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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& A±LMIL ��� 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 u T,�Fhlvj P[ #jU% 14 1993 q ENV. MANAGEMENT ;AYETTEVILLE REG. 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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 % I �r�y yam. *x .>'� . �� � � 1 � A� r''l. � r� �;' r _ ^„�`-i` �i""n e. � � i � ' r .. , . f � 11 y � 4 ''.' I / ,� ' , �, '} d4 'J fry . f _1 I�'I 1 s ,'�,� ''>; . .y, it ;: i � � '�. .. e } .. �- .. � , � �� N ' 1 � � 1 � A� r''l. � r� �;' r _ ^„�`-i` �i""n e. � � i � ' r .. , . f � 11 y � 4 ''.' I / ,� ' , �, '} d4 'J fry . f _1 I�'I 1 s ,'�,� ''>; . .y, it ;: i � � '�. .. e