990012_Civil Penalty Assessment_20230406 (2)

DocuSign Envelope ID: 13070256-A73E-4249-8DC1-1FOBOD7C681E
DIVISION OF WATER RESOURCES
CIVIL PENALTY ASSESSMENT FACTORS
Violator: Tim A. Smitherman Case Number: PC-2023-0009
County: Yadkin Permit Number: AWC990012
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:
Nutirents (nitrogen) applied to land in excess of recommended rate will eventually leach in to the
surface and groundwaters, and pose serious threat to the aquatic life.
2) The duration and gravity of the violation:
Off-spec fertilizer applied as an additional nutrient source to waste application fields over a
period of time in the Spring of 2022. This resulted in nitrogen toxicity and the damage to the
crop is severe and significant.
3) The effect on ground water quality, surface water quantity or air quality:
Likely adverse impacts to groundwater and surface water immediately following the
overapplication of nitrogen sources to the land application fields.
4) The cost of rectifying the damage:
There is not enough information to calculate the cost to rectify damage.
5) The amount of money saved by noncompliance:
The permittee benefitted financially by being the recipient of off-spec fertilizer water and not
having to purchase fertilizer for the crop cycle.
6) Whether the violation was committed willfully or intentionally;
The permittee was provided with nutrient analysis by multiple sources prior to their land
application of the off-spec material. Permittee has land applied the off-spec fertilizer willfully,
knowing about the excess nutrient content of material and there by overapplied nutrients.
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
Prior violations and assessments:PC-2015-0028-$11,247 civil penalty, NOD in 2018 for
leachate concerns and failure to obtain waste analysis, NOV in 2019 or leachate concerns and
failure to obtain waste analysis, NOV in 2021 for freeboard and runoff
8) Cost to the State for the enforcement procedures:
$410.45
DocuSigned by:
4/6/2023 l IdAa.c,(, Pjar,1
Date ceP etra� P.E.