EPA v. MAYER FARMS INC./LEE MAYER #1

Case summary

10/7/10 - ADMINISTRATIVE ORDER ISSUED. ON MARCH 10, 2010, EPA AND SCDHEC PERFORMED A COMPLIANCE EVALUATION INSPECTION (CEI) OF THE FACILITY TO EVALUATE THE TREATMENT AND DISPOSAL OF MANURE WASTEWATER IN ACCORDANCE WITH THE CWA. ON MAY 3 AND 4, 2010, EPA CONDUCTED A CSI AT THE FACILITY. AS A RESULT OF THE CEI AND CSI, AND REVIEW OF RECORDS AND INFO SUBMITTED BY MAYER FARMS, EPA INSPECTORS OBSERVED THE FOLLOWING: A. CORN AND SORGHYM SILAGE (DOUBLE CROP) HAD BEEN PLANTED FROM JULY 24, 2009 TO NOV 5, 2009 AT TRACT 601 FIELD 16 (601-E), WHICH IS NOT IN COMPLIANCE WITH SECTION 6.1 OF THE WMP. B. AT TRACT 601 FIELD 16 (601-E), SORGHUM WAS PLANTED ON JULY 24, 2009, AND HARVESTED ON NOV 5, 2009; THE FIELD DID NOT HAVE CROP COVER UNTIL CORN WAS PLANTED AGAIN IN APR 1, 2010; AND THE FIELD WAS IRRIGATED WITH LAGOON LIQUID ON AT LEAST 6 SEPARATE DAYS (NOV 10-11, 2009; DEC 20-21 2009; AND FEB 5-6, 2010) BETWEEN THE SORGHUM HARVEST AND THE FOLLOWING CORN PLANTING, TOTALING 5,184,000 GALLONS. THESE NUTRIENT APPLICATIONS WERE NOT IN COMPLIANCE WITH SECTION 5.2.2 OF THE WMP. C. MAYER FARMS APPLIED 290 POUNDS PER ACREE PER YR OF NITROGEN TO ITS CORN CROPS AT TRACT 601 FIELD 16 (601-E_ FROM MAY 2, 2009 TO MARCH 2, 2010, WHICH IS NOT IN COMPLIANCE WITH SEC 6.8 OF THE WMP. D. MAYER FARMS DID NOT CONDUCT ANNUAL SOIL TESTING AT TRACT 601 FIELD 16 (601-E) IN 2009, WHICH IS NOT IN COMPLIANCE WITH SEC 7.4 OF THE WMP. E. THE WATER LEVEL GAUGE IN THE FACILITY'S LAGOON 1 INDICATED THE LIQUID LEVEL WAS APPROX 8 INCHES BELOW THE TOP OF THE DIKE, WHICH IS NOT IN COMPLIANCE WITH SCDHEC R. 61-43, PART 200.90(B). THERE WAS EVIDENCE OF OVERFLOW FROM 3 ACRES ON THE BANK OF LAGOON 1. F. STORMWATER FROM THE LAND APPLICATION FIELD TRACT 601 FIELD 16 (601-E), WAS OBSERVED BEING DISCHARGED INTO AN UNNAMED TRIBUTARY, A WATER OF THE U.S., AND THEN INTO THE BUSH RIVER, A TRADITIONALLY NAVIGABLE WATER. ORDER REQUIRES: A. IMMEDIATELY CEASE THE DISCHARGE OF POLLUTANTS FROM THE FACILITY BY COMPLYING WITH LAND APPLICATION PRACTICES IN ACCORDANCE WITH ITS WMP. NOTIFY EPA WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THE ORDER THAT SUCH DISCHARGE HAS CEASED. B. SUBMIT QTRLY REPORTS TO EPA, BEGINNING JAN 1, 2011, FOR THE PREVIOUS 3-MONTH PERIOD, UNTIL JAN 1, 2012, FOR TRACT 601 FIELD 16 (601-E) INDICATING DATES AND TYPES OF CROPS PLANTED AND HARVESTED; DATES AND AMOUNTS OF NUTRIENTS APPLIED; AND ANY SOIL TESTING.

Defendants (2)

• LEE MAYER #1Named in settlement
• MAYER FARMS INC.Named in settlement

Facilities (1)

• MAYER FARMS DAIRY / LEE MAYER #1

  968 SPEARMAN ROAD, NEWBERRY, SC, 29108

  Registry ID: 110017020908

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MAYER FARMS INC./LEE MAYER #1entered 2010-10-07

  Primary law: CWA

Timeline (3 milestones)

• 2010-10-07Final Order Issued
• 2010-11-10Enforcement Action Data Entered
• 2011-01-01Enforcement Action Closed