250019_Signed Enforcement_20190625

STATE OF NORTH CAROLINA
COUNTY OF CRAVEN
IN THE MATTER OF
W. SAM LANE FARM
FOR VIOLATIONS OF SWINE WASTE
GENERAL PERMIT AWG 100000
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 143-215.1
NORTH CAROLINA
DEPARTMENT OF
ENVIRONMENTAL QUALITY
File No.
FINDINGS AND DECISION
AND ASSESSMENTS OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environmental
Quality, I, Jon Risgaard, Water Quality Regional Operations Section Chief of the Division of Water
Resources make the following:
I. FINDINGS OF FACT:
A. Sammy Lane owns and operates W. Sam Lane Farm, a swine animal feeding operation in
Craven County.
B. W. Sam Lane Farm was deemed permitted with a Certificate of Coverage AWS250019 under
General Permit AWG 100000 for W. Sam Lane Farm on October 1, 2014, effective upon
issuance, with an expiration date of September 30, 2019.
C. Condition No. I.I. of General Permit AWG100000 states that "Any discharge of waste that
reaches surface waters or wetlands is prohibited in this General Permit and associated
statutory and regulatory provisions. Waste shall not reach surface waters or wetlands by
runoff, drift, manmade conveyance, direct application, direct discharge or through ditches,
terraces, or grassed waterways not otherwise classified as state waters."
D. On January 15, 2019, the Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), were notified of a discharge of wastewater at the W. Sam
Lane Farm. The Division arrived onsite at approximately 4:30 pm. The discharge originated
from hog house 1, because a timer did not shut pump off. The discharge traveled in two
directions (See flow map). The wastewater flow reached surface water. In one direction the
farmer put some sand in a ditch to act as a dam, but it did not stop the flow. The waste was
not contained, and most of the waste went downstream. The Division took 8 samples and
results showed the presence of wastewater. Based on the dimensions of the hog house and
the depth of the wastewater, the Division determined approximately 80,000 gallons of
wastewater was discharged.
E. W. Sam Lane Farm does not have a valid permit for the above-described activity.

F. W. Sam Lane Farm received the Notice of Intent (dated March 18, 2019) on March 20, 2019.
G. The cost to the State of the enforcement procedures in this matter totaled $1377.00.
Based upon the above Findings of Facts, I make the following:
II. CONCLUSIONS OF LAW:
A. Sammy Lane is a "person" within the meaning of G. S. 143-215.6A pursuant to G. S. 143-
212(4).
B. A discharge to surface waters is a violation of Condition I.I. of General Permit AWG100000.
C. Sammy Lane may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2), which provides that a civil penalty of not more than twenty-five thousand
dollars ($25,000.00) per violation may be assessed against a person who is required but fails
to act in accordance with the terms, conditions, or requirements of a permit required by G.S.
143-215.1.
D. The State's enforcement costs in this matter may be assessed against Sammy Lane pursuant
to G. S. 143-215.3(a)(9) and G. S. 143B -282.1(b)(8).
E. The Chief of the Water Quality Regional Operations Section, Division of Water Resources,
pursuant to delegation provided by the Secretary of the Department of Environmental Quality
and the Director of the Division of Water Resources, has the authority to assess civil penalties
in this matter
Based upon the above Findings of Facts and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Sammy Lane, owner of W. Sam Lane Farm, is hereby assessed a civil penalty of:
For violating Condition No. I.1. of General Permit AWG 100000 for a
discharge of wastewater to surface waters.
TOTAL CIVIL PENALTY
Enforcement costs
$ TOTAL AMOUNT DUE
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As required by G. S. 143-215.6A(c), in determining the amount of the penalty I have considered
the factors listed in G. S. 143B -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 quantity or quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentional;
(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.
(Date) Jon Risgaard, Chief, Water Quality Regional Operations Section
Division of Water Resources

Memorandum
To: Debra Watts, Animal Feeding Operations Permitting and Compliance Unit
Supervisor of Animal Feeding Operations Permitting and Compliance Unit
Through: David May, Water Resources Supervisor VA&
Washington Regional Office
From: Megan H. Stilley, Environmental SpecialistE';,
Washington Regional Office
Subject: Enforcement Package
W. Sam Lane Farm
Permit No. AWS250019
Craven County
Date: June 25, 2019
Introduction:
W. Sam Lane Farm is owned and operated by Sammy Lane. This facility, located at 10580 Hwy 55 W in
Craven County, began operation in 1965. The facility has the capacity to raise 3093 Feeder to Finish
swine and the overall design for this facility is 417,555 steady state live weight.
Report:
On January 15, 2019 the Division of Water Resources (DWR), Water Quality Regional Operations
Section (WQROS), was notified of a discharge of wastewater at the W. Sam Lane Farm. The Division
arrived onsite at approximately 4:30 pm. A discharge of wastewater was noted. The discharge originated
at the first hog house and traveled in two directions (See Flow Map). A timer failed to turn off the pump
in house #1, which caused the house to fill with wastewater. Sammy Lane opened the door, unaware that
the timer failed, and wastewater flowed out of the house. Based on the length of the house and the depth
of the wastewater, approximately 80,000 gallons escaped. The only measure taken to contain the
wastewater was a sand dam (See flow Map). The dam did not contain the wastewater. The Division took
two samples downstream and ran out of daylight. The Division returned to the farm on January 16, 2019,
to take additional samples. Much of the wastewater had flowed downstream. The Division took eight
samples and results showed the wastewater reached surface waters. The facility is less than a mile from
the Neuse River. After the spill the facility installed a backup timer.
Conclusion:
Sammy Lane, owner and operator of W. Sam Lane Farm, is in violation of permit and North Carolina
General Statue 143-215.1(a) for a discharge of wastewater to surface water.
Recommendations:
It is recommended that the appropriate civil penalties be assessed against this subject facility, W. Sam
Lane Farm, located in Craven County, owned and operated by Sammy Lane Farm. The Washington
Regional Office recommends that a penalty be assessed for a discharge of wastewater to surface water.
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DIVISION OF WATER RESOURCES
ANIMAL OPERATIONS
ENFORCEMENT CASE REPORT
ENFORCEMENT #NOV-PC-2019-0200
Section I: General Information
1. Facility Name: W. Sam Lane Farm
2. Facility or Permit No.: AWS250019
3. Party named in assessment: Sammi
4. Address: 10705 Hwy 55 W, Dover, NC 28526
5. Telephone No.: [phone]
6. Location of Facility: 10580 Hwy 55 W, Dover, NC 28526
7. Type of Operation: 3093 Feeder to Finish
8. Registered Agent (if applicable): N/A
9. Registered Agent Address (if applicable): N/A
10. Date(s) of noted violations: January 15 & 16, 2019
11. Receiving Stream and Classification (if applicable): Neuse River C;Sw;NSW
12. Regional Office: Washington Regional Office
13. Report Prepared By: Megan H. Stilley
Section II: Findings
1. Case Narrative: On January 15, 2019, the Division of Water Resources (D3M, Water Quality
Regional Operations Section (WQROS), responded to a discharge of wastewater at facility
AWS250019. The discharged occurred because a timer failed to cut the pump off in hog house #1.
Approximately 80,000 of wastewater discharged. Sample results show wastewater reach surface
waters. Minimal efforts were made to contain spilled wastewater.
2. Farm and/or company compliance History: A database and file review indicates that the facility has
not received any previous violations.
3. Amount of Waste discharged (if applicable). 80,000alg lons
4. Sample Results (if applicable) with locations of samples taken noted in relation to discharge point:
Sample ID
Date
NH3
mg/L
TKN
mg/L
NO2+
NO3
m /L
Phosphorus
mg/L
Fecal
mg/L
BOD
mg/L
Sample
1
1/15/19
3.6
5.3
1.2
.6
N/A
N/A
Sample
2
1/15/19
128
160
.1
12
N/A
N/A
Sample
3
1/16/19
.44
1.6
1.3
.48
250
4.0
Sample
4
1/16/19
4.4
6.8
.21
.89
6818
14
Sample
5
1/16/19
360
520
.5
41
130000
N/A
Sample
6
1/16/19
36
41
.05
2.6
14000
N/A
Sample
7
1/16/19
.80
1.6
1.2
.18
560
N/A
Sample
8
1/16/19
.02
.68
.69
.07
N/A
N/A
5. Violator's degree of cooperation (including efforts to prevent or restore): Sammy Lane has been
cooperative and reported the discharge to the Division.
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6. Damage? Y/N If yes, include report from WRC: N/A
7. Mitigating Circumstances: N/A
8. Recommendations made to the owner/operator: Sammy Lane was advised to do the following: 1)
make a dam to stop wastewater runoff, 2Zpump contained wastewater back in the lagoon or on the
sspMfields, and 3) repair faulty timer.
9. Costs to the State for the enforcement procedures (Show Breakdown):
Total Staff Time (14 hours) $ 440.00
Central Office $ 100.00
Travel Cost (191 miles @ 0.39) $ 74.00
Laboratory Cost $ 763.00
Ammonia
$15.12 x 8 =
120.96
Nitrate+Nitrite
$18.69 x 8 =
149.52
Total Kjeldahl
$20.48 x 8 =
163.84
Total Phosphorus
$20.39 x 8 =
163.12
Fecal
$22 x 5 =
110
BOD
$28 x 2
= 56
TOTAL $ 1377.00
10. Recommendations for further DWR Action: Continue annual compliance inspections.
11. Other Comments: N/A
Section III: Assessment Factors required to be considered by G.S. 14313-282.1(b):
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: Animal waste has the potential to deplete dissolved oxygen in
the affected water bodv to a point which is harmful to aauatic life. Waste water also contains
nutrients which have the potential to spawn algal growth to the point which is harmful to aquatic life.
The degree and extent of harm was maximized by the discharge of wastewater.
2. The duration and gravity of the violation: The discharge and impacts resulting from the discharge
lasted approximately 2 days.
3. The effect on ground or surface quantity or quality: Unknown
4. The cost of rectifying the damage: The facility added a new timer. There was no cleanup effort and
only a small sand dam was placed in a ditch. The cost was minimal.
5. The amount of money saved by noncompliance: No Money was saved, as the discharge occurred due
to a faul , timer.
6. Whether the violation was committed willfully or intentional: The discharge was not intentional.
However, the owner believes a disgruntled employ, emy have tampered with timer.
7. The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority: A database and file review
indicates that the facility has not received previous violations.
no

8. The cost to the State of the enforcement procedures:
Total Staff Time $ 440.00
Central Office $ 100.00
Travel Cost (0 miles x 2 @ 0.39) $ 74.00
Laboratory Cost $ 763.00
TOTAL $1377.00
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