HomeMy WebLinkAbout820555_ENFORCEMENT_20171231NORTH CAROLINA
Department of Environmental Quay
e,
State of North State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
April 9, 2002
MR JACKIE BASS
JACKIE BASS SWINE FARM
2642 HUNTER ROAD
CLINTON NC 28328
AL71.94A,
14
D E N R
PRJ�AFERltrrn1 -:- _ 6'
SUBJECT: Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case # CD 93-007
Farm # 82-555
Sampson County
Dear Mr. Bass:
This letter is to acknowledge receipt of check # 90526034621 for $60.00 was
received on April 9, 2002.
Payment of these penalties in no way precludes further action by this Division
for future violations of the State's environmental laws. I am returning your check that
was NSF to you and your account has been marked off as paid.
If you have any questions about this letter please call Steve Lewis at (919) 733-
5083 ext. 539.
SL/twj
Cc: Fayetteville Regional Office
Enforcement Files CD 93-007
Central Files
Sincerely,
/Jeff Poupart, Supervisor
Non -Discharge Compliance/Enforcement
App j16 2002
1617 Mail Service Center, Raleigh, North Carolina 27699-1617Telephone 919-733-5083FAX 919-715-6048
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D. Acting Director
Mr. Jackie Bass
2642 Hunter Road
Clinton, NC 28328-5920
Dear Mr. Bass:
NCDENR
NOFrTH G.ROUWA DEPARTMENT OF
ENMRONMEW ANo NArumm- RE,gl,lRcEs
Apri15, 2002 [) E NI R -FRO w
APR 12
Y
RE: Remission of Balance of Civil Penalty
File # CD 93-007
Based on the fact that the discharge at your facility was inadvertent, I have decided to remit
the balance of your civil penalty. This case is now closed. Thank you for your good faith effort to
pay the civil penalty.
cc: fob Heath—FRO
CD 93-007
Mailing Address: Telephone (919) 733-5083
1617 Nlail Service Center Fax (919) 733-0059
Raleigh. North Carolina 27699-1617 State Courier #52-01-01
An Equal Qpportuniny 1 Affirmative Acrion Employer
50% recycled / 10% post -consumer paper
htrp://h2o. enr.state.nc-us
Location:
512 N- Salisbury St.
Raleigh. NC 27699-1617
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
February 25, 2002
MR JACKIE BASS
JACKS BASS SWINE FARM
2642 HUNTER ROAD
CLINTON NC 28328
A"40
OOM
1,
D E N R.
SUBJECT: Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case # CD 93-007
Farm # 82-555
Sampson County
Dear Mr. Bass:
This letter is to acknowledge receipt of your checks No. 887 in the amount of $30.00
received on February 21, 2002.
Payment of these penalties in no way precludes further action by this Division for future
violations of the State's environmental laws.
If you have any questions please call Steve Lewis at {919} 733-5083, extension 539.
SL/tw
cc: Fayetteville Regional Office
Enforcement File # CD 93-007
Central Files
1617 Mail Service Center Raleigh NC 27699-1617
An Equal Opportunity Affirmative Action Employer
Sincerely,
f
c Steve Lewis, Acting Supervisor
Non -Discharge CompliancelEnforcement
Telephone 919-733-5083 FAX 919-733-9919
50% recycled/ 10% post -consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
January 30, 2002
3
JACKIE BASS SWINE FARM
2642 HUNTER ROAD
CLINTON NC 28328
D E N R
w- - f
rto 4 AW
i
SUBJECT: Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case # CD 93-007
Farm # 82-555
Sampson County
Dear Mr. Bass:
This letter is to acknowledge receipt of your checks No. 860-796-766 & 834 in the
amount of $120.00 received on January 30, 2002.
Payment of these penalties in no way precludes further action by this Division for future
violations of the State's environmental laws.
If you have any questions please call Steve Lewis at (919) 733-5083, extension 539.
Sincerely,
eve Lewis, Acting Supervisor
on -Discharge Conipliance/Enforcement
SLtw
cc: Fayetteville Regional Office
Enforcement File # CD 93-007
Central Files
1617 Mail Service Center Raleigh IVC 27699-1617 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
August 28, 2001
MR JACKIE BASS
JACIKIE BASS SWINE FARM
2642 HUNTER ROAD
CLINTON NC 28328
UtNI--SRO
'AUC 3 02001
D �TV C,
SUBJECT: Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case CD 93-007
Farm # 82-555
Sampson County
Dear Mr- Bass:
This letter is to acknowledge receipt of your check No. 737 in the amount of $30.00 received
on August 28, 2001.
Payment of these penalties in no way precludes further action by this Division for future
violations of the State's environmental Iaws.
If you have any questions please call Steve Lewis at (919) 733-5083, extension 539.
Sincerely,
u
Jeff Poupart, Supervisor
Non -Discharge Compliance/Enforcement
/01--
JP/tw
cc: Fayetteville Regional Office
Enforcement File # CD 93-007
Central Files
1617 Mail Service Center Raleigh NC 27699-1617 Telephone 919-733-5083 FAX 919-733-9919
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Michael F. Easley, Govemor
William G Ross Jr., Secretary
Kerr T. Stevens, Director
July 13, 2001
MR JACKIE BASS
JACKIE BASS SWINE FARM
ROUTE #5 BOX 306 AA
CLINTON NC 28349
RECEIVED
W(I 8 20
FAYETTEVILLE
REG. OFFICE
SUBJECT: Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case # CD 93-007
Farm # 82-555
SampsonCounty
Dear Mr. Bass:
This letter is to acknowledge receipt of your check No. 733 in the amount of $30.00 received
on July 10, 1-001.
Payment of these penalties in no way precludes further action by this Division for future
violations of the State's environmental lags.
If you have any questions please call Steve Lewis at (919) 733-5083, extension 539.
Sincerely,
Jeff Poupart, Supervisor
Non -Discharge CompIiance/Enforcement
SL/tw
cc: n Regional Office
Enforcement File # CD 93-007
Central Files
1617 Mail Service Center Raleigh NC 27699-1617 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
State of North Carolina
Department of Environment
Health and Natural Re
Division of Water Quality
Michael F. Easley, Govern r
William G Ross Jr., Secret rji;
Kerr T. Stevens, Director
I.
4••
April 23, 2001
MR JACKIE BASS
JACKIE BASS SWINE FARM
ROUTE 5 BOX 306 AA
CLINTON NC 28349
t CEI ED SUBJECT-.
JUN S 2Uul
1'11f':TEn QUALITY SECTION
Dear Mr. Bass:: _ri;charCa Compliance Enf.
N R
Ff. �L?
4�c",
Acknowlec ggi gent receipt letter
Civil Penalty Assessment of Violation
Case # CD 93-007
C*mtham County
�a�so
This letter is to acknowledge receipt of your check No. 826 in the amount of 30.00, received
on April 23, 2001.
You have paid $60.00 toward the subject assessment. Payment of these penalties in no
way precludes further action by this Division for future violations of the State's environmental
laws.
If you have any questions please call Steve Lewis at (919) 733-5083, extension 539.
Sincerely,
Jeff Poupart, Supervisor
Non -Discharge Compliance/Enforcement
1P/two"M„//e
cc: th Regional Office
Enforcement Files CD 93-007
Central Files
1617 Mail Service Center Raleigh NC 27699-1617 Telephone 919-733-5063 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
.Dear
�hcs e ma fTers��a.Je__C?een 44e l Ct/7d Co.n 90./4 cQ,
CI?Jti�� 4h0.IIt�r I�J_c/ yh.GSr/C�r�
- ? -19gF
Y
EIVED
StP ` 103 1998
�aRETETT EVILL�=
1 ci
-a
September 4,_,1998
Mr. Jackie Bass
2642 Hunter Road
Clinton, NC 28328
CARROLL'S FOODS, INC.
P. Q. drawer 856
WARSAW, NORTH CAROLINA 28398
Subject: Response to NOV for your farm
Dear Jackie,
Item no. 2 refers to installing a new lagoon marker for your
primary lagoon. Plans were for Jerry and I to take care of this
item prior to September 5. Due to hurricanes and other factors, it
will be next week (September 8-11) before we will be at your farm.
While there we will check the existing marker for accuracy and
extend the top of the pipe to match the lowest point on the dike.
We will also install a new marker in your primary lagoon. This
will help you to identify the freeboard level. Please feel free to
include this letter in your reply to DWQ.
Sincerely,
Howard L. Hobson, Technical Specialist
Carroll's Foods, Inc.
cc: Jerry Hairr
RECEP QED
SSP 1 P, 1998
FAYETTEVILU-7
REG. OFFICE
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.P., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Jaclie Bass
2642 Hunter Road
Clinton, NC 28328
AILT?AWA
NCDENR
NORTH CAFioui4A DEPARTMENT of
ENVIRONMENT AND NAvRAL REsOURCE
September 29, 1998
SUBJECT: Request for Remission of Civil Penalty
Pursuant to N. C. G. S. 143-215.6A(f)
File Number DD 99-096
Facility #: 82-555
Sampson County
Dear Mr. Bass:
ri L
"'EP 3 0 f998
FAYETTEVI LE
REG. Oi r"ICE
Your request for remission has been placed on the agenda for the October 8, 1998, meeting of the
Environmental Management Commission's Committee on Civil Penalty Remissions. The Committee will
convene immediately following the closing of the regularly scheduled business meeting of the
Environmental Management Commission in the Fifth Floor Conference Room of the Archdale Building
located at 512 North Salisbury Street, Raleigh, North Carolina (see enclosed map). You should arrive no
later than 12:00 noon.
The factors to be considered by the Committee on Civil Penalty Remissions are whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B -282.1(b) were wrongly
applied to the detriment of the petitioner,
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or the result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
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
The Committee on Civil Penalty Remissions may remit none of the penalty, a part of the penalty,
or the entire penalty. The entire amount of the penalty can only be remitted when the
violator has not been assessed civil penalties for previous violations, and when payment of the civil penalty
will prevent payment for the remaining necessary remedial actions.
You or your representative should be available to make your presentation to the Committee
on Civil Penalty Remissions at the above mentioned time and location.
Your cooperation in this matter is greatly appreciated. If you have any questions concerning
this matter, please call Shannon Langley, of our staff, at (919) 733-5083, ext. 581.
Sincerely,
!1
reston Howard, Jr., P.E.
J
cc: DWQ-Regional
Enforcement File
Central Files
s
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 5, 1998
Wf � u_:.1
Mr. Jackie Bass
2642 Hunter Road
Clinton, NC 28328
FAYE7TEVILLE REGIONAL OFFICE
Subject: Notice of Violation
Administration Code 1 SA NCAC 2H.0217
Jackie Bass Swine Farm
Reg. # 82-555
Sampson County
Dear Mr. Bass:
You are hereby notified that, having been deemed to have a non discharge
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 August 4, 1998 staff from the Fayetteville Regional Office of the
Division of Water Quality conducted an inspection of your swine farm located off
Hunter Road in Sampson County. The inspection revealed that the lagoon level
in the primary lagoon was approximately 15 inches. The nursery barn was
discharging waste out of the pit fan opening rather than into the lagoon and was
ponding in the surface water diversion ditch behind the bam. In addition, the
waste application fields were not established in the required crop. The primary
lagoon needs a marker installed, waste samples need to be collected within 60
days of waste application, and the trees need to be removed from the lagoon
dikes.
The Division of Water Quality requests that the following items be
addressed:
1. Lower the lagoon level to the required freeboard on a suitable crop as soon
as weather and soil conditions allow.
2. Install an approved lagoon level marker in the primary lagoon for
monitoring due to the lower dike elevation in the primary lagoon.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 29J01 -504$
PKOAIE BIO -496.1541 FAX 910-496-0707
AN £QUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER • 50% RECYCLED/10% POST -CONSUMER PAPER
r
Mr. Jackie Bass
Page 2
August 5, 1998
3. Correct the discharge problem in the nursery barn to prevent the discharge of waste
into the diversion ditch and remove the waste from the ditch to prevent future runoff
from occurring after a heavy rainfall event.
4. Contact a technical specialist for assistance in the reissuance of a CAWMP to comply
with the crops (summer annuals) in the waste application fields.
5. Contact a technical specialist to investigate whether the trees have been adequately
removed from the lagoon dikes.
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation or any past or future violation. Futhermore, the Division of
Wate Quality has the authority to levy a civil penalty of not more than $10,000.00 per day per
violation.
Please provide a written response to this office on or Before September 5, 1998, regarding
corrective actions taken or planned. If you have any questions concerning this matter, please do not
hesitate to contact either myself or Mr. Robert Heath, Environmental Specialist, at (910) 486-1541..
Sincerely,
t hen Barnhar t
A g Regional Supervisor
cc: Sue Homewood -Compliance Group
Wilson Spencer -Sampson County
Audrey Oxendine-DSWC Fayetteville Office
Central Files
Carroll's Foods, Inc.
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality'
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
June 25, 1998
Certified Mail
Return Receipt Requested
Attn: Jackie & Helen Bass
Jackie & Helen Bass Farm, Carrolls #2224
2642 Hunter Rd
Clinton NC 28328
Dear Jackie & Helen Bass:
1 � •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
JUN 2 6 1998
FAYMEVILLE
REG. OFFICE
Subject; Request for Remission of Civil Penalty
Pursuant to N.C.G.S. 143-215.6A(f)
Jackie & Helen Bass Farm, Carrolls #2224
Sampson County
Farm #: 82-555
OV 97-96
I considered the information submitted in support of your request for remission in
accordance with G.S. 143-215.6A(f) and my delegation under G.S. 143-215.6A(h) and have not
found grounds to modify the assessment of $500.00
Should you choose to pay the penalty, you may tender payment to me at the letterhead
address within 30 days of your receipt of this letter. Please make checks payable to the
Department of Environment and Natural Resources.
You also have the option of presenting your request to the Committee on Civil Penalty
Remissions, which is comprised of members of the Environmental Management Commission. The
committee may consider such requests and render final and binding decisions in these matters.
You may argue your request before the committee and Division Staff will argue for full payment
of the initial assessment.
Should you choose to present your request to the committee, please notify me at the
letterhead address on or before within 30 clays of your receipt of this letter. Your request will be
scheduled to be heard on the agenda of the nem scheduled committee meeting and you will be
notified of the date and time. If a response is not received by the Division regarding this notice
then your request will be scheduled on the agenda for an upcoming committee meeting.
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
i
Thank you for your cooperation in this matter. if you have; any questions about this letter,
please feel free to contact Shannon Langley at (919) 733-5083, extension 581.
cc: � Regional C�JT-!c�e
Case File #OV 97-96
Central Files
Sincerely,
A_ Preston Hoard, Jr.,
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
October 31, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Attn: Jackie & Helen Bass
Jackie & Helen Bass Farm, 'CarrolIs #2224
2642 Hunter Rd
Clinton INC 28328
Dear Jackie & Helen Bass:
�TA
�EHNR
NOV 1 4 1W
FAYETTEVILLE
REG. OFFICE
Subject: Notice of Violation and Assessment of Civil
Penalty for Violation of N.C.G.S. 90 A-47.2 and
15A NCAC 8F.0201
Jackie & Helen Bass Farm, Carrolls #2224
Facility #: 82-555
Sampson County
Case #: OV 97-096
This letter transmits a Notice of Violation and a notice of a civil penalty assessed against
Jackie & Helen Bass in the amount of $500.00. This assessment is based upon the following
facts:
Jackie & Helen Bass operates an animal operation and associated animal waste
management system in Sampson County.
As of January 1, 1997, in accordance with N.C.G.S. 90 A-47.2 and 15A NCAC 8F.0201
a certified operator in responsible charge is required to operate the subject animal waste
management system.
In accordance with ISA NCAC 8F.0201 (a), the owner of each animal operation having
an animal waste management system must submit a letter to.the Certification Commission,-
Division of Water Quality (DWQ), Technical Assistance and Certification Group, which
designates an Operator in Charge with the appropriate type of certification. This letter
must be signed by the owner and the certified operator and be submitted to the
Certification Commission by January 1, 1997 for all facilities in operation as of that date.
In November, 1996 and April, 1997, DWQ mailed notices to all animal waste management
facilities who had not designated an operator with the DWQ.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919.733-5083 Fax 979-715-6448
An Equal Opportunity Afru-mative Action Employer 50% recycled/10%a post -consumer paper
Jackie & Helen Bass failed to designate an appropriately certified wastewater treatment
operator in responsible charge of the subject animal waste management system, in
accordance with 15A NCAC 8F.0201 (a).
Based upon the above facts, I conclude as a matter of law that Jackie & Helen Bass
violated or failed to -act in accordance with the requirements of N.C.G.S. 90 A-47.2 and 15A
NCAC 8F A201. A civil penalty of not more than $1,000 per day maybe assessed against a
person who is required but fails to designate an appropriately certified wastewater treatment
operator as required by N.C.G.S. 90 A-47.5 and 15A NCAC 8F.0500.
Based upon the above facts and conclusions of law, I hereby assess Jackie & Helen Bass a
$500.00 civil penalty for this violation of N_C.G.S. 90 A-47.2 and 15A NCAC 8F.0201 pursuant
to the authority delegated to me by N.C.G.S. 90 A-47.2 and 15A NCAC 8F.0201 -
Please find attached another Operator in Charge designation form. Please complete this
form and return it to:
WPCSOCC
Division of Water Quality
P.O. Box 29535
Raleigh, NC 27526-0535
If the aforementioned operator designation form is not at the above address within 30 days
of your receipt of this notice, you will be subject to further civil penalties of up to $1,000 for each
day that the operator in charge designation is not submitted. You may contact DWQ's Training
and Certification Group at (919) 733-0026 for information about designating a certified operator.
Within thirty days receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose
enforcement action for any continuing or new violation(s). Please submit payment
to the attention of-
Mr.
f
Mr. Steve W. Tedder .
Water Quality Section Chief
Division of Water Quality
P.O. Box 29535
Raleigh, North Carolina 27626-0535
or
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment letter.
Because a remission request forecloses the option of an administrative hearing, such
a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation that there are no factual or legal issues in dispute. You
must execute and return to this office the attached waiver and stipulation form and a
detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G,S. 143B -282.1(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of.
Mr. Steve W. Tedder
Water Quality Section Chief/DWQ
P.O. Box 29535
Raleigh, North Carolina 27626-0535
3_ Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must request
an administrative hearing. This request must be in the form of a written petition to
the Office of Administrative Hearings and must conform to Chapter 150B of the
North Carolina General Statutes. You must:
File your original petition with the:
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a Copy of the petition to:
Mr. Richard Whisnant
Office of General Counsel
NCDENR
Post Office Box, 27687
Raleigh, NC 27611
Failure to exercise one of the options above within thirty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter being
referred to the Attorney General's Office with a request to initiate a civil action to collect the
penalty. Please be advised that additional assessments may be levied for future violations which
occur after the review period of this assessment.
If you have any questions, please contact Mr. Shannon Langley at (919)'733-5083,
extension 581.
Sincerely,
A. Preston Howard, Jr.,
ATTACHMENTS
cc: Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Officer w/attachments
STATE OF NORTH CAROLINA
COUNTY OF
ENVIRONMENTAL MAINAGEMENT
COMMISSION
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) AMMINiSTRATTVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO.
Having, been assessed civil penalties totaling for
violation(s) as set forth in the assessment document of the Director of the Division 'of Nater Quality
dated, , the undersigned, desil-iag to s: eti rernissior. of 0he civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document_
This the day of , 19___
TELEPHONE
ANi�AL WASTE MANAGEMENT SYSTEM
OPERATOR IN CHARGE
))ESTG_NAT DRN FORMi
ANIMAL WASTE MANAGEMENT SYSTEM:
a aciEty ID Number: C0L,a
OPERATOR IN CHARGE
Home Mailing Address. ,
City State Zip _.
Certificate Social Security
Work Phone I-lo:ne Phone
Sionature Date
Mailing. Address. City
State Zip Telephone
Signature Date
Please Mail to: WPCSOCC-
Division of Vater Quality
P. O. Box 29535
Raleigh, N.C. 27626-0335
State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Reglonal Office
James B. Hunt, Jr., Governor
.Jonathan B. Howes, Secretary
A" W000% *a
[DEHNR
DIVISION OF WATER QUALITY
September 15, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jackie Bass
2642 Hunter Road
Clinton, NC 28328
SUBJECT: NOTICE OF DEFICIENCY
Jackie & Helen Bass Farm
Registration No.82- 555
Sampson County
Dear Mr. Bass:
On September 10, 1997, staff from the Fayetteville Regional Office of the Division of Water
Quality inspected the Jackie & Helen Bass swine facility. It was observed that the facility did not
have the required certified operator designated for the facility. The lagoon banks need cutting to
allow inspection for seepage and the trees need removal. The bermuda grass needs resprigging in
the field across Hunter Road from the facility and an access pipe needs to be installed under the
highway if one has not been installed already. Mr. Bass needs to collect waste analysis samples
and begin pumping prior to the onset of winter and wet waste application fields.
In regard to the deficiencies noted during the inspection, the following actions are requested:
1. Contact a technical specialist or an engineer for assistance in regard to certifying the facility
prior to the end of 1997.
2. Immediately designate a certified operator and submit the appropriate form to the Division of
Water Quality.
3. Begin maintaining all records of waste application on the appropriate forms {IRR -1 & IRR -2}
and collect waste analysis samples within 120 days of waste application.
Please notify this office on or before October 15, 1997 at the address below as to the actions
taken or proposed to be taken to resolve this deficiency. Nothing in this letter should be taken as
absolving this facility of the responsibility and liability of any violations that have or may result
from these deficiencies.
Wachovia Building, Suite 714, FayettevilleIrW FAX 910-486-0707
North Carolina 28301-5043 va C An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 50% recycled/10% post -consumer paper
Page 2
Mr. Jackie Bass
September 15, 1997
If you have any questions concerning this matter, please call Bob Heath, at (910) 486-1541.
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSW
Wilson Spencer - Sampson Co. NRCS
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., RE., Director
April 3, 1997
Jackie & Helen Bass
Jackie & Helen Bass Farm, Carrolls 42224
2642 Hunter Rd
Clinton NC 28328
SUBJECT:
#2224
Dear Mr. Bass:
e��
E)EHNR
RECEIVED
-A-P-R it 'I IM,
IFAYM-MVIL1..E
lam -05:169
Notice of Violation
Designation of Operator in Charge
Jackie & Helen Bass Farm, Carrolls
Facility Number 82--555
Sampson 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 Ietter 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,
for Steve W. Tedder, Chief
Water Quality Section
bb/awdeslet l
cc: Fayetteville Regional Office
Facility File
Enclosure
P.O. Box 29535, �yA FAX 919-733-2496
Raleigh, North Carolina 27626-053N%fcAn 5 Equal Opportunity/Affirmative Action Employer
Telephone 919-733-7015 50% recycles/ 10% post -consumer paper
State -of North Carolina.
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
July 18, 1994
MR JACKIE WAYNE BASS
JACKIE BASS SWINE FARM
ROUTE 5 BOX 306AA
CLINTON NC 28328
SUBJECT: Request for Payment for Civil Penalty
Jackie Bass Swine Farm
File No. CD 93-07
ipso Cn ounty
Dear Mr. Bass:
NW-95TA
A&14 0
I DEHNR
MI
f , I i L , 22 1994
ENV. MANAGEMENT
FAYETfEVILLE REG. OFFICE
This is to acknowledge receipt of your check No. 3630 in the amount of $156.83
received from the Jackie Bass Swine Farm.
This is the fifth of twelve scheduled payments as agreed to by the Division and the
Jackie Bass Swine Farm. Payment of these penalties in no way precludes further
enforcement actions. if you have any questions concerning this matter, please call me at
(919)733-5083, ext: 233.
S' cerely,
Dianne Willliams Wilburn, Supervisor
Enforcement/Compliance Group
cc: Regional Office
Enforcement/Compliance File
Central File
RO. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
June 3, 1994
MR JACKIE WAYNE BASS
JACKIE BASS SWINE FARM
ROUTE 5 BOX 306AA
CLINTON NC 28328
SUBJECT: Request for Payment for Civil Penalty
Jackie Bass Swine Farre
File No. CD 93-07
Sampson County
Dear Mr. Bass:
E. "'
Ar4�
F_= F=1
SUN 1 s 1994 : F
ENV. MANAGEMENT
FAYETTEVILLE REG. OFF1CF
This is to acknowledge receipt of your check No. 3611 in the amount of $156.83
received from the Jackie Bass Swine Farm.
This is the fourth of twelve scheduled payments as agreed to by the Division and the
Jackie Bass Swine Farm. Payment of these penalties it no way precludes further
enforcement actions. If you have any questions concerning this matter, please call me at
(919)733-5083, ext: 233.
Sincerely,
Dianne Willliams Wilburn, Supervisor
Enforcement/Compliance Group
DWW/bc
cc: Regional Office
Enforcement/Compliance File
Central File
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
,lames B. Hunt, Jr., Governor
,Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
April 6, 1994
MR JACKIE WAYNE BASS
JACKIE BASS SWINE FARM
ROUTE 5 BOX 306AA
CLINTON NC 28328
SUBJECT: Request for Payment for Civil Penalty
Jackie Bass Swine Farm
File No. CD 93-07
Sampson County
Dear Nlr: Bass:
I ffl:.W;VA
I DEHNF1
6✓
AN 7 19
'ENV. MANAGEMENT
E+AUT:TEVILLE EC, OFFICE
This is to acknowledge receipt of your check No. 3587 in the amount of $15$.83
received from the Jackie Bass Swine Farm.
This is the third of twelve scheduled payments as agreed to by the Division and the
Jackie Bass Swine Faun_ Payment of these penalties in no way precludes further
enforcement actions. If you have any questions concerning this matter, please call me at
(919)733-5083, ext: 233.
Sincerely,
D---" --4aL"_,
Dianne Willliams Wilburn, Supervisor
Enforcement/Compliance Group
DWW/bc
cc: Regional Office
EnforeemenVCompliance File
Central File
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
State of North Carolina
Department of'Environment, AWTIWAA
Health and Natural Resources ` • 0
Division of Environmental Management
James B. Hunt, Jr., Gvvemor
Jonathan B. Howes, Secretary D EH Ft
A. Preston Howard, Jr., P.E., Director
March 10, 1994
MS DEAN FARRAR
CHIEF HEARINGS CLERK
OFFICE OF ADMINISTRATIVE HEARINGS
POST OFFICE DRAWER 27447
RALEIGH NC 27611-7447
RE. Civil Penalty Assessment Against Mr. Jackie Bass
Sampson County
Our File No. CD 93-007
Dear Ms. Farrar:
T
MAR } 5 1994 } # 3
ENV. MANAGEMEIO
FokymEviu.E REG- OFFK:E
Would you please search your records and determine if any of the individuals and/or entity
listed above has filed a Petition for a Contested Case Hearing on or before March 10, 1994?
If no petition was filed by March 10, 1994, please ask Judge Mann to execute the attached
certification and return it to my attention at the address below:
Steve W. Tedder, Chief
Water Quality Section
Division of Environmental Management
P. O. Box 29535
Raleigh, NC 27626-0535
If you have any questions concerning this matter, please contact Linda Forehand at
733-5083. Thank you for your cooperation in this matter.
Sincerely,
Steve W. Tedder, Chief
Water Quality Section
cc: Enforcement File
Fayetteville Regional Office
P.Q. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919
An Equal opportunity Affirmative Action Employer 501116 recycled! 10% post -consumer paper
I t
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
January 5, 1994
MR. JACKIE WAYNE BASS
JACKIE BASS SWINE FARM
ROUTE 5 BOX 306AA
CLINTON NC 28328
A&4
[DEHNR
RE: Request for Payment Schedule for Civil Penalty
Jackie Bass Swine Farm
File No. CD 93-07
Sampson County
Dear Mr. Bass:
<� JAN 1.0 1994
ENV. MANAGEMENT.
FAYETTEVILLE REG. OFFICE
On March 4, 1993, the Director, Division of Environmental Management (DEM), assessed a
civil penalty assessment in the amount of $3482.00, including $482.00 in investigative costs, against
Jackie Bass Swine Farm for discharging animal waste into the waters of the State. On August 9,
1993, a partial remission was granted and the total civil penalty was reduced to $1,982.00. DEM
received a check for $100.00 (check #3380) from Jackie Bass on September 2, 1993. DEM and
Jackie Bass entered into a payment schedule to settle the remainder of the above-described civil penalty
for the violations contained in the assessment document. Jackie Bass agreed to pay the rest of the civil
assessment, $1,882.00, in payments of $156.83 each for 12 months. The first payment of $156.83,
check # 8370, was received by DEM on October 8, 1993. No subsequent payments have been
received.
If any civil penalty has not been paid within 30 days after the final agency decision has been
served on the violator, North Carolina General Statue 143-215.6A(g) allows the Secretary of the
Department of Environment, Health, and Natural Resources to request the Attorney General to institute
a civil action in Superior Court of any county in which the violator resides or has his or its principal
place of business to recover the amount of the assessment. DEM has the certified mail green card that
shows that the letter from the Director granting partial remission was received by Helen Hunter Bass
on August 16, 1993.
This letter serves as final notice that the Division will proceed to refer your case to the North
Carolina Attorney General's Office for collection through the courts unless payment of $627.32
(payments due on 1111193, 12/1/93, 111194, and 2/1/94) is received by DEM prior to February 1,
1994.
P.Q. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
4L
Any default in payment or failure to submit payment by the day of the month in which payment
is due will result in the immediate referral of this case to the Attorney General's Office for collection
through the courts. Jackie Bass Swine Farm should also acknowledge that DEM reserves the right to
take enforcement action against Jackie Bass Swine Farm for future violations within its authority
should they occur.
Should you have any questions, please contact Linda Forehand McCollum or myself at
(919)733-5083.
cc-, DEM Fayetteville Regibnal•Office
Enfo ement File
iincerely,
ianne Williams Wilburn, Supervisor
Compliance/Enforcement Group
a
CIVIL PENALTY ASSESSMENT PAYMENT SCHEDULE
Jackie Bass Swine Farm
On April 28, 1993, the Director, Division of Environmental Management (DEM), assessed
a civil penalty assessment in the amount of $3,482.00, including $482.00 in investigative costs,
against Jackie Bass Swine Farm for discharging animal waste into the waters of the State. On
August 9, 1993, a partial. remiss ion was granted and the total civil penalty was reduced to
$1,982.00.
In order to resolve this matter, DEM and Jackie Bass Swine Farm agree to enter into a
payment schedule to settle the above-described civil penalty for the violations contained in the
assessment document. Jackie Bass Swine Farm agrees to pay the civil assessment of $1,982.00 as
per the terms below as full settlement of Case No. CD 93-07 and understands that any default in
payment or failure to submit payment by the day of the month in which payment is due will result
in the immediate referral of this case to the Attorney General's Office for collection through the
courts. Jackie Bass Swine Farm also acknowledges that DEM reserves the right to take
enforcement action against Jackie Bass Swine Farm for future violations within its authority should
they occur.
EAU= AMOUNT
DA= DUE
DATE PAID
$100.00
$156.83
10/1193
909 3
I D 1 CK -
$156.83
11/1193
$156.83
1211/93
$156.83
111194
$156.83
2/1194
$156.83
3/1/94
$156.83
4/1/94
$156.83
5/1/94
$156.83
6/1194
$156.83
71/94
$156.83
8/1/94
$156.87
9/1194
$1,982.00
Payments should be by check payable to "NC Dept, of EHNR" and should be submitted to the
attention of Dianne Williams Wilburn at the address below:
Department of Environment, Health, and Natural Resources
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
da4. _,ze2 —
51
ackie Wayne Bass Date
._Jackie Bass Swine Farm --
Route 1 Box 16
:
-,--..,B _ 1AAAston
C 27808
xLy oward A P. E. - - Dace
Director, Division of Environmental Management
_
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
MR JACKIE WAYNE BASS
JACKIE BASS SWINE FARM
ROUTE 5 BOX 306AA
CLINTON NC 28328
ffl�5TA
IT
IDEHNR
October 12, 1993
SUBJECT: Request for Payment for Civil Penalty
Jackie Bass Swine Farm
File No. CD 93-07
Sampson County
Dear Mr. Bass:
1
CCT 15 199% f
ENV. MANAGEMENT
FAYETTEVILLE REG. OFFICE
This is to acknowledge receipt of your check No. 350 in the amount of $156.83
received from the Jackie Bass Swine Farm.
This is the second of twelve scheduled payments as agreed to by the Division and the
Jackie Bass Swine Farm- Payment of these penalties in no way precludes further
enforcement actions. If you have any questions concerning this matter, please call me at
(919)733-5083, ext: 233.
Sincerely,
Tonne Willliams Wilburn, Supervisor
Enforcement/Compliance Group
MWAId"L'M
cc: Regional Office
Enforcement/Compliance File
Central File
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
June 10, 1993
MR JACKIE WAYNE BASS
JACKIE BASS SWINE FARM
ROUTE 5 BOX 306AA
CLINTON NC 28328
RE: Request for Remission of Civil Penalty
Jackie Bass Swine Farm
File No. CD 93-07
Sampson County
Dear Mr. Bass:
A&
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I DEHNR
Lf
JUPI 14 199135
ENV. MANAGEME T C.f
FAYETTEViLLE REG.
The Division of Environmental Management has received your request for remission of civil
penalty dated May 27, 1993, with accompanying support information. Your request will be placed on the
agenda of the Director's next scheduled enforcement conference and you will be notified of the results.
Should you have any questions, please feel free to call me at {919}733-5083, ext. 233.
Sincerely,
(Q �IM�7,7 V 4/2L�
ianne Williams Wilburn, Supervisor
Compliance/Enforcement Group
cc: ADEM Fiy__et_tev_d1eRej1Z6d Office
Enforcement File
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-5283
An Equal Opportunity Affirmative Action Employer 50% recycled/ 1 o% post -consumer paper
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STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT
cc COMMISSION
COUN'T'Y OF — Ja-k-el s o kL ,
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
PERMIT NO.
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. C. D 9 3 - 6
Having been assessed civil penalties totalling $ 34 y a, .00
DO for
violation(s) as set forth in the assessment document of the Director of the Division of Environmental
Management dated, 0-9r; 1 3 o /a a 3, the undersigned, desiring to seek ren -fission of
the civil penalties, does hereby waive the right to an administrative hearing in the above -stated platter
and does stipulate that the facts are as alleged in the assessment document.
This the 97 T-11-1 day of ?2J A V, 19 L3.
L3i �.-
BY
ADDRESS
e� 5, is 1> W- aa( lqA
N.C. a93z9
TELEPHONE
-9/4) SGS- 41-R z
State of North Carolina
Department of Envirorunent, Health, and Natural Resources
Fayetteville Regional Office
James B. ?aunt, Jr., Governor Jonathan B. Howes, Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
January 22, 1993
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jackie Bass
Jackie Bass Swine Farm
Route 5, Box 306AA
Clinton, North Carolina 28328
SUBJECT: Notice of Violation & Recommendation
For Enforcement Action
NCGS 143-215.1(a)(1) - Making an
Outlet Into waters Of The State
Jackie Bass Swine Farm
Sampson County
Dear Mr. Baas:
On Tuesday, January 5, 1993, our office received notification from a
concerned citizen that animal waste was entering their family's pond, which
is located on an unnamed tributary to Hoe swamp. On the same day, Mr. Ricky
Revels of the Fayetteville Regional Office conducted an inspection of your
swine operation's waste management system. The inspection revealed wastewater
over topping your operation's holding basin, which resulted in an undetermined
amount of animal waste entering a man-made ditch and Hoe swamp, Claes "C
Swamp" waters of the State.
During the course of the inspection you were told that measures must be
taken to immediately eliminate the discharge and that an enforcement action
would be prepared regarding this violation. Your facility was designated as a
concentrated animal feeding operation on April 20, 1992, therefore, this
incident represents a violation of NCGS 143-215.1(a)(1)- Making an outlet into
waters of the State. This violation is subject to enforcement action as
defined by NCGS 143-215.6A(b), which allows for assessment of civil penalties
Of up to $10,000.00 per day per violation.
Wac XPM &A&a. Sufoe 714 + FaAlwyfUe. North Carolina 2$301-5043 * Tdhorx 91%48£x1541 • FAX 919486-0707 1
d lb
Mr. Jackie Bass
"ge;. 2%:l
j
January" 22, 1933,j.
'4
During a phone conversation 44i0mr. Revels on Friday,,January B, 1993,
you indicated tha-E.you had taken maiiiikes that had el -"hated the disc9arge of
animal waste to surf ade',,,'iiaters.
A,
It should be pointed out that this letter does not' relieve you ,,of the
, W
responsibility to -;properly manag6.el wastewater systeig.in such a way that a
discharge to' surface waters does ''not . occur.
Upon completion -.;of review;L 7.'44 this matter. bk -4,the Enforcements and
compliance Group, A,,Aet!erminatioj� be made as t.o S�hether an enf or'qem"'ent,
W Vk.
action is appropriate, and you will be advised in the' near future of. this
action.
Should you need, any additioi41 information or "clarification, please.
contact Mr. Ricky Reve4e of this office at (919) 486-1541.
Sincerely,
Ly
J. Noland, P.E.
Regional Supervisor
MJN/RR/rr
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
September 14, 2001
MR JACKIE BASS
JACKIE BASS. SWINE FARM
2642 HUNTER ROAD
CLINTON NC 28328
AMA0
Lv�.IWA
jbw�r4j
D E N R
SEP 1 7 2001
SUBJECT: Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case CD 93-007
Farm # 82-555
Sampson County
Dear Mr. Bass:
.i•?
This letter is to acknowledge receipt of your checks No. 743 in the amount of S30.00
received on September 11. 2001.
Payment of these penalties in no way precludes further action by this Division for future
violations of the State's environmental laws.
If you have any questions please call Steve Lewis at (919) 733-5083, extension 539.
Sincerely,
Jeff Poupart, Supervisor
Non -Discharge Compliance/Enforcement
JPltw
cc: Fayetteville Regional Office
Enforcement File # CD 93-007
Central Files
1617 Mail Service Center Raleigh NC 27699-1617 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer pager
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