Wastewater Enforcement/Confined Animal Feeding Operation: North Carolina Environmental Quality Notice of Alleged Violation Related to Jones County Farm

The North Carolina Environmental Quality Division of Water Resources (“Division”) sent a Notice of Violation/Notice of Intent to Enforce (“NOV”) to DC Mills Farm, Inc. (“DC”) regarding alleged violations associated with a lagoon failure. See NOV-2021-DV-0001.

The NOV provides that DC operates in Jones County, North Carolina, an animal waste disposal system pursuant to 15A NCAC 2T Section .1300.

Staff of the Division is stated to have received notification on December 21, 2020, that there was a lagoon failure and discharge of wastewater at the facility. The facility is stated to hold a non-discharge permit for the animal waste disposal system.

The NOV alleges the following violations:

1. Failure to prevent a discharge of wastewater to surface waters in accordance with the facility’s Certified Animal Waste Management Plan in accordance with Condition I.1. of Swine Waste System General Permit No. AWG100000 . (Requires action to prevent any further wastewater discharge by utilizing an engineer to develop a certified repair plan)
2. Failure to designate an Operator in Charge in accordance with the facility’s Certified Animal Waste Management Plan in accordance with Condition II.16. of Swine Waste System General Permit No. AWG100000. (Requires designation of an operator with a valid certificate)
3. Failure to issue a press release within 48 hours of discovery that the discharge reached surface waters in accordance with the facility’s Certified Animal Waste Management Plan and in accordance with Condition III.19. of Swine Waste System General Permit No. AWG100000. (Requires the facility to issue a press release)
4. Failure to issue a public notice within 10 days of a discharge of 15,000 gallons or more in accordance with Condition III.20. of Swine Waste System General Permit No. AWG100000 and General Statute 143-215.10C(h)(2). The public notice must be placed in a newspaper having general circulation in the county in which the discharge occurred and the county immediately downstream within 10 days of the discharge. (Requires the facility to issue a public notice as described in the relevant permit condition.)

DC is provided the opportunity to present an explanation for the alleged violations.

A copy of the NOV can be downloaded here.