03/17/16 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT. RESPONDENTS ALLEGE THAT, IN OR AROUND DEC 2014, ALL SWINE WERE REMOVED FROM THE FACILITY AND THE FACILITY HAS CEASED OPERATION AS A CONCENTRATED ANIMAL FEEDING OPERATION (CAFO). EPA FILED A CLASS II ADMINISTRATIVE COMPLAINT AGAINST RESPONDENTS WITH THE EPC OFFICE OF THE ADMINISTRATIVE LAW JUDGES ON AUG 13, 2015 SEEKING CIVIL PENALTIES FOR THE VIOLATIONS CITED IN THIS ORDER. ON AUG 13, 2015, TDEC INSPECTED THE FACILITY AND NOTED THAT LAGOON NO. 1 CONTAINED A SIGNIFICANT AMOUNT OF LIQUID, AND THAT LAGOON NO. 2 HAD LESS THAN 2 FEET OF AVAILABLE FREEBOARD. TDEC SUBSEQUENTLY PROVIDED RESPONDENTS WIHT PERTINENT INFO REGARDING PROPER CLOSURE OF THE WASTE STORAGE LAGOONS VIA EMAILS DATED AUG 27, 2015 AND FEB 11, 2016. EPA ALLEGES THAT RESPONDENTS HAVE NEITHER PROPERLY NOR TIMELY CLOSED THE WASTE STORAGE LAGOONS AT THE FACILITY, AND HAVE FAILED TO PROPERLY MAINTAIN THE WASTE STORAGE LAGOONS, INCLUDING MAINTAINING ADEQUATE FREEBOARD TO PROTECT AGAINST FUTURE DISCHARGES TO WATERS OF THE U.S. EPA FURTHER ALLEGES THAT RESPONDENTS' FAILURE TO TIMELY AND PROPERLY CLOSE AND/OR PROPERLY MAINTAIN THE LAGOONS CONSTITUTES A CONTINUOUS VIOLATION IN THAT THERE IS A REASONABLE LIKELIHOOD OF FUTURE UNAUTHORIZED DISCHARGE.
AGREEMENT:
A. RESPONDENTS SHALL MAINTAIN WEEKLY RECORDS OF THE DEPTH OF THE MANURE AND WASTEWATER IN EACH LAGOON.
B. IF RESPONDENTS ANTICIPATE A DISCHARGE OR OVERFLOW FROM THE LAGOONS, RESPONDENTS SHALL IMMEDIATELY