970008_Findings and Decision_20180228

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT QUALITY
COUNTY OF WILKES
IN THE MATTER OF
) DV-2018-0010
CLIFTON G. HUTCHISON
}
MARGIE HUTCHISON
FINDING AND DECISION
FOR VIOLATIONS OF
) AND ASSESSMENT OF
NORTH CAROLINA
) CIVIL PENALTIES
GENERAL STATUE 143-215.1
)
Acting pursuant to delegation provided by the Secretary of the Department of Environmental Quality and
the Director of the Division of Water Resources (DWR), I, Jon Risgaard, Chief of the Water Quality
Regional Operations Section of the DWR, make the following:
I. FINDINGS OF FACT:
A. Clifton G. and Margie Hutchison owns and operates Hutchison Dairy, a dairy cattle
operation located along Traphill Road in Wilkes County.
B. Per Wilkes County tax records, Clifton G. and Margie Hutchison own parcels 1903028,
1903529 and 1903637 located along Traplull Road in Wilkes County. Tax records
document that Hutchison Dairy, including the animal waste structure, is located on
property owned by Guy Vernon Hutchison (Parcel ID 1902695). The dairy is managed by
Derek Hutchison (January 18, 2018 letter to DWR).
C. Hutchinson Dairy is deemed permitted as a non -discharge facility in accordance with
Title 15A North Carolina Administrative Code (NCAC) Subchapter 2T Section .1303
(15A NCAC 2T .1303).
D. North Carolina G.S. 143-215.1(a)(1) states that "No person shall do any of the following
things or carry out any of the following activities unless that person has received a permit
from the Commission and has complied with all conditions set forth in the permit: Make
any outlets into waters of the State."
E. On December 6, 2017 DWR staff conducted a site investigation of the above referenced
parcels in response to a complaint alleging the run-off of animal waste from an
application field into surface waters. During the investigation, DWR staff documented
that animal waste from Hutchison Dairy had, and was continuing to dischmge, from
parcel 1903529, into an unnamed tributary to East Prong Roaring River. This section of
water is classified as'a Class C water within the Yadkin -Pee Dee River Basin.
F. Per onsite discussions with Derek and Clifton Hutchison, and Clifton Hutchison's
January 18, 2018 letter to DWR, there "was rainfall the night of the spill which turned out
to be more than anticipated..." The application of waste, malfunction of the application
equipment and rain, therefore, occurred the day before DWR was made aware of the
unpermitted discharge. The discharge of waste into waters of the State was occurring
when DWR arrived the next day (4:OOpm on December 6, 2017). No efforts to contain,

Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Clifton G. and Margie Hutchison is hereby assessed a civil penalty of:
$ 3�y • for violation of G.S. 143-215.1(a)(1). by causing the unpermitted
discharge of animal waste into waters of the State.
$ 3 0 0 o TOTAL CIVIL PENALTY which is percent of the maximum
penalty authorized by N.C.G.S.§ 143-215.6A.
$ 1306.27 Enforcement costs
$ `(3 O C . a --7- TOTAL AMOUNT DUE
Pursuant to N.C.G.S.§ 143-215.6A(c), in determining the amount of the penalty I have taken into account
the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S.§ 14313-282.1(b), which
are:
(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;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations
occurring after the assessment period indicated above. Each day of a continuing violation may be
considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties
and investigative cost may be assessed for any other rules and statutes for which penalties have
not yet been assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Clifton G. and
Margie Hutchison in accordance with N.C.G.S.§l43-215.6(A)(d).
.�xl� &/c 8
(Date)
r
i Ris r�, Chief
Wate . ality Regional Operations Section
Di sion of Water Resources