HomeMy WebLinkAbout820530_ENFORCEMENT_20171231NORTH CAROLINA
Department of Environmental Qua
Wanda K. Powell
120 Deer Run Road
Hampstead, NC 28443
(910) 592-8495
July 20, 2015
NCDENR
Attn: Belinda S. Henson, Regional Supervisor
225 Green Street -Suite 714
Fayetteville, NC 28301
RE: Notice of Violation
Dear Ms. Henson:
The following is in response to your letter dated June 22, 2015.
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Violation 1:
I was informed by the Manager In Charge of A&W Farms that the documentation had been taken care of.
When the inspection was done, I found out that the documentation had not been done. Therefore, the
Manager In Charge was fired and I took over the management of A&W Farms on June 1, 2015.
Required Corrective Action for Violation 2:
1. 1 do not have an explanation from the Manager In Charge regarding how the violation occurred other than it
just wasn't done. Therefore, the Manager In Charge was terminated and I took over the management
of A&W Farms.
The steps that are being taken for future prevention:
* The Manager In Charge has been terminated and I have taken over the management of A&W Farms.
* I have been taking care of the records since June 1, 2015.
* A&W Farms is currently under contract to be sold.
* I have been in contact with my inspector to make sure that my records are in compliance until
the new owners take over.
Sincerely,
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North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
June 22, 2015
CERTIFIED MAIL 7012 3050 0001 9398 4125
RETURN RECEIPT REOUSTED
Ms. Wanda Powell
5694 Taylors Bridge Hwy.
Clinton NC 28328-9027
Subject: NOTICE OF VIOLATION
Administrative Code l5A NCAC 2T . 13 04
NOV-2015-PC-0162
A&W Farms 9-13, Facility No. 82-530, Permit No. AWS820530
Sampson County
Dear Ms. Wanda Powell:
On June 19, 2015, staff of the Division of Water Resources (DWR), Water Quality Regional Operations
Section (WQROS), conducted a follow-up inspection at the A&W Farm 9-13 and the permitted waste
disposal system. We wish to thank Ms. Wanda Powell, 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 15A NCAC 2T .1304, you have been
found to be in violation of your permit as follows:
Violation 1:
Failure to provide documentation for monitoring and reporting requirements as required in your Permit
and Certified Animal Waste Management Plan (Permit No AWG 100000 Section III 1,2a,3 a,6, and 7).
On June 19, 2015 no records were provided to document the required monitoring and reporting of the
following; monthly and after storm events of greater than one (1) inch inspection of waste collection and
storage structures., recording of weekly freeboard levels, precipitation events, land application events
(IRR I or 2), waste transfer records as required in accordance with your permit.
The last records provided were partial for 2014 and no records for 2015 till June 1, 2015.
You were given from January 26, 2015 (date of routine compliance inspection) till your follow-up
inspection June 19, 2015 to provide any documentation for the above listed items that were not available
the day of the routine inspection. No additional records were provided the day of the follow-up
inspection.
225 Green Street -Suite 714, Fayetteville, NC 28301
Phone: 910.433-33001 Internet: www.nodenr.gov
An Equai Opportunity 1Afflandvek0on Employer — glade in part by recycled paper
Ms. Powell
June 22, 2015
Page 2
I
Required Corrective Action for Violation 2:
If you have not already done so, start immediately monitoring and recording the items listed above as
required in your permit.
The Division of Water Resources requests that, in addition to the specified corrective action above, please
submit the following items on or before July 31, 2015:
1. An explanation from the OIC far this farm regarding how this violation occurred.
2. A listfrom the OIC concerning the steps that will be taken to prevent this violation from
occurring in the future.
You are required to take any necessary action to correct the above violations on or before July 31,
2015 and to provide a written response to this Notice by July 31, 2015. Please include in your
response all corrective actions already taken and a schedule for completion of any corrective actions not
addressed.
Please note that assessment of civil penalties may have already been recommended for violations
described within this Notice of Violation. Failure to comply with the State's rules, in the manner and
time specified, may result in the assessment of additional civil penalties and/or the use of other
enforcement mechanisms available to the State.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to
the Director of the Division of Water Resources 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 Steve Guyton or me at (910) 433-3300.
Sincerely,
Belinda S. Henson
Regional Supervisor
Water Quality Regional Operations Section
Division Of Water Resources
cc: Christine Lawson CAFO Unit
Prestage Farms
FRO DWR files
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