820619_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Quality
.IWA
NCDENR
North Carolina Depar tment of Environment and Natural Resou rc es
Michael F. Easley, Governor
March 26, 2002
CERTIFIED MATL
RETURN RECEIPT REQUESTED
Mr. Elbert Pearsall
997 Simmons Road
Clinton, NC 28328
Subject: Notice of Violation/Notice of Intent
Pearsall Farm
Facility No. 82-6 I 9
Permit No. AWS820619
Sampson County
Dear Mr. Pearsall :
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph .D.
Ac ting Di rec tor
Division of Water Quality
You are hereby notified that, having been permitted to have a non discharge permit for the
subject animal waste disposal system pursuant to !SA NCAC 2H . 0217, you have been found to
be in violation of your 2H . 0217 Permit.
On March 13, 2002, stafffrom the Fayetteville Regional Office ofthe Division ofWater
Quality performed a routine inspection ofthe Elbert Pearsall Farm in Sampson County. The
inspection revealed that the waste application had not been established in the winter crop (wheat)
as required by the CA WMP . In addition, waste application had occurred in November 2001, and
no waste samples had been collected within 60 days of the application. Irrigation records
(IRR-2 forms) indicated that approximately 198,000 gallons had been irrigated in November,
however, lagoon level records for the period illustrate that approximately 500,000 to 700,000
gallons were removed.
The Division of Water Quality requests that the following item(s) be addressed:
I . Submit the previous 12 months of weekly freeboard records for the fac ility .
2 . Submit the previous 12 months of I RR-1 and IRR-2 forms for the facility.
US GREEN STREET-SUITE 714 i SYSTEL HU1LD!NG I F1\ YETTEVILLE. NC 2K 30!-5043
I' !lO N E (910) 486 -154 1 FAX [phone] \VWW. EN R.S T ,\T E.NC:.US i ENR/
AN EQUA L OPI'ORTUN!TY I AFFIRMATIVE ACTION EMP LOYER -50% RE C YCLED/t O% POST CONS U M ER PAI'E R
DENR TOLL FREE HOTLINE: [phone]!1
Mr. Elbert Pearsall
Page 2
March 26, 2002
3. Submit the waste samples for the previous 12 months for the facility.
4. A copy ofthe CAWMP for the facility, specifically the lagoon design and the WUP.
Failure to comply with the above condition(s) may result in the facility losing its General
Permit and being required to obtain an individual non discharge permit for the facility.
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. You are hereby notified that
based on the above information, the Division of Water Quality is considering forwarding
recommendation to the Director for consideration of enforcement for this violation. Furthermore,
the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00
per day per violation.
If you have an explanation for this violation that you wish to present to this office, please
forward a detailed explanation, in writing, of the events noted and why you feel that this oflice
should not proceed with recommendation for enforcement. This response should received by this
office on or before April 18. 2002.
Information provided to this office will be reviewed and if enforcement is still deemed
appropriate, your explanation forwarded to the Director with the enforcement package for his
consideration.
lfyou have any questions concerning this matter, please do not hesitate to contact either
myself or Mr. Bob Heath, Environmental Specialist, at (91 0) 486-1541 .
RFH/bh
cc : Steve Lewis -Compliance Group
Wilson Spencer-Sampson Co. NRCS
Trent Allen-DSWC Fayetteville Office
Glen Clifton-Prestage Farms
Central Files-Raleigh
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i>ayl 1
. \Rawls .
Water Quality Regional Supervisor