10/16/09 - ADMINISTRATIVE ORDER ISSUED. ON MARCH 23, 2009, EPA REGION 4 AND FDEP PERFORMED A COMPLIANCE EVALUATION INSPECTION (CEI) AT THE FACILITY. DURING THE CEI, EPA REQUESTED COPIES OF ALL RECORDS REQUIRED AS PART OF THE FACILITY'S PERMIT, INCLUDING RECORDS OF THE SAMPLING RESULTS FOR IMP-2. PART IV.(2) OF THE PERMIT REQUIRES THAT SAMPLE POINT IMP-2 WASTE STORAGE POND NO. 2 BE SAMPLED AT LEAST QUARTERLY TO DETERMINE THE NUTRIENT CONTENT. EPA ALSO REQUESTED THE ABOVE INFO IN A 308 LETTER DATED MAY 6, 2009. THE SAMPLING RECORDS WERE NOT PROVIDED FOR WASTE STORAGE POND IMP-2.
DURING THE MARCH 23, 2009 CEI, EPA OVSERVED THAT THE FACILITY'S MOTRALITIES (I.E., DEAD ANIMALS) HAD BEEN DISPOSED OF ABOVE-GROUND WITH NO SUITABLE SOIL COVER. PART V.C.(1) OF THE PERMIT REQUIRES PROPER MANAGEMENT OF MORTALITIES IN ACCORDANCE WITH SECTION 823.041, OF THE FS. SECTION 823.041(1) OF THE FS REQUIRES THAT DEAD ANIMALS BE BURIED AT LEAST 2 FEET BELOW THE SURFACE OF THE GROUND. THEREFORE, PEACHY DAIRY VIOLATED THE CWA SEC 402 BY FAILING TO COMPLY WITH APPROVED PERMIT CONDITIONS; AND BY FAILING TO OPERATE AND MAINTAIN THE FACILITY IN ACCORDANCE WITH THE APPROVED OPERATION AND MAINTENANCE PLAN OR NMP WHICH IS PART OF THE PERMIT.
ORDER REQUIRES:
A. IMMEDIATELY CEASE THE IMPROPER DISPOSAL OF MORTALITIES;
B. IMMEDIATELY COME INTO COMPLIANCE BY DISPOSING OF MORTALITIES ACCORDING TO THE PERMIT, THE FACILITY'S APPROVED NMP, AND FLORIDA STATUTE, CHAPTER 823.041.
C. IMMEDIATELY PROVIDE DOCUMENT