960067_PC-2022-0042_FD_Final_Signed_20221205

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STATE OF NORTH CAROLINA
COUNTY OF WAYNE
IN THE MATTER OF
B&B PARTNERSHIP
FOR VIOLATIONS OF SWINE WASTE
GENERAL PERMIT AWI960067
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 143-215.1
NORTH CAROLINA
DEPARTMENT OF
ENVIRONMENTAL QUALITY
File No: PC-2022-0042
FINDINGS AND DECISION
AND ASSESSMENTS OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environmental
Quality, I, Michael Pjetraj, Acting Water Quality Permitting Section Chief of the Division of Water
Resources (DWR) make the following:
I. FINDINGS OF FACT:
A. B & B Partnership owns White Oak Farms, an Innovative Animal Waste Management System in
Wayne County.
B. White Oak Farms was issued Individual Swine Animal Waste Management System Permit
AWI960067 for White Oak Farm on June 17, 2020, effective upon issuance, with an expiration
date of October 31, 2022.
C. Condition I.1. of Individual Permit AWI960067 states "The animal waste collection, treatment,
storage, and land application system permitted under this Permit shall be effectively maintained
and operated as a non -discharge system to prevent the discharge of pollutants to surface waters,
wetlands, or ditches. Waste shall not reach surface waters or wetlands by runoff, drift, manmade
conveyance, direct application, direct discharge, or through ditches, terraces, or grassed
waterways not otherwise classified as state waters.".
D. On May 30, 2022, agents of the facility reported a failure of the digester cover (over the
anaerobic earthen - lined digester) resulting in a discharge of "foam" waste material from the
digester lagoon. DWR Animal Feeding Operations (AFO) staff made site inspections on May 30,
May 31, June 3, and June 7, 2022, including subsequent dates, confirming the discharge, and
observing the efforts made to contain the foam pollutant. During site inspections, ruptures in the
digester cover were identified and discharge and accumulation of the foam product at the facility
and into the surrounding environment were observed. A discharge did occur from the system
(covered digester lagoon) on and/ or following the May 30, 2022, incident, and proceeded to flow
overland into the wetlands and open water of Nahunta Swamp.
E. Condition I.8.b. of Individual Permit AWI960067 states "NC General Statute 143-215.101
requires the Facility covered by this Permit satisfy the performance criteria as prescribed in 15A
NCAC 02T .1307-.1309 and 15A NCAC 02D .1008 (a) Facility must substantially reduce
ammonia emissions. (b) Compliance and monitoring with respect to odor intensity levels at the
property boundary shall be evaluated at both upwind and downwind locations of each treatment
and animal housing site ...." Condition IV.5. in part states, "Ammonia air emissions from open-
air structures and barns shall be sampled quarterly."
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F. Ammonia emissions were not measured in 2021. The only explanation given in the annual report
is that "because the animal numbers were so low (50- 81), the ammonia emissions will be so low
compared to other waste sources".
G. Condition I.9. of Individual Permit AWI960067 states, "The Permittee shall conduct an
evaluation of the facility and its CAWMP [Certified Animal Waste Management Plan] to
determine the facility's ability to comply with the NRCS [Natural Resources Conservation
Service] nutrient management standard as it relates to phosphorus within six (6) months of
issuance of this Permit. The evaluation must be documented on forms supplied by or approved
by the Division and must be submitted to the Division. The Permittee may submit documentation
from a previous evaluation if performed within five (5) years of the issuance of this Permit."
H. Despite requests, phosphorus documentation has not been provided for review.
I. Condition I.13. of Individual Permit AWI960067 states, "The Innovative System including the
spray irrigation system shall be effectively maintained and operated at all times so that there is no
discharge to surface waters or any contamination of ground waters, which will render them
unsatisfactory for normal use. In the event that the Innovative system fails to perform
satisfactorily, including the creation of nuisance conditions or failure of the irrigation area to
adequately assimilate the wastewater, the Permittee shall take immediate corrective actions
including those actions that may be required by the Division."
J. The facility has operated beyond the scope of what is approved under the facility's permit,
including introduction of unapproved products. The covered anaerobic earthen -lined digester
cover failed resulting in the release of wastes into the environment and waters.
K. Condition II.1. of Individual Permit AWI960067 states, "The collection, treatment, and storage
units and the land application equipment and fields shall be properly operated and maintained at
all times."
L. Waste was discharged from concrete structures located on the western side of the digester. Air
quality was negatively impacted, and odors observed due to the incident were objectionable.
Fugitive waste product foam was uncontained beyond the digester structure. Accumulation of
solids and sludge were observed within structures with minimal freeboard remaining to safely
contain product. Field observations indicate prior unreported releases have impacted an area
extending off the southeastern corner of the digester structure continuing south towards Nahunta
Swamp. Groundwater monitoring data indicates exceedances of 15A NCAC 2L groundwater
standards at locations at or beyond the Compliance Boundary. The cover on the 970,000 gallon
mesophilic tank digester is in disrepair. Review of available information indicates that un-
approved materials and volumes of material in excess of permitted limits were introduced into the
digester system.
M. Condition II.14. of Individual Permit AWI960067 states, "The solids, residuals, or sludges
generated from this Facility must be disposed in accordance with G.S. 143-215.1 and in a manner
approved by Condition I.8.0 of this Permit. When removal of sludge from the treatment units is
necessary, provisions must be taken to prevent damage to any dikes and liners. The current
system design does not address treatment of solids, residuals, or sludges to the above referenced
requirements; therefore, these materials must be transported to an offsite treatment facility unless
or until a Permit modification is submitted and approved. If solids, residuals, or sludges
accumulate faster than predicted, and it is determined that designed treatment, storage, and
disposal methods are insufficient, the Permittee will immediately deactivate the Innovative
System, ceasing the generation of solids, until adequate solids storage and/or removal can be
designed, approve, and constructed."
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N. Based on observed volumes of solids, residuals, or sludges present at the facility, and no available
records demonstrating solids/ sludge removal and transporting to offsite treatment facilities,
solids have not been disposed of and properly managed at the facility. Despite problems in
February and indications that foaming conditions were occurring, the facility continued to accept
offsite waste and add that waste to the digester in a way that likely contributed to the failure of
the digester in May.
O. Condition III.2. of Individual Swine Waste Permit AWI960067 states, "No material other than the
following shall be disposed of in the Innovative System or other components of the animal waste
collection, treatment, storage, or application systems. (a) animal wastes of the type generated on
this facility; (b) up to 20,000 pounds/day of food waste (edible meat waste from Smithfield's
Kinston plant; and (c) up to 105 tons/day of swine animal mortality."
P. Condition VII.15. of Individual Swine Waste Permit, AWI960067 states, "This Permit is effective
only with respect to the nature and volume of wastes described in this Permit for the White Oak
Farms. Any proposed modification to an animal waste management system shall require
approval from the Division prior to construction."
Q.
Per the annual report submitted, the food waste far exceeded the allowable limit. Available
information indicates that in addition to animal waste, food waste (from Smithfield' s Kinston
Plant) and swine animal mortality, guts, filler, peptone, and blood, liquid protein have also been
introduced into the system. Available information also lists multiple days where more than
20,000 pounds of food waste was received and accepted by the facility.
R. Condition VII.9. of Individual Swine Waste Permit, AWI960067 states, "After the Innovative
System has been in use for one (1) year (does not need to be consecutive) the Permittee or their
designee must submit a comprehensive Operation and Maintenance (O&M) manual if the system
is to remain operational."
S. A comprehensive 0 & M manual was not provided by the deadline or during inspection. 0 & M
manual was submitted on July 18,2022.
T. Condition VII.10. of Individual Swine Waste Permit, AWI960067 states, "After the Innovative
System has been in use for one (1) year (does not have to be consecutive) the Permittee or a
designee must submit a comprehensive operator -training program to be approved by the
Division."
U. A comprehensive operator training program was not submitted for review and approval by the
deadline or during inspection. The training program was submitted with O&M on July 18, 2022.
V. Condition 11.1. of Individual Swine Waste Permit, AWI960067 states, "The collection, treatment,
and storage units and the land application equipment and fields shall be properly operated and
maintained at all times."
W. Accumulation of solids and sludge were observed within structures with minimal freeboard
remaining to safely contain product.
X. Failure to comply with groundwater quality standards specified in 15A NCAC 2L.0202 and/or
Interim Maxim Allowable Concentrations at or beyond the Compliance Boundary.
Y. Groundwater monitoring data for monitoring wells MW-1 and MW-2 report the following levels
for the March 30, 2022, sampling event.
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Date Sampled
Well
Ammonia (mg/L)
TKN
(mg/L)
Nitrate (mg/L) (2L
Std= 10mg/L)
(IMAC = 1.5(mg/L)
3/30/2022
MW-1
26.20
23.76
65.53
3/30/2022
MW-2
24.60
24.56
3.33
A review of the permit and Groundwater Monitoring Reports showed that total ammonia in
Monitoring Wells MW-1 and MW-2 were above the groundwater standard at or beyond the
Compliance Boundary.
Z. On May 30, 2022, B & B Partnership had non-compliance issues noted at a February 3, 2022,
routine compliance inspection. A Notice of Violation/Notice of Intent (NOV-2022-PC-0052) was
mailed on February 22, 2022.
AA. B & B Partnership received the Notice of Violation/Notice of Intent to Enforce-NOV-2022-PC-
0329 (dated July 5, 2022) on July 8, 2022, and a second Notice of Violation/Notice of Intent to
Enforce (dated September 2, 2022) was received on September 6, 2022.
BB. The cost to the State of the enforcement procedures in this matter totaled $2,020.42
Based upon the above Findings of Facts, I make the following:
II. CONCLUSIONS OF LAW:
A. B & B Partnership is a "person" within the meaning of G. S. 143-215.6A pursuant to G. S.
143-212(4).
B. Nahunta Swamp constitutes waters of the State within the meaning of G.S. 143-212(6).
C. The conditions described in Findings of Fact I.D constituted a violation of Permit No.
AWI960067 due to the unlawful discharge of wastes to waters of the State.
D.
The above cited failure to conduct air quality monitoring as described in Findings of Fact I.F
violates Condition I.B. b. and Condition IV.5 of Individual Swine Waste Management Permit
AWI960067.
E. The above cited failure described in Findings of Fact I.H is violation of Condition I.9. of
Individual Swine Waste Management Permit AWI960067 for failure to demonstrate
compliance with the NRCS nutrient standard for phosphorus.
F.
The above cited failure described in Findings of Fact I.J and I.L is a violation of Condition
I.13. and II.1 of Individual Swine Waste Management Permit AWI960067 for failure to
properly operate and maintain the collection, treatment, and storage units at all times. The
covered anaerobic earthen -lined digester cover failed resulting in the release of wastes into
the environment and waters.
G. The above cited failure described in Findings of Fact I.N is a violation of Condition II.14. of
Individual Swine Waste Management Permit AWI960067 for failure to manage solids,
residuals, or sludges.
H. The above cited failure described in Findings of Fact I.Q is a violation Condition III.2. and
Condition No.VII.15 of Individual Swine Waste Management Permit AWI960067 for failure
to limit introduction of unapproved materials into the Innovative System.
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DocuSign Envelope ID: DD044526-7145-4E65-8BDD-2CBF52CD6476
I.
J.
K.
The above cited failure described in Findings of Fact I.W is a violation of Condition II.1. of
Individual Swine Waste Management Permit AWI960067 for failure to maintain freeboard
levels.
The above cited failure described in Findings of Fact I.Y is a failure to comply with
groundwater quality standards specified in 15A NCAC 2L .0202 and/or Interim Maximum
Allowable Concentrations at the Compliance Boundary.
B & B Partnership may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2), which provides that a civil penalty of not more than twenty-five thousand
dollars ($25,000.00) per violation may be assessed against a person who is required but fails
to act in accordance with the terms, conditions, or requirements of a permit required by G.S.
143-215.1.
L. The State's enforcement costs in this matter may be assessed against B & B Partnership
pursuant to G. S. 143-215.3(a)(9) and G. S. 143B-282.1(b)(8).
M. The Chief of the Water Quality Permitting Section, Division of Water Resources, pursuant to
delegation provided by the Secretary of the Department of Environmental Quality and the
Director of the Division of Water Resources, has the authority to assess civil penalties in this
matter.
Based upon the above Findings of Facts and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, B & B Partnership, owner of White Oak Farms Inc., is hereby assessed a civil
penalty of:
$ 4000.00
$ 2500.00
$ 1000.00
$ 10,000.00
For violating Condition I.1. of Individual Swine Waste Management
Permit AWI960067 for failure to maintain & operate a non -discharge
system to prevent discharges to waters of the State.
For violating Condition I.B. b. and Condition IV.5 of Individual Swine
Waste Management Permit AWI960067 for failure to conduct air quality
monitoring.
For violating Condition I.9. of Individual Swine Waste Management
Permit AWI960067 for failure to demonstrate compliance with the
NRCS nutrient standard for phosphorus.
For violating Condition I.13.and Condition II.1 of Individual Swine
Waste Management Permit AWI960067 for failure to properly operate
and maintain the collection, treatment, and storage units at all times: a)
for failing to repair the cover of the mesophilic tank digester, and b)
Operating the system in a manner that did not preserve the structural
integrity of the lagoon cover.
$ 4000.00 For violating Condition II.14. of Individual Swine Waste Management
Permit AWI960067 for failure to manage solids, residuals, or sludges.
$ 5000.00 For violating Condition III.2. and Condition VII.15 of Individual Swine
Waste Management Permit AWI960067 for failure to limit introduction
of unapproved materials into the Innovative System.
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DocuSign Envelope ID: DD044526-7145-4E65-8BDD-2CBF52CD6476
$ 0
$ 0
For violating Condition VII.9. of Individual Swine Waste Management
Permit AWI960067 for failure to submit a comprehensive Operation and
Maintenance (O&M) manual by November 20,2018.
For violating Condition VII.10. of Individual Swine Waste Management
Permit AWI960067 for failure to submit a comprehensive operator
training program for approval by November 20,2018.
$_4500.00 For violating Condition II.1. of Individual Swine Waste Management
Permit AWI960067 for failure to maintain adequate freeboard levels.
$ 1500.00 For causing violations of groundwater quality standards specified in
15A NCAC 2L .0202 and/or Interim Maximum Allowable
Concentrations at the Compliance Boundary.
$ 32,500.00
$ 2020.42
$ 34,520.42
TOTAL CIVIL PENALTY
Enforcement costs
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health,
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;
(8) The cost to the State of the enforcement procedures.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations
occurring after the assessment period indicated above. Each day of a continuing violation may be
considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties
and investigative cost may be assessed for any other rules and statutes for which penalties have
not yet been assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to B&B
Partnership in accordance with N.C.G.S. 143-215.6(A)(d).
DocuSigned by:
12/5/2022 Efa.411 P%
32BDA3BFE0074C5
(Date) Michael Pjetraj (Acting) Chief, Water Quality Permitting Section
Division of Water Resources
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