Document pwv9E46J96MgbRYooNbELZMD

EPA Inspection Report - Page 1 of 18 Region 6 - Enforcement & Compliance Assurance Division INSPECTION REPORT Inspection Date(s): Media Program: Regulatory Program(s) 03/28/2022 Water CAFO Company Name: Facility Name: Facility Physical Location: (city, state, zip code) Mailing address: (city, state, zip code) County/Parish: Facility Phone Number Facility Contact: Amelia Dairy Amelia Dairy 248 County Road 4310 (33.957833, -95.263166) Winnsboro, Texas 75494 same same Wood Olke Jongsma Owner ameliadairy@hotmail.com, wyrick@suddenlink.net FRS Number: Identification/Permit Number: Media Identifier Number: NAICS: SIC: 110020147438 TXG920068 N/A 112120 0241 Personnel participating in inspection: Olke Jongsma Amelia Dairy Jim Wyrick Amelia Dairy Consultant Lucas Bomar EPA R6/6ECAD-WA Juan Ibarra EPA R6/6ECAD-WA Owner Consultant Inspector Inspector EPA Lead Inspector Signature/Date Supervisor Signature/Date JUAN IBARRA Digitally signed by JUAN IBARRA DN: c=US, o=U.S. Government, ou=Environmental Protection Agency, cn=JUAN IBARRA, 0.9.2342.19200300.100.1.1=68001003637961 Date: 2022.05.11 15:47:45 -05'00' {Inspector name} Date Herrera, Esteban {Supervisor name} Digitally signed by Herrera, Esteban DN: cn=Herrera, Esteban, email=Herrera.Esteban@epa.gov Date: 2022.05.12 07:43:32 -05'00' Date 6ENFORM-019-R8.2 (02/12/2020) 1 EPA Inspection Report - Page 2 of 18 Section I - INTRODUCTION PURPOSE OF THE INSPECTION EPA Region 6 inspectors Juan Ibarra and Lucas Bomar arrived at Amelia Dairy at 1020 on March 28, 2022, for an announced inspection (due to Covid precautions). We met with Mr. Olke Jongsma/owner of Amelia Dairy, and Mr. Jim Wyrick/consultant at the Opening Conference. I presented my credentials to Mr. Jongsma and Mr. Wyrick and informed them that this was an EPA inspection to determine their compliance status with the requirements of the Clean Water Act (CWA) and the National Pollutant Discharge Elimination System (NPDES) Concentrated Animal Feeding Operation (CAFO) regulations stipulated within the facility's Texas Commission on Environmental Quality (TCEQ) Concentrated Animal Feeding Operation (CAFO) general permit. The scope of the inspection included a compliance evaluation of the facility's site operations, lagoon maintenance, nutrient management plan, and record keeping requirements of their permit. For biosecurity purposes, the inspectors toured the site in Mr. Jongsma's vehicle and wore over-boots. FACILITY DESCRIPTION Amelia Dairy has a current permit for 1475 total cattle, of which 1475 can be milking head. The dairy reported that they had 1450 total milking and dry combined. The dairy is served by five retention control structures (RCS) which are part of the Nutrient Management Plan (NMP) and three concrete catch basins. The newest RCS 5, which was constructed and certified on approximately 6/3/2016, was constructed in response to an EPA inspection from 3/20/2013 and a prior TCEQ Agreed Order mentioned within the 3/202013 EPA inspection report. RCS 5 was constructed to address the issue of a very large stomped-out feeding area which now serves pastured pregnant heifers. The dairy also has approximately 500 head of calves and heifers (under 23 months old) which are either kept in pasture or in a feedlane. The pastured pregnant heifers are served by the new RCS 5, while the older calves are kept in a feedlane which has a dedicated concrete catch basin that is vacuumed out by a honey wagon and land applied onto one the land application fields. Young calves are kept in penned calf hutches on an open field, and very little manure was seen around the hutches themselves. The 1450 mature cows are kept within four freestalls and are milked twice daily. The freestalls are flushed with either recycled water from RCS 3 or fresh ground water. Wastewater from the flushed freestalls is collected in a centralized concrete pit and then pumped thru an elevated manure screen before entering RCS 1, followed by RCS 2 and RCS 3 in series. Wastewater from RCS 3 is either land applied or used as recycled flush water for the freestalls. Additionally, wastewater from RCS 4 and 5 are also land applied. Wastewater is land applied to 10 land management units (LMUs) under center pivot totaling 487 acres, and two additional LMUs add another 167 acres for a total of 554 available acres for land application. The LMUs are double cropped with rye grass and either corn or sorghum silage. Other forms of land application include the use of the manure spreader or honey wagon. Section II - OBSERVATIONS The five RCSs (from RCS 1 to RCS 5, respectively) total 11.65 ac-ft, 9.53 ac-ft, 6.0 ac-ft, 1.43 ac-ft, and 0.60 ac-ft. All five were last certified for no hydrologic connection on 7/12/2021 by Jim Wyrick. All the EPA Inspection Report - Page 3 of 18 lagoons had sufficient freeboard at the time of the inspection. RCS 3, 4 and 5 had pole markers with adequate capacity for the 25-yr/24-hr rain event. The commodities were either stored under a commodities barn, or as in the case of the silage was stored under plastic covers within concrete bunkers. There were two composting areas that were placed out in the open, with one very large composting area placed on the side of a hill immediately upslope of a tributary of Brushy Creek (see photos 10 and 11), and outside of the drainage area of an RCS. This very large composting area had approximately 10-12 long windrows as shown in the March 23, 2021, DigitalGlobe aerial. Runoff from this composting area would discharge into the pasture and creek below. (AOC 1) The second composting area was a formerly used composting location placed on the north embankment of RCS 3. This old compost pile, which has not been used in the past six months, had a significant number of exposed dried cow bones emerging from the long pile (see photo 6). However, any runoff from this composting area would likely enter the RCS. The north side of this composting area was bermed with soil, and a large pasture was located below this area (see photo 8). (AOC 2) Mortality management is now being done by burial and are no longer being composted. However, as shown in Photo 9, there was one cow that may have been buried at one time (as evidenced by the small amount of soil that was on the carcass) that was floating on the surface of the burial pit. Numerous vultures were noted flying away as I approached the mortality pit. (AOC 3) Manure and sand mix from the clean-out of the centralized collection pit has been emptied onto the ground to dry before being land applied with a manure spreader (see Photo 7). This area is located outside of the RCS drainage area and would discharge storm water runoff into a pasture area located above a tributary of Brushy Creek. All spilled or placed manure must be stored in the watershed of an RCS. (AOC 4) A portion of the open cattle pen area, located northeast of RCS 4, does not drain storm water runoff into an RCS (see Photo 12). Only one portion of this pen area, located at the shade pole area and westward, would channel runoff into RCS 4. The eastern portion of this pen area is not directed to an RCS. The area that cannot be sloped or bermed to direct storm water runoff to RCS 4 must be fenced-off to cattle confinement. (AOC 5) The dewatering pump located on the southwest side of RCS 3 has a significant leak that spilled liquid wastewater onto the ground below the RCS. This area was bermed using a long pile of compost. (AOC 6) All facility site records appeared to be properly managed and maintained. The nutrient land application records were also reviewed and I found the nutrients to be properly utilized at the agronomic rate. Section III - AREAS OF CONCERN The following Areas of Concern were noted during the inspection: AOC 1: A very large composting area was not constructed within the watershed of an RCS. The composting area has approximately 10-12 long windrows, as shown in the attached photolog (Photos 10 and 11), and as seen on the March 23, 2021, DigitalGlobe aerial. Runoff from this composting area would discharge into the pasture and then into a tributary of Brushy Creek located immediately below the composting area. Composting requirements for CAFOs are found in the General Permit Part III.B.4. EPA Inspection Report - Page 4 of 18 AOC 2: The old composting area located on the north embankment of RCS 3, which has not been used in the past six months, has a significant number of exposed dried cow bones emerging from the long pile. This material appeared ready for final disposition via screening and land application at an agronomic rate, however, the requirements of 30 TAC Chapter 332.(4) were not met due to the apparent scavenging that occurred. AOC 3: The mortality management area must be properly managed as required by the TCEQ General CAFO Permit Part III.A.11.(c). This includes (per this facility's mortality disposal practice) burial within 3 days of death using three feet of earthen material as referenced by 4 TAC Sections 31.3, and 58.31(b) which further references RG-419. AOC 4: Manure and sand mix from the clean-out of the centralized collection pit has been emptied onto the ground to dry before being land applied with a manure spreader. This area is located outside of the RCS drainage area and would discharge storm water runoff into a pasture area located above a tributary of Brushy Creek. The area of spilled manure is located just before the wastewater enters RCS 1. All spilled or placed manure must be stored within the watershed of an RCS as required by the CAFO General Permit Part III.A.9.(b). and (c). AOC 5: The open cattle pen area located northeast of RCS 4 does not drain storm water runoff into an RCS. Only one portion of this pen area, located near the shade pole area and westward, would channel run off into RCS 4. The eastern portion of this confinement area that cannot be sloped or bermed to direct storm water runoff to RCS 4 must be fenced-off to cattle confinement as required by the CAFO General Permit Part III.A.6.(c)(2). AOC 6: The dewatering pump located on the southwest side of RCS 3 has a significant leak that spilled liquid wastewater onto the ground below the RCS. This area was bermed using a long pile of compost. The CAFO General Permit requirements for Preventative Maintenance require the correction of this issue per Part III.A.15(a)(1)(i), (ii), and (iii). EPA Region 6 inspectors Juan Ibarra and Lucas Bomar conducted a closing conference at the Amelia Dairy inspection at approximately 1330 on 3/28/2022. During the closing conference, the inspectors reviewed the first five Areas of Concern noted during the inspection. The sixth area of concern was discussed with Mr. Wyrick by phone following the inspection. Only Mr. Jim Wyrick attended the records review and closing conference. Section IV - FOLLOW UP None Section V - LIST OF APPENDICES Appendix 1 - Photo Log - 12 photos taken 3/28/2022 and DigitalGlobe aerial EPA Inspection Report - Page 5 of 18 Appendix 1 Photograph Log and Site Aerial With Locations of Significant Photographs EPA Inspection Report - Page 6 of 18 Photo File Name: P3280001.JPG Date of Photo: 03/28/2022 Time of Photo: 1054 Photographer: Juan Ibarra Description: One of four photographs taken to show a panoramic view of three of the four freestall barns and the old former milking parlor. This is a view of one of the freestall barns. The freestalls discharges flush water into the common concrete basin (located downslope at the far east side of the photograph), thence into the elevated manure screen, followed by RCS 1. The view is toward the east. EPA Inspection Report - Page 7 of 18 Photo File Name: P3280002.JPG Date of Photo: 03/28/2022 Time of Photo: 1054 Photographer: Juan Ibarra Description: Continuing with a panoramic view of the freestall area. A water trough was deliberately left leaking so as to provide make-up water to the RCS system for land application due to an ongoing drought in north Texas. The view is toward the southeast. EPA Inspection Report - Page 8 of 18 Photo File Name: P3280003.JPG Date of Photo: 03/28/2022 Time of Photo: 1054 Photographer: Juan Ibarra Description: Continuing with a panoramic view of the freestall area. A view of two additional freestalls in the background and an old former milking parlor (on the right) which is now used for sick cows. The view is toward the south. EPA Inspection Report - Page 9 of 18 Photo File Name: P3280004.JPG Date of Photo: 03/28/2022 Time of Photo: 1054 Photographer: Juan Ibarra Description: Continuing with a panoramic view of the freestall and old milking parlor area. The view is of the old former milking parlor which is now used for sick cows. The view is toward the westsouthwest. EPA Inspection Report - Page 10 of 18 Photo File Name: P3280005.JPG Date of Photo: 03/28/2022 Time of Photo: 1110 Photographer: Juan Ibarra Description: The centralized concrete pit that collects freestall flush water. It is located on the east side of the three freestalls shown in photos 1-3. The elevated manure screen (not shown) is located on the left side of this collection pit. EPA Inspection Report - Page 11 of 18 Photo File Name: P3280006.JPG Date of Photo: 03/28/2022 Time of Photo: 1122 Photographer: Juan Ibarra Description: RCS 2 is in the foreground and RCS 3 is in the background. The former mortality composting area is in the background located on top of the RCS 3 embankment (on the left side of the lagoon) which is also shown in Photo 8. Note the numerous exposed dry cow bones in the manure pile. Both lagoons have sufficient freeboard and capacity for the 25-yr/24-hr rain event. The view is toward the east-northeast. EPA Inspection Report - Page 12 of 18 Photo File Name: P3280007.JPG Date of Photo: 03/28/2022 Time of Photo: 1125 Photographer: Juan Ibarra Description: Manure and sand mix collected from the centralized collection pit has been emptied onto the ground to dry before being land applied with a manure spreader. This area is located outside of the RCS drainage area and would discharge storm water runoff into a pasture area located above a tributary of Brushy Creek. All spilled or placed manure must be stored in the watershed of an RCS. The location of this manure and sand mix waste is near the influent point of RCS 1, at the southwest corner of the lagoon. The view is toward the northwest. EPA Inspection Report - Page 13 of 18 Photo File Name: P3280008.JPG Date of Photo: 03/28/2022 Time of Photo: 1138 Photographer: Juan Ibarra Description: The north embankment of the old mortality composting area located on the embankment of RCS 3. The pasture located to the right is protected by a soil berm that keeps runoff from the manure pile from discharging into the pasture. This manure pile, which is located on the left side of the berm, was fraught with exposed dry cow bones. The view is toward the west. EPA Inspection Report - Page 14 of 18 Photo File Name: P3280009.JPG Date of Photo: 03/28/2022 Time of Photo: 1202 Photographer: Juan Ibarra Description: The mortality burial pit has a dead cow floating on the surface. The Texas RG-419, referenced in 4 TAC Sections 31.3, and 58.31(b), requires that dead cattle be buried with three feet of soil. Numerous vultures flew away when I arrived at the site. The view is toward the west. EPA Inspection Report - Page 15 of 18 Photo File Name: P3280010.JPG Date of Photo: 03/28/2022 Time of Photo: 1217 Photographer: Juan Ibarra Description: A large manure composting area, stored in a pasture above a tributary of Brushy Creek (located at the tree line seen in the background) is not stored in an area that drains into an RCS. Storm water runoff from this area would discharge downslope toward Brushy Creek. The DigitalGlobe aerials show the size of this composting area and its proximity to Brushy Creek. The view is toward the northnorthwest. EPA Inspection Report - Page 16 of 18 Photo File Name: P3280011.JPG Date of Photo: 03/28/2022 Time of Photo: 1217 Photographer: Juan Ibarra Description: Another view of the large manure composting area, stored in a pasture above a tributary of Brushy Creek (located at the tree line seen in the background) is not stored in an area that drains into an RCS. Storm water runoff from this area would discharge downslope toward Brushy Creek. The DigitalGlobe aerials show the size of this composting area and its proximity to Brushy Creek. The view is toward the northeast. EPA Inspection Report - Page 17 of 18 Photo File Name: P3280012.JPG Date of Photo: 03/28/2022 Time of Photo: 1251 Photographer: Juan Ibarra Description: The eastern part of the open cattle pen, located northeast of RCS 4, does not drain storm water runoff into an RCS. Only one portion of this pen area, located near the shade pole area and westward, would channel run off into RCS 4. The eastern portion of this pen area is not directed to an RCS. EPA Inspection Report - Page 18 of 18 7 10 & 11 12 3-23-2022 DigitalGlobe aerial showing location of significant photos