more confined poultry with a liquid animal waste management
system. Our records indicate that your facility is registered with the Division of Water Quality and meets
the requirements for designating an OIC.
A training and certification program is available for animal waste management system operators. For
information on the training programs please contact your local Cooperative Extension Agent. Operator
certifications are issued by the Water Pollution Control Systems Operators Certification Commission
(WPCSOCC). For information on the certification process, please contact the Technical Assistance and
.Certification Unit at (919) 733-0026. The type of training and certification required for the operator of each -
system is based on the nature of the wastes to be -treated and the treatment process(es) primarily used to treat
the animal waste. There are two types of animal waste management systems, type A and type B. Type A
animal waste management systems are generally used to treat waste generated by monogastric animals
which produce a low -fiber waste. Type B animal waste management systems are generally used to treat
waste generated by ruminants and other animals which produce a high -fiber waste. The type of training and
certification an operator receives should correspond with the type of system(s) they intend to operate. For
more information on the classification of your system please contact the Technical Assistance and
Certification Unit.
- As the owner of an animal operation with -an -animal waste management system, you must designate an
Operator in Charge and must submit the enclosed designation form to the WPCSOCC. If you do not
intend to operate your animal waste management system yourself, you must designate an employee or
engage a contract operator to be the Operator in Charge. The person designated as the Operator in Charge,
whether yourself or another person, must possess a currently valid certificate of the appropriate type.
Sincerely,
Joseph B. McMinn, Supervisor
Technical Assistance and Certification Unit
cd/AW OIC Designation
Enclosure
cc: Raleigh Regional Office
Water Quality Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-0026 Fax 919-733-1338
An Equal Opportunity Affirmative Action Employer 50°In recycled/ I0% post -consumer paper
1
State of North Carolina
Department of Environment,
Health and Natural Resources 1 MU.05MA 0
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director IDEEHNFR
Tommy West
Tommy West Swine Farm
Rt 3 Box 263-A''
Warrenton NC
APR
DEHNR RALEIGH
REGIONAL. OFFICE
Dear Mr. West:
April 3, 1997
JECT: Notice of Violation
Designation of Operator in Charge
Tommy West Swine Farm
Facility Number 93-4
Warren County
You were notified by letter dated November 12, 1996, that you were required to designate a
certified animal waste management system operator as Operator in Charge for the subject facility by
January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your
facility. Our records indicate that this completed Form has not yet been returned to our office.
For your convenience we are sending you another Operator in Charge Designation Form for your
facility. Please return this completed Form to this office as soon as possible but in no case later
than April 25, 1997. This office maintains a list of certified operators in your area if you need
assistance in locating a certified operator..
Please note that failure to designate an Operator in Charge of your animal waste management
system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an
appropriately certified operator is designated. Please be advised that nothing in this letter should be
taken as absolving you of the responsibility and liability for any past or future violations for your
failure to designate an appropriate Operator in Charge by January 1, 1997.
If you have questions concerning this matter, please contact our Technical Assistance and
Certification Group at {919}733-0026.
Sincerely,
for Steve W. Tedder, Chief
Water Quality Section
bb/awdeslet 1
cc: Raleigh Regional Office
Facility File
Enclosure
P.O. Box 29535, N#W4 FAX 919-733-2496
Raleigh, North Carolina 27626-0535 ��C An Equal Opportunity/Affirmative Action Employer
Telephone 919-733-7015 50% recycles/100/. post -consumer paper
R
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
June 12, 1998
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Tommy West
Tommy West Swine Farm
Box 7 Windbriar Court
Battleboro,NC 27809-:1
,IT
1••
on
NCDENR
NORTFI CAROuNA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Second request for Status Update
Certified Animal Waste Management Plan
Tommy West Swine Farm
Facility Number: 93-4
Warren County
Dear Tommy West:
In accordance with State Regulations (15A NCAC 2H .0217(a)(1)(E)) adopted by the Environmental
Management Commission on February 1, 1993, the owner of the subject facility was required to submit a
Certification Form for the facility's animal waste management system by December 31, 1997.
In a letter dated February 11, 1998, received by you on April 3, 1998, this office advised you that we had
no record of having received the required Certification for the subject facility. Our letter further requested
that you provide this office with an explanation as to why this Certification was not submitted as required.
This explanation was due by May 3, 1998. To date we have received no response from you.
Any existing facility owner which did not submit the required certification by the deadline is no longer
deemed permitted to operate their animal waste management system. Therefore, if the certification was not
submitted as required and the facility is still in operation, this facility is being operated without a valid
permit. N.C.G.S. 143-215.6(b) allows the Secretary of the Department of Environment and Natural
Resources to take appropriate enforcement actions for this violation for as long as the violation continues.
As per Senate Bill 1217, which was ratified on June 21, 1996, the Environmental Management
Commission (EMC) may enter into a special agreement with facilities that did not meet the December 31,
1997 deadline. These special agreements can only be issued to facility owners which signed up for assistance
with their local Soil and Water Conservation District Office by September 1, 1996 and which can
demonstrate that they made a good faith effort to meet the December 31, 1997 deadline. The special
agreement, if issued, would contain a specific schedule for the facility to follow to develop and/or implement
an approved animal waste management plan. Attached is an application for a special agreement between the
EMC and the subject facility. If you can demonstrate that this facility can meet the conditions for a special
agreement, you may send this request along with your explanation as to why the plan has not been developed
and implemented.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper
it
Also attached is a foam (Form RR 2198) that MUST be filled out if the facility is no longer in operation or is
below the threshold established inl5A NCAC 2H .0217(a)(1)(A). Facilities which maintain the number of animals
below certain thresholds are not required to be certified These thresholds are:
100 head of cattle
75 horses
250 swine
1000 sheep
30,000 birds with a liquid system
Please submit this form if the subject facility is not operating or is below the threshold limit established in 15A
NCAC 2H .0217(a)(1xA).
Please respond within 10 days of your receipt of this letter and submit all responses to this matter to the
following address:
Attn: Shannon Langley
Division of Water Quality
P.O. Box 29535
Raleigh NC 27626-0535
Once your response is rived, it will be evaluated in detail along with any supporting information that
you may wish to submit. Following this review, you will be advised of the results of the review and of any
additional actions that must be taken to bring your facility into compliance.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with the requirement to develop and implement a certified animal waste
management plan by December 31, 1997. Please also be advised that the submittal of a request for a special
agreement does not assure that one will be issued. Each facility will be reviewed on a case by case basis and
appropriate actions will be taken to bring each facility into compliance.
Thank you for your immediate attention to this issue. If you have any questions concerning this matter,
please do not hesitate to contact ivlr. Shannon Langley of our staff at (919) 733-5083 ext. 581.
Sincerely,
A. Preston Howard, Jr., P.E.
cc: Facility File — Non -Discharge Compliance/Enforcement Unit
0WQ_Regional_offi=
Shannon Langley
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733.5083 Fax 919-715-6048
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Tommy West
Tommy West Swine Farm
Box 7 Windbriar Court
Battleboro NC 27809
Dear Tommy West:
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 11, 1998
Subject: Request for Status Update
Certified Animal Waste Management Plan
Tommy West Swine Farm
Facility Number: 93-4
Warren County
In accordance with State Regulations (15A NCAC 2H .0217(a)(1)(E)) adopted by the Environmental
Management Commission on February 1, 1993, the owner of the subject facility was required to submit a
Certification Form for the facility's animal waste management system by December 31, 1997.
This letter is to advise you -that this office has no record of having received the required Certification for
the subject facility. Please provide this office with an explanation as to why this Certification was not
submitted as required. This explanation must be received within 30 days following the receipt of this letter.
Any existing facility owner which did not submit the required certification by the deadline is no longer
deemed permitted to operate their animal waste management system. Therefore, if the certification was not
submitted as required and the facility is still in operation, this facility is being operated without a valid
permit. N.C.G.S. 143-215.6(b) allows the Secretary of the Department of Environment. and Natural
Resources to take appropriate enforcement actions for this violation for as long as the violation continues.
As per Senate Bill 1217, which was ratified on June 21, 1996, the Environmental Management
Commission (EMC) may enter into a special agreement with facilities that did not meet the December 31,
1997 deadline. These special agreements can only be issued to facility owners which signed up for assistance
with their local Soil and Water Conservation District Office by September 1, 1996 and which can
demonstrate that they made a good faith effort to meet the December 31, 1997 deadline. The special
agreement, if issued, would contain a specific schedule for the facility to follow to develop and/or implement
an approved animal waste management plan. Attached is an application for a special agreement between the
EMC and the subject facility. If you can demonstrate that this facility can meet the conditions for a special
agreement, you may send this request along with your explanation as to why the plan has not been developed
and implemented. This request would also be due within 30 days from receipt of this letter.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733.5083 Fax 919-715-6048
An Equal Opportunity Affirmative Action Employer 5 0 % recycled/10% post -consumer paper
Also attached is a form (Form RR 2198) that must be filled out if the facility is no longer in operation or is
below the threshold established in15A NCAC 2H .0217(a)(1)(A). Facilities which maintain the number of animals
below certain thresholds are not required to be certified. These thresholds are:
100 head of cattle
75 horses
250 s Aine
1000 sheep
30,000 birds with a liquid system
Please submit this form if the subject facility is not operating or is below the threshold limit established in 15A
NCAC 2H.0217(a)(1)(A).
Please submit all responses to this matter to the following address:
Attn: Shannon Langley
Division of Water Quality
P.Q. Box 29535
Raleigh NC 27626-0535
Once your response is received, it will be evaluated in detail alone with any supporting information that
you may wish to submit. Following this review, you will be advised of the results of the review and of any
additional actions that must be taken to bring your facility into compliance.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with the requirement to develop and implement a certified animal waste
management plan by December 31, 1997. Please also be advised that the submittal of a request for a special
agreement does not assure that one will be issued. Each facility will be reviewed on a case by case basis and
appropriate actions will be taken to brine each facility into compliance,
Thank you for your immediate attention to this issue. If you have any questions concerning this matter,
please do not hesitate to contact Mr. Shannon Langley of our staff at (919) 733-5083 ext. 581.
Sincerely,
A. Preston Howard,
cc: Facility File — Non -Discharge Compliance/Enforcement Unit
DWQ Regional Office
Shannon Langley
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715.6048
An Equal Opportunity Affirmative Action Employer 50% recycledJ10% post -consumer paper