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