HomeMy WebLinkAbout820138_ENFORCEMENT_20171231 (2000)NUHTH CAHOLINA
Department of Environmental Qual
F WAr�
OHO 9Michael F. Easley, Governor
0 William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
0 Alan W. Klimek, P.E. Director
Division of Water Quality
May 20, 2005
Linwood K. Eason
32 Eason -Elmore Road
Dunn, NC 28334
RECEI QED
DENFi _ FAYEgrV, E REG14NAL OFFICE
Subject: Animal Operations Permit Renewal
Eason Farm Inc.
Swine Waste Management System
Sampson County
Dear Mr. Eason:
The Animal Feeding Operations Permitting & Compliance Unit of the Division of Water Quality
(Division) acknowledges receipt of your permit renewal and supporting materials on July 11,
2003 and December 9, 2003. We have been unable to process the renewal because your
facility is above the federal threshold for NPDES permitting.
In order to continue the permitting process, you are required to complete the enclosed NPDES
General Permit application short form. This is an application for coverage under the NPDES
General Permit. Upon receipt of the application, the Division will issue coverage for the Eason
Farm Inc. in Sampson County.
We apologize for the delay in this process. We have been working to develop a process in
which facilities similar to yours can be covered under a General NPDES permit and therefore
meet all federal permitting requirements. If you have any questions, feel free to contact me at
(919) 715-6697.
Sincerely,
M. Paul Sherman, P.E.
Supervisor, Animal Feeding Operations Unit
Enclosure
Cc: Fayetteville Regional Office, Aquifer Protection Section
Permit Application File NCA182138
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636
Internet: http_/Wo.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604
An Equal OpportunitylAffirmative Action Empbyer — 50% Recyded/10% Post Consumer Paper
Phone (919) 733-3221 Customer Service
Fax (919) 715-0588 1-877-623.6748
Fax (919)715-6048
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Michael F. Easley
Governor
William G. Ross Jr.. Secretary
Department of Environment and Natural Resources
t7 Alan W. Kimek, P.E. Director
Coleen H. Sullins, Deputy Director
Division of Water Quality
Mr. Linwood Eason
32 Eason Elmore Road
Dunn, NC 28334
SUBJECT: Civil Penalty Payment Plan
File No. PC 00-051
Farm #82-138
Dear Mr. Eason:
June 11, 2004
CERTIFIED MAIL.
RETURN RECEIPT REQUESTED
DENR—FRO
JUN 17 2004
In August 2001, you requested a payment plan for the civil penalty of $2,136.38 that was
assessed against your farm. Our records show that your last payment was in December 2002 and
that you owe $534.38. According to the terms of the payment plan, failure to make the monthly
payments on schedule causes the unpaid balance to be immediately due and subject to a possible
collection action in Superior Court (see attached letter).
Within fifteen (15) days of receipt of this letter, please either send the balance due of $534.38
or resume your monthly payments of $89.00 in order to avoid legal action. If our records are in
error, please contact me at (919) 733-5083, ext. 539 or Keith Larick at (919) 733-5083, ext. 571.
Sincerely,
e-�4� zt--e�
Steve Lewis
Non -Discharge Compliance and Enforcement Unit
ATTACEiMENTS
cc: V- u Wa ls;_Fayetteville Regional Supervisor w/o attachment
File # PC 00-051 w/o attachment
Central Files w/o attachment
Customer Service: Waiting Address: Telephone (919) 733-5083
1-677-623-6748 1617 Mail Service Center Fax (9 19) 733-0059
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity/Affirmative Action Employer
50% recycled/ 10% post -consumer paper
http✓/h2o_ enr. $tate_nc. us
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NCDENR
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617
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March 21, 2000
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To Whom It May Concernr4'�FIG
This is in reference to a certified letter 1 received on March 17, 2000
for a violation on February 21, 2000 from an inspection by Jeffrey Brown.
The reason I was in violation was because back in the winter I had a
big problem with my irrigation reel which I had to find and purchase parts
to correct. The big snow and cold weather was also a problem. After I had
corrected the first problem with my reel, I was going to pull it out and start
pumping and the hose broke. I fixed the hose and again started to pull out
and pump and it broke again. I had to find and purchase another type of
repair kit, which is still in the hose.
I have installed a Bion Waste Treatment System and the lagoon level
gauge was installed incorrectly which I was not aware of
Since the violation I have submitted a POA to the Fayetteville DWQ
Office, have installed the lagoon level gauge correctly, have the lagoon
pumped down below the 19 inch freeboard and I am continuing to pump
daily as weather and wind will permit. I am checking the lagoon levels
daily and am working with Dan Baily, the county agent to get my spray field
set up correctly.
Sincerely,
Linwood K. Eason
Facility# 82-138
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVIL,LE REGIONAL OFFICE
DIVISION OF WATER QUALITY
March 15, 2000
Linwood Eason
32 Eason Elmore Road
Dunn, NC 28334
SUBJECT: NOTICE OF VIOLATION
Notice of Recommendation for Enforcement
Permit No. AWI 820138
Eason Farms, Inc.
Facility No. 82 -_45$' 1329
Sampson County
Dear Mr. Eason:
You are hereby notified that, having been permitted to have a non -discharge permit
for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have
been found to be in violation of your 2H .0217 Permit.
On February 21, 2000, staff from the Fayetteville Regional Office of the Division
of Water Quality performed an inspection of the Eason Farm, Inc. swine facility located
in Sampson County. The inspection revealed that the freeboard level in the last stage of
the waste management system was only 2 inches, which was determined to be less than
the minimum required in the General Permit for this facility. Please be advised that your
Permit condition I11.7.e states that "The Permittee shall report by telephone to the
Fayetteville Regional Office as soon as possible, but in no case more than 24 hours
following first knowledge of the occurrence of any of the following events: (e) Failure
to maintain adequate storage capacity in a lagoon or storage pond that poses an
immediate threat to public health or the environment.". Based on the liquid level
observed and by failing to report the level as required in your Permit, it has been
determined that you are in violation of your Permit. It was also determined that the liquid
level gauge within the waste structure did not accurately reflect the level within the
structure.
The Division of Water Quality requests that the following items be addressed:
1. If not already accomplished, lower the lagoon Ievel to the required. freeboard as
specified in your Certified Animal Waste Management Plan (CAWMP) and/or your
Permit in a manner that is consistent with your CAWMP and your Permit.
2. Please provide specific actions proposed to prevent future freeboard violations at this
facility, which are not in compliance with the CAWMP or the Permit.
225 GREEN STREET, SUITE 714 / SYsTEL BLq. FAYETTEVILLE, NORTH CAROLINA 26301-5043
PHONE 910-496-1541 FAX 910-486-0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 509E RECYCLED/10% POSTCONSUMER PAPER
Page 2
Eason Farm, Inc.
March 15, 2000
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation or any past or future violation.
You are hereby notified that based on the above information the Division of Water Quality is
considering -forwarding recommendation to the Director for consideration of enforcement for these
violations. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more
than $25,000.00 per day per violation_
If you have an explanation for these violations that you wish to present to this office please forward
a detailed explanation, in writing, of the events noted and why you feel that this office should not proceed
with recommendations for enforcement. This response should be received by this office on or before March
25, 2000. A copy of this response will also need to be submitted to the DWQ Central Office at the following:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1671
Information provided to this office and the DWQ Central Office will be reviewed and if enforcement
is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package
for his consideration.
If you have any questions concerning this matter, please do not hesitate to contact either Mr. Jeffery
Brown, Environmental Engineer or myself at (910) 486-1541.
XSinely,
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant - Compliance Group
Wilson Spencer - Sampson Co. NRCS
Trent Allen - DSWC Fayetteville Office
Central Files - Raleigh
Steve Lewis - Compliance Group
Ronnie Williams - Warren Swine Farm, Inc.
R1 . -•
a
State of North Carolina
Department of Environment
and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
DIVISION OF WATER QUALITY
January 12, 1998
Mr. Linwood Eason
307 Eason Elmore Road
Dunn, NC 28334
Subject: Notice of Violation
Administrative Code 15A NCAC 2H.0217
Eason Farm, Inc.
Facility No. 82-138
Sampson County
Dear Mr. Eason:
You are hereby notified that, having been deemed permitted to have a non discharge permit for the
subject animal waste disposal system pursuant to 15A NCAC 2H.0217, you have been found to be in
violation of your 2H .0217 Permit.
On January 8, 1998, staff from the Fayetteville Regional Office of the Division of Water Quality
performed a follow up inspection of your farm located off SR 1626 (Eason Elmore Road). The
inspection revealed that the waste level in both of your lagoons were in the emergency storage volume
area. Failure to maintain the liquid level at or below the emergency storage volume is a violation of your
deemed permitted status. No lagoon markers were installed in the lagoons to verify the actual liquid
level, however; the waste level was within 2 inches of overtopping in the smaller lagoon.
225 Green Street, Suite 714 FAX 910-486-0707
Fayettevilie, North Carolina 28301-5043 An Equal Opportunity Affirmative Action Employer
Telephone 910486-1541 50% recycled/10% post -consumer paper
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The Division of Water Quality requests that the following items be addressed:
Immediately begin waste application per your waste utilization plan on the appropriate fields as
weather permits.
2. Collect a waste analysis sample from the lagoon within 60 days of waste application and begin
maintaining records of waste application on the required forms (IRR -1 & IRR -2).
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement
actions for this violation or any past or future violation. Furthermore, the Division of Water Quality has
the authority to levy a civil penalty of not more than $10,000.00 per day per violation.
Please provide a written response to this office on or before February 6, 1998 regarding corrective
actions taken or planned. If you have any questions concerning this matter, please do not hesitate to
contact either myself or Mr. Bob Heath, Environmental Specialist, at (910) 486-1541.
Sincerely,
Kerr T. Stevens
Regional Supervisor
cc: Sue Homewood - Compliance Group
Wilson Spencer - Sampson Co. NRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh
State of North Carolina
rx Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Linwood Eason
Eason Farm Inc
307 Eason Elmore Rd
Dunn NC 28334
Dear Mr. Eason:
MI!WA
IDEHNR
April 3, 1997�� g
APR 0 7 1997
FhtETEL
REG. OFFICE
SUBJECT: Notice of Violation
Designation of Operator in Charge
Eason Farm Inc
Facility Number 82--138
Sampson 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.
PIease 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,
'7J.
for Steve W. Tedder, Chief
Water Quality Section
bb/awdeslet 1
cc: Fayetteville Regional Office
Facility File
Enclosure
P.O. Box 29535.�yFAX 919-733-2496
N%;CAn
Raleigh, North Carolina 27626-0535 Equal Opportunity/Affirmative Action Employer
Telephone 919-733-7015 50% recycles/ 10% post -consumer paper
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
January 27, 2011
CERTIFIED MAIL
RETURN RECEIPT REOUEST_ED
7001 2510 0000 6682 7621
Linwood Eason
32 Eason -Elmore Rd
Dunn, North Carolina 28334
Subject: NOTICE OF VIOLATION NOV-2010-PC-1248
Administrative Code 15A NCAC 2T .1304
Eason Farm Inc.; Facility No. 82-138; Permit No. AW1820138
Incident 201000875
Sampson County
Dear Mr. Eason:
Dee Freeman
Secretary
On February 11, 2010 staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section was
notified of a high freeboard level in lagoonl on your farm. We wish to thank you for notification and
assistance in the subsequent inspection and record review.
As a result of this process, you are hereby notified that, having been permitted to have a. non -discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC 2T .1304, you have been
found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Swine
Waste System General Permit No. AWG 100000 as follows:
Violation 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's CAWMP
in accordance with Condition V. 2. of Swine Waste System General Permit No. AWG100000. On
2/11/2010, your lagoon was documented at 14 inches of freeboard. A level of 19 inches is the maximum
level allowed by your permit and Certified Animal Waste Management Plan for the lagoon. Review of
your waste management records indicate that your freeboard issue was at least partly due to failure to
manage the wastewater by spraying during active crop periods.
Required Corrective Action for Violation 1:
Take all necessary steps to insure lagoon levels remain in compliance with Section V.2 of your permit.
AQUIFER PROTECTION SECTION
225 Green St., Ste. 714
Fayetteville, North Carolina 28301
Phone: 910-433-33001 FAX : 910-486-07071 Customer Service: 1-877-623-6748
Internet: www.h20.enr.state.nc.us
An 1=4ual oppariunay i AScmauve Action E; plover
One •�
NorthCarofina
Naturally
Mr. Linwood Eason
January 27, 2011
Page 2
Violation 2:
Failure to submit monitorinL, records in accordance .with Condition 111. 20. and 21. of Swine Waste
System Individual Permit No. AW[820138. These state that wastewater analyses shall be conducted and
submitted quarterly to the Division and Fayetteville Regional Office.
The requirement to send in records was mentioned in Compliance Inspections conducted in 2007, 2009,
and 2010. To date neither the Division in Raleigh nor the Fayetteville Office have received any records.
Required Corrective Action for Violation 2:
Please submit copies of Waste Analysis Reports, Soil Fertility Analyses, rainfall, freeboard, and spray
records from 2/15/2006 to the present, or as many as are available for that time period, on or before
Fehruary 25, 2011. Please include a key or sketch map explaining .which waste samples were taken
from each lagoon, pond, or other location in the waste system, and which soil tests were from which spray
fields. Also include any information you have, or can reasonably reconstruct, as to dates the entire waste
system was operational. Please send later anv additional records generated before issuance of the new
permit.
The mailing addresses for records are:
Division of Water Quality
Animal Feeding Operations Unit
Attn: Christine Lawson
1636 Mail Service Center
Raleigh NC 27699-1636
Fayetteville Regional Office
Attn: Joan Schneier
225 Green St., Suite 714
Fayetteville NC 28301
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to
the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that
twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance
with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A.
If you have any questions concerning this Notice, please contact Joan Schneier or me at (910) 433-3300.
Sincerely,
�Steph'enf�
rnhardt
Environmental Program Supervisor
cc: Keith Larick CAFO Unit
NCDSWC-FRO, Danny Edwards
FRO Compliance Animal Files
4
Water Resources
ENVIRONMENTAL QUALITY
September 9, 2016
CERTIFIED MALL #70101870 0003 4774 3381
RETURN RECELPT REQUESTED ' -
Eason Farms Inc
32 Eason -Elmore Rd.
Dunn NC 28334
Dear Mr. Eason:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Subject: NOTICE OF DEFMCIENCY
Eason Farms Inc.
AW1820i38
Sampson County
NOD -2016 -PC -0401
Seca:ary
S. JAY ZIMMERMAN
Director
On August 23, 2016 staff of the NC Division of Water Resources (DVIR), Water Quality Regional
Operations Section (WQROS) inspected the Eason Farms Inc. and the permitted waste disposal system.
We wish to thank Mr. Linwood Eason, who was present and assisted during the inspection.
As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge
permit for the subject animal waste disposal system pursuant to I5ANCAC 2T .1304, you have been
found to be in violation of your permit as follows:
Deficiency 1:
Failure to operate your Bion Nutrient System in accordance with the facility's Certified Animal Waste
Management Plan (CAWMP) in accordance with Condition 11. 1, of Swine Waste System General Permit
No. AWG 100000.
On August 23, 2016 it was documented that only one aerator was. operating in the fust lined lagoon in
your Bion system. The other lined lagoons did not have any aeration equipment in them as specified in
your Certificates of Coverage (COC).
Required Corrective Action for Deficiency 1:
By December 1, 2016 you must have the Bion Nutrient System operating as specified in your COC or
redesign the system with complete design documentation submitted for approval by DWR, third option is
to do away with the Bion Nutrient System and revert back to a General Permit with complete
State of North Carolina � Environmental Quality I Water Rearnuces
225 Or= Street -Suite 7141 Fayetteville, North Carolina 26301-5043
910-433-3300
W. Eason
September 9, 2016
Page 2
documentation of a new CAWMP. This plan will include any additional land added along with new
irrigation design. This plan must be submitted for approval prior to implementation.
Deficiency 2:
Failure to apply waste as designated in your CAWMP in accordance with condition 112.
On August 23, 2016 it was documented that you could not find any irrigation -design -for applying -waste ----
with your airway system. Your irrigation design is for reels not airway system.
Required corrective action for Deficiency 2:
By December 1, 2016 have a new irrigation design for the airway -system for all fields in your revised
WUP that will include the new fields that you plan to add. If you add a pivot as discussed provide an
irrigation design for the new pivot.
The information requested in the corrective actions of Deficiency 1&2 must be submitted to our office.
When the new CAWMP is finished contact the FRO for a follow-up inspection.
If you have any questions concerning this Notice, please contact me at (910) 433-3300
Sincerely,
a , i;
Belinda S. Henson
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc. Sampson County Soil and Water Conservation District
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