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HomeMy WebLinkAbout820681_ENFORCEMENT_20171231NORTH CAROLINA Department of Environmental Quality March 6 , 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Weeks Farms Inc. 163 Ruffin Rd. Dunn, NC. 28334 Subject: NOTICE OF VIOLATION Michael F. Eash:y, Go ve rnor William G. Ross Jr., Secretary North Carolina Department of Environment and NaJural Resources Alan W. Klimek, P.E. Director Division ofWaJer Quality NCGS 143-215 et seq. & Section 402 of the Clean Water Act Weeks Farms Inc. Facility No . 82-681 Sampson County Permit No. NCA282681 Dear Mr. Weeks, You are hereby notified that, having been permitted to have a National Pollutant Discharge Elimination (NPDES) permit for the subject animal waste disposal system pursuant toN. C. General Statutes 143-215 et seq. and Section 402 of the Clean Water Act, you have been found to be in violation of your NPDES Permit. Violation 1: Discharge of animal waste to surface waters and wetlands as prohibited by your facility's pennit (Pennit No. NCA282681Section 11.) On Wednesday February 8, 2006 when conducting an annual inspection it was discovered that waste water from one of the houses had overflowed onto an adjacent field, then flowed into the woods and through a small drainage ditch to the edge of the surface waters in the swamp. Required Corrective action for Violation 1: If you have not already done so, immediately cease discharging and begin efforts to recover the discharged animal waste. This waste must be handled as prescribed by your CAWMP and applicable state law. Additionally, take au · necessary steps to ensure this violation does not reoccur. 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 . 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. North Caro lina Division ofWa1er Quality/Aquifer Protection Section 225 Green St./ Suit e 714 Fa yeneville. NC 28 30 1 Phone (91 0) 486 -1 54 1 FAX (910) 486-0707 lntemet h2o.enr .state .nc.us Custome r Serv ice 1·877-623-6748 An Equal Opportunity/Affirmative Action Employer-50% Recyded/10% Post Cons umer Paper ~.rJlCarolina ;vaturallu Mr. Weeks March 6, 2006 Page 2 If you have any questions concerning this matter, please do not hesitate to contact either Mr. Steve Guyton Environmental Specialist), or myself at (910) 486-1541. Sincerely, Step rnhardt Regional quifer Protection Supervisor SB/tab cc: Paul Sherman-Compliance Group Anthony Dial-SWC, FRO Central Files -Raleigh February 10, 2006 Discharge Notification Weeks Farms Inc. Facility No. 82-681 Dear Sirs, ___ _.,.,_.-..,-·----::---~· .. -l r_ .•• ; .; . J r , ..... ·- FEB 14 ZGd On Wednesday February 8, 2006 at 10:30 am, DWQ inspector Steve Guyton was with me conducting an annual inspection of my lagoon on fann 82-681 in Sampson County. We found waste water in a field beside the hog operation. Upon inspection, we found that the recharge pit in one of the six topping houses had overflowed. The waste water entered a storm drain between two of the hog houses and was discharged into a pasture beside the hog operation. The waste water gathered in the low areas of the pasture and in a couple of low areas at the edge of the woods bordering the pasture. The waste water flowed into the woods and through a small drainage ditch to the edge of the surface water in the swamp. We found that the waste water had just reached the surface water and was only in an area about ten feet from the point of contact. After Mr. Guyton suggested a plan of action, I began the cleanup process. Within an hour a backhoe was on site and I dammed up the small ditch where the waste water had reached the surface water. Next I dug a hole just outside of the woods for the waste water to flow back into out of the woods. I then dug two other holes in areas where the waste water had gathered next to the woods. Shortly after, more help arrived and we began to pump waste water out of the holes into a tank which was then emptied into the lagoon. More holes were dug in wet areas of the pasture and between the two topping houses. Pumping continued until after dark. Forty-eight hundred gallons were recovered that afternoon. Cleanup continued the next day and we recovered 4700 gallons. It should be noted that all of the water recovered was not waste water. There was already rainwater standing in some of the low areas of the pasture and the inspector acknowledged that one of the holes I dug early on was partially filling up with rain water. Also, the first hole that I dug was pumped out several times after there was only surface water running back into it from the swamp. We will start back today pumping out water that has gathered over night in the holes. Mr . Guyton has monitored the work closely and plans to be back today. At this point he wants us to keep the holes checked for several days and pump as necessary. It was determined from talking to one of my employees that the discharge happened on Tuesday, the day before the inspection. The employee failed to notify me. He emptied a pit in another house and when he went back to tum on the recharge pump for that house, he also, without thinking, turned on the other recharge pump that sent lagoon water to the house where the discharge occurred. After about an hour he realized his mistake and turned off the second recharge pump. Normally, recharge water flowing back into a full pit would overflow into the discharge pipes going from the house to the lagoon. We found on Thursday that these pipes were plugged with large clumps of waste and that is why the pit overflowed out of the house. The discharge pipes w e re unstopped on Thursday. To try to prevent this kind of problem in the future, I first explained to my employees that they must notify me immediately if there is a discharge. Secondly, at Mr . Guyton's suggestio~ I plan to install a cutoff gate at the end of the storm drain where it dumps into the pasture. Then if this type of discharge happens agai~ the gate could be closed to contain the waste water between the hog houses where it could then be recovered. Finally, we will be more careful to make sure that all parts of the pit recharge system are working properly. A waste sample from this lagoon was just mailed this past week. I will gladly forward a copy to you. Also, if you need any more information, please do not hesitate to contact me. My cell phone number is 919-820-1121 . fl;~wJ Ryan Weeks I ( ) / I % ~ I 1 I V \~J<.::L :/L__.-~)~5 ,,, ,I '. : r ') rnott bOht J ; \ §"'+~"'M -U _ l..::o d CJ ' -,c;.,"+f ~~ DENA-FRO JAN 2 6 2Gti3 01122/09 ow a This letter is to give written notification of a waste water spill on January 15, 2009 at facility number 82-861 . lltis is an independent operation owned by Weeks Farms Inc. The facility is located at 2915 Green Path Rd., Dunn, in Sampson County. The spill occurred out of one topping house. The topping house has a slated floor over a two foot deep pit that is emptied and refilled on a weekly basis. The pit was emptied on the afternoon of January 14th. The employee who emptied the pit said that it did indeed empty before he put the plug back in to refil1 the pit. He then turned the recharge pump on to refill the pit. The pump is operated by a timer switch. If the pit should fill before the timer turns the pump off, the excess water flows into the top of the stand pipe of the pit plug and back through the discharge line into the lagoon. These pit plugs have been redesigned in the last year with larger diameter pipe to make them more efficient. The failure of the system was two-fold. First, the timer switch hung in the "on" position and did not turn the pump off. Secondly, the discharge line from the house clogged between the house and the lagoon. When this happened the pit continued to fill until it reached the air vent holes just below the floor. At this level, the waste water flowed into the air plynum underneath the center walkway and flowed out of the house at the lower end of the building through the fan opening. From here the water flowed about thirty to forty feet to a storm water drain pipe. The storm water pipe carried the waste water out into a pasture beside the operation. On the other side of this pasture is a wooded swamp. The swamp is probably 200-250 yards from the hog houses. The waste water fanned out into two branches and ponded in two areas beside the woods. The waste water reached the swamp water at both spots. At each spot the red waste water appeared to go about 20-40 feet into the standing swamp water. The main run or stream is probably 150-200 feet from the edge ofthe woods. The employee who started the recharge pump left work at 4:15 p .m. that day, so the pump was started sometime before 4:00p.m. He found the problem the next day at 12:30 p.m. I have no way of estimating how much waste water was spilled. The recharge pump is probably 8-12 years old. The recharge lines are 12 years old and most likely partially restricted with salt. I also don't know at what point the discharge line to the lagoon clogged. The employee called me immediately. At that point I did not know the extent of the problem. I sent our maintenance man over to check out the problem. When he saw the seriousness of the problem, he called me and I sent him to get our backhoe, which was located at our home farm about 6 miles away. I met him at the site, called DWQ, and immediately started digging holes for the water to flow back into. We dropped a sump pump into the first hole and laid line all the way back to the lagoon. While our maintenance man, Tommy, got everything ready to pump, I dug three mare holes with the backhoe. At the same time 2 other employees used a metal snake to unplug the clogged discharge line going to the lagoon. One inspector stopped by to check on us and let me know that they were not able to reach me on my cell phone. In the mean time, I had already talked to another inspector J who came out the next morning and met with Tommy. (I was out of town the following day .) We pumped until about 9:00p.m. on Thursday. The next day , Tommy spent time pumping out of all of the holes. On Monday he went back and pumped any more waste water that had collected in the holes. He said fresh water was flowing back into the holes. We are currently looking at options to try to prevent this problem in the future. One idea is some type of holding tank for the storm water runoff. Another is some type of drain basin placed in front of the pit fan with a drain line going back to the lagoon. The timers for the pit recharge pumps are being replaced. We are also looking into a way to clean all of our discharge lines. Please find enclosed a sketch of the facility and the path of the discharge, as well as my most recent waste analysis. Please contact me immediately if you need any more information or have any questions. My cell phone number is 919-820-1121 . Our farm office number is 910-892-3930. Thank you . Ryan Weeks ;....tfl!!/j \ ' -~ I ~, ----~~ rl----_ _ _ _ <p · A · ....-...rl ._, -----' ---· . -. . --J t -3;-i -------~--_· -.-.-. i:;:..J'-··-r----=-:----~-~ -- .. NCDA&CS Agronomi c Divi sion Pho ne: (919)733-2655 We b S ite:.'MVW;ncagr :~mnvagr,onomV<! ; .. : :1;:-;:: ..•. -~: 1-:i.,:·: _;_ i-~;.:_!:-:i:~:".;·::. ·:··~ :;·'1 _;i~eport: W0427-t Growe r: Weeks, Rya n Copies To: PO Box 787 " ~{j~-Waste Analysis Report Dunn,NC 28334 . ~ Farm : 43-19 1/6/2009 Harne tt County . Sampl e Infor ma ti on Labo ra tory -Results (parts .. per, ~1U o~\uole ss1otlierwts e'jnotett~f~;*~~~;iii:rr~2:~;;J"~~1!~~®f~W~~~1}t.li£:~1~~~~-~~~:.;.w~::;;;{;;gs~;;~ ~ ::,.-· : .. , •'\.'O,~••••'ol ,. o •'''v"'' ....... f'•P •"'~"' •·•••-•..-I<.:J..<,,, __ . ~-I· tw o_, ,•I,.,,. ,I "):, , •, '• , •.!,lo ·• ,. , ~::.O.o."-~.a:'~ .• ;t,l_,,f,_,. , :'; ... . .... Sampl e ID: N p K Ca Mg s Fe M11 z, Cu B Mo Cl c 001 Tolt~l 48 2 82.3 39 1 148 36.5 35.6 . 4.22 0.25 0.91 0.3 5 0.59 IN-N Waste Code: -N/1 4 AL S -N03 Na Ni Cd Pb Al Se Li p H ss C:N DM% CCE% ALE (Klo\al) Des cription: OR-N 256 7.23 Swi ne Lagoo n Liq . Ul'ea Recommendations: Nutri ents Avail able fo r Flrs t·Cr oo . · ;lbs/1 000 Rallons Other Elements l bs/1 000 Rallons Appl icat ioll Method N PJ05 KJO Ca Mg s Fe Mtl Ztl -Cu B .'Mo Cl Na Ni Cd Pb AI Se Li Ir rigation 2.0 1.1 3.1 0.86 0.21 0.2 1 0.02 T 0.01. T . ·T " 2.1 Sample Information La bo rato ry Re sults (parts-per mil lio n unless 'ot herwtse•o'oted Y. ··<·~ ~ ~. ~:~-~~i :_;:-~··~f1~':: :~0-~-t ~-~-~~:~~!~ .. ;~:~~~r:;;p.·:.:r.-::;r ~ ~;~~:-~:~~~:~·~ ... ~ ~ .:!:;~~~····'. :.,~:~.;. - Sample ID: N p K Ca Mx_ s Fe Mn Ztt Cu B Mo Cl c :OOz! &2 -0 ~ I Total :u1 120 836 131 41.9 44.5 4.02 0.17 0.60 0.22 0.81 IN-N Waste Code: -Nll4 . AL S -N03 Na Ni Cd Pb AI Se Li pH ss C:N DM96 CCeJ6 Al.l~(K~al) Description : OR·N 552 7.36 Swl ne Lagoo n Ll q. llrett IRecom .J •• . Nutrients Availabl e for'·F ir'stCroo _·-.. ·.· ,,1 · .. lbsfl-OOOHta'lloti$.;:' ... ; iOth er· El em ents lb s/1000 Rallons . . .:.,..,; Appl icat ion Method N PJ05 K20 Ca Mg s .Fe M11 •' Zi!' ·c;/·,_,;_·:·--8 Mo -· ..• Ct-Nii Ni Cd Pb AI Se Li Ct JJ .... ·- Irriga tion 1.6 6.7 0.77 0.24 0.26 . 0.02 T T ... ;:T ·T '; _., ... 4:6 ; , ..... : .··. '• ··.·:: •. ~: i . ~ ,.· •,. '-" The was te product contain s a large amoun t of sodium. This elemen t can ac cumu late in so il s -where it replaces calcium and _co nttlbutes to excess so lub le salts. ·Sodi um-may also damage the foliage of sensit ive plants where the waste is a liquid and app lied in o\·erhead irr iRation sys tems . Monitor so dium accu mulation in the soli where the waste is routinely aoolied 12/5/2U08 Sample lnt'orm.atfon Sample /D: roo it Waste Code: ALS Description: Waste Analysis Report Dunn, NC 28334 trJ/ol IN-N -N/14 -N03 OR-N Urea N (f:BH Sampson County N P K Ca M S Fe M11 Zu Cu B 287 115 718 117 39.2 51.0 4.89 0.20 1.01 0.47 0.95 Na Ni Cd Pb AI Se Li H ss C:N 477 7.4 Nutrients Available for First Cro lbs/1000 allons · .Other Elements P205 K20 Ca Mg s Fo Mr~ z,. Cu .· B Mo Cl · Na Ni 1.5 5.8 0.68 0.23 0.30 0.03 r· 0.01 · T. 0.0 1 4.0 Mo .D/1196 CCb'96 ALE( al) lbs/1 000 allons Cd Pb AI Se Li CERTIFIED MAIL RETURN RECEIPT REQUESTED RyanDWeeks Weeks Fann Inc. 1 63 Ruffin Rd Dunn, NC 28334 December 1, 2006 Michael F. Easley, Govanor William G . Ross Jr., Sccrewy North Carolina Dc:paruneot of Environment and Natural Re;ourccs Alan W . Klimek. P .E. Din:ctor Division of Water Quality RECEIVED ·oEC06 2JII Subject: Application for Renewal of Coverage for Expiring NPDES General Permit Dear Permittee: Your facility is currentl y approved for operation under one of the Animal Waste Operation NPDES General Permits, which expire on July 1, 2007 . Due to changes in federal rules, facilities that do not discharge nor propose to discharge may choose whether or not to retain coverage under an NPDES General Permit. Copies of the draft animal waste operation NPDES general permits and the State Non-Discharge General Permits are available at http://h2o.enr.state.nc.us/aps/afou/downloads.htm or by writing or calling: NCDENR-DWQ Animal Feeding Operations Unit 1636 Mail Service Center Raleigh, North Carolina 27699-1636 Telephone number: (919) 733-3221 In order to assure your continued coverage under one of these two types of general permits, you must submit an application for permit coverage to the Division. Enclosed you will find a 'Request for Certificate of Coverage Facility Currentlv Covered by an Expiring NPDES General Permit.' The application form must be completed and returned by January 2, 2007. Please note. you must include two (2) copies of your most recent Waste Utilization Plan with the application form. Failure to request renewal of your coverage under a general permit within the time period specified may result in a civil penalty. Operation of your facility without coverage under a valid general permit would constitute a violation ofNCGS 143-215.1 and could result in assessments of civil penalties of up to $25 ,000 per day. If you have any questions about the draft general permits, the enclosed application, or any related matter please feel free to contact the Animal Feeding Operations Unit staff at 919-733-3221. Sincerely, ~6 £ ~-·-·----~·-----.. ____ _ -...... . ........ _. __ ' . ) Enclosures cc (w/o enclosures): Ted L. Bush, Jr., Chief Aquifer Protection Section Sampson County Soil and Water Conservation District Fayetteville Regional Office, Aquifer Protection Section AFO Unit Central Files-820681 Aquifer Protection Section Internet: www .ncwatqgualiry.org 1636 Mail Servic e Center Location: 2728 Capital Boulevard Raleigh. NC 27699-1636 Raleigh. NC 27604 An Equal Opportunity/Affinnative Action Employer-50% Recyded/10% Post Consumer Paper Telephone: Fax 1: Fax2: Customer Servi ce: ~rthCarolina (919)~~!~~/llV (919) 715-0588 (919) 715-6048 (877) 623-6748 Ryan 0 Weeks Weeks Farm Inc. 163 Ruffin Rd Dunn, NC 28334 Dear Ryan D Weeks: August 17,2007 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources · ri1 ·r·f' .·1 ,.Hit-It SEP 0~ 2IIJ1 l OENR _ FAY£TTEVIL.LE REGlONAL OlflCE ' Coleen H. Sullins, Director Division of Water Quality Subject: Certificate of Coverage No. A WS820681 Weeks Farm Inc. Animal Waste Management System Sampson County In accordance with your request for a change of penn it type received on August 14, 2007, we are hereby forwarding to you this Certificate of Coverage (COC) issued to Ryan D Weeks, authorizing the operation of the subject animal waste management system in accordance with General Permit A WG 100000. This approval shall consist of the operation of this system including, but not limited to, the management and land application of animal waste as specified in the facility's Certified Animal Waste Management Plan (CA WMP) for the A & P South, located in Sampson County, with an animal capacity of no greater than an annual average of 3840 Feeder to Finish swine. If this is a Farrow to Wean or Farrow to Feeder operation, there may be one boar for each 15 sows. Where boars are unnecessary, they may be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a rate of 4 gilts for every 3 sows. The COC shall be effective from the date of issuance until September 30, 2009, and shall hereby void Certificate of Coverage Number NCA282681 dated August 1, 2007. You are required to continue annual sur\reys of sludge accumulation in all lagoons at y o ur facility ; the one-year extension in Condition III.19 does not apply. Pursuant to this COC, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CA WMP, and this COC. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this facility . Any increase in waste production greater than the certified design capacity or increase in number of animals authorized by this COC (as provided above) will require a modification to the CA WMP and this COC and must be completed prior to actual increase in either wastewater flow or number of animals . Please carefully read this COC and the enclosed State General Permit. Enclosed for your convenience is a package containing the new and revised forms used for record keeping and reporting. Please pay careful attention to the record keeping and monitoring conditions in this permit. If your Waste Utilization Plan has been developed based on s ite-specific information, careful evaluation of future samples is necessary. Should your records show that the current Waste Utilization Plan is inaccurate you will need to have a new Waste Utilization Plan developed. Aquifer Protection Section Internet: www.ncwaterguali~·.o rg 1636 Mail Service C enter Location: 2728 Capital Boulevard An Equal Opportunity/Affirmative Action Employer-50% Recyded/10% Post Consumer Paper Raleigh, NC 2 7699·1636 Raleigh. N C 2 7 604 Telephone: Fll)( l : Fax 2 : Customer Service: ~rthCarolina ;Naturallg (919) 733-3221 (919) 715-0588 (919) 71 5 -6048 (877) 623-6748 The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable laws, rules , standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate under this permit convey any property rights in either real or personal property . Upon abandonment or depopulation for a period of four years or more, the Permittee must submit documentation to the Division demonstrating that all current NRCS standards are met prior to restocking of the facility . Per ISA NCAC 2T( .OH l(c) a compliance boundary is provided for the facility and no new water supply · .. ;r-' . I \ • ~ wells shall be constru-cted within the compliance boundary. Per NRCS standards a I 00 foot separation shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a spray field . Please be advised that any violation of the terms and conditions specified in this COC, the Ge neral Permit or the CA WMP may result in the revocation of this COC, or penalties in accordance with NCGS 143- 215.6A through 143-215 .6C including civil penalties, criminal penalties, and injunctive relief. If you wish to continue the activity permitted under the General Permit after the expiration date of the General Permit, an application for renewal must be filed at least 180 days prior to expiration. This COC is not automatically transferable. A name/ownership change application must be submitted to the Division prior to a name change or change in ownership. If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to apply for an individuaJ ·permit by contacting the staff member listed below for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. This facility is located in a county covered by our Fayetteville Regional Office. The Regional Office Aquifer Protection Staff may be reached at (910) 433-3300. If you need additional information concerning this COC or the General Permit, please contact Miressa D . Garoma at (919) 715-6937. Sincerely, /.c:;;J,~~ oleen H. Sullins Enclosures (General Permit A WG 1 00000, Record Keeping and Reporting Package) cc: (Certificate of Coverage only for all cc's) Sampson County Health Department Sampson County Soil and Water Conservation DistriCt Fayetteville Regional Office, Aquifer Protection Section AFO Unit Central Files Permit File A WS820681 RyanDWeeks Weeks Farm Inc. 163 Ruffin Rd Dunn, NC 28334 Dear Ryan D Weeks: August I, 2007 Michael F. Easley, Govanor William G. Ross Jr., Secretary North Carolina Department of Environment and Nati!Ial Resomces Coleen H. Sullins. Director RECE\VED O£h'R _ fAVE11EV1Llf REGIONAL OffiCE Subject: Certificate of Coverage No. NCA282681 Weeks Farm Inc. Animal Waste Management System Sampson County In accordance with your application received on December 7, 2006, we are hereby forwarding to you this Certificate of Coverage (COC) issued to Ryan D Weeks, authorizing the operation ofthe subject animal waste management system in accordance with NPDES General Permit NCA200000. This approval shall consist of the op·eration of this system including, but not limited to, the management and land application of animal waste as specified in the facility's Certified Animal Waste Management Plan (CAWMP) for the Weeks Farm Inc., located in Sampson County, with an animal capacity of no greater than the following swine annual averages: Wean to Finish: 0 Feeder to Finish: 3840 Wean to Feeder: 0 Farrow to Weari: 0 Farrow to Finish: 0 Farrow to Feeder: 0 Boar/Stud: 0 Gilts: 0 If this is a Farrow to Wean or Farrow to Feeder operation, there may also be one boar for each 15 sows. Where boars are unneccessary, they may be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a rate of 4 gilts for every 3 sows The COC shall be effective from the date of issuance until June 30, 2012 and replaces the NPDES COC issued to this facility with an expiration date of July 1, 2007. Pursuant to this COC, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this facility. Any increase in waste production greater than the certified design capacity or increase in number of animals authorized by this COC (as provided above) will require a modification to theCA WMP and this COC and must be completed prior to actual increase in either wastewater flow or number of animals. Please carefully read this COC and the enclosed General Permit. This General Permit contains many new requirements than the previous NPDES General Permit. Enclosed for your convenience is a package containing the new and revised forms used for record keeping and reporting. Please pay careful attention to the record keeping and monitoring conditions in this permit. The Animal Facility Annual Certification Form must be completed and returned to the Division of Water Quality by no later than March 1st of each vear. If your Waste Utilization Plan has been developed based on site-specific information, careful evaluation of future. samples is necessary. Should your records show that the current Waste Utilization Plan is inaccurate you will need to have a new Waste Utilization Plan developed. Aquifer Protection Section Internet: www .pcwatqguality.org 1636 Mail Service Center Location: 2 728 Capital Boulevard An Equal Opportunity/Affirmative Action Employer-50% Recycled/1 0% Post Consumer Paper Raleigh. NC 27699-1636 Raleigh, NC 27604 Telephone: Fax 1: Fax 2: C ustomer Savice: ~Carolina /Valllrall!f (919) 733-3221 (919) 715-0588 {919) 71 5-6048 (877) 623-6748 The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to opet:ate under this permit convey any property rights in either real or personal property. UP.Qn ~bandonment or depopulation for a period of four years or more, the Permittee must submit ~eYt~tiblJ to the Division demonstrating that all current NRCS standards are met prior to restocking of the facility. Per lSA NCAC 02T .Olll(c), a compliance boundary is provided for the facility and no new water supply wells shall be constructed within the compliance boundary. Per NRCS standards a 100-foot separation shall be maintained between water supply wells and any lagoon or any wetted area of a spray field. Per 15A NCAC 02T .1306, any containment basin, such as a lagoon or waste storage structure, shall continue to be subject to the conditions and requirements of the facility's permit until closed to NRCS standards and the permit is rescinded by the Division. Please be advised that any violation of the terms and conditions specified in this COC, the General Permit or the CA WMP may result in the revocation of this COC, or penalties in accordance with NCGS 143- 215.6A through 143-215.6C, the Clean Water Act and 40 CFR 122.41 including civil penalties, criminal penalties, and injunctive relief. If you wish to continue the activity permitted under the General Permit after the expiration date of the General Permit, an application for renewal must be filed at least 180 days prior to expiration. This COC is not automatically transferable. A name/ownership change application must be submitted to the Division prior to a name change or change in ownership. If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to apply for an individual NPDES Permit by contacting the staff member listed below for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. lbis facility is located in a county covered by our Fayetteville Regional Office. The Regional Office Aquifer Protection Staff may be reached at (910) 433-3300. If you need additional information concerning this COC or the General Permit, please contact the Animal Feeding Operations Unit staff at (919) 733-3221. Sincerely, for Coleen H. Sullins, Director Enclosures (General Permit NCA200000, Record Keeping and Reporting Package) cc: (Certificate of Coverage only for all cc's) Sampson County Health Department Sampson C9unty Soil and Water Conservation District Fayetteville Regional Office, Aquifer Protection Section AFO Unit Central Files Permit File NCA282681 /~ -' / -r · --· ; , .. ,r-, ........ · .. . -·-,.--;.'--~\----·--:::~· I ' \ \. .... \ . •·. . '-· .,_ . ... · ...... j •• r ' i,;.Jj . :q,:· 'II· . . ~~;;:. .·-! ·~ ,(.1 \'..··~'· . +·;:: ,, I '· .... N t • Hog Waste Spill AWS820681 January 15, 2009 ~()C{OOiq3 · •--==---==---~=======---• Feet 0 250 500 1 ,000 . 1,500 2,000 Field work 01/16/2009 by J . Schneier with GPS 1983 NAD State Plane Map created 02/11/2009 1983 NAD State Plane Surface Area of Spill -38,400 SF at>ocr oiJ flt3 March 5, 2009 Concerning the hog waste spill reported on January 15,2009 from facility no. 82- 0681, the following is a list of steps that have been taken or are currently being taken. This farm has a total of six houses. Two recharge pumps serve these houses, each pump responsible for three houses. Both timer switches have been replaced with new ones. The clogged discharge line was unclogged immediately upon finding the problem. The access to the discharge lines is a six inch PVC pipe that extends back out of the ground at a forty-five degree angle. The top of this pipe was lower than the effluent level in the house. When the cap was taken off to unclogged the drain line with a long metal "snake", the effluent started to back out of the pipe. We have since extended this pipe higher than the level of the effluent at each of the six houses. One major problem that has been addressed but not mentioned in the first report is the actual operation of the recharge system. There is one older gentleman who is responsible for taking care of the animals and the facilities at this location. He has many responsibilities and apparently did not understand the importance of emptying and refilling the pits in these houses on a regular basis. In addition, when he emptied a pit, he would often let it sit empty until the next day before he refilled the pit. On several occasions I told him that the pit should be refilled immediately to keep the manure left in the pit from drying out. Since the spill, Tommy (our maintenance man) and I have worked with him to teach him a better system of emptying and refilling the pits. He now has a schedule on a chart that he has to initial each day showing that he has both emptied and refilled the appropriate pits. The schedule calls for two pits to be emptied and refilled each day, Monday through Friday. I believe that adherence to this schedule will go a long way in keeping the lines clean and preventing a failure of the system. It is understood that even with proper operation of the system, it is possible that a drain line could plug again. After considering several options, we have decided to install an emergency drain line from each house back to the lagoon. If the discharge line plugs, the pit in the house continues to fill until the waste water level reaches the air vents that lead into the plynum. The effluent then runs down the plynum to the lower end of the house and out through the exhaust fan. We are presently installing a four inch PVC drain line at the bottom of the plynum at the lower end of the house that will reroute any overflow into the lagoon. We are also going to pour a six to eight inch high concrete ledge behind the fan to keep the effluent from running out of the house. If any of the above needs more clarification, pJease do not hesitate to contact me at 919-820-1121. Ryan Weeks MAR 1 0 2009 DENR-FA rt~~ c I;LLE r.t=G.Ji;AL oFRcr: · ----~------- .. -.. ' ... .,.,l~.i:ll. \18llll~PI·'--... L. •. ,. __ --__. -:=·,::-.···- p NA .NCDENR North Carolina Department of Environment and Natural Resources ~. Division of Water Quality Beverly Eaves Perdue Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Ryan Weeks 163 Ruffin Rd. Dunn, NC 28334 Coleen H. Sullins Director February 19, 2009 SUBJECT: NOTICE OF VIOLATION-NOV-2009-PC-0115 Administrative Code 15A NCAC 2T .1300 Weeks Farm Inc. Facility No. 82-0681 Sampson County Permit No. A WS820681 Dear Mr. Weeks : Dee Freeman Secretary 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: Discharge of animal waste ·to surface waters and/or wetlands as prohibited by your facility's permit (Permit No. AWS820681 Section 1.1) On January 15, 2009 you reported a hog waste spill coming from house #4 due to a faulty timer switch and clogged lagoon discharge line. The waste was collected by storm water drain, which exited in a dov.nhill pasture and subsequently reached state water at the edge of Mingo Swamp. The surface area covered by the spill was estimated by our staff at 38 ,400 square feet (0.9 ac). Required Corrective Action for Violation 1: The Division acknowledges your prompt response in reporting the spill, digging sumps, waste recovery, and submitting detailed report. Please ~ake all necessary steps to ensure this violation doe s not reoccur. AQUIFER PROTECTION SECTION 225 Green St. Ste. 714 Fayetteville, North Carolina 28301 Phone: 910-433-3300 I FAX: 910-466-0707\ Customer Service: 1-877-623-67 48 lntemet: -.,.h20.enr.state.nc.us An Equal Opportunily I Affirmative Action Employer NOneh 1. ort Caro tna !Vaturatlv Page 2 Ryan Weeks February 19, 2009 The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the following item on or before March 10,2009. I. Please have the OIC include a list of the steps that have been and will be taken to prevent this violation from occurring in the future. 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. 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. Joan Schneier, Enviroruncntal Specialist or myself at 910-433-3300. cc: APS Central Files FRO APS Files Danny Edwards-S WC-FRO Sincerely, FOfZ.. Stephen A. Barnhardt Regional Aquifer Protection Supervisor .. Pat McCrory Governor 09/10/2013 CERTIFIED MAIL 7010 3090 0001 3216 3994 RETURN RECEIPT REQUESTED Mr. Ryan Weeks PO Box 787 Dunn, North Carolina 28335-0787 Subject: NOTICE OF VIOLATION, NOV-2013-PC-0306. Incident 201301341 Administrative Code 15A NCAC 2T .1304 Weeks Farm, Facility No. 82-681 Penn it No. A WS820681 Sampson County Dear Mr. Weeks: John E. Skvar1a, Ill Secretary On 09/04/2013, staff of the NC Division of Water Resources (DWR), Water Quality Section, inspected Weeks Farm and the permitted waste disposal system. We wish to thank you for assistance during the inspection. As a result of this inspection, you are hereby notified that, having been pennitted to have a non-discharge permit for the subject animal waste disposal system pursuant to I SA NCAC 2T .1304, you have been found to be in violation of your permit as follows: Violation 1: Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified Animal Waste Management Plan. (Permit No. AWGIOOOOO, Section V. 2) On 07/03/2013, lagoon levels were documented at 15.0 inches of freeboard Weeks Fann. A level of 19.0 inches is the maximum level allowed by your pennit. The Division acknowledges heavy rainfall in your area during the last few months. 225 Green St., Suite 714 Fayettevine, North Carolina 28301-5095 Phone: 910-433-3300 I FAX: 910-4~707 lntemet: www.ncwaternualitv.org An Equal Opportunity\ Affirmative Action Employer Mr. Weeks 09110/2013 Page 2 of2 Required Corrective Action for Violation 1: Continue to follow the proposed actions outlined in your Plan of Action (POA) and received in the Fayetteville Regional Office on 07/4/2013. Take all necessary. additional steps to insure lagoon levels remain in compliance with Section V. 2 of your pennit. The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the following items: I. An explanation from the OIC for this farm regarding bow this violation occurred. 2. A list from the OIC concerning the steps that will be taken to prevent this violation from occurring in the future. You are required to provide a written response to this Notice by October llJ 2013. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. If you have any questions concerning this Notice, please contact Joan Schneier or me at (910) 433-3300. cc: Keith Larick CAFO Unit FRO Files Sincerely, October 1, 2013 To Whom It May Concern, DENR-FRO ocr o ~t 2813 OWQ This letter is to address the lagoon high freeboard violation that occurred on 07/03/2013 at facility number 82-681 owned by Weeks Farms Inc. in Dunn, N.C. The Division of Water Quality requested an explanation for this farm regarding how the violation occurred and a list of the steps that will be taken to prevent this violation from occurring in the future. On June 3rd, 2013, the lagoon freeboard level was at 26 inches. On the 6th and 7th of June a tropical storm dumped 5.30 inches of rain, which was the beginning of a unusually rainy month. Earlier in the spring, Rainman Irrigation, an independent irrigation dealer and service company, ordered parts and repaired our inoperable reel. When we tried to use the reel in June, it was still inoperable due to another problem, which a local welder tried to repair without success. At that point, we called Rainman Irrigation and ordered a brand new reel, which arrived on June 26th_ During the first irrigation event, a main underground trunk line ruptured, which took several days to properly repair. After that we were able to resume pumping the lagoon when the weather and conditions permitted. The initial and main factor contributing to the violation was the fact that the lagoon had not already been pumped down to a much lower level earlier in the spring. There are two factors that contributed to this. One is that I was away from the farm more than usual during the winter and spring due to research and a class that I was involved with in the biology department of a local university. That made it much more difficult to handle all of my responsibilities at the farm. Secondly, on December 26, 2012, my maintenance person who helped me keep the lagoon pumped at this farm left for a new job. After a new hire in February did not work out after a month on the job, I was able to hire someone full time in May. Then in late June, I was able to hire a second maintenance person who has been instrumental in helping me get both my lagoons pumped down. There are two things that will help prevent this type of event from happening in the future. One is the purchase of the new reel. The new reel works very well and is proving to be very reliable. We have already put many hours of operation on it without incidence since it arrived in late June. Secondly, having enough employees to heJp manage not only the lagoons, but more importantly the overall workload associated with the farm will help prevent this type of problem. Because we are an independent farrow-to-finish operation which grows its own grain and manufactures all of its feed, we are very dependent on our employees to handle most aspects of ' • the total fann operation. In addition to the two new maintenance persons that I hired, I also hired a third person to work in the hog operation. Having enough employees is making the workload more manageable. Hopefully, the changes mentioned above along with windows of good weather for irrigating will help us to stay in compliance in the future. Sincerely, ~c;:rvJ.J Ryan Weeks Vice-President and Operator In Charge PAT MCCRORY (jo vemor DONALD R. VANDER VAART Water Resources ENVIRONMENTAl QUAliTY Ryan D. Weeks PO Box 787 Dunn, NC 28355 Dear Mr. Weeks: Subject: April 28, 2016 NOTICE OF DEFICIENCY Ryan Weeks Permit # 82-0681 Sampson County Incident# 20160564 NOD -2016-PC-0137 Secretary S. JAY ZIMMERMAN On February 25,2016 staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS) were notified of a high freeboard level in the # 1 lagoon. We wish to thank and Mr. Weeks for notifying DWR of this incident. As a result of this incident, you are hereby notified that having been permitted to have a non- discharge permit for the subject animal waste disposal system pursuant to l5A NCAC 2T Section .1300, you have been found to be in violation of your Certified Animal Waste Management Plan and the Swine Waste System General Permit No. AWGIOOOOO that you are covered to operate under, as follows: Deficiency I: Failure to maintain waste lev~ls in your lagoon/storage ponds in accordance with the facility's Certified Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste System General Permit No. A WG 100000. On February 16, 2016 a lagoon/storage pond levels were documented at 17.0 inches. A level of 19.0 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan. Required Corrective Action for Deficiency 1: DWR has received a copy of your 30-Day Plan of Action (POA) for the high freeboard occurrence. Take all necessary additional steps to insure lagoon levels remain in compliance with your Certified Animal Waste Management Plan and permit. If you have any questions concerning this Notice, please contact me at (91 0) 433-3326 State of North Carolina I Environmental Qualily 1 Water Resources 1611 Mail service Cenler I Raleigh. North Carolina 21 699-161 1 919707 9000 Sincerely, Belinda S. Henson Regional Supervisor NCDEQ-Division of Water Resources Water Quality Regional Operations Section Fayetteville Regional Office cc. Sampson County Soil and Water Conservation District Prestage