Loading...
HomeMy WebLinkAbout370003_ENFORCEMENT_20171231NORTH CAROLINA Department of Environmental Qua ENFORCEMENT ENFORCEMENT ENFORCEMENT WA 7F9pG Michael F. Easley, Governor AWilliam G. Ross Jr., Secretary �] t— North Carolina Department of Environment and Natural Resources 0 Alan W. Klimek, P.E. Director Division of Water Quality Aquifer Protection Section August 11, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7003 3110 0002 0578 6613 Mr.George Lang 160 US Hwy. 158 W Gatesville, NC 27938 SUBJECT: NOTICE OF VIOLATION Animal Feedlot Operation Compliance Inspection George Lang Farm Facility No. 37-03 Gates County Dear Mr. Lang: This letter is to notify you that the subject facility is in violation of its Certified Animal Waste Management Plan, General Permit, Title 15A North Carolina Administrative Code, Subchapter 2H, Section .0217(d) and N.C.G.S. 143-215.1. On June 16, 2004, Scott Vinson from the Washington Regional Office of the Division of Water Quality (DWQ) conducted an Animal Feedlot Operation Compliance Inspection at George Lang Farm in Gates County. A copy of the inspection report is attached for your review. In general, the Compliance Inspection was to determine if: (1) the farm has a Certified Animal Waste Management Plan (CAWMP); (2) the farm is complying with requirements 'of the State Rules 15 NCAC 2H.0217, Senate Bill 1217, and the Certified Animal Waste Management Plan; (3) the farm operation's waste management system is being operated properly under the direction of a Certified Operator; (4) the required records are being kept; and that (5) there are no signs of seepage, erosion, and/or runoff. The following violations were observed during the inspection: There were applications on the corn crop in June and July of 2003 that did not have a current waste analysis. In accordance with condition Ill, item 4 of your General Permit, an analysis of animal waste shall be conducted as close to the time of application as practical and at least within 60 days (before or after) of date of application. The analysis shall include the following parameters: Nitrogen, Phosphorus, zinc and Copper: It is very important as the owner and/or the Operator in Charge that these aforementioned violations and any other problems that may arise be resolved, as soon as possible. For additional assistance, please contact your Technical Specialist. You are requested to respond in writing within ten (10) days of receipt of this Notice, outlining the corrective actions that have been undertaken and/or have been planned to address these violations and any further actions taken to prevent future violations of this nature from occurring. Your explanation will be reviewed and if an enforcement action- is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. Please be advised that this letter does not prevent the Division of Water Quality from taking enforcement actions for past or future violations. riu Carol,na tU itt; North Caroline Division of Water Quality Washington Regional Office Phone (252) 946-6481 Customer Service Internet: h2o.enr.state.ne.us 943 Washington Square Mall, Washington, NC 27889 FAX (252) 946-9215 1-877-623-6748 An.Equal 4pportunWAffirmative Action Employer — 50°% Recycled/10°% Post Consumer Paper Page Two Notice of Violation August 11, 2004 George tang Farm Thank you for your cooperation and assistance. if you have any questions concerning this matter, please contact me at 252-946-6481, ext. 335 or Scott Vinson at ext. 208. Sincerely, Willie Hardison Regional Supervisor Aquifer Protection Section cc: Bertie County SWCD Office DSWC-Wa RO {ion -Discharge Compliance and Enforcement Unit DWQ Central Files WaRO SAV Files WHlsav U.S. Postal Service,r.� I CERTIFIED MAILTh RA. ECEIPT (Domestic Ma11 Only; No Insurance Coverage i,,idId) C3 ru p CerWWd Fee o ©jai KOM rr-q-q AeatrlcEed Delivery Fee S Rd019B1TIBr1f Requtrad} .` �1 �OP N C a m - --a i a io o Mr. George Lang N r` ;,;�;;;;�:; 160 US Hwy 158 �f c, or PO eox o. Galesville, NC 2793 Lis° Type of Visit O Compliance Inspection O Operation Review O Lagoon Evaluation Reason for Visit O Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access Facility Number 37 3 Date of Visit: 6/16/2004 Tinie: 11:45 Q Not O erational Q .Below Threshold ® Permitted ® Certified © Conditionally Certified 13 Registered Date Last Operated or Above Threshold Farm Name: GeoASP.Lfl.Qg.F rM......................... .. ......... County: Qalca .................................................. WARQ........ Owner Name: Guirgo................................... LalAI;,.J.r................................. Mailing Address: Phone No: 25.2-3,57-10.7.7........................................................... G.a l g syil l.C. N.0........................................................ 1.7.93.8 ............. FacilityContact: ..............................................................................Title:................................................................ Phone No: Onsite Representative: („ ? ,, '... ............................................... integrator: lYlllxi?11y..11AcltYn..:....A.............. Certified Operator: Gtrarge..L.............................. Lang.k ............................................ Operator Certification Nuniber:1,93.6A ............................. Location of Farm: ® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 36 • 27 L li5 « Longitude 76 0. 42 9 30 « Design Current Design Current Design Current Swine Capacity Population Poultry Capacity Population Cattle Capacity Population ® Wean to Feeder 7000 6000 JE3 Layer ❑ Dairy ❑ Feeder to Finish ❑ Non -Layer ❑ Non -Dairy ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Other ❑ Farrow to Finish Total Design Capacity 7,000 ❑ Gilts Total SSLW 210,000 ❑ Boars Number of Lagoons Discharges & Stream ]fninacts 1. is any discharge observed from any part of the operation? Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) 2. Is there evidence of past discharge from any part of the operation? ❑ Yes ® No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ® No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ® No Structure 1 Structure 2 Structure 3 Structure 4 Stnicture 5 Structure 6 Identifier: ..................................................................................................................................................................................... Freeboard (inches): 34 12/11/03 Continued 7-7 /Facility Number: 37-3 Date of Inspection 6/1612004 5. Are there any immediate threats to the integrity of any of the structures observed? (iel trees, severe erosion, seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? . (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? 8. Does any part of the waste management system other than waste structures require maintenance/improvement? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? Waste Application 10. Are there any buffers that need maintenance/improvement? 11. Is there evidence of over application? If yes, check the appropriate box below: ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Frozen Ground ❑ Copper and/or Zinc ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No 12. Crop type Cotton Corn, Soybeans, Wheat 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ® No 14. a) Does the facility lack adequate acreage for land application? b) Does the facility need a wettable acre determination? c) This facility is pended for a wettable acre determination? 15. Does the receiving crop need improvement? 16. Is there a lack of adequate waste application equipment? Odor Issues 17. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below liquid level of lagoon or storage pond with no agitation? 18. Are there any dead animals not disposed of properly within 24 hours? 19. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, roads, building structure, and/or public property) 20. At the time of the inspection did the facility pose an odor or air quality concern? If yes, contact a regional Air Quality representative immediately. ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ® No ❑ Yes ® No ❑ Yes ❑ No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No 12112103 Continued Facility Number: 37Date of Inspection 61I612004 Required .Records & Documents 21. Fail to have Certificate of Coverage & General Permit or other Permit readily available? ❑ Yes N No 22. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) ❑ Yes N No 23. Does record keeping need improvement? If yes, check the appropriate box below. N Yes ❑ No ❑ Waste Application ❑ Freeboard ❑ Waste Analysis ❑ Soil Sampling 24. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes N No 25. Did the facility fail to have a actively certified operator in charge? ❑ Yes N No 26. Fail to notify regional DWQ of emergency situations as required by General Permit? (icl discharge, freeboard problems, over application) - ❑ Yes N No 27. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes N No 28. Does facility require a follow-up visit by same agency? ❑ Yes N No 29. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes N No NPDES Permitted Facilities 30. Is the facility covered under a NPDES Permit? (If no, skip questions 31-35) ❑ Yes N No 31. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes ❑ No 32. Did the facility fail to install and maintain a rain gauge? ❑ Yes ❑ No 33. Did the facility fail to conduct an annual sludge survey? ❑ Yes ❑ No 34. Did the facility fail to calibrate waste application equipment? ❑ Yes ❑ No 35. Does record keeping for NPDES required forms need improvement? If yes, check the appropriate box below. ❑ Yes ❑ No ❑ Stocking Form ❑ Crop Yieid Form []Rainfall ❑ Inspection After 1" Rain ❑ 120 Minute Inspections ❑ Annual Certification Form ❑ No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. 12112103 160 US Hwy 158 W Gatesville, NC 27938 Aug. 28, 2004 DWQ Washington Regional Office 943 Washington Square Mall Washington, NC 27889 Dear Mr. Willie Hardison, I am writing in response to your letter dated Aug. 11,2004, referencing a violation on my farm- Facility No. 37-03; said violation being application on my corn crop in June and July of 2003 with no current waste analysis. During this time my father was in the hospital. The doctors gave us little hope for his recovery, and I spent every minute possible at the hospital. I regretfully admit that during this time I forgot to pull a waste analysis. Thankfully, Dad has recovered and my frame of mind has greatly improved. I continue to do a better job now and in the future. Sincerely, l 5 EP 8 2004 WASFiINGIQN' RE iO UfFIGE Dwo V RV State of North Carolina Department of Environment and Natural Resources .Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary KcrrT. Stevens, Dircelor CERTIFIED MAIL RETURN RECEIPT REQUESTED October 12, 1999 Mr. George Lang George Lang Farm 160 US HWY 158 West Gatesville, North Carolina 27938 SUBJECT: Notice of Deficiency Animal Feedlot Operation Site Inspection George Lang Farm Facility No. # 37-3 Gates County Dear Mr. Lang: Enclosed please find a copy of the Animal Feedlot Operation Site Inspection (as it is viewed in DWQ database) conducted at the referenced facility by the Division of Water Quality from the�,Washington Regional Office. Please read this inspection and keep it Y with all other [14cbjucnts pertaining to your animal operation for future inspections. In general, this inspection included verifying that: (1) the farm is complying with requirements of the State Rules 15 NCAC 2H.0217, Senate Bill 1217, the Certified Animal Waste Management Plan and/or General Permit; (2) determine whether the waste utilization plan is based on total or actual wetted acres; (3) the farm operation's waste management system is being operated properly under the direction of a Certified Operator; 4 the required records are bein ► kept; 5) there are no signs of seepage,erosion and/or �) q g p•� g , runoff. The following deficiencies were observed during the inspection(s). (p There were visual signs of a spill from one of tile houses onto the ground. The spill resulted from feed spills in the house causing the lines to clog. The wastewater did not reach surface water. It is advised to develop a plan to evaluate the houses more often to prevent any other spill. W Washington Square Mall, Washington, North Carolina 27889 Telephone 252-946.6481 FAX 252-946-9215 An Equal Opportunity Affirmative Action Employer (p Rainwater is ponding between the houses and there are signs of erosion along the backside of the house. It is advised to consult with your Technical Specialist for guidance on how to improve the stormwater diversion area. (p In accordance with condition Ili, item 4 of your General Permit, an analysis of animal waste shall be conducted as close to the time of application as practical and at least within 60 days (before or after) of date of application. The analysis shall include the following parameters: Nitrogen, Phosphorus, Zinc and Copper. (p During the inspection, the lagoon level was recorded at approximately 16 inches. Please be advised that in accordance to the General Permit, you will be required to maintained freeboard levels that equals the design criteria of your structural freeboard (12") plus your 24 hour, 25 year storm. It is very- important as the owner and the Operator in Charge that you resolve these aforementioned deficiencies and any other problems that may arise, as soon as possible. For additional assistance, contact your Technician Specialist. Nothing in this Letter should be taken as absolving this facility of the responsibility and liability of any violations that have resulted or may result from these deficiencies. Failure to comply with your Certified Animal Waste Management Plan and General Permit could result in civil penalty assessment and/or revocation of your General Permit. Thank you for your assistance and cooperation during the inspection. If you have any questions, please contact me at 252/946-6481, ext. 318 or your Technical Specialist. Sincerely, 491 til. Ly . Hardison Environmental Specialist Cc: Gates SWCD Office DSWC-WaRO (w/out attachments) Compliance Group (w/out attachments) WQ Central Files rya RO LBH files 943 Washington Square Mall, Washington, North Carolina 27W9 Telephone 252-946-6481 FAX 252-946-9215 An Equal Opportunity Affirmative Adbn Employer ?'. ne p uompfamt p f�ollow-up or uwy inspection O I'Facifitr�;Nurnbcr p Permitted ■ Certified p Conditionally Certified) p Registered Farm Naine: Gege.L,arxg..Fariu.............................................................. OwnerName: Geafrge................................... Lang ............................................................ Phone No: 252-35.7.-1117.2.... ............................................. ......... F r,ciMy Cantml................................................................................'Title: Phone No: Mailing Address:.1.G1l.US.Rwy..1-5K.West...................................................................... Gattsville.N.0 ........................................................ 27938 .............. Opsite Representative: ..................................................... InteKralor:.W.itlJxaxns.Eaxnts..a�.11[C,.ir>t».............................. Certified Operator:G.eA.rge-L.............................. Lang..Ir............................................. Operator Certification Number-.193. 8............................ Location offarm: Latitude Longitude ©• ®4 . Swine Capacity Population ®W can to T ee d er 7000 p Feeder to Finish 13 Farrow to can Farrow to ee er 0 Farrow to Finish ❑ Gilts Boars Design Current DesignCurrent Poultry Capacity Population Cattle Capacity- Population-°' ❑ Layer ❑ Dairy p Non -Layer [3 on- airy ❑ Other Total Design Capacity 7,000 Total SSLW , 210,000 Number of Lagoons I cF3Substirtacel)raiiisilreseii!]IC3Lagooii7irea JC3 Spray Field AreaOr r Molding,Ponds'ISolid Trap s ❑ o tquf rite anagement ystern „� Mscharf:es & Streanf Impacts 1. Is any discharge observed from any part of the operation? p Yes gi No Discharge originated at: El Lagoon [3 Spray Field ❑Other a. il'di.scharge is observed, was the conveyance man-made? ❑ Yes ® No b. II'dischargc is observed, did I[ 1'C1e11 WiltCl' O1 tllc State? (ll yCS, notify DWQ) ❑ Yes ® No c. lfdischarge is ohservecl, what is the estimated flow in gamin". d. Does discharge bypass a lagoon system? (]fyes, notify DWQ) ❑ Yes ® No -2. Is there evidence of past dischafe from any part of the operation? ® Yes p No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes R No Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? O Spillway ® Yes ❑ No Structure 1 Structure 2 Stl'CIC'tnre 3 Structure 4 SIRICtUre a Structure 6 Identifier: ......................................... I ............... I ............ .............. I..................... Freeboard(inclfes):.... ....... ....1.6................ ................................... .................................... .................................... .................................... .................................... S. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, 17 Yes I+a No =&r: 37--3 hale (it' Inslfectinn 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? 8. Does any part of the waste management system other than waste structures require maintenance/improvement? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? Waste Application 10. Are there any buffers that need maintenance/improvement? 11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN 12. Crop type Corn, wheat Cotton, wheat Soybeans, wheat 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? 14. a) Does the facility lack adequate acreage for land application? b) Does the facility need a wettable acre determination? c) This facility is pended for a wettable acre determination? 15. Does the receiving crop need improvement? 16. Is there a lack of adequate waste application equipment? 11 Required Records & Documents 11. Fail to have Certificate of Coverage & General Permit readily available? 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 21. Did the facility fail to have a actively certified operator in charge? 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? 24. Does facility require a follow-up visit by same agency? 25, Were any additional problems noted which cause noncompliance of the Certified AWMP? d•' No.vitil•atioits•or: Ae*ficien-&e's.were noted Apring. tlYis .visit.'' 'au` will ye-ive na fitrtlter. .. • cor�esA�ndencc, about t�tis:visit; • : .. ..... . .. .... . . . ..: .: : : answers,and/or,anyhrecommendations or,nny other commen 'fr'S^,:n q, �,.�E .':.: .1 ; _}.'`K , �A.:A,„f��Ynr,-. ,, anew• :�Yn h;Yu:S'.. .�..:.__ .x. y�; ta:%e pl:I ❑ Yes ® No ® Yes p No ® Yes ❑ No p Yes ®No p Yes ®No []Yes M No ❑ Yes ® No ❑ Yes ® No ❑ Yes M No ❑-Yes M No ❑ Yes M No:. p Yes ®No ❑ Yes ❑ No p Yes M No M Yes p No'. ❑ Yes M No I` p Yes M No ❑ Yes -M No ❑ Yes ® No [j'Yes ®No..,, []Yes M No `. . eases,the.houses .Mr. Lang handles the waste. `^� "'� V -lei: �...• ., — iillspi houses,jlmes have clogged and caused small,spills through foundation,Tans; ,Waste ponded on ground' tl �%i'p �t4�Sljyr +� . IV.2'& 34 1Dtd not reach surfacd.waters. kt pump as"soon as possible , n' needs to`be'routinely•r'" ' oved and continue addressing vegetation otr'dike wall: ithouses are washing away and/or ponding water. Need to-addi•ess these areas so that the foundations are not Reviewer/Inspector Name Lyn B €Har�dtson x` Entered by-Ann,Tyn'dall . Reviewei-Auspector Signature: Date: -19 S [Facility Number: 37_3 Il:llc 111' Inspucliall Odor Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ Yes ® No liquid level of lagoon or storage pond with no agitation? t 27, Are there any dead animals not disposed of properly within 24 hours? ; . ❑ Yes ® No ; 28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ® No roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? []Yes ® No 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ®:No 31. Do the animals feed storage bins tail to have appropriate cover? p Yes ® No 32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? p Yes ® No Address' the'weeds}behind houses*1-3.and consult with your technical specialist for guidance on the stormwater diversion area and AL egetation'nffor this r`ea�ta�act?as`a'Eiuffer. .' .. Factlity'ts,not ermttted.`Be in;r6cordin freeboard levels now to prepare for the requirement. F P g g P P q 19"Wast�eybya�na3ly7stsisrequtred'`.within 60 days of application. Suggest to sample quarterly. 5:.� Continue to work oniotr;dike wall; 7rt stotwater diversion area.. 1 youha a arry gnestions,.please'contact me at'-252-946-648I, extension318: Integrator;card given 1€ 1 I'ry4L4ti 01i p ey j r - ��i. .i'}•'i E l •tjs iC 1 'i �iE-r'i` ' '. ' 3 dT ., r }r s � ,1 rLY � • , s ° 1 i , V �'; S tt ri'sp �«�!��;�`amku••f. � 6 III :'a