August 13, Tanya L. Kuny Wells Land, Inc. 36 Ark-Tenn Road Clinton, AR Re: AFIN No.: State Permit No.: 4980-W. Dear Mrs.

Transcription

1 August 13, 2008 Tanya L. Kuny Wells Land, Inc. 36 Ark-Tenn Road Clinton, AR Re: AFI o.: tate Permit o.: 4980-W Dear Mrs. Kuny: On July 29, 2008, I performed a routine compliance inspection of your facility in accordance with the provisions of the Arkansas Water and Air Pollution Control Act and the regulations promulgated thereunder. This inspection revealed the following violations: 1. A broken pipe was observed south-east of the settling basin. This is a violation of condition 2 of your permit which requires the disposal system to be maintained in good operating condition at all times. 2. The holding pond freeboard was observed to be less than 19 inches as stated in your Animal Waste Management Plan. This is a violation of condition 18 of your permit. 3. Excessive vegetation was noted on the levees of the ponds. This vegetation is in need of being controlled. In the event of a discharge or leak, detection could go unnoticed due to the high vegetation. This observation is not in accordance with the Operation and Maintenance section of your Waste Management Plan and is therefore a violation of condition 1 of your permit. 4. Flush water solids were observed piled outside the concrete settling basin. The Design section of your Waste Management Plan requires any removed solids to be immediately applied with a manure spreader. This is a violation of condition 1 of your permit. 5. Department records show you have not completed annual training requirements, violating condition 12 of your permit.

2 The above items require immediate corrective action. Please submit a written response to the Enforcement Branch of the Water Division by eptember 3, The response should have documentation describing how the violations were corrected or a plan with time frames describing how the violations will be corrected. You may contact your local atural Resource Conservation ervice Agent, oil and Water Conservation District Agent, niversity of Arkansas Cooperative Extension office, or an Arkansas registered Professional Engineer for guidance concerning this matter. If you have any questions concerning this matter, feel free to contact me at incerely, Amy Beck District 5 Field Inspector Water Division cc: Enforcement Branch Permits Branch

3 ARKAA DEPARTMET OF EVIROMETAL QALITY Agricultural Permit Inspection Report Inspection Date AFI umber Permit umber County Compliance tatus July 29, W Conway OT Facility ame and Location ame of Responsible Official Mailing Address Tanya Kuny Wells Land, Inc. 3 miles north of Center Ridge on Hwy. 9 then 0.25 mile west on CR Phone umber 630. ( 35 25; 90, W ) (501) Ark-Tenn Rd. Clinton, AR Legal Description ame of Person Contacted Title ec. 11 Tns. 9 Rng. 15W A A Grow or Produce for: Design Animal Type and Capacity 2200 cow dairy Evaluate the Following Areas: -atisfactory M-Marginal --nsatisfactory -ot Evaluated Part 1 - Operation and Maintenance (a) o discharge of wastewater from basins, lagoons, holding pond, and/or pits. (b) o leaks or seeps in waste holding/disposal system. (c) Adequate freeboard was found at basins, lagoons, holding ponds, and/or pits. Estimate freeboard: Holding pond 9 at W corner of pond (d) Banks and levees properly maintained and in good operating condition. (e) Adequate holding capacity in waste holding system. (f) Adequate wasted disposal equipment available and operational. Type :( Honey Wagon ) (g) All waste being properly applied according to permit and waste management plan. (h) All land application sites are approved under waste management plan or site management plan. (I) Waste holding pond/pit is properly fenced, posted, and staff gauge installed if required. (j) Waste facility and confinement area constructed according to approved plans. (k) Owner and managing operators have completed adequate training and/or education. (l) All flush systems, drain chutes, and waste drag systems operational. (m) Facility operating within design type and capacity limits. Comments/Violations oted in Operation and Maintenance ection (b) A broken pipe from the disposal system was observed near the settling basin. (c) Freeboard in the holding pond was observed to be less the required minimum. (d) Vegetation on pond levies is excessive and should be controlled. (g) Flush water solids where observed piled outside the concrete settling basin. (k) Department records show training was not completed. Part 2 - ampling (a) Waste / wastewater sampled and analyzed for parameters as required by the permit and/or Reg. 5. (b) oil at the land application sites sampled and analyzed as required by the permit and/or Reg 5. (c) ampling and analytical method meet the terms and conditions of the permit and/or Reg 5. Comments/Violations noted ampling ection Operator was not on site at the time of inspection to present sample results.

4 Part 3 - Records and Reports (a) Adequate records are kept on all waste being land disposed as required by permit and/or Reg. 5. (b) Records being maintained on all sampling and analysis of soil, waste as required by permit and/or Reg. 5. (c) Annual reports and other record keeping requirements kept and/or submitted as required by permit and/or Reg. 5 Comments/Violations noted Records and Reports ection Operator was not on site at the time of inspection to present records. Part 4 - General (a) All waste streams at the facility are covered under permit. (b) o waste placed in a location where it is likely to cause pollution to the waters of the tate. (c) o visible effects on nearby waters of the tate due to permitted waste system. (d) Dead animals properly disposed. [ ] Composted [X] On-site Burial [ ] Rendered [ ] Incinerator [ ] Other (pecify ) Comments/Violations noted in General ection Part 5 - Recurring/Highlighted Violations (List all Recurring and/or Highlighted Violations of Permit Conditions) Photos Taken During Inspection: Yes amples Taken: o Inspector ame: Amy Beck Date of Report August 13, 008 ignature of Reviewer: Date of Review August 18, 2008

5 Location: Arkansas Department of Environmental Quality (ADEQ) Official Photograph heet Wells Land Inc. Dairy Photographer: Greg Kremers Witness: Amy Beck Photo # 1 Of 4 Date: 07/29/08 Time: 1053 Description: Broken pipe leading to settling basin. Photographer: Greg Kremers Witness: Amy Beck Photo # 2 Of 4 Date: 07/29/08 Time: 1104 Description: Holding pond water level observed freeboard, approximately 9 inches.

6 Location: Arkansas Department of Environmental Quality (ADEQ) Official Photograph heet Wells Land Inc. Dairy Photographer: Greg Kremers Witness: Amy Beck Photo # 3 Of 4 Date: 07/29/08 Time: 1057 Description: Excessive vegetation on pond levy. Photographer: Greg Kremers Witness: Amy Beck Photo # 4 Of 4 Date: 07/29/08 Time: 1116 Description: Flush water solids observed stored outside the concrete settling basin.

7 ovember 6, 2008 Tanya Kuny Wells Land, Inc. 36 Ark-Tenn Road Clinton, AR RE: tate Permit o.: 4980-W, AFI: o Response Received Dear Mr. Kuny: On August 13, 2008, we sent a letter (copy enclosed) with the findings from a compliance inspection of your facility. A reply was requested by eptember 3, 2008, but as of today we have not received a response. If you have already replied, please send a copy of your letter so we may update our files. If you have not answered our letter, please do so by ovember 21, A continued lack of cooperation in this matter could subject you to formal enforcement action. uch action could include but would not be limited to monetary civil penalties. ADEQ will consider the inspection and your response as required by Pollution Control and Ecology Commission Regulation o. 7, Civil Penalties. This regulation requires ADEQ to consider the past compliance history of your company and how expeditiously the violations were addressed, in determining any civil penalty that may be necessary Thank you for your attention to this matter. If you have any questions, please feel free to contact me at (501) or blaket@adeq.state.ar.us. incerely, Tracey Blake Enforcement Administrator Water Division Enclosure

8