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HomeMy WebLinkAbout820625_ENFORCEMENT_20171231NORTH CAROLINA Qeparbnent of Environmental Quality Michael F. Easley, Go\'emor William G . Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality February 18, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Phillip Williams Phillip Williams Farm 500 Bells Branch Rd Newton Grove, NC 28366 Subject: NOTICE OF VIOLATION 2008-PC-0129 Administrative Code 15A NCAC 2T .1300 Phillip Williams Fann Facility No. 82-625 Sampson County Permit No. AWSB20625 Dear Mr. Williams: You are hereby notified that, having been permitted to have a non-discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2T .1300, you have been found to be in violation of your 2T .1300 permit. Violation 1: Incorrect waste application; Land application rates exceed the agronomic rate for the receiving crop: (Permit No. AWS820625, Section II condition 4) During the annual compliance inspection conducted on December 19, 2007, it was determined that waste was applied in excess of the recommended PAN rates for field/pull1-1, 1-2, and 1-3 . The over-application amount was less than 10% of the total PAN for each of the three fields/pulls. Required Corrective Action for Violation 1: Please be sure to track the PAN applica tion closely enough to prevent this from reoccurring in the future. If this type violation continues to occur in subsequent years, the Division will conduct enforcement actions if necessary. Violation 2: Failure to obtain a valid animal waste analysis: (Permit No. AWS820625, Section Ill condition 5) During the annual compliance inspection conducted on December 19 , 2007, it was found that irrigation activity occurred during an approx imately three-week period during the fall of 2007 without a valid waste analysis . North Carolina DWQ/A<Juifer P ro tec ti o n Section 225 Green St./ Suite 7 14 Fayetteville, NC 28301 Pho ne (9 1 0) 433 -3 300 FAX (9 1 0 ) 486-0707 lnte met: h2o.enr.s tate nc.us C ustom er Service 1-877 -623 -67 48 An Eq ual Opport unity/Affirmative Action Employe r -50% Recycled/10% Post Cons ume r Paper ~{thCaro!ina ;vat11rallg Mr. Williams February 18. 2008 Page 2 Required Corrective Action for Violation 2: Please be sure to conduct an analysis of the animal waste to be applied as close to the time of application as practical and at least within sixty (60} days (before or after} the date of application. Every reasonable effort shall be made to have the waste analyzed prior to the date of application and as close to the time of waste application as possible in accordance with recommended laboratory sampling procedures. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for these violations or any past or future 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 any questions concerning this matter, please do not hesitate to contact Ms. Christine Blanton, Environmental Engineer If, or myself at (910} 433-3300. SB/cdb cc: APS Central Files RRGf"AR·s:FTies' Anthony Diai-SWC , FRO Agriment Services, Inc FROM : Rf11R I MENT SERU ICES INC FRX NO . : 12525682750 AGRIMENT SERVICES INC. WASTE MANAGEMENT CONSULTANT'S RECEIVED FEB 29 2008 Feb. 29 2008 03 :57PM P1 P .O. BOX 1096 BEULAVIUE, N.C. 28518 OFFICE: (252) 568-2648 MOBILE : (910) 28~394 Fax OENR -FA YETTEVII. LE REGIO NAL OffiCE TO: CHRISTINE BlANTON FROM: GENO l<f:NNEOY FAX : (91 O) 48R·07.0} . ., ... --OATE : FEBRUARY 211 . 2008 P . .:..:H..::..ON:..:.:E:.:...: _...:(~(:l.:..:S2:.:..l.::...:S8:..:.8...::.-2.::.._~...::.9 _________ T IME : 2::10 P1.4 RE: WASTE ANAL VSJS REPORT/PHILLIP WilliAMS PAGES: 7 0 Urgent 1i:7 For Review 0 Plea .. Comment 0 Please Reply D Please lleeyde ..Q QJ l.L. X ff a a: l.L. Grouet: Waste Analysis Report 500 8ell5 B.raull Rd X-ewton Gm\>t, NC. 21366 ['I') 0.. E ~ lf) ['I') Cil ~ R1 ..Q nJ I.J... l?l 1'-~ ~ ~ .-i ~ X a: I.J... u z ffi a: .E: 0 cr I.J... ' I t'ivuer: Waste Analysis Report s 373 VIAIUCIIM: .LLS ~ Wll1lam&, PMIJJp SOO Ws Bl'llldl ~ USOA-'iRCS·S3mp!on NeQ!ooGroYe , NC 28356 Fa 1m: 32~1) S•mpMID Ccuaty 8 Mo '1-@1 0.38 l.73 l.o\.~ l.l4 v 0.. (f) w u -~ I-~ Waste Analysis Report To tar /I'I\V -NJU -,.\Uj OJ.N llewlon GI'O\~ NC 18~ filrlf.: 82~2S Waste Analysis Report liouer: ftllanu, PhJIIJp 500Bell Bnnch Bd N!NtOO Grove, XC 28366 ,., Co/Ms To : Agrimtnt Sm'i:es [nc. USO,VfRCS~ FROM :8GRIMENT SERVICES INC FAX NO. :12525682750 Feb. 29 2008 03:59PM P6 Fetf 21 06 10:488 PHILLf~ WILLIAMS FARMS 910 594 1094 p.1 , WiUillnl 0. R-. lr~ S.:""""ry Nortta Carol1n1 DleJ411hi\iflt oflimironmau 111111 Nanual Resolltf~ February 18,2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED ML Phillip \NIIrlams Phillip Williams Farm 500 Bells Branch Ref Newton Grove, NC 2B366 Subject NOTICE OF VIOLA !JON 2008~~129 AdministratiiiB Code 15A NCAC 2T .1300 Phillip V\lilliams Farm Faciity No. 82-625 5ampson County Permit No. AW$820625 Dear Mr. Williams : Colccn H. SaUiM. Oin:Qor Uivi:sivn ofW~ Qulllicy You are herebv notified that, having been permitted to have a non-discharge permit for the aubject animal waste diaposal system pursuant to 15A NCAC 2T . 1300, you have been found to be in violalion of your 2T .1300 pennit. Violation 1: Incorrect waste application; Land Application nrtes ezceea me agronomic rate for lite receiYing crap: (Permit No. AWS820125, sec:tlon u condftion 4) During the annual compliance inspection conducted on December-19, 2007, it waa determined that waste was applied In excess at ttle c:eccmmended PAN ra• ror fteldlpul 1-1, 1-2. and 1-3. The over-application amoum was less than 10% r;,f the total PAN for eact. of the tl'lree fiekt~pulla . Required Correcave Actign lor Vlolotron 1 ; Please be sure to tra~ the PAN application closely enough to prevent this from reoccllrring in the future . If tills type violation ocntlnues to oocur In subseq~nt years, the Divi~ion will conduct enforcement actions if necessar~. Vloladon 2: Faiture to obtain a valid animal wasta analysis: (Permit No. AWS820625, Section IU condition 5) During the annual compliance inspection conducted on DecemDer 19, 2007, it was fOund that irrigation activity occurred during an approximately three-weel< period dunng the fall of 2007 without iii vaHcl waste analysis. Nonh Cllftlfiu DWQit\quifcr t'roteaiora Seclinn 22S Oreen St.! Suite 714 Fr.ycucvillc, NG 18301 Phone (91U) 433-1300 1' I\}( ('J 10) 486-D7C7 lnlefNit ~.w.lllldll.nc.U$ Cu sro"'cr SefWiee I 477-623-€748 FROM :~GRIMENT SERVICES INC FRX NO. :12525582750 Feb . 29 2008 03:59PM P7 Fell 21 08 10:48a Mr. Williams February 1 e. :zODB Page2 PHILLIP WILLIAMS FARMS Required Comtctive Action for V"tolilllon 2: 910 594 1094 p.2 Please be sure to ecnduot an an:aty&Jis af the animal waste to be applied as close to the time of application as practical and at least wttnln s.lxty (6C} days (before-or after) t~e date .of application. Eve-ry reasonable effort shall be made to have the waste analyzer.r:l prior to the date of RpplieRtion end as close to the time of wasle application a~a possibl!! in accordanct!! with r&eOmmenderf laboratory sampling procedums. Please be c:advisctl that this notice dcea not prevent ths DiW"isian of Watar Quallt)' from taking enforcement actions for these violations or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy a civll penalty of not more than 125,000.00 per day per violation. If you n~e a,y questions conocming this matter, please do nat hes.itate llo contact Ms. Christine Blanton, Environmental Engineer II, or myself at (910) 433-3300. hardt r Prolsction Supervisor SB/cdb cc: APS Central Fdes FRO APS Flies Anthony Oiai..SWC, FRO Agriment Services, Inc Phillip Williams Phillip Williams Farm #82-625 500 Bells Branch Road Newton Grove, North Carolina 28366 June 28, 2016 Belinda S. Henson NC Division of Water Resources 225 Green Street-Suite 714 . Fayetteville, North Carolina 28301-5043 Reference: NOD-2016-PC-0242 Dear Belinda S. Henson: RECEIVED DEQ/DWR JUN 3 0 2016 WOROS FAYETTEVILLE REGIONAL 0 FFICE This memo is to address the Notice of Deficiency letter sent to me on June, 15 2016. Please accept the following inform a tion for corrective actions. Deficiency 1: As always every effort has been made to keep our lagoon above the allowable level. As you are aware, at the time of this high freeboard occurrence February 24, 2016, we were having abo ve average rainfall. This made it hard to pump without causing any other problems. W e plan to take every necessary step to keep our lagoo n leve ls in compliance with our Certified Animal Waste Management Plan and permit. In conclusion our lagoon was back in compliance at 21" on March , 15 2016 . Currently our lagoon is at 42". Sincerely, Phillip Williams Owner/Operator Dee Freeman, Sc:cretary North Carolina Depanmen t of Env ir onmen t and Natu ral Resources Coleen H. Sullins, Director Division o f Water Quality AQUIFER PROTECTION SECTION CERTIFIED MAlL RETURN RECEIPT REQUESTED Mr. Phillip Williams Phillip Williams Farm 2926 Harnett=Dwm Highway Newton Grove, North Carolina 2 8366 October 8, 20 I 0 Subject: NOTICE OF DEFICIENCY Phillip Williams Farm Facility No. 82-625 Permit No. A WS820625 Sampson County NOD-20 I 0-PC-1 076 Dear Mr. Williams: On February 2, 20 I 0, the staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS), \Vere notified by Jonathan Miller of a hi g h freeboard level in o ne o r more of the facilities lagoons. A s a result of thi s incident, you are hereby notified that, having been permitted to have a non-di scharge pe rmit for the subject animal was te disposal system purs uant to !SA NCAC 2T .1300, you have been found to be in violation of your Certified Animal Waste Management Plan (CA WMP) and th e Swine Waste System General Permit No. A WG 100000 as follows: Deficiency I: Failure to maintain waste levels in your lago o n/s torage ponds in accordance with the facility 's CA WMP in accordance with Condition V . 2. Of Swine was te System General Permit No. AWGIOOOOO. On February 2, 2010, a lagoon/storage pond level was doc umented at 18.8 in ches of freeboard. A le ve l o f 19 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan . Continue to follow th e proposed actions outlined in your Plan of Action (POA) submitted to the Fayetteville Regional Office. Take all nece ss ary additional steps to insure lago o n levels remain in campi iance with Section (2) of your permit. Mailing Address 1617 Mail Service Center Raleigh, NC27699-1617 Internet : w..-w.ncw~tr.rgualitv.oq: l'hnnc (919) 807-6300 Fax (919) 807-6492 Lttcation St:! ~.Sali sbury St. Raleigh, NC 27604 Customer Service 1-877-623-6748 An Equal Opportun ity/Affirmative Action Employer-50 % Recycled/10% Post Consumer Paper One C 1. North aro wa )\7atural/fl Page 2 Mr. Phillip Williams October 8, 201 0 If you have not alread)' done so, provide a written response to this Notice of Deficiency once lagoon levels are back in compliance. Failure to comply with conditions in a permit may result in a recommendation 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. 143-2 15 .6A. If you have any questions concerning this Notice, please contact me at (91 0) 433-3300 . Sincerely, • .. Y:" ~~;;fd£·.~ /!' TonyW. Ho4utt Environmental Specialist Fayetteville Regional Office. cc: Keith Larick! APS CAFO Unit FRO Compliance Animal Files NCDSWC-FRO _AVA NCDENR North Carolina Department of Environment and Natural Resou rces Michael F. Easley, Governor William G. Ross Jr., Secretary Gregory J. Thorpe, Ph .D. CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Phillip Williams 500 Bells Branch Road Newton Grove , NC 28366 SUBJECT: Dear Mr. Williams : NOTICE OF DEFICIENCY W~l iams Farms (TOM 24) Facility No. 82-625 Sam pson County August 20, 2001 Act ing Director Division of Water Quality On July 3 1, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality, condu~ an inspection of the William s Farm in Sampson County. The inspection revealed that the bermuda grass crop in .both bermuda waste appl~tion fields had substantial compet ition with other grasses. primarily fall panicium , and si9nal grass. In addition , an inspection of the new bermuda grass field identified a leaking hydrant that had resulted in wasle ·ponding and drowning of the crop in a small area. The Division of Water Quality requests that the following item s be addressed : 1. The bermuda grass waste appl~oon fields may need to be resprigged in the early spring of 2002 due to the loss of the stand . Frequent cutting and removal of the crop should assist in the control of the grass competition . Contact an agronomist for ass istance with prepfant recommendations. 2. Locate and repair the bmken or malfunctioning hydrant prior to continued waste application . Fayetteville Regional Office 225 Gre en Street-Su ite 71 4, Fayettevi ll e, North Carolina 28301·5043 Ph one : 910·486·1541 \FAX: 910·486 ·0 707 \Intern et: ww .en r.state .nc .us/ENR An Equal Opportu nity\ Affirmati ve Action Emp loyer -50% Recycled \ 10% Post Cons um er Pap er Mr. Phillip Williams Page2 August 21, 2001 If you have any questions concerning this matter, please do not hesitate to contact me at (91 0) 486-1541. RFHJ rh cc: Sonya Avant-Compliance Group Central Files Sincerely, ' ~7 / ..--/// oY /&t:....J .-r· ,~Iz; Robert F. Heath Environmental Specialist Trent Allen -DSWC Fayetteville Office Wilson Spencer -Sampson County NRCS Gino Kennedy-Agriment SeNices Doug Niemond -TDM Farms _.