440013_Civil Penalty Assessment_20210706

DocuSign Envelope ID: 1549CA35-3680-43B0-9802-466E20F86456
DIVISION OF WATER RESOURCES
CIVIL PENALTY ASSESSMENT FACTORS
Violator: Steven M. Ross Case Number: PC-2021-0031
County: Haywood Permit Number: AWC440013
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:
In reference to the cited violations, no harm to the natural resources of the State was observed, to the public
health, or to private property was documented. No discharge of waste from the waste collection and
treatment system could be documented.
2) The duration and gravity of the violation:
The ponding of waste on the spray field occurred on January 12, 2021. The excess ponding of waste in the
land application sites has the potential to lead to excessive nutrient loading of the soil, as well the leaching
of nutrients into the groundwater.
3) The effect on ground or surface water quantity or quality or on air quality:
No effect on ground water, surface water, or air quality was documented.
4) The cost of rectifying the damage:
The cost to rectify the damage would potentially include the cost of running the equipment needed to
reclaim the ponded waste. If waste storage structures are at high freeboard levels then it is possible the cost
of a pump and haul operation be considered.
5) The amount of money saved by noncompliance:
The expenses avoided through noncompliance include the cost of taking an alternative approach to quickly
decreasing freeboard levels in the lagoon, such as a pump and haul operation for example.
6) Whether the violation was committed willfully or intentionally;
The Permittee claims to have willfully and knowingly violated the conditions of the CA WMP and General
Permit by intentionally applying the waste at greater than agronomic rates in the land application site,
claiming he had no other choice due to high freeboard levels in the lagoon.
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
A database and file review indicates that the facility does have a violation history:
NOV-2016-PC-0519; October 27, 2016: permit condition violations
NOV-2017-DV-0026; February 13, 2017: discharge violation
NOV-2017-PC-0017; January 23, 2017: permit condition violations
NOV-2020-SS-0003; January 21, 2020: discharge violation
8) Cost to the State for the enforcement procedures:
$188.90
7/14/2021
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Date Jeff Poupart
rev 1.0 - 8.31.09