400112_ENFORCEMENT_20171231

NORTH CAROLINA �
department of Environmental Qua

ENFORCEMENT
ENFORCEMENT
ENFORCEMENT

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State of North Carolina
Department of Environment ` � f
and Natural Resources Won
Division of Water Quality
Washington Regional Office NCDENR
James B. Hunt, Jr,, Governor NORTH CAROLINA OEPARTMENT OF
Bill Holman, Secretary ENVIRONMENT AND NATURAL RESOURCES
Kerr T. Stevens, Director
March 31, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Ronald Murphy
Route 2, Box 455
Snow Hill, NC 28580
Subject: NOTICE OF VIOLATION/ NOTICE OF
RECOMMENDATION FOR ENFORCEMENT
Operation of a Treatment Works and Disposal
System Without a Permit
Greene County
Dear Mr. Murphy:
This letter is to notify you that the Washington Regional Office of the Division of Water Quality
is considering sending a recommendation for enforcement action to the Director of the Division
of Water Quality. The recommendation concerns the violation of North Carolina General Statute
(NCGS or G. S.) 143-215.1(a)(2) which requires, among other things, that you apply for and
receive a permit before you operate any treatment works or disposal system within the State.
The treatment and disposal system is located off NC Hwy 258 approximately five miles south of
Snow Hill in Pitt County. On March 28, 2000, Carl Dunn and Kim Cole of the Washington
Regional Office observed a truck washing operation discharging into an abandoned animal waste
lagoon. The wastewater passes through two lagoons and is sprayed onto a 3.5 acre field.
You are hereby advised that this system is being operated without a permit and as such
constitutes a violation of NCGS 143-215. 1 (a)(2) which requires among other things, that you
apply for and receive a permit from the Environmental Management Commission before you
operate any treatment works or disposal system within the State.
You are also advised that NCGS 143-215.6 provides that "a civil penalty... may be assessed by
the Environmental Management Commission against any person who... is required but fails to
secure a permit required by G. S. 143-215.1." NCGS 143-215.6 further provides that "if any
action or failure to act... is continuous, the Environmental Management Commission may assess
a penalty ... per day for so long as the violation continues."

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If you have an explanation for these this violation that you wish to present, please respond to the
Washington Regional Office within 10 days after receipt of this Notice. 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.
If you should have any questions regarding these matters, you may contact Kim Cole in this
office at [phone] ext. 317
Sincerely,
Chu'
J Mulligan
Water Quality Regional Supervisor
Washington Region
Division of Water Quality
Cc: WaRO
Non -Discharge Compliance/Enforcement Unit
Central Files
943 Washington Square Mall, Washington, North Carolina 27889
Telephone [phone] FAX [phone]
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State of North Carolina.
Deparment of Environment,
Health and Natural Resources
Division of Water Quality
James 7-, Hunt, Jr., Governor
Jonathcn B. Howes, Secretary
A. Pres-lon Howard, Jr., P.E., Director
Ronald Murphy
R & N Swine
Rt 2 Box 455
Snow Hill NC 28580
Dear Mr. Murphy:
1�•
April 3, 1997 WASHING oN OFFICE
APR 0 7 1997
D. E M.
SUBJECT: Notice of Violation
Designation of Operator in Charge
R.& N Swine
Facility Number 40--112
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 [phone].
Sincerely,
)"41 1.'X44_
for Steve W. Tedder, Chief
Water Quality Section
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cc: Washington Regional Office
Facility File
Enclosure
P.O. Box 29535, 04 FAX [phone]
Raleigh, ; ,orth Carolina 27626-0535 �ff An Equal Opportunity/Affirmative Action Employer
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