820703_ENFORCEMENT_20171231

NUH I H LAHULINA
Department of Environmental QuA
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July l 1, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Premium Standard Farms
PO Box 49
Clinton, NC 28329-0049
Re: Notice of Deficiency
High Freeboard
S-2
NCA282703
Sampson County
To Whom It May Concern:
Michael F. Easley, Govemor
William G. Ross Jr., secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
On 1/2/2007, you or an employee of your farm notified the Fayetteville Regional Office
Division of Water Quality, as required by the Swine Waste Management General Permit
NCA200000 Section 111 1 l (e), that the freeboard level of the lagoon was 25 inches, which is less
than the minimum required. The General Permit states "The maximum waste level in
lagoons/storage ponds shall not exceed that specified in the facility's 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 one (1) foot of
structural freeboard."
We appreciate your cooperation in self -reporting high freeboards and providing records -
Please bear in mind that high freeboards must be reported by phone, email, fax, or personal
contact within 24 hours. Plans of Action (POAs) must be filed within 24 hours for structural and
48 hours for storm storage high freeboards- They EXPIRE after five (5) days for structural and
thirty (30) days for storage high freeboards. At that time, the situation should be resolved or,
upon request, the Division may grant extensions for adverse conditions.
Required Corrective Action:
At this time, the incident is closed. The Division strongly recommends that you
review your facilities and procedures with the goal of eliminating future high freeboards,
which could lead to mandatory review of your Waste Utilization Plan by a Technical
Specialist, Notices of Violation or civil penalties in the future if freeboard noncompliance
remains an issue.
Aquifer Protection Section 1636 Mail Service Center
Internet: wrvw.newateruualitv.ore Location: 2728 Capital Boulevard
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Nat= I'M
Raleigh, NC 27699-1636 Telephone: [phone]
Raleigh, NC 27604 Fax 1: [phone]
Fax 2: [phone]
Customer Service: [phone]

July 11, 2007
Page 2
Premuim Standard Farms
If you are not aware, you now may pump up to eight (8) inches below the "Stop
Pump" mark between June 15 and October 31 provided that the criteria in NRCS
Standard for Waste Treatment Lagoon No. 359 are met.
The Division of Water Quality has the authority to levy a civil penalty of up to $25,000
per day per violation. 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 call Joan Schneier
at the Fayetteville Regional Office at [phone]. State email addresses typically are in the
format [e-mail]. POAs can be found under "Reporting Forms" on the left
side of the page, at our website http://h2o.enr.state.nc.us/aps/afou/afou—home.htm
Sincerely,
i� Art Barnhardt
Regional Supervisor
cc: Facility File — 82-703
APS Central Files
Premium Standard Farms