820624_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Quality
Michael F. Easley
Governor
William G . Ross Jr., Secretary
Department of Environment and Natural Resources
CERTIFIED MAlL
RETURN RECEIPT REQUESTED
Kay Sinclair
5151 Keener Road
Clinton NC 28328
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
Sinclair Hog Farm
#82-624
Sampson County
Dear Sir or Madam:
April 16, 2003
Alan W. Klimek, P .E . Director
Division of Water Quality
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On March 19, 2003 , a representative of your animal operation informed the Division of
Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility.
This lack of adequate freeboard is in non-compliance with the Certificate of Coverage
issued to this facility on October 6, 1997. In addition to this Notice of Violation (NOV), this
non-compliance is subject to an appropriate enforcement action by DWQ. This action can
consist of one or more of the following: a civil or criminal enforcement action; an injunction;
and/or a requirement to apply for coverage under an individual permit. The action chosen will
be based on complete evaluation of all factors that resulted in the inadequate freeboard; the
actions taken to restore the needed freeboard ; and the actions being proposed to prevent the
problem from reoccurring.
To assist us in our review , please provide the Fayettevme Regional Office with an
evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard
violation(s). This evaluation and strategy must include but is not limited to the fol1owing :
Current Freeboard level(s)
Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal
Spraying records for the past 12 months up to the date of submittal
lATA -----------------------------------------------~NR
Customer Service:
1-Bn-623-6748
Ms/1/ng Address:
1617 Mail Service Center
Raleigh, North Carolina 27699·1617
Telephone [phone]
Fax[phone]
State Courier #52·01·01
An Equal Opportunity I Affirmative Actk>n Employer
50% recycled I 10% post-<XJnsumer paper
http://1J2o.enr.state.nc.us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617
Inadequate Freeboard
Page2
Rainfall records for the past 12 months for this site up to the date of submittal (if
available)
Cropping system and PAN specified in the CA WMP. If the cropping system was not in
compliance with the facility 's CAWMP, provide details of the cropping system in place
for the past 12 months .
A summary of actions taken to restore the needed freeboard in the lagoon(s) including but
not limited to removal of animals from the site, delay of restocking of animals, pumping
and hauling waste to another site (specify site), securing additional irrigation equipment,
and securing additional spray sites.
A description of water conservation measures m use at the facility and the date(s)
installed.
If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide
an updated Plan of Action as to how the facility will return to compliance.
Provide a detailed description of the actions taken or proposed to be taken to insure that
there are no further freeboard violations at this facility.
This information must be received by the Fayetteville Regional Office at the following
address no later than 10 days following receipt of this letter.
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
Once this information is received and evaluated by the DWQ staff, a determination will
be made as to the appropriate compliance/enforcement actions to be taken. Each case will be
evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem,
efforts made to resolve the problem once identified, and efforts proposed to prevent future
problems will be positive factors in this determination.
Nothing in this letter should be taken as removing from you either the responsibility or
liability for this non-compliance or future cases of non-compliance. If you have any questions
regarding this letter, please do not hesitate to contact our Fayetteville Regional Office Staff at
[phone].
Sincerely,
-~~
cc: Fayetteville Regional Office
Non-Discharge Compliance/Enforcement Unit
Central Files
April 11, 2003
CERTIFIED MAll..
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Kli mek, P.E. Director
Division of Water Qual ity
f~ ~-..
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RETURN RECEIPT REQUESTED I APR I A 2003 j
Kay Sinclair
Sinclair Hog Farm
5151 Keener Road
Clinton NC 28328
Dear Kay Sinclair:
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~------~'-~-~------~
SUBJECf: Assessment of Civil Penalties for Violation(s) of
N .C. General Statute(s) 143-215.1
Sinclair Hog Farm
Sampson County
File No. PC 03-008
AWS820624
This letter transmits notice of a civil penalty assessed against Kay Sinclair in the amount of
$1,138.28, including $138.28 in enforcement costs.
Attached is a copy of the assessment document explaining this penalty. This action was taken
under the authority vested in me by delegation pursuant to N.C .G .S . 143-2 15.6A(h). Further
investigations of this situation may result in additional penalties.
Within thirty days of receipt of this notice, you must do one of th e following:
I . Submit payment of the penalty:
Payment sh ould be made directly to the order of the Department of Environment and
Natural Resources (do not include waiver form). Payment of the penalty will not
foreclose furth e r enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Customer Service:
1-sn-623-6748
Steve Lewis
W a ter Quality Section
1617 Mail Service Center
Raleigh. North Carolina 27699-I 617
Mailing Address:
1617 Mail Service Center
Raleigh , North Carolina 27699-1617
Telephone [phone]
Fax[phone]
State Courier lt52-01-01
An Equal Opportunity I Affirmative A ction Employer
50% recycled 1 1 00/o post-consumer paper
http://h2o.enr.state.nc. us
Location:
lr"A -~­NCDENR
512 N . Salisbury St.
Raleigh. NC 27699-1617
2. Submit a written request for remission or mitigation including a detailed justification for such
request:
A request for remiss ion 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
comained in the assessment letter. Because a remission request forecloses the option of an
admin istrative hearing, such a request must be accompanied by a waiver (form anached) 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 as sessment factors in G .S. 143B-282.l(b) were wrongfully
applied to the detriment of the petitioner;
(b) the violator ·prompdy abated continuin g 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 s ubmit this information to the attention of:
Steve Lewis
DWQ
1617 Mail Service Center
Ra leigh NC 27699-1617
3. Submit a written request for an administrative bearing:
If you wi sh to contest any stateme nt in th is asse ssment letter, you must request an administrative
hearing . This request must be in the form of a written pe tition to th e Office of Administ rative
Hea ring s and must confo rm to Chapter 150B of the North Carolina Ge neral Statu te s. Yo u must
Fil e your original petition with the
Office of Administrative He arings
6714 Mail Service Center
R a leigh, North Carolina 27699-6 714
Mail o r hand-delive r a copy of the petition t o
Mr. Dan Oakley
Regi ste red Agent
De pt. of Environ~ent and Natural Resources
160 I M a il Service Center
Ra leigh . North Carolina 27699-160 I
Failure to exercise one of the options above within !hlny days, as evidenced by a date stamp (not a
pos tmark) 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 Steve Lewis at [phone], extension 539.
A ITACHMENTS
Sincerely,
~//~~ ~~;?7
nt Wiggins
Acting Supervisor
Non-Discharge Compliance/Enforcement
cc !,-R~onai:Supe~~or_wfarqtchments
Compliance/Enforcement File w/ attachments
Central Files w/ attachme nts
Public Information Office w/ attachments
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF ---=S=am=p=s=on::...-------
IN THE MATTER OF ASSESSMENT
OF CIVil.. PENAL TIES AGAINST
Kay Sinclair
)
)
)
WAIVER OF RIGHT TO AN
AD:MINISTRATIVE HEARING AND
STIPULATION OF FACTS
Fll..E NO. PC 03-008
Having been assesSed civil penalties totaling·· $1,138.28 for violation(s) as set
forth in the assessment document of the Director of the Division of Water Quality dated April 11,
2003 , the undersigned, desiring to seek remission of the 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.
The undersigned further understands that all evidence presented in s upport o f remission of
this civil penalty must be submitted to the Director of the Divi s ion of Water Quality within thirty
(30) d a y s of receipt of the civil penalty asses sment. No new evidence in support of a re mission
request will be allowed after thirty (30) days from the receipt of the civil penalty assessment. .
This the -------day of __________ , 2 0_.
SIGNATURE
ADDRESS
TELEPHONE
STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MA TIER OF
KAY SINCLAIR
FOR NON-DISCHAROE.G~~~
PERMIT VIOLATIONS
)
)
)
)
)
)
)
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. PC 03-008
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Act!ng pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I. J. Kent
Wiggins , Acting Supervisor of the Non-Discharge Compliance and Enforcement Unit of the
Division of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Kay Sinclair owns and operates the Sinclair Hog Farm, a swine operation in
Sampson County.
B. Kay Sinclair was issued Certificate of Coverage AWS820624 under Gene~al
Permit AWGlOOOOO for the Sinclair Hog Farm on June 2, 2000, effective June 2,
2000, with an expiration date of April 30, 2003.
C. Condition No. V. 3. of the General Permit states in part that "The maximum waste
level in lagoons/storage ponds shall not exceed that specified in the Certified
Animal Waste Management Plan (CA WMP). At a minimum, maximum waste
level for lagoons/storage ponds must not exceed the level that provides adequate
storage to contain the 25-year, 24-hour storm event plus an additional one (1) foot
of structural freeboard."
D. The 25-year, 24-hour storm event for the facility's location is approximately seven
(7) inches according to National Weather Service, Technical Paper 40, Rainfall
Frequency Atlas of the United States, 1961.
E. Based on the 25-year. 24-hour storm event of seven (7) inches and one foot of
required structural freeboard, the waste level for adequate storage in the lagoon
for the Sinclair Hog Farm is nineteen ( 19) inches .
F. Condition No. m. 6. e. of the General Permit requires that the permittee shall
report by telephone to the appropriate Regional Office as soon as possible, but in
no case more than 24 hours following first knowledge of the occurrence of failure
to maintain storage capacity in a lagoon/storage pond greater than or equal to that
required in Condition V. 3. of the issued permit.
G. DWQ staff from the Fayetteville Regional Office inspected the Sinclair Hog Farm
on March 24, 2003 and observed that the waste level of the lagoon was thirteen
(13) inches which exceeded the level of adequate storage specified in the
CAWMP.
H. The Fayett~vil.I~.~~gional Office had not received notification from the Sinclair
Hog Farm. that the waste level exceeded the level specified in the CAWMP.
I. The costs to the State of the enforcement procedures in this matter totaled
$138.28.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Kay Sinclair is a "person" within the meaning of G .S. 143-215.6A pursuant to
G.S. 143-212(4).
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. The above-cited failure to maintain the liquid l evel in the lagoon at the level
specified in the CAWMP violated Condition No. V. 3. of the General Permit.
D. The above-cited failure to report by telephone to the appropriate Regional Office
as soon as possible, but in no case more than 24 hours following first knowledge
of the occurrence of failure to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in Condition No. V. 3 violated Condition No.
III . 6. e. of the General Permit.
E. Kay Sinclair may be assessed civil pe~alties purs uant to G .S . 143-215.6A(a)(2)
which provides that a civil penalty of not more than twenty-five thousand dollars
($~5.000.00) per violation may be assessed against a person who violates or fails
to act in accordance with the terms, conditions, or requirements of a permit
required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against Kay Sinclair
pursuant to G .S . 143-215.3(a)(9) and G.S. 143B-282.1 (b)(8).
G . The Acting Supervisor of the Non-Discharge Compliance and Enforcement Unit,
Division of Water Quality, pursuant to delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the
Division of Water Quality, has the authority to asses s civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
ill. DECISION:
Kay Sinclair is her:by assessed a civil penalty of:
$ ___ =.500.=.=.:...00:..;::;__
$ ___ ~500=.00~-
$ ___ ~13~8~.2!0..l:8~_
$ __ __;;,.;l,o..:..l3=8=.2=8~-
for violating Condition No. V. 3. of the General Permit by
failing to maintain the liquid level in the lagoon at the level
specified in the CA WMP
for violating Condition No. ill. 6. e. of the General Permit
by failing to report by telephone to the appropriate Regional
Office as soon as possible, but in no case more than 24
hours following first knowledge of the occurrence of failure
to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in Condition No. V. 3
Enforcement costs
TOTAL AMOUNT DUE
As required by G .S . 143-215.6A(c), in determining the amount of the penalty I considered
the factors listed in G .S . 143B -282.l(b). which are:
(1) The degree and extent of hann to the natural resource s of the State, to the public
he alth , or to private property resulting from the violation ;
(2) The duration and gravity of the violation ;
(3) The effect on ground or surface water quantity or quality or on air quality;
( 4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance ;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures.
ent Wiggins, ng Supervisor
on-Discharge Compliance and Enforcement Unit
Division of Water Quality ·
Michael F . Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
MR KAY SINCLAIR
SINCLAIR HOG FARM
5151 KEENER ROAD -
CLINTON NC 28328
May7, 2003
Alan W . Klimek, P.E. Director
Division of Water Quality
., DE",,.) , . ----:::--·-~~ . . . ~ I MAY ·-~-2003 -
[ ... • .. , . -::-· .. -.. ·, '
~ ." ' .
SUBJECT: Acknowledgment Receipt Letter
Farm# 82-624
Case PC 03-008
Sampson County
Dear Kay Sinclair:
This letter is to acknowledge receipt of your check# 2059 in the amount of $1 , 138 .28 ,
received on May 7, 2003.
This payment satisfies in full the civil assessment in the amount of S 1,138.28 levied
against Sinclair Hog Farm and this enforcement case has been closed. Payment of these
penalties in no way precludes further action by this Division for future violations.
SL:sw
cc:
If you have any questions please call Steve Lewis at [phone] ext. 539.
Sincerely,
-),d~~~~~
U Non-Di scharge Compliance & Enforcement
~yenevi}Ie=Regianal Office
Enforcement/Compliance Files # PC 03-008
Central Files
&;~ -----------------------------------------------------NCDENR
Customer Service:
1-877 ·623-67 48
Mailing Address:
1617 Mail Service Center
Raleigh, North Carolina 27699-1 617
Telephone [phone]
Fax [phone]
State Courier #52·01 ·01
An Equal Opportunity I Affirmative Action Employer
50'% recycled I 10% post-consumer paper
http://h2o. enr.state.nc. us
Location:
512 N . Salisbury St
Raleigh, NC 27699-1617
Beverly Ean·.s Perdut, Gover nor
Dee Freeman, Secretary
North Carolina Dcparlmenl of Environ ment and Narural Reso ur ces
Coletn II . Sullin s, Director
Dil'ision of Water Quali ty
AQUIFER PROTECTION SECTION
CERTIFIED MAIL
RETURN RECEJJ>T REQUESTED
Mr. Phillip Williams
Phillip Williams Farm
5 00 Bells Branch Road
Newton Grove, North Carolina 28366
October 15, 20 I 0
Subject: NOTICE OF DEFICIENCY
Phillip Williams Farm
Faci lity No. 82-6 25
Permit No. A WS8 20625
Sa mpson Cou nty
NOD-20 l 0-PC-1 076
Dear Mr. William:>:
O n February 2, 20 I 0, th e staff of the NC Division of Water Q u a lity (DWQ), Aquifer Protection Secti o n
(APS), were notified by Jo nath an Miller of a high fr eeboard level in o ne or m ore of the facilitie s lagoo ns .
As a res ult o f th is inc ide nt , you a r e h e reby notified th a t, hav in g been permitted to have a non-di scha rge
permit for the s ubj ect animal wast e d is posal system pursuant t o 1 SA NCAC 2T .1300, you have been
found to be in viola ti o n of your Certified Animal Wa s te Managem e nt Plan (CA W MP) and th e Swin e
Waste System General Pe rmit No. A WG I 00000 as foll ows:
Deficiency 1:
Failure to maintain waste levels in your lagoon/storage pond s in accord a n ce with the facility 's CA WMP
in accordan ce with Condition V. 2. Of Sw in e waste Syste m Genera l Permi t No. A WG I 00000.
O n February 2, 2 0 I 0, a la goon /storage po nd level was d ocume nted at J 8 .8 in ches of freeboard . A level of
I9 in ches is th e maximum level a ll owed by your permit an d Certifi ed Animal Wast e Ma nageme nt P lan.
Continue to follow the p roposed actions outlined in your Plan of Action (POA) s ubmitted to the
Fayetteville Regional Office. Take a ll necessary add itiona l steps to in sure lagoon levels remain in
complia n ce with Sec ti o n (2) of your permit.
!\hiling Address
1617 Mail Service Cen te r
Raleigh, NC 27699-1617
Internet : www .nrwatuqrr;llitv.un:
Phone [phone]
Fu (919) 807-649 2
Location
5 12 N. Sali sbury St.
Rakigh. NC 27604
C ustom er Scn·icc 1-l.ni-623-6748
An Equal Oppo rtu nity/Affirma tive Action Employe r -50% Recyc led/10% Post Cons umer Paper
,One C . N.Pflh arohn a
.;\IIJturally
Page 2
Mr. Phillip Williams
October 15, 2010
~ . ' .....
If you have not already done so, provide a written response to this Notice of Deficiency once lagoon
lcn~ls are back in compliance.
Failure to comply with conditions in a permit may result in a rt:commendation of enforcement action, to
the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that
twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance
with the terms, conditions, or requirements of a permit under authority of G .S. 143-215.6A.
If you have any questions concerning this Notice, please contact me at (91 0) 433-3300.
cc: Keith Larick/APS CAFO Unit
FRO Compliance Animal Files
NCDSWC-FRO
Sincerely,
'
se~rch Page 1 of2
X'Z-~25
Incident
Dctailsl
Incident
Dl·tails2 Freeboard Levels
* Incident Type: !Non-Compliance .~~.POr:!~~-
. --.~~-* Category: APS -.A.nimal ·.-
* Started Dateffime : 02!02/20 10 10:05 am
* County : Sampson
DD:MM:SS
Events Related Incident~
Incident Number : !201
Farm#: 820
Decimal
Latitude:
Longitude:.
Position Accuracy: ---Se lect Value---
Position Method: ---Se l ect Val ue ---
Position Datum : -l S:Iect Value---· ·)
(\Lt' " Reporting Person : _ Anonymous
First Name : Jonathan
Middle Name :
Last Name : Miller
Phone:
* Location of the Incident :
Address :
City/State/Zip: Newton Grove
Cause/Observation of the incident :
Action Taken :
Surface Water Impacted : Yes No ~ Unknown
Waterbody : ---S e lect \/::~lue --­
Watcrbody (Other):
Report Received By : Revds, Ric:ky .
Phone: j (9 10)·133-3300
Dateffime: 02102120 .10
jno
·to:05 nrn
,a
Directions :
Comments/Findings :
Address:·
City:.
State/Zip : ·
Cell/Pager :
Water Supply Wells within 1500ft: ' :
Groundwater Impacted: r ·;
Conveyance : ---!:
RO Contact : Re1
Phone: 1(911
02i l
Datcffime:
http ://bims.enr.state.nc.us:700I /select0ndncident.do?id=3 M05FMYG 0076NOX4BQ2 RG ... 9/3 0/20 10
search
Referred Via : Fax
Specific Causes :
---.: Severe Natural Condition _ Vandalism
Page 2 of2
Referred Via: ·Fa)
: __ Pump Station Equipment Failure
f Fin~sh -i I c~:ncel-j l ____ --'--· ----=:_ _ ___;_
http://bims.enr.state.nc.us:7001/select0nelncident.do?id=3M05FMYG0076NDX4BQ2RG... 9/30/2010
search Page 1 of 1
Incident Dctailsl Incident Details2 Freeboard Levels Events
Incident Type: Non-Compliance Reporting Incident Number: 201000764
Dateffime: 02/02/2010 10:05 am Farm#: 820625
County : Sampson
Responsible Party:
Incident Owner :
Permit : AWS820625
Facility:
First Name:
Middle Name :
Last Name:
Company Name:
Phone:·
{Clear Responsible PartY-]
Onsite Contact :
First Name:
Middle Name :
Last Name:
Contact Agency :
Phone:
Cell/Pager :
Fish Kill : Yes No "' Unknown
Containment: Yes No " Unknown
Storage tank : AST UST
Written Report Requested :
Information Requested :
Closed Date :
http://bims.enr.state.nc. us:700 1/maintainlncident 1 .do
City: Newton Grove
, Find Owner [Clear]
-~Find Permit [Clear]
Find Facilitx [Clear}
Address:
City:
State/Zip:
Cell/Pager :
~-------· :-·
Report Entered By : Revels, Ri~f
Phone : j(91 0)43~~33
Dateffimc: !o2!10/201D
Estimated Fish Kill :
Cleanup complete: Yes
Well Contractor Cert#: ---Select Va
;_~!nisi1 _ I Cancel j
9/30/2010
Agencies ..
Incident
D etails]
Inci dent
Dc t a iJ s2
Page 1 of 1
Free board Le ve ls Events R e la te d Inc ide nts Acti o n Hi s tory
Incident Type: Non-Compliance Reporting Incident Number: 201000764
Dateffime: 02/02/2010 10:05 am Farm#: 820625
County: Sampson
F ree board Level s
Delete Was te S tru c t ur e
T y pe
Lagoon
W a<;tc S tru cture
ldentili cr
~ 82-625
Freeboard
(inches)
. :18.8
City: Newton Grove
I
Pl a n
Recei ved
D a te/Time
02/02/2010
12:00 am
Ph ,tf 'l w.f f, u."'" 5
~S ?to~z_S
Date/Time
F reeboard
L evel OK
/ z.:.-£c_dd·t.(-6 2. -<.p ;:,
5~o~6
http://bims.enr.s ta t e .nc.us:700I /m aintai nlncid ent2.do 9/30 /2 01 0