440013_PC-2021-0031 Summary & Recommendation_20220303

DocuSign Envelope ID: 22DECE7A-D98F-473E-BC4C-EF97FAEE091 F
Remission Request Summary and Recommendation
To: S. Daniel Smith
From: Landon Davidson Ds (iieReviewed by: Jeff Poupart _
WQP Section Chief (initials)
Assessed Party:
Case No.:
Steven M. Ross
PC-2021-0031
Case Background and Assessment
Date: 12/08/2021 Region: ARO
Date: 2/23/2022
County: Haywood
Permit No: AWC440013
October 1, 2019 DWR issued COC No. AWC440013 to Steven M. Ross for Triple R Dairy Farm.
January 12, 2021 On January 12, 2021, the Division received a phone call regarding the alleged
misapplication of waste being applied to a field along Jonathan Creek Road near
Waynesville, NC. Division staff conducted an inspection of the Triple R Dairy Farm
facility. During the inspection it was documented with photographs that effluent from one
of the facility's waste storage structures had been dumped and was ponding at the edge of
a spray field. An earthen berm had been constructed to hold the ponded waste in place
within the spray field. This application of waste was documented to be in excess of proper
agronomic rates and violated the facility's CAWMP.
January 15, 2021
On January 15, 2021 the Division issued a Notice of Violation with Notice of Intent to
Enforce (NOV/NOI) through the civil penalty assessment process to Steven M. Ross
identifying violations of NCGS 143-215 et seq. and the General Permit AWG200000.
The NOV/NOI was sent via certified mail, return receipt requested, and was received on
January 19, 2021.
July 6, 2021 Steven M. Ross was assessed a civil penalty of $3188.90 ($3000.00 civil penalty plus
$188.90 investigative costs):
• $1000.00 for violation of Condition II.4 of the General Permit AWG200000 for the
land application of waste in excess of the limits set by the CAWMP.
• $1500 for violation of Condition IL5 of the General Permit AWG200000 for failure to
prevent excessive ponding of waste in the land application site.
• $1000.00 for violation of Condition III.17(g) of the General Permit AWG200000 for
failure to notify the appropriate Division Regional Office of the application of waste
in excess of the limits set by the CAWMP.
October 12, 2021 Green card indicated delivery of the assessment document.
Remission Request (Summary)
November 5, 2021 Remission request signed
November 12, 2021 Remission request received
Summary: The permittee did not dispute the findings of the violation. There was excessive amount of water put
in one area but the concentration of nutrients was very minimal. When the land dried up in the spring, before
planting we took a dozer and bladed off the area and spread it in a much larger area that would be more in
accordance with land application rates. Just trying to manage the situation with what I had to work with and the
brief window of time that I had to do it in to prevent a possible environmental disaster.
rev 1.0 - 8.31.09

DocuSign Envelope ID: 22DECE7A-D98F-473E-BC4C-EF97FAEE091 F
Enforcement History
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
Remission Recommendation from Regional Office and Central Office
• DWR Asheville Regional Office Recommendation (Check One)
Request Denied ❑
Full Remission n Retain Enforcement Costs? Yes n No n
Partial Remission ® $625.00 (enter amount to remit)
Comment:
Permittee states that there was excessive amount of water, and that permit requires notification if freeboard is
exceeded. Remission document from permittee does not clearly indicate basis for selecting this factor. Permittee
took measures, such as installing a berm, to ensure runoff to surface water did not occur, even though knowingly
applying in a non -compliant manner.
• DWR Central Office Recommendation (Check One)
Request Denied ❑
Full Remission n Retain Enforcement Costs? Yes n No n
Partial Remission ® $625.00 (enter amount to remit)
Comment: