960067_Notice of Violation & Intent to Enforce_NOV-2026-PC-0024_20260127

JOSH STEIN
Governor
D. REID WILSON
Secretary
RICHARD E. ROGERS, JR.
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM# 9589 0710 5270 1690 1866 68
Mr. Wallace O. Green
Biox Renewables, LLC
6800 Woodhaven Court
Raleigh, NC 27615
NORTH CAROLINA
Environmental Quality
January 27, 2026
Subject: Notice of Violation / Notice of Intent to Enforce
BIOX Renewables, LLC #96-67
AWI960067
Wayne County
NOV-2026-PC-0024
Dear Mr. Green:
On January 5, 2026, staff of the NC Division of Water Resources (DWR), Water Quality
Regional Operations Section (WQROS) received a complaint about the BIOX Renewables
facility in Fremont, NC. In response, the Division conducted site visits on January 6, 9, 13, and
14, 2026. Findings indicate wastewater from the covered lagoon was applied to adjacent lands
(held under separate ownership), resulting in runoff. Receiving lands are not covered in the
facility's Certified Animal Waste Management Plan. Wastewater was also observed on the
surface of the covered lagoon, which indicates that the cover is compromised. Consequently,
stormwater management practices employed at the facility resulted in violations of the facility's
permit due to improper management of animal waste.
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 15A NCAC 2T
Section .1300, you have been found to have had a discharge of wastewater to a receiving ditch,
not adequately maintained the waste management system and operation, conducted non-
compliant application events, contributed to ponding and runoff of wastewater, failed to secure a
licensed operator to provide facility oversight, and failed to properly inspect land application
sites and the treatment system in accordance with your Certified Animal Waste Management
Plan and the Swine Waste System Individual Permit No. AWI960067 that you are covered to
operate under. Specific violations follow.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1636 Mail Service Center Raleigh, North Carolina 27699-1636
NOPTH CAROI INA i
oevw..Mm�n^�^via^e\ /`"o 919,707,9129

Violation 1:
Failure to prevent wastewater from entering ditches that drain to surface waters in accordance
with the facility's Certified Animal Waste Management Plan in accordance with Condition 1. 1.
of Swine Waste System Individual Permit No. AWI960067.
On January 6, 9, 13, and 14, 2026, while investigating a complaint, the Division identified
wastewater in ditches that drain to surface water. Samples were collected and preliminary results
confirm the presence of wastewater.
Required Corrective Action for Violation 1:
When irrigating wastewater please ensure it is applied only to sprayfields covered under your
CAWMP. In addition, irrigate when conditions permit and at compliant hydraulic and
agronomic rates. Action shall be taken to abate, recover, and mitigate wastewater within ditches,
open fields, and/or other receiving lands.
Violation 2:
Failure to properly maintain treatment and irrigation systems in accordance with the facility's
Certified Animal Waste Management Plan in accordance with Condition I.9. of Swine Waste
System General Individual No. AWI960067.
During the complaint response, wastewater was found on top of the lagoon cover. Such
condition indicates that the cover has been compromised and holes are present within the cover.
Wastewater should not be present on top of the lagoon cover. Such condition contributed to
wastewater being mixed with stormwater on top of the lagoon cover. The mixture of wastewater
and stormwater was pumped to adjacent lands, with runoff occurring to ditches.
Required Corrective Action for Violation 2:
Please repair compromised areas and holes in the lagoon cover. Repairs must be certified by a
person in accordance with Condition II. 26. of your individual permit, as follows.
"Any major structural repairs to any waste treatment or storage structure including treatment basins,
digester, lagoons/storage ponds, and tanks must have written documentation certifying proper design and
installation. Professional engineers, authorized federal employees, and technical specialists with
Structural Animal Waste designation may provide certification. However, if apiece of equipment is being
replaced with apiece of equipment of identical specifications, no c certification is necessary [i.e. piping,
reels, valves, pumps (if the gallons per minute (gpm) capacity is not being increased or decreased), etc.]
unless the replacement involves disturbing the structure's embankment or liner. — [I5A NCAC
02T . 0108(b)] "
D E Q✓� North Carolina Department of environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1636 Mail Service Center I Raleigh, North Carolina 27699-1636
Roan, c..aaun+n �
919,707.9129

Violation 3:
Failure to maintain your facility in accordance with the facility's Certified Animal Waste
Management Plan in accordance with Condition II.1. of Swine Waste System General Permit
No. AWI960067.
During site visits in January 2026, the Division determined the facility was not properly
maintained. There was a presence of overapplied wastewater in the sprayfields, which are not
covered in the facility's Certified Animal Waste Management Plan and which also resulted in
runoff to nearby ditches. The cover on the lagoon has deteriorated and needs maintenance.
Required Corrective Action for Violation 3:
Please maintain the facility and waste management system to comply with current standards and
the CAWMP.
Violation 4:
Failure to irrigate at acceptable hydraulic rates in accordance with the facility's Certified Animal
Waste Management Plan in accordance with Condition II.5. of Swine Waste System General
Permit No. AWI960067.
The Division discovered wastewater ponding and runoff during complaint responses in January
2026. The waste was applied at excessive rates to fields and woods; the ground could not absorb
the overload of wastewater and therefore ran off to nearby ditches.
Required Corrective Action for Violation 4:
Irrigate on approved fields at acceptable rates to prevent ponding and runoff. Please review your
CAWMP to determine the proper hydraulic application rate.
Violation 5:
Failure to designate an operator in accordance with the facility's Certified Animal Waste
Management Plan in accordance with Condition II.15. of Swine Waste System General Permit
No. AWI960067.
The facility does not have an active licensed operator to manage the waste management system.
The facility is required to appoint and retain a designated operator until the facility is properly
closed out by current standards.
D E Q✓� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1636 Mail Service Center I Raleigh, North Carolina 27699-1636
Roan, c..aaun+n �
919,707.9129

Required Corrective Action for Violation 5:
Please designate a certified operator and send the appropriate designation form to the Division.
Violation 6:
Failure to inspect the land application site in accordance with the facility's Certified Animal
Waste Management Plan in accordance with Condition II.16. of Swine Waste System General
Permit No. AWI960067.
The employee conducting the irrigation failed to inspect the land application site during
irrigation as there was ponding and runoff of wastewater.
Required Corrective Action for Violation 6:
Inspect application fields at least every 120 mins during irrigation events.
Violation 7:
Failure to inspect the treatment system in accordance with the facility's Certified Animal Waste
Management Plan in accordance with Condition III.1. of Swine Waste System General Permit
No. AWG100000.
The facility failed to sufficiently inspect the treatment system as wastewater was present on top
of the lagoon cover and take necessary action to ensure proper management of wastewater on top
of the cover.
Required Corrective Action for Violation 7:
Inspect the treatment system at a frequency to ensure proper operation, but at least monthly and
after all storms resulting in 1 inch or greater rainfall in 24 hours. Maintain inspection logs as
required by the Division.
You are required to take any necessary action to address and remediate the above
violations. You are required to provide a written response to this Notice, including any
additional information that you wish to provide related to this incident that you wish for
the Division to consider within 30 days of receipt of this letter. Please include in your
response all corrective actions already taken and a schedule for completion of any corrective
actions not addressed.
As a result of the violations in this Notice, this office is considering a recommendation for a civil
penalty assessment and/or enforcement actions 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
D E Q✓� North Carolina Department of environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1636 Mail Service Center I Raleigh, North Carolina 27699-1636
Roan, c..aaun+n �
919,707.9129

should be considered, please send such information to me in writing within ten (30) 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.
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 than twenty-five thousand ($25,000) dollars against any "person" who
violates or fails to act in accordance with terms, conditions, or requirements of a permit under
authority of G.S. 143-215.6A.
All actions necessary to maintain adequate and compliant freeboard levels in both the covered
and uncovered lagoons must be taken. Until such time that all standing wastewater on top of the
covered lagoon is removed and transferred to the open lagoon and the cover repaired, all water
shall be managed as wastewater. Prior to managing water standing on the covered lagoon as
stormwater, it must be demonstrated that all water is characteristic of stormwater. Additionally,
the ability to characterize water as stormwater will be dependent upon the capacity to provide
written documentation to the Division in accordance to Permit Condition II. 26 referencing that
the cover is structurally sound and any required repairs have been satisfactorily performed.
Please ensure that required records are maintained and information is captured and completed on
Division based forms. Regional notification shall be provided in accordance with Permit
Condition III., 13. when any of the subject reporting criteria are met. Based on limited options
and resources to manage accumulated stormwater on the covered lagoon and any additional
short-term stresses that may be placed on the uncovered lagoon, weekly freeboard updates shall
be provided to the Division. Freeboard levels for both the covered and uncovered lagoons shall
be provided by Saturday of each week to: david.may&deq.nc.gov .
Aeration and/or recirculation equipment being used within the open lagoon is not designed to
evaporate and remove water from the structure. As such, the Division doesn't recognize
operation of such equipment as an approved method to manage water levels in the structure.
Should continued operation of such equipment result in an environmental incident or degradation
of the lagoon structure, BIOX Renewables shall take action as required to address issues that
may be attributed to aeration/recirculation activities. The Division encourages BIOX
Renewables to focus on utilization of land application and/or Pump and Haul activities as the
primary means to manage water levels within the facility structures. Maintaining viable
application fields should continue to be a priority.
If you have any questions concerning this Notice, please contact me at [phone].
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David May, P.G., Supervisor
Water Quality Regional Operations Section
Division of Water Resources
Washington Regional Office
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North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919,707.9129