Document kDMm0D8RkEwedQmO3d8q63r20

ft E P AVnltodSt.lltO 0 =mt<~tall'!o- Region 6 Complian1ce Assurance and Enforcement Division INSPECTION REPORT Inspection Date(s): Media: Regulatory Program(s) 06/27/2019 Water NPDES Company Name: Facility Name: Facility Physical Location: (city, state, zip code) Mailing address: (city, state, zip code) County/Parish: Facility Contact: MX-7 Daily MX-7 Dait'V 250 Country Road 105 (31.9285, -98.66176) Comanche, TX 76442 250 Country Road 105 Comanche, Texas 76442 Comanche County Wayne Mtoerman I Owner- Not Present manureisgood@yahoo .com FRS Number: Identification/Permit Number: Media Number: NAJCS: SIC: f\1/ll. t '9Jf' TXG92062.5 N/A 112120 0241 Personnel participating in inspection: Juan Ibarra EPA Region-6 ECD-WA Noel Courts MX-7 Dairy Consultant Inspector Lowther Consulting 214-665-8493 325-829-5264 EPA Lead Inspector Signature/Date Supervisor Signature/Date . 2~A~-/L~ / ' {lnspes;for~namef "-:::.:" r ' , ~~~()LA {Supervisor name} y ,, l~ f//:zL?//9' Date 'l/u:>J,r Date 6ENFORM-019-R7 (2/15/2017) 1 1 Section I-INTRODUCTION MX-7 Dairy Inspection Date 06/27/2.019 PURPOSE OF THE INSPECTION EPA Region 6 inspector, Juan Ibarra, arrived at the MX-7 Dairy at 0921 on 05/30/2019 for an unannounced inspection. I contacted the owner's office to request that the owner, Wayne Moerman, or his representative meet me at the dairy site to conduct a site inspection and records review. Neither the owner or his consultant, Noel Courts, were available to meet me at the site. Instead, Noel Courts gave me permission to conduct the site inspection and arranged to complete the records review portion of the inspection at a later date. The records review was conducted with Noel Courts on 6/27/2019 at 0800 at the EPA Region 6 office located at 1201 Elm Street in Dallas, Texas. I presented my credentials to Mr. Courts as I informed him that this was an EPA inspection to deterrnine the fatiiity's compiiance with the Ciean Water Act (CWA) and the National Pollutant Discharge Elinnination System (NPDES) Concentrated Animal Feeding Operation (CAFO) regulations stipulated in the facility's Texas Commission on Environmental Quality (TCEQ) CAFO General Permit. The scope of the inspection was a Compliance Evaluation Inspection. Following the opening conference, Mr. Courts provided the facility Nutrient Management Plan records which included documentation on rainfall, lagoon levels, lagoon certifications, soil and wastewater nutrient analyses, land application nutrie~nt calculations, crop nutrient requirements, and manure solids information. Additionally, I reviewed the supporting information for the recent chronic rainfall events that caused the permitted discharges that were seen dunng the site inspection. A Closing Conference was held with Mr. Courts where I informed him of the facility' s Areas of Concern. FACILITY DESCRIPTION MX-7 Dairy is a large CAFO that was permitted for 5600 cows of which 3800 could be milking cows. At the time of the inspection the facility was milking 3700 cows twice per day. The cows, which were kept in freestalls and open pens, were able to move freely between the pens and freestalls. The freestalls were flushed daily and the cattle pens were dry scraped on a weekly schedule. The facility had been permitted under the TCEQ CAFO General Permit which expired 7/20/2019. The dairy had five retention control structures (RCSs) with a total certified capacity of 281.264 acre feet. The milking parlor and flushed freestalls discharged into a manure screen, followed by the four concrete settling basins and the earthen-lined settling pond, and thence into RCS 1. RCS 1 thence flowed into RCS 2, and thence into RCS 4 (in series) . Cattle surface lots would runoff directly into RCS 1, 2 and 5, while the compost area was graded in such a way that it drained into RCS 5. Most irrigation occurred out of RCS 4, however, RCS 3 and 5 also had irriigation capability and could also send flow into RCS 4. All five of the RCSs had been certified for no hydrologic connection by a Texas Professional Engineer in the previous five years (performed in 2016) ~~nd had documentation of a liner test great er than 1 X 107 when constructed . 2 2 MX-7 Dairy Inspection Date 06/27/2019 The dairy had three land management units (LMUs) totaling 158 acres in size and each was equipped with a center pivot. LMU A (62 acres), LMU B (33 acres), and LMU C (63 acres) . While some of the facility's wastewater is given to a neighboring land owner, no manure solids are given away except for an occasional small quantity. Manure was being composted and stored on-site, and acco rding to the consultant, is not land applied . Section II- OBSERVATIONS Wastewater Management and Retention Control Structures During the inspection, I noted that there had been recent discharges out of RCSs 3, 4 and S as evtdenced by manure wastewater found in the vicinity of these RCSs. As of the 4/20/2019 RCS weekly level readings, all of the lagoons had capacity to contain the 25-yr/24-hr rain event. However, the dairy received 8.2'' of rain during the time period of 4/22-23/2019 causing the RCSs to begin discharging under the chronic rainfaii provision of th1= TctQ CAFO General Permit. The dairy had severai permitted discharges of wastewater in April and May in addition to reported discharge to the TCEQ on the day of the inspection . The facility had irrigated wastewater from the RCSs to the LMUs in an attempt to stop the discharges. This discharge, however, was permitted since the dairy had experienced chronic rainfall during the months of April and May. I called the TCEQ to verify that the facility had made the required notifications and to ensure that the TCEQ verified whether or not the dairy had properly operated and maintained the RCSs prior to the permitted discharges. Discharges occurred from RCSs 3, 4 and 5. The discharges from RCS 3 and RCS 5 are documented within Appendix 1 Photolog, photos 1, 5 and 11. Lagoon Embankment and Berm Maintenance The berm on the northeast end of RCS 5 needed to be rebuilt to ensure that the cattle lot runoff going into RCS3 was contained within a berm t lhat was designed, constructed and maintained to channel flows from the 25-yr/24-hr rain event. Photos :1 and 5 showed that the berm designed to channel storm water runoff flows from the cattle pens above IKS 3 was overtopped and discharged to the bar ditch located along County Road 105. This issue was noted during a previous EPA Inspection at this dairy conducted on 6/20/2013 Additionally, the berm leading to RCS 1 and the berm around the compost area leading to RCS 5 needed to be evaluated and maintained to ensure capacity for the 25-yr/24-hr rainfall event. See the attached Photo log and Location of Significant Photos map. The east side of the lagoon embankment at RCS 5 had numerous trees growing along the embankment. Mowing of Lagoon Embankments, Berms and Manure Screening Areas Mowing was needed around all of the lagoon embankments, along the berm channeling runoff from the pens toward RCS 1, along the berm channeling runoff from the compost area toward RCS 5, around the manure screen, settling basins and settling pond. Evidence of the tall grass and vegetation can be found throughout the photolog. 3 3 MX-7 Dairy Inspection Date 06/ 27/2019 Accumulated Manure Around the Manure Screen and Settling Basins A large amount of manure spilled out onto the ground surrounding the solids screening and settling units. The area had poor housekeeping and needed to be cleaned up of manure and lot scrapings. This manure must be properly managed at th1e manure compost area. Records Review The Nutrient Management Plan records, including those records documenting rainfall and lagoon level readings prior to the recently experienced chronic rainfall and permitted lagoon discharges described above, were reviewed during a separate part of the inspection conducted on 6/27/2019. During the records review, I verified that the lagoons were properly designed and constructed, that they were recently certified, that the lagoon level records were maintained, and that the land application records were accurate. There was a discrepancy i1n the 2018 and 2019 nutrient calculations for the wastewater application. The consultant used the 2017 wastewater analysis value instead of the one for 2018. This did not create a vioiation, as the 2017 anaiysis vaiue was greater than that for 2018 . i did, however, inform Mr. Courts that a correction needed to be made to the land application records, and on the next annual report. Additionally, the previous two years of Ll'vlU records showed that all the LMU soils had a P205 concentration below 200 ppm for 2017, and below 20 ppm for 2018. The consultant believed that the reduction in P205 was attributable to th1e dairy ceasing the practice of grazing cattle in these fields. Additionally, the land application records showed the amount of applied wastewater on a per-field and per-application basis. These records documented that the applications were being done at the crop's agronomic rate. Other records on wastewater transferred off-site, crop harvest, rainfall, site maps and maintenance were also being appropriately managed and recorded. Section Ill- AREAS OF CONCERN The following Areas of Concern were dis,cussed with Mr. Courts during the closing conference 1. The berm on the northeast end of RCS 5, at the far east end of the cattle pens, was not constructed or maintained to contain the 25-yr/ 24-hr rain event. This is a repeat concern addressed in the EPA inspection from 6/20/2013. This concern is addressed per the TCEQ General Permit No. TXG920000, Part Ill. A. 6.(c)(3) and Part V. D. 2. Although impacted by recent ch1r0nic rainfall, RCS 3, 4, and 5 had less than six inches of freeboard. Capacity for the 25-ylr/24-hr rain event needed to be re-established as soon as possible per the TCEQ General Permit No. TXG920000, Part Ill. A. 10.{a)(1) 3. Mowing of tall grass and vegetation needed to be done around the RCSs, manure screen, settling basins and settling pond. Additionally, the berm leading to RCS 1 and the berm around the compost area leading to RCS. 5 needed to be mowed and maintained to enable visual inspections of the RCS for unit conditions and capacity for the 25-yr/24-hr ra infall event per TCEQ General Permit No. TXG920000, Part III.A. 15.(a)(l) and Part V. D. 4. Trees must not be allowed to grow on the embankment of RCS 5 such that the roots woiuld compromise the liner or embanl<ment per the TCEQ General Permit No . TXG920000, Part Ill. A. 10.{f){3). 4 4 MX-7 Dairy Inspection Date 06/27/2019 5. Large amounts of manure spilled out from the solids screening and settling units. The area needed to be cleaned up of manure and accumulated lot scrapings and have it properly managed at the manure compost area. 6. Application of wastewater at agronomic rates must utilize the correct 2018 wastewater nutrient value, rather than the value frorn 2017. Section IV- LIST OF APPENDICES Appendix 1- Photo Log - 12 photos taken 05/30/2019 and 1 aerial image of significant photo locations 5 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19