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HomeMy WebLinkAbout820584_CORRESPONDENCE_20171231CORRESPONDENCE NORTH CAROLINA Department of Environmental Qua! State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director Linwood Royal Royal P.O. Box 562 Lumberton, NC 28359-0562 Dear Linwood Royal: 1 fflk�K;WA • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Removal of Registration Royal Facility Number 82-584 Sampson County 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 $25,000 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 at (919) 733-5083 ext. 571 or Steve Lewis (919) 733-5083 ext. 539. Sincerely, 4mr X- 41tz,� V' Gregory J. Thorpe, Ph.D. ce: Fayetteville Regional Office Sampson Soil and Water Conservation District Facility File 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 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 Linwood Royal Royal P.O. Box 8 White Oak, NC 28399 Dear Linwood Royal: NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES March 5, 1999 Subject: Removal of Registration Royal Facility Number 82-584 Sampson County MA. -I e 4 1999 FAYET'TEV SLE REG. aFP=ICS; 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 Poultr with a liquid wastes stem 30,M 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, 14;1 Aa -",Ur /. J4,-O� A. Preston Howard, Jr., P.E. cc: Fayetteville Water Quality Regional Office Sampson 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 A. Preston Howard, Jr., P.E., Director CERTIFIED MAII. RETURN RECEIPT REQUESTED Linwood Royal P.O. Box 8 White Oak, NC 28399 Dear Mr. Royal: 1I• 6, AIMIIIII NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES November 23, 1998 Subject: Linwood Royal Farm Farm Number: 82-584 Sampson County FRE E � VEa.,UDI riFl; 0 2 1998 L^AYETTEViLU-Z REG. OFFICE:: This is to inform you that staff from our Fayetteville Regional Office and the Sampson Natural Resources Conservation have determined the subject facility is no longer in operation. 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. Please 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 Iiability 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. Sincerely, i . Preston Howard, Jr., P.E. cc: FRO`Water Quality'Superv_ isor� Shannon Langley Sonya Avant/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 A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Linwood Royal Royal P.O. Box 8 White Oak, NC 28399 Dear Linwood Royal: NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES February 11, 1998 RECEIVED FLE3 2 5 1995 FAYETTEVILLE REG. OFFICE Subject: Request for Status Update Certified Animal Waste Management Plan Royal Facility Number: 82-584 Sampson 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 50% recycled/10%a 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 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)(1)(A). Please 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 received, 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 Mr. Shannon Langley of our staff at (919) 733-5083 ext. 581. Sincerely, Al.�s ......... ....... 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% recycled110% 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 Linwood Royal Royal P.O. Box 8 White Oak, NC 28399 Dear Mr. Royal: DEN R RECEIVED FAYETTL--wf,,1J_E REG. OFE= iCE Subject: Classification of Animal Waste Management Systems Facility: Royal Facility ID #: 82-584 County: Sampson 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 Iow-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: Fayetteville 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% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B, Hunt, Jr„ Governor Jonathan B, Howes, Secretary A. Preston Howard, Jr., RE„ Director April 3, 1997 Linwood . Royal Royal P.O. Box, 8 White Oak, NC 28399 IDEHNF;Z Ada n 7 1997 SUBJECT: Notice of Violation Designation of Operator in Charge ,: , .. j, Royal Facility Number 82--584 Sampson County Dear Mr. Royal: 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/awdesletl cc: Fayetteville Regional Office Facility File Enclosure P.O. Sox 29535, ��y� FAX 919-733-2496 Raleigh, North Carol€na 27626-0535 %f C An Equal Opportunity/Affirmative Action i mployer Telephone 919-733-7015 50% r6cycles/100/0 past -consumer paper State of North Carolina Department of Environment, Health and Natural Resources James B. Hunt, Jr., Governor Jonathan B, Howes, Secretary November 13, 1996 Linwood Royal Royal Elizabeth NC 28204 SUBJECT: Operator In Charge Designation Facility: Royal Facility ID#: 82-584 Sampson County Dear Mr. Royal: 4 � [DF—=HNF;Z R7C � '�1�L��._ j NOV 19 1996 �l Fhi;�it: l T Er'! REG. a��r Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly, requires a certified operator for each animal waste management system that serves 250 or more swine by January 1, 1997. The owner of each animal waste management system must submit a designation form to the Technical Assistance and Certification Group which designates an Operator in Charge and is countersigned by the certified operator. The enclosed form must be submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a certified operator for your animal waste management system is a violation of 15A NCAC 2H .0224 and may result in the assessment of a civil penalty. If you have questions concerning operator training or examinations for certification, please contact your local North Carolina Cooperative Extension Service agent or our office. Examinations have been offered on an on-going basis in many counties throughout the state for the past several months and will continue to be offered through December 31, 1996. Thank you for your cooperation. If you have any questions concerning this requirement please call Beth Buffington or Barry Huneycutt of our staff at 9191733-0026. Sincerely, A. Preston Howard, Jr., P.E., Director Division of Water Quality Enclosure cc: Fayetteville Regional Office Water Quality Files P.O. Box 27687, 7�� Raleigh, North Carolina 27611-7687 rf C An Equal Opportunity/Affirmative Action Employer Voice 919-715-4100 50% recycled/ 10% post -consumer paper