960121_PC-2021-0007_20210709

DocuSign lEnvelope ID: DDO7B52F-D7CD-44A8-8E1 B-74C3ACFFFODA
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
•
NORTH CAROLINA
Environmental Quality
July 9, 2021
CERTIFIED MAIL - # 7017 0190 00001635 4297
RETURN RECEIPT REQUESTED
William L. Jackson
Dexter Jackson 29 & 30
756 Country Club Road
Mt. Olive, NC 28365
SUBJECT: Assessment of Civil Penalties for Violation(s) of
15A NCAC 2T .0105(e)(2)
Farm # 960121
Wayne County
Enforcement File No. 2021-0007
Dear William L. Jackson:
This letter transmits notice of a civil penalty assessed against William L. Jackson in the amount of
$750.00 and $506.24 in investigative costs, for a total of $1,256.24. Attached is a copy of the assessment
document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary, of the
Department of Environmental Quality. Any continuing violation(s) may be the subject of a new
enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environtne.0^' Quality (do not
include waiver form). Payment of the penalty will not foreclose further enforcement action env
continuing or new violation(s). Please submit payment to the attention of:
Miressa D. Garoma
Animal Feeding Operations Program
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
NLRTH C R'II INA�P/
0.pdL.c.A nitin .actual 0a,ay
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11636 Mail Service Center I Raleigh, North Carolina 27699-1636
919.707.9129

DocuSign Envelope ID: DD07B52F-D7CD-44A8-8E1B-74C3ACFFFODA
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below, as
they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is
not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the
factual statements contained in the civil penalty assessment document. Because a remission request
forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your
right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in
dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Resources at the address listed below. In determining
whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of Water Resources will review your evidence and inform you
of their decision in the matter of your remission request. The response will provide details regarding
the case status, directions for payment, and provision for further appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalty Remissions (Committee).
Please be advised that the Committee cannot consider information that was not part of the original
remission request considered by the Director. Therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30)
days of receipt of this notice. The Division of Water Resources also requests that you complete and submit
the enclosed "Justification for Remission Request." Both forms should be submitted to the following
address:
Miressa D. Garoma
Animal Feeding Operations Program
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document, you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.
ntam:wurcnwamn V
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1636 Mall Service Center I Raleigh, North Carolina 27699-1636
919.707.9129

docuSign Envelope ID: DDO7B52F-D7CD-44A8=8E1 B-74C3ACFFFODA
You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of
this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday
between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition maybe filed
by facsimile (fax) or electronic mailby an attached file (with restrictions) - provided the signed original,
one (1) copy and a filing fee (if a filing fee is required by NCGS § 150B 23.2) is received in the Office of
Administrative Hearings within seven (7) business days following the faxed or electronic transmission.
You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or
the details of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows: -
Office of Administrative Hearings
6714 Mail Service Center
Raleigh; NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
William F. Lane, General Counsel
DEQ
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced
by an internal date/tine received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the review period
of this assessment. If you have any questions, please contact Miressa D. Garoma at [phone].
Sincerely,
DocuSigned by:�
crviliaw.
8FB19B849DD2478...
Jeff Poupart, Chief
Water Quality Permitting Section
Division of Water Resources
ATTACHMENTS
cc: Washington WQROS Regional Supervisor w/ attachments
File # DV-2021-0007 w/ attachments
WQPS Central Files w/ attachments
Wayne County Health Department
Laserfiche (AWS960121)
North Carolina Department of Environmental Quality j Division of Water Resources.
512 North Salisbury Street 11636 Mail Service Center I Raleigh, North Carolina 27699-1636
919.707.9129

clocuSign Envelope ID: DD07B52F-D7CD-44A8-8E1B-74C3ACFFFODA
DIVISION OF WATER RESOURCES
CIVIL PENALTY ASSESSMENT FACTORS
Violator: William L. Jackson Case Number: PC-2021-0007
County: Wayne Permit Number: AWS960121
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation;
Excessive ponding leads to nutrients leaching through root zone and cause ground water contamination.
2) The duration and gravity of the violation;
The Division was made aware of the facility's violations on October 21, 2020. The Division staff visited the
site on October 22, 2020 and wastewater runoff was noted.
3) The effect on ground or surface water quantity or quality or on air quality;
Unknown.
4) The cost of rectifying the damage;
There was no cost to fix the damage. The wastewater ran off and entered a tributary. The facility did not
attempt to contain or cleanup the wastewater.
5) The amount of money saved by noncompliance;
Cannot be determined.
6) Whether the violation was committed wilfully or intentionally;
The current owner has been in operation since 2016 and the permittee is aware of rules and regulations.
The owner knew the reel was not moving and did not cut it off when he ran to town to get gas.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and -
Under the current owner the facility received a Notice of Intent in February 2020 for failure to complete
calibration, sludge survey,soil test, overapplication and irrigation outside acceptable crop window.
The facility recently received a Notice of intent for a discharge of wastewater and an NOD for high lagoon
levels.
8) Cost to the State for the enforcement procedures:
$506.24
DocuSlyned by:
c
8FB19B649DD2478...
Date Jeff Poupart
rev 1.0 - 8.31.09