Document zo4x3mpgGY1XRJjE85rJ781N3

Region 6 - Enforcement & Compliance Assurance Division INSPECTION REPORT Inspection Date(s): Media Program: Regulatory Program(s) 07/28/2021 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: Jacobs Dairy II Jacobs Dairy II 1088 County Road 2341 Sulphur Springs, TX 75482 1000 FM 1567 Sulphur Springs, TX 75482 Hopkins Antoon Jacobs Owner Jacobstj5@gmail.com, wyrick@suddenlink.net FRS Number: Identification/Permit Number: Media Identifier Number: NAICS: SIC: TXG920939 112120 0241 Personnel participating in inspection: Juan Ibarra EPA R6 / 6ECD-WA Paul Juarez EPA R6 / 6ECD-WA Antoon Jacobs (not present) Jacobs Dairy II Jim Wyrick (not present) Jacobs Dairy II Inspector Inspector Owner Consultant 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: 2021.09.01 13:19:03 -05'00' {Inspector name} ESTEBAN HERRERA Digitally signed by ESTEBAN HERRERA DN: c=US, o=U.S. Government, ou=Environmental Protection Agency, cn=ESTEBAN HERRERA, 0.9.2342.19200300.100.1.1=68001003655598 Date: 2021.09.01 17:30:40 -05'00' {Supervisor name} Date Date 6ENFORM-019-R8.2 (02/12/2020) 1 Section I - INTRODUCTION Jacobs Dairy II Inspection Date 07/28/2021 PURPOSE OF THE INSPECTION EPA Region 6 inspectors Juan Ibarra and Paul Juarez arrived at Jacobs Dairy II at 1037 on July 28, 2021, for an announced inspection. No one was at the dairy because the dairy is closed, but Mr. Antoon Jacobs was called by phone the day before the site visit and informed of the inspection at that time. Mr. Jacobs provided the inspector with consent for entry and the code to the gate lock that secured the facility from unauthorized access (credentials could not be presented). The purpose of the EPA inspection was to determine compliance with the requirements of the facility's Texas Commission on Environmental Quality (TCEQ) Concentrated Animal Feeding Operation (CAFO) General Permit. The scope of the inspection was a compliance evaluation of the facility's lagoon maintenance requirements. FACILITY DESCRIPTION Jacobs Dairy II is permitted as a dry cow facility for 599 cows plus calves. The facility was closed in June 2019 and no longer has any cows or staff at the site. This site was not operated as a dairy, but rather as a holding area for dry cows and calves from Mr. Jacobs' other two dairy facilities (Jacobs Dairy and JJ Dairy - formerly known as Sidney Walker Dairy). The facility is also currently up for sale and has locked the entry gate. However, Jacobs Dairy II has a current TCEQ CAFO General Permit (TXG920939), and as such the facility must continue to operate and manage the three lagoons. No one was at the property at the time of the inspection, there were no records available for review, but the operational condition of the facility's three lagoons were observed to the degree allowed due to the dense/high vegetation surrounding the embankments and pastures surrounding the lagoons. The facility has three Retention Control Structures (RCSs) as indicated in the attached site map. There are no prior EPA inspections at this site, so operating and management procedures were not evaluated. All three lagoons were overgrown with heavy vegetation and trees, with one of the lagoons so overgrown that we were unable to accurately locate the lagoon as indicated in the attached photolog which shows the lagoon areas. Section II - OBSERVATIONS During the site inspection of Jacobs Dairy II, we observed that the three retention control structures (RCS) were not being maintained. We were unable to access the embankments of the three units due to very dense and high vegetation, but we got as close as we could and photographed the condition of the lagoons. Due to the very dense vegetation, we were unable to locate one of the three lagoons. The lagoons were inaccessible due to the lack of proper and required maintenance such as mowing of vegetation and preventing trees from growing on the embankments of all three units. A lagoon marker was seen on the most south-western lagoon, but we could not get close enough to determine whether any of the units were discharging or had discharged recently. 2 Jacobs Dairy II Inspection Date 07/28/2021 The dairy has not maintained lagoon maintenance records since shutting down the dairy. Neither Mr. Jacobs nor his consultant could provide any recent lagoon maintenance records. These records would include the weekly lagoon level records, land application of manure solids and wastewater records, and current records of annual sampling of the lagoons and land application sites. Section III - AREAS OF CONCERN 1) The dairy is required to maintain its lagoons per the requirements of its TCEQ CAFO General Permit (Section III.A.10.(a)(c)(e) and (f)). This includes managing the embankments of the units, removing trees, and mowing the perimeter to allow access and observe embankment integrity. 2) Lagoon levels must be managed thru land application to maintain the storage capacity for the 25-yr/24-hr rain event (Section III.A.10.(a)(1) and (2)). This is to be accomplished thru weekly documented lagoon level measurements using the lagoon pole markers. 3) The facility must maintain all the CAFO permit required lagoon maintenance records including the weekly lagoon levels (Part III.A.15.(a)(2)), lagoon embankment maintenance records, and land application records (Part IV.4.), and the annual wastewater and manure solids sampling records (Part IV.5.). EPA Region 6 inspector Juan Ibarra was unable to conduct a closing conference by telephone with Mr. Jacobs following the inspection, as Mr. Jacobs notified me that he was ill. Section IV - FOLLOW UP None Section V - LIST OF APPENDICES Appendix 1 - Photo Log - 6 photos taken on 7/28/2021 and a Site Aerial Photograph 3 Jacobs Dairy II TXG920939 Inspection Date 07/28/2021 Appendix 1 Photograph Log and Site Aerial Photograph UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Jacobs Dairy II City: Sulphur Springs Photo No. 1 County: Hopkins State: Texas Photo File Name: DSCN4405.JPG Date of Photo: 07/28/2021 Time of Photo: 1047 Photographer: Paul Juarez Description: Looking at the area where the middle RCS was supposed to be located. We were unable to definitively locate the lagoon due to the lack of maintenance and mowing. The view is toward the northeast. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Jacobs Dairy II City: Sulphur Springs Photo No. 2 County: Hopkins State: Texas Photo File Name: DSCN4413.JPG Date of Photo: 07/28/2021 Time of Photo: 1058 Photographer: Juan Ibarra Description: Looking at the most eastern RCS. The unit is overgrown with tall vegetation and trees. The view is toward the northeast. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Jacobs Dairy II City: Sulphur Springs Photo No. 3 County: Hopkins State: Texas Photo File Name: DSCN4414.JPG Date of Photo: 07/28/2021 Time of Photo: 1059 Photographer: Juan Ibarra Description: Another view of the most eastern RCS. The unit is overgrown with tall vegetation and trees. The view is toward the east. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Jacobs Dairy II City: Sulphur Springs Photo No. 4 County: Hopkins State: Texas Photo File Name: DSCN4415.JPG Date of Photo: 07/28/2021 Time of Photo: 1104 Photographer: Juan Ibarra Description: Looking at the most western RCS. The unit is overgrown with tall vegetation and trees. A pole marker is seen at the far east side of the lagoon, near the dewatering equipment. The view is toward the east. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Jacobs Dairy II City: Sulphur Springs Photo No. 5 County: Hopkins State: Texas Photo File Name: DSCN4416.JPG Date of Photo: 07/28/2021 Time of Photo: 1104 Photographer: Juan Ibarra Description: Looking at the most western RCS. The unit is overgrown with tall vegetation and trees. The view is toward the east. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Jacobs Dairy II City: Sulphur Springs Photo No. 6 County: Hopkins State: Texas Photo File Name: DSCN4417.JPG Date of Photo: 07/28/2021 Time of Photo: 1105 Photographer: Juan Ibarra Description: Another view of the most western RCS. The unit is overgrown with tall vegetation and trees. The view is toward the northeast. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Jacobs Dairy II City: Sulphur Springs Photo No. 7 County: Hopkins State: Texas Jacobs Dairy II DigitalGlobe Aerial photograph dated 12/19/2020 showing the three lagoon locations N