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HomeMy WebLinkAbout400106_ENFORCEMENT_20171231NORTH CAROLINA Department of Environmental Qual ENFORCEMENT ENFORCEMENT ENFORCEMENT State of North Carolina Department of Environment, Health and Natural Resources Division of Wafer Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A, Preston Howard, Jr., P.E., Director April 3, 1997 James Jones James Jones Swine Farm Rt 3 Box 504 Snow Hill NC 28580 SUBJECT: Dear Mr. Jones: RECEIVED WASHINGTON OFFICE APR 0 7 1997 ti 0.Ew Notice of Violation Designation of Operator in Charge James Jones Swine Farm Facility Number 40--106 Greene 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, 1. for Steve W. Tedder, Chief Water Quality Section bb/awdesletl cc: Washington Regional Office Facility File Enclosure P.O. Box 29535, N�� FAX 919-733-2496 Raleigh, North Carolina 27626-0535 ��C An Equal Opportunity/Affirmative Action Employer Telephone 919-733-7015 50°� recycles/10% post -consumer paper State of North Carolina Department of Environment, LT.KMAI Health and Natural Resources 4 Division of Environmental Management A�J James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary 1:3 E H N F 1 A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL November 15, 1995 WASH N�O- , RETURN RECEIPT REQUESTED oFFlcg MR. JAMES ALTON JONES NOV 2 r 1995 JAMES ALTON JONES SWINE OPERATION 4 At ROUTE 3, BOX 504 SNOW HILL, NC 28580 Subject: Notice of Violation # 95-46 Notice of Intent to Revoke Deemed Permit James Alton Jones Swine Operation Farm Number 40-106 Greene County Dear Mr. Jones: You are hereby notified that, having been deemed permitted to have a nondischarge 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 July 17, 1995, wastewater from your operation was observed discharging from a broken line between the hog house and the lagoon. This wastewater flowed into an unnamed tributary to Cow Branch which is classified as C Sw NSW within the Neuse River Basin. Photographs were taken which indicated that a discharge event had occurred. In accordance with the requirements of NCAC 211.0213, you are hereby given notice that sixty (60) days following your receipt of this letter, the Division of Environmental Management intends to revoke your permit unless the following conditions are completed: 1. Immediately eliminate the discharge of wastewater or correct the violation. 2. Make any modifications needed to ensure there will be no future discharges. 3. Submit an approved animal waste management plan and have the attached certification form completed. One copy of the plan must be sent to your local Soil and Water Conservation District. The certification form and two (2) copies of your plan must be returned to the address below: Division of Environmental Management Water Quality Section Operations Branch P.O. Box 29535 Raleigh, NC 27626-0535 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 r Failure to comply with the above conditions will result in permit revocation and therefore, the existing animal waste management system serving your animal operation will be in operation without a permit as required by North Carolina General Statute 143-215.1. Your approved animal waste management plan must explain how you will collect, store, treat and land apply your animal waste in an environmentally acceptable manner. To assist you in the development of this plan and to provide the required certification that the plan is acceptable, you should contact your local agricultural agencies such as the Soil and Water Conservation District, the USDA Natural Resource Conservation Service, the North Carolina Cooperative Extension Service or a technical specialist designated pursuant to the rules adopted by the Soil and Water Conservation Commission. If we have not received the requested animal waste management plan and certification within 60 days of receipt of this letter or if there are additional discharges to the surface water a civil penalty of up to $10,000 may be assessed and you may be required to apply for an individual nondischarge permit from the Division. Please find attached a permit application which must be completed and returned if you wish to apply for an individual nondischarge permit. This permit, if issued, will contain monitoring and reporting requirements determined to be necessary by the Division. Although we will make every effort to work with you in correcting the problems found at your facility, please be advised that nothing in this letter should be taken as preventing the Division from taking appropiate enforcement actions for either these violations or other past or future violations. If you have any questions concerning this matter please do not hesitate to contact either Roger Thorpe, Water Quality Regional Supervisor for our Washington Regional Office at (919) 946-6481 or Mr. Shannon Langley at (919) 733-5083, ext. 581. Sincerely, f A. Preston Howard, Jr., P.E. ATTACHMENTS cc: Regional Water Quality Supervisor Greene County Soil and Water Conservation District Pat Hooper - Regional Coordinator, NC DSWC Compliance/Enforcement File Deidre Debruhl-Greene NRCS