1. Excessively tall vegetation was found on the banks of the settling basin and lagoon levees.

Transcription

1 eptember 4, 2013 Graig Cowart, Owner Graig Cowart Farm 409 Lodi Loop Glenwood, AR Re: Compliance Inspection (Pike Co.) AFIN: Permit No.: 3610-WG-AW-3 Dear Mr. Cowart: On August 20, 2013 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. Excessively tall vegetation was found on the banks of the settling basin and lagoon levees. 2. The farm sampling and record keeping program is unsatisfactory. Only the sampling information for 2012 was available. All other previous sampling events prior to 2012 were not onsite and presumed to not be collected. There was no sampling information available for The Waste Management Plan (WMP) recommends that sampling take place annually in the spring prior to any land applications. 3. No records of land applications are being kept. 4. No annual reports onsite and none have been submitted for several years. Additionally, the department has notified you of the need to convert this general permit to an individual permit. This application was due May 25, At the time of the inspection, this has not been done. The above items require your immediate attention. Please submit a written response to these findings to the Water Division Inspection Branch, of this Department. This response should be mailed to the address below, or ed to Water-Inspection-report@adeq.state.ar.us. This response should contain documentation describing the course of action taken to correct each item noted. This corrective action should be completed as soon as possible, and the written response with all necessary documentations (i.e. photos) is due by eptember 18, If I can be of any assistance, please feel free to contact me at

2 incerely, han Lynch District 7 Field Inspector Water Division

3 ARKANA DEPARTMENT OF ENVIRONMENTAL QUALITY Agricultural Permit Inspection Report Inspection Date AFIN Number Permit Number County Compliance tatus WG-AW-3 Pike OUT Facility Name and Location Name of Responsible Official Mailing Address Graig Cowart Farm Graig Cowart 409 Lodi Loop 3/4 mile northeast of Lodi off Hwy Phone Number Glenwood, AR on Lodi Loop Rd / Legal Description Name of Person Contacted Title ec. 8 Tns. 5 Rng. 25W Graig Cowart Owner Grow or Produce for: Cargill Design Animal Type and Capacity 540 sow / 675 weaner pig facility Evaluate the Following Areas: -atisfactory M-Marginal U--Unsatisfactory N/A-Not Evaluated Part 1 - Operation and Maintenance (a) No discharge of wastewater from basins, lagoons, holding pond, and/or pits. (b) No leaks or seeps in waste holding/disposal system. (c) Adequate freeboard was found at basins, lagoons, holding ponds, and/or pits. Estimate freeboard: 24 (d) Banks and levees properly maintained and in good operating condition. (e) Adequate holding capacity in waste holding system. (f) Adequate waste 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 Noted in Operation and Maintenance ection M N N 1, d Excessively tall vegetation was found on the banks of the settling basin and lagoon levees. * Permit needs to be converted to an individual permit. Part 2 - ampling (a) Waste/wastewater sampled and analyzed for parameters as required by the permit and/or Reg. 5. U (b) oil at the land application sites sampled and analyzed as required by the permit and/or Reg 5. U (c) ampling and analytical methods meet the terms and conditions of the permit and/or Reg 5. M * Only the 2012 sampling information was available. All other previous sampling events prior to 2012 were not onsite and presumed to not be collected. No 2013 sampling information available. The WMP recommends that sampling take place annually in the spring prior to land applications.

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 and 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 3, a No land application records are being kept. 3, b Only the 2012 records of sampling of soil and liquid manure are onsite. 3, c No annual reports onsite and none have been submitted for several years. U M U (a) All waste streams at the facility are covered under permit. Part 4 - General (b) No waste placed in a location where it is likely to cause pollution to the waters of the tate. (c) No visible effects on nearby waters of the tate due to permitted waste system. (d) Dead animals properly disposed. [ ] Composter [ ] On-site Burial [ ] Renderer [X ] Incinerator [ ] Other (pecify ) Comments/Violations noted in General ection 4,d One dead sow observed on the ground near the hog barn. he appeared to have been there for quite some time. M Part 5 - Recurring/Highlighted Violations (List all Recurring and/or Highlighted Violations of Permit Conditions) PD# Photos Take During Inspection: no amples Taken: no Inspector Name: ignature of Reviewer: han Lynch Kerri McCabe Date of Report August 23, 2013 Date of Review ept 4, 2013

5 CERTIFIED MAIL: October 17, 2013 Graig Cowart, Owner Graig Cowart Farm 409 Lodi Loop Glenwood, AR Re: Failure to Respond to Inspection (Pike Co) AFIN: Permit No.: 3610-WG-AW-3 Dear Mr. Cowart: A letter dated eptember 4, 2013 was sent by the ADEQ to Graig Cowart. The letter outlined the findings of my August 20, 2013 inspection of the above referenced facility. The letter requested that a written response be submitted to the Water Division Inspection Branch of this Department by eptember 18, To date, no response has been received. Please submit a written response by October 31, A copy of the inspection report has been included for your convenience. Thank you for your attention to this matter. hould you have any questions, feel free to contact me at or you may me at lynch@adeq.state.ar.us. incerely, han Lynch District 7 Field Inspector Water Division

6

7 McCabe, Kerri From: ent: To: Cc: ubject: McCabe, Kerri Wednesday, November 13, :17 AM Jason Bolenbaugh Lynch, han FW: Cowart Farm Jason, I am recommending this case go to Enforcement. We sent the letter to the right address, and he is not responding. Kerri McCabe ADEQ North Little Rock Office Water Division Field ervices Branch Inspector upervisor mccabe@adeq.state.ar.us Office Location: 5 th Floor (5W37) Office: Cell: Fax: (address to Kerri McCabe) From: Lynch, han ent: Wednesday, November 13, :59 AM To: McCabe, Kerri ubject: FW: Cowart Farm Enforcement? This guy regularly disregards the record keeping / reporting requirements of his permit. Now he s not responding to certified letters. From: Richard Gray [mailto:richard_gray@cargill.com] ent: Wednesday, November 13, :56 AM To: Lynch, han ubject: RE: Cowart Farm 1

8 Checked with the office and this is where we send correspondence as well. We did follow up with him after our last conversation, and he talked to his field manager like he did already know about the report and would get right on a reply. Thanks, RG From: Lynch, han [mailto:lynch@adeq.state.ar.us] ent: Wednesday, November 13, :29 AM To: Richard Gray ubject: Cowart Farm Richard, I ve received an from one of the ladies in the office that stated the certified letter that I had sent to Graig Cowart was returned unclaimed. Can you verify the following address as the correct address for Graig Cowart? This is where the inspection / letter was sent to and then the certified failure to respond letter. Graig Cowart, Owner Graig Cowart Farm 409 Lodi Loop Glenwood, AR Thanks, han 2

9 UP.com - UP Tracking Page 1 of 2 11/18/2013 English Customer ervice UP Mobile Register / ign In Quick Tools Track Enter up to 10 Tracking # Find Find UP Locations Buy tamps chedule a Pickup Calculate a Price Find a ZIP Code Hold Mail Change of Address UP Tracking Username Create a UP.com account to... print shipping labels. earch UP.com or Track Packages request a Package Pickup. buy stamps and shop. Password manage PO Boxes. hip a Package end Mail Manage Your Mail hop Business olutions print customs forms online. file domestic insurance claims. ign Up Now Hint: It's at least 7 characters long, including Customer ervice a letter and number. Have questions? We're here to help. ign In Forgot your password? Tracking Number: cheduled Delivery Day: October 18, 2013 Product & Tracking Information Postal Product: Features: First-Class Mail Certified Mail Available Options Return Receipt Electronic DATE & TIME TATU OF ITEM LOCATION November 12, 2013, 9:47 am November 9, 2013, 3:22 am November 8, 2013, 11:58 am November 6, 2013, 7:51 pm Delivered Processed through UP ort Facility Processed through UP ort Facility Processed through UP ort Facility NORTH LITTLE ROCK, AR November 4, 2013, 8:55 am Unclaimed GLENWOOD, AR October 23, 2013, 8:29 am Available for Pickup GLENWOOD, AR October 18, 2013, 11:53 am Notice Left GLENWOOD, AR October 18, 2013, 12:55 am October 17, 2013 October 17, 2013, 7:44 pm October 17, 2013 October 17, 2013, 6:29 pm Processed at UP Origin ort Facility Depart UP ort Facility Processed at UP Origin ort Facility Electronic hipping Info Received Accepted at UP Origin ort Facility NORTH LITTLE ROCK, AR Track Another Package What's your tracking (or receipt) number? Track It

10 UP.com - UP Tracking Page 2 of 2 11/18/2013 LEGAL ON UP.COM ON ABOUT.UP.COM OTHER UP ITE Privacy Policy Terms of Use FOIA No FEAR Act EEO Data Government ervices Buy tamps & hop Print a Label with Postage Customer ervice Delivering olutions to the Last Mile ite Index About UP Home Newsroom UP ervice Alerts Forms & Publications Careers Business Customer Gateway Postal Inspectors Inspector General Postal Explorer Copyright 2013 UP. All Rights Reserved.

11 McCabe, Kerri From: ent: To: Cc: ubject: Bolenbaugh, Jason Thursday, December 05, :31 PM Uyeda, Craig Healey, Richard; McCabe, Kerri; Lynch, han Cowart Farm Craig, The Cowart Farm inspection conducted by han Lynch has been referred to Enforcement. Mr. Cowart has failed to respond or claim the certified letter. We even confirmed the address with Cargill representatives. Thanks, Jason Bolenbaugh Inspection Branch Manager ADEQ Water Division Phone: