Wet Conditions Prompt DWQ Actions Against Animal Operations And Problematic Municipal Land Application Systems

Contact: Ernie Seneca, 919/733-7015, ext 208
Date: February 8, 2000
Wet Conditions Prompt DWQ Actions Against Animal Operations And Problematic Municipal Land Application Systems

RALEIGH - Continuing wet conditions have prompted state environmental regulators to direct livestock and poultry growers with dangerously high wastewater levels in their lagoons to either correct their problems within five days or remove animals.

Also the Division of Water Quality today announced that five municipalities are to be placed under special orders for their inability to handle wastewater in their collection, treatment and land application systems. The towns are Ahoskie and Winton in Hertford County, Fountain in Pitt County, and Fremont and Pikeville in Wayne County.

Over the past 10 days, DWQ inspectors have been flying reconnaissance missions over central and eastern North Carolina to identify problem facilities and assess environmental impacts.

Tommy Stevens, director of DWQ, said a number of wastewater problems stemming from last fall's hurricanes and flooding "have continued and some have worsened from recent snowfall, rain and frozen ground. Soils are saturated, ground water tables have risen and run-off is getting into our rivers and streams."

"We have been working closely with municipalities and producers to get their operations in order," Stevens said. "A lot of progress has been made, but some facilities still have seriously high lagoon levels, waste discharges from spray fields and overwhelmed sewer collection systems. We've also found deficiencies in operation and maintenance."

According to the animal waste policy, producers found to have less than 12 inches of structural freeboard (distance between waste level and top of lagoon) are required to submit an action plan within 24 hours. Plans are to outline in five days how an operation will lower and maintain the lagoon level needed for structural stability. The plans also address how an operation, over the following 25 days, will provide lagoon coverage for a 25-year, 24-hour storm event - typically an additional seven inches of freeboard.

DWQ will not condone any waste discharges from facilities to surface waters as part of the action plans, nor will it accept land application rates above those specified in existing certified animal waste management plans. Producers will have to remove animals if they are unable to adequately demonstrate means to lower lagoon levels and consistently maintain adequate freeboard.

"They'll have to remove animals down to a level where the waste can be handled properly," Stevens said, "and we'll seek restraining orders if necessary to depopulate. Civil penalties will also be an option."

Producers found to have ample structural freeboard but inadequate 25-year, 24-hour storm levels (19 inches combined) in their lagoons will have 48 hours to submit an action plan. No waste discharges nor land application rate exceedances are allowed. The plans are to outline in 30 days how the operation can maintain proper lagoon levels and meet its certified animal waste management plan.

"We strongly encourage growers to contact us and let us know about their lagoon levels," Stevens added. "Our posture will be different when we come upon an operation that has failed to notify us of their problems, such as some we've seen lately during flyovers."

Following are the municipalities being placed under special orders, which include compliance requirements and timetables, upfront penalties and enforceable conditions:

Ahoskie - lagoon full and the town has periodically land applied chlorinated wastewater on saturated and snow-covered fields since Hurricane Floyd. The system is designed to handle 901,000 gallons per day, but recent flows have reached 87 percent capacity. Estimates are that tens of thousands of gallons of wastewater have runoff some days into Ahoskie Creek, which flows to the Wiccacon River in the Chowan River Basin. DWQ placed Ahoskie under flow moratorium in September 1998 and is currently reviewing issuance of a special order by consent.

Fountain - both lagoons full and the town has frequently land applied chlorinated wastewater on saturated fields since Hurricane Floyd. The system is designed to handle 57,000 gallons per day, but daily flows have often exceeded capacity. Estimates are that thousands of gallons of wastewater have runoff some days into Langs Mill Run, a swamp in the Neuse River basin. Under a special order by consent proposed Monday, Fountain would be placed on flow restriction and pay a $10,584 upfront penalty. The order will be public noticed Thursday.

Fremont - both lagoons full and the town has periodically land applied chlorinated wastewater on saturated fields since Hurricane Floyd. The system is designed to handle 246,000 gallons per day, but daily flows have frequently exceeded capacity. Estimates are that tens of thousands of gallons of wastewater has often runoff daily into Nahunta Swamp, which flows to Contentnea Creek in the Neuse River basin. Direct discharges have also occurred to protect the lagoons from catastrophic failure. DWQ placed Fremont under flow moratorium in 1992 and is currently reviewing issuance of a special order by consent.

Pikeville - both treatment and storage lagoons full, and the treatment lagoon has overtopped several times. The town has periodically land-applied chlorinated wastewater on saturated and snow-covered fields since Hurricane Floyd. The system is designed to handle 99,000 gallons per day, but daily flows have occasionally exceeded half a million gallons. Estimates are that hundreds of thousands of gallons of wastewater have runoff some days into The Slough, a tributary to Nahunta Swamp in the Neuse River basin. Direct discharges have also occurred to protect the lagoons from catastrophic failure. DWQ restricted Pikeville's flow last December and is currently reviewing issuance of a special order by consent.

Winton - lagoon full and overtopped during Hurricane Floyd. The system is designed to handle 235,000 gallons per day, but continued flows are expected to cause problems with potential run-off from land application. The Potecasi Creek, which is in the Chowan River Basin, flows around the spray fields. DWQ is currently reviewing issuance of a special order by consent.

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