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Home My WebLink About090129_NOV-2023-DV-0052_20230207ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality February 7, 2023 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7020 0090 0001 7206 2871 Murphy -Brown LLC PO Box 856 Warsaw NC 28398 Subject: NOTICE OF VIOLATION/ NOTICE OF INTENT Administrative Code 15A NCAC 2T .1304 NOV-2023-DV-0052 BIMS Incident No. 202300204 Farm 7692 Facility Number 09-129 Permit AWS090129 Bladen County Dear Murphy -Brown LLC, On January 27, 2023, staff of the NC Department of Environmental Quality (DEQ) Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS) received a phone call at 4:58 PM from Mike Cudd about a spill at Farm 7692 Permitted facility AWS090129. We wish to thank Mr. Cudd and other staff for their cooperation and assistance. As a result of this inspection, 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 .1304, you have been found to be in violation of your permit as follows: GDE NORTH C OLI JA ' omm mr� ep..of o�.i North Carolina Department of Environmental Quality I Division of Water Resources Fayetteville Regional Office 1225 Green St., Suite 714 I Fayetteville, North Carolina 28301-5043 910.433.3300 Page 2 Murphy -Brown, LLC February 7, 2023 Violation 1: Failure to prevent discharge of waste to surface waters or wetlands by using a manmade conveyance. N.C.G.S. 143-215.10C - (Permit No. AWG200000 Section Conditions I 1). On January 27, 2023, DWR staff received a call from Environmental Systems Manager Mike Cudd and informed us that the recycle line had failed and caused waste to flow into a secondary containment which the valve had been left open by the Farm Manager. DWR staff documented with pictures waste had flowed to Little Turnbull Creek. In addition, DWR staff documented the recovery process of the waste in Little Turnbull Creek back to the lagoon. Water samples were taken by DWR staff on January 30, 2023. Required Corrective Action for Violation 1: Thank you for the fast response on the recovery of waste and repair of recycle line. Follow through with the line items listed in the five-day response letter that was sent to DWR on February 1, 2023 stating the corrective actions such as retraining staff on secondary containment procedures, managing secondary containment and valves, and having the line repair evaluated by a contractor. The Division of Water Quality would like to thank Mr. Mike Cudd for providing the items listed below, received at the Fayetteville Regional Office on February 1, 2023. If you would like to provide any additional information regarding line item 1 and 2, please provide your response within 30 days of receiving this letter. 1. An explanation from the OIC for this farm regarding how this violation occurred. 2. A list from the OIC concerning the steps that will be taken to prevent these violations from occurring in the future. As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty assessment to the Director of the Division. If you wish to present an explanation for the violations cited, or if you believe there are other factors, which should be considered please send such information to me in writing within ten (10) days following receipt of this letter. Your response will be reviewed, and, if an enforcement action is still deemed appropriate, it will be forwarded to the Director and included for consideration. DE NORTH CAROLINA gaparMeM of Environment,/quay North Carolina Department of Environmental Quality I Division of Water Resources Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301-5043 910-433-3300 Page 3 Murphy -Brown, LLC February 7, 2023 Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Resources 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 Steve Guyton (910) 303-0151 or me at (910) 433-3336. Sincerely, DocuSigned by: mAk- 5189C2D3DD5C42B... J. Trent Allen Regional Supervisor Water Quality Regional Operations Section Division of Water Resources cc: FRO Compliance Animal Files-Laserfiche Smithfield Farms D_E NORTH CAROLINA gaparMeM of Environment,/quay North Carolina Department of Environmental Quality I Division of Water Resources Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301-5043 910-433-3300 DE NORTH CAROLINA gaparMeM of Environment,/quay North Carolina Department of Environmental Quality I Division of Water Resources Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301-5043 910-433-3300 DE NORTH CAROLINA gaparMeM of Environment,/quay North Carolina Department of Environmental Quality I Division of Water Resources Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301-5043 910-433-3300