NCS000130_COMPLIANCE_20181219

STORMWATER DIVISION CODING SHEET
NCS PERMITS
PERMIT NO.
n! LS � 0 0 '
DOC TYPE
❑FINAL PERMIT
❑ MONITORING REPORTS
❑ APPLICATION
le' -COMPLIANCE
❑ OTHER
DOC DATE
❑ zol b g I I
YYYYMMDD

NORTH CAROLINA
Fnv mnmenta1Quo[W
December 20, 2018
CERTIFIED MAIL 7002 0860 0006 5836 1226
RETURN RECEIPT REQUESTED
Mr. Marcus L. Shockley
Plant Manager
Perdue Agri Business LLC
Perdue Farms Incorporated
416 South Long Drive
Rockingham, NC 28379
ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
LINDA CULPEPPER
Director
RECEIVED
DEC 19 2D18
CENTRAL FILES
DWR SECTION
SUBJECT: Assessment of Civil Penalty for Violations of the Reporting Requirements
NPDES Permit NCS000130
Perdue Rockingham Plant
Case No. DV-2018-0073
Richmond County
Dear Mr. Shockley:
This letter transmits a notice of a civil penalty assessed against Perdue Agri Business LLC in the
amount of $82,354.34 (includes $3,354.34 in enforcement costs).
This assessment is based upon the following facts: It was observed during an inspection conducted by
the Fayetteville Regional Office on March 27, 2018, that wastewater containing chicken skin, feathers
and blood had been discharged into Falling Creek (Hinson Lake, Great Falls Pond), a Class C waters in
the Yadkin -Pee Dee River Basin, A follow-up visit on March 28, 2018, was conducted and wastewater
containing chicken feathers, chicken skin and blood was observed entering Falling Creek. The March
27, 2018, discharge was due in part to wastewater pump malfunctions and to direct dumping into the
Stormwater drain by an offal truck. Another inspection was performed on May 10, 2018, and
wastewater was again observed entering Falling Creek due to poor operation and maintenance at the
plant. Sampling was performed on March 27, March 28, and May 10, 2018, confirmed water quality
standards violations for Dissolved Oxygen and Fecal Coliform. Perdue Agri Business LLC also failed
to report any of the discharges to the Division of Water Resources by Perdue as required by permit.
A Notice of Violation/Notice of Intent to Assess Civil Penalty (NOV-2018-DV-01 98) on
August 14, 2018, for the following violations:
- NCGS 143-215.I (a)(1)
- 15A NCAC 02B .021 l (1), (2), (6), (7), and (12)
- NPDES Permit NCS000130, Part 11I, Sections C.1., E.7., and E.9a.
The State's enforcement costs in this matter may be assessed against Perdue Agri Business LLC
pursuant to NCGS. 143-215.3(a)(9) and NCGS 143B-282.I(b)(8).
Slate of North Carolina I Environmental Quality I Water Resources
1617 Mail service Center I Raleigh, North Carolina 27699.1617
919 707 9"

Case No.: DV-2018-0073
December 2018
Page 2 of 5
Based upon the above facts, the Division concludes as a matter of law that Crosby violated the terms,
conditions or requirements of NPDES Permit NCS000130, in the manner and extent shown above. In
accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed
against any person who violates the terms, conditions or requirements of a permit required by G.S.
143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environmental Quality and the Director of the Division
of Water Resources, the Division hereby makes the following civil penalty assessment against Crosby
Utilities, Inc.:
$ 79,000 For violations of NCGS 143-215.1, 15A NCAC 02B .0211 (1), 15A
NCAC 02B .0211 (2), 15A NCAC 02B .0211(6), 15A NCAC 02B
.0211(7), 15A NCAC 02B .0211(12), and NPDES Permit NCS000130,
Part III, Section A.3., NPDES Permit NCS000130, Part III, Section
C.I ., NPDES Permit NCS000130, Part III, Section E.7., NPDES Permit
NCS000130, Part II1, Section E. 9a.
$ 3,354.34 Enforcement C6sts
$ 82,354.34 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty the Division has taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.I (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 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; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not
include waiverform). Payment of the penalty will not foreclose further enforcement action for any
continuing or new violation(s). Please submit payment to the attention of:
Division of Water Resources
Wastewater Branch
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification for
such request.,

Case No.: DV-2018-0073
December 2018
Page 3 of 5
Please be aware that a request for remission is limited to consideration of the five factors listed below
as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy
of any of the factual statements contained in the civil penalty assessment document. Because a
remission request forecloses the option of an administrative hearing, such a request must be
accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement
that no factual or Iegal issues are in dispute. Please prepare a detailed statement that establishes why
you believe the civil penalty should be remitted and submit it to the Division of Water Resources at the
address listed below. In determining whether a remission request will be approved, the following
factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was
wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or.
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please note that all .evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of the Division of Water Resources will review your evidence
and inform you of his decision in the matter of your remission request. The response will provide
details regarding the case status, directions for payment, and provision for further appeal of the penalty
to the Environmental Management Commission's Committee on Civil Penalty Remissions
(Committee). Please be advised that the Committee cannot consider information that was not part of
the original remission request considered by the Director. Therefore, it is very important that you
prepare a complete and thorough statement in support* of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of
Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within
thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you
complete and submit the enclosed "Justification for Remission. Request." Both forms should be
submitted to the following address:
Division of Water Resources
Wastewater Branch
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document, you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.
You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of
this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and
one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may

Case No.: DV-2018-0073
December 2018
Page 4 of 5
be faxed provided the original and one copy of the document is received in the Office of Administrative
Hearings within five (5) business days following the faxed transmission. The mailing address for the
Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
AND
Mail or hand -deliver a copy of the petition to:
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the, petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action. Please be advised that
additional penalties may be assessed for violations that occur after the review period of this assessment.
If you have any questions, please contact John Hennessy at 919-707-3615 or via e-mail
(john.hennessy amcdenngo_v).
Sincerely,
Linda Culpepper
l r Director, Division of Water Resources
ATTACHMENTS
cc: DWR Fayetteville Regional Office
NCS000130 Enforcement File w/attachments
Central Files w/attachments

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF RICHMOND
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
PERDUE AGRI BUSINESS LLC ) STIPULATION OF FACTS
)
PERMIT NO. NCS000130 ) FILE NO. DV-2018-0073
Having been assessed civil penalties totaling $82,354.34 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated December 18, 2018, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in
the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The
undersigned further understands that all evidence presented in support of remission of this civil penalty
must be submitted to the director of the Division of Water Resources within thirty (30) days of receipt of
the notice of assessment. No new evidence in support of a remission request will be allowed after (30)
days from the receipt of the notice of assessment.
This the day of
ADDRESS
TELEPHONE
SIGNATURE

JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: DV-2018-0073 County: Richmond
Assessed Entity: Perdue Agri Business LLC
Permit No.: NCS000130 Amount Assessed: $82,354.34
Please use this form when requesting remission of this civil penalty. You must also complete the "Request
for Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts " form to request
remission of this civil penalty. You should attach any documents that you believe support your request and
are necessary for the Director to consider in evaluating your request for remission. Please be aware that a
request for remission is limited to consideration of the five factors listed below as they may relate to the
reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure
for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty
may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as
to why the factor applies (attach additional pages as needed).
❑ (a) one or more of the civil penalty assessment factors in N.C,G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty
assessment document);
❑ (b) .the violator promptly abated continuing environmental damage resulting from the violation
(i.e., explain the steps that you took to correct the violation and prevent future occurrences);
❑ (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was
unavoidable or something you could not prevent or prepare for);
❑ (d) the violator had not been assessed civil penalties for any previous violations;
❑ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF RICHMOND
IN THE MATTER OF
PERDUE AGRI BUSINESS LLC
FOR VIOLATIONS OF:
(NCGS) 143-215.1 (a)(1),
15A NCAC 02B.0211 (1),
15A NCAC 02B .0211 (2),
15A NCAC 02B .0211 (6),
15A NCAC 0213.0211 (7),
15A NCAC 02B .0211 (8),
15A NCAC 02B .0211 (12), ,
NPDES Permit No. NCS000130
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
CASE NO. DV-2018-0073
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A,1, Jeff Poupart, of the
Division of Water Resources (hereby known as DWR), make the following:
FINDING OF FACT
A. Perdue Agri Business LLC is a person organized and existing under the laws of
the State of North Carolina.
B. On December 29, 2014, Perdue Agri Business LLC was issued Individual
Stormwater Discharge Permit Number NCS000130 to discharge stormwater
associated with industrial activity for the Perdue Chicken Processing Plant -
Rockingham Facility pursuant to the application received on February 6, 2012, in
accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina.
C. On March 27, 2018, staff from the Fayetteville Regional Office of the Division of
Water Resources (DWR) conducted inspections in response to calls received by
the Fayetteville Regional Office about a discharge from Perdue of wastewater to
Falling Creek. The following observations were noted during the March 27,
2018, inspection:
Perdue staff stated the spill was a result of malfunctions in two of the three
pumps that handle wastewater. Perdue stated that one pump could not
keep up with the flow of wastewater which caused the wastewater tank to

overflow. The excess wastewater flowed into a storm drain that exits
through a culvert into a ditch that flows to Falling Creek.
• Wastewater containing chicken feathers, chicken skin, and blood was
observed entering Falling Creek.
• While sampling was being performed by DWR, an increased flow of fresh
wastewater containing blood was observed leaving the pipe. When
questioned as to the cause, Perdue informed DWR they did not know the
cause and proceeded to investigate. Perdue then informed DWR that an
offal truck was currently parked directly over a storm drain and was
discharging wastewater into the storm drain.
• DWR directed Perdue to immediately stop all wastewater flow to the
storm drain and to remove wastewater from the ditch leading to Falling
Creek.
Sampling was performed at the source, confluence, upstream, and
downstream. Field parameters and laboratory results showed the
following:
3/27/2018
Source
ConfluenceUpstrea
Downstream
BOD
1460
>1059.32
<2.00
3.74 mg/l
mg/l
mg/l
mg/l
Ammonia
25.2
18.6 mg/l
2.10 mg/l
<0.500 mg/l
mg/l
TSS
650
410 mg/l
<6.25
<6.25 mg/l
mg/1
mg/l
Fecal
60,000
>60,000
10 cfu per
1000 cfu per
cfu per
cfu per 100
100 ml
100 ml
l 00 ml
ml
Oil and
261
109 mg/1
<5.0 mg/l
<5.0 mg/l
Grease
mg/1
Dissolved
2.61
0.1 mg/l
8.89 mg/l
9.54 mg/1
Oxygen
m 1
PH
6.65
6.38
5.79
6.10
Conductivity
978
915 SPC
31.3 SPC
32.0 SPC
SPC
D. On March 28, 2018, a follow-up inspection was conducted by DWR staff from
the Fayetteville Regional Office to confirm clean-up activity was taking place.
The following observations were noted during the March 28, 2018, inspection:
Wastewater containing chicken feathers, chicken skin, and blood was
observed leaving the culvert, entering the ditch, and travelling all the way
to Falling Creek.
Page 2 of l0

• Clean-up crews were on site but could not keep up with the flow. DWR
suggested the ditch be temporarily dammed to prevent further spillage to
Falling Creek.
• Perdue stated the wastewater discharge was a result of flushing activities
that were taking place around the storm drain to aid in the clean-up.
• Sampling was performed at the source, confluence, upstream, and
downstream. Field parameters and laboratory results showed the
following:
3/28/2018
Source
ConfluehecUpstrea
Downstream
BOD
874
99.0 mg/l
<2.0 mg/l
<2.00 mg/l
mg/1
Ammonia
19.8
19.2 mg/l
<0.500
<0.500 mg/l
mg/l
mgzl
TSS
222
99.0 mg/l
<1.2.5
<7.00 mg/I
mg/l
m ]
Fecal
40,000
>60,000
<1 CFU
100 cfu per
cfu per
cfu per 160
per 100
100 ml
100 ml
ml
ml
Dissolved
4.29
1.26 mg/l
8.64 mg/l
9.57 mg/l
Oxygen
mg1l
H
6.6
6.7
6.16
6.08
Conductivity
684
55.2 SPC
31.6 SPC
33 SPC
SPC
E. On May 10, 2018, another inspection was performed by DWR staff frorn the
Fayetteville Regional Office. The following observations were noted during the
May 10, 2018, inspection:
• Wastewater containing floating solids and offensive odors was observed at
the discharge point, with some of the solids having a blood -colored tint.
• Sampling was performed at the source. Field parameters and laboratory
results showed the following:
05/10/2018
l Source
BOD
32.8 mg/l
Ammonia
2.73 mg/1
TSS
15.0 mg/l
Fecal
53,000 cfu per 100 ml
Dissolved
Oxygen
4.29 mg/1
Page 3 of 10

F. A Notice of Violation, NOV-2018-DV-0198, was issued to Perdue Agri Business
LLC on August 10, 2018, for violations of NCGS 143-215.1, 15A NCAC 02B
.0211, and NPDES Permit NCS000130 violations.
G. Perdue Agri Business LLC's response letter, dated August 28, 2018, included the
following:
• Perdue acknowledged that a spill occurred at the Rockingham facility on
March 27, 2018.
• Perdue stated that the March 27`' spill occurred when two (2) of the three
(3) Gorman Rupp pumps malfunctioned in the offal area. The remaining
pump could not keep up with the wastewater flow which caused the
wastewater storage tank to overflow. The excess wastewater flowed out of
the offal building and entered a storm water drain in the area.
• Perdue acknowledged that they did not report the March 270' spill to
NCDEQ.
• Perdue stated that the following actions were performed to control and
clean-up the spill:
1.) A drain cover was placed over the storm water drain to stop any
additional wastewater from entering the drain.
2.) A contractor, EHC Environmental, was contacted and two (2)
vacuum trucks were brought to the Rockingham site.
3.) Perdue's maintenance personnel replaced the drive belts to the
two (2) Gorman Rupp pumps and placed them back in operation.
4.) One vacuum truck removed the backed -up water around
the storm water drain. A second vacuum truck was used to clean
the material from the ditch.
5.) A dam was constructed in the drainage ditch to contain the
wastewater that had entered from the storm water culvert.
6.) On March 28, 2018, fresh water was used to flush the culvert
piping.
7.) By the end of the day on March 28, 2018, the vacuum trucks
left, and all the cleanup material was removed from the drainage
ditch.
• Perdue acknowledged there was an event on May 10, 2018, that resulted in
a small amount of material entering a manhole that traveled through to the
culvert to the drainage ditch.
• Perdue called EHC Environmental for clean-up, which included flushing
the culvert and cleaning up the ditch.
• Perdue admits that a drain at the plant's shipping area was found to be
stopped up which caused water to enter around the base of a stormwater
manhole.
Page 4 of 10

Perdue falsely claimed in their response letter that "no material was in
danger of leaving the Perdue property".
H. Perdue Agri Business LLC., is not allowed as a condition of any permit, special
order or other appropriate instrument issued or entered into by the Commission
under the provisions of this Article to violate water quality standards applicable to
an assigned classification or to violate any effluent standard or limitation
established for any point source.
I. Falling Creek (Hinson Lake, Great Falls Pond), Stream Index 13-39-12-(10) is a
Class C waters, in the Yadkin Pee -Dee River Basin, and is thus governed under
15A NCAC 02B .0211 Fresh Surface Water Quality Standards for Class C Waters
and North Carolina General Statute (NCGS) 143-215.1(a).
J. North Carolina General Statutes 143=215.1. (a) (1) states:
Activities for Which Permits Required. — Except as provided in subsection (a6) of this
section, 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:
(1) Make any outlets into the waters of the State.
K. North Carolina General Statutes 143-215.1. (a) (11) states:
Activities for Which Permits Required. — Except as provided in subsection (a6) of this
section, 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 pennit:
(11) Cause or permit discharges regulated under G.S. 143-214.7
that result in water pollution.
L. Title 15A North Carolina Administrative Code 02B .0211 (1) states:
Best Usage of Waters: aquatic life propagation and maintenance of biological integrity
(including fishing and fish), wildlife, secondary recreation, agriculture, and any other
usage except for primary recreation or as a source of water supply for drinking, culinary,
or food processing purposes.
M. Title 15A North Carolina Administrative Code 02B .0211 (2) states:
Conditions Related to Best Usage: the waters shall be suitable for aquatic life
propagation and maintenance of biological integrity, wildlife, secondary recreation, and
agriculture. Sources of water pollution that preclude any of these uses on- either a short
term or long-term basis shall be violating a water quality standard.
Page 5 of 10

N. Title 15A North Carolina Administrative Code 02B .0211 (6) states:
Dissolved oxygen: not less than 6.0 mg/l for trout waters; for non -trout waters, not less
than a daily average of 5.0 mg/1 with a minimum instantaneous value of not less than 4.0
mg/l.
O. Title 15A North Carolina Administrative Code 02B .0211 (7) states:
Fecal coliform: shall not exceed a geometric mean of 200/100ml (MF count) based upon
at least five consecutive samples examined during 'any 30-day period, nor exceed .
400/100ml in more than 20 percent of the samples. examined during such period.
P. Title 15A North Carolina Administrative Code 02B .0211 (12) states:
Oils, deleterious substances, colored, or other wastes: only such amounts as shall not
render the waters injurious to public health, secondary recreation, or to aquatic life and
wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters
for any designated uses.
Q. Permit No. NCS000130 contains the following relevant permit conditions:
NPDES Permit NCS000130 Part III. Section A.3. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge
in violation of this permit with a reasonable likelihood of adversely affecting
human health or the environment [40 CFR 122.41(d)].
NPDES Permit NCS000130 Part II1. Section C.1. Proper Operation and
Maintenance
The permittee shall at all times properly operate and maintain all facilities and
systems of treatment and control (arid related appurtenances) which are installed
or used by the permittee to achieve compliance with the conditions of this permit.
Proper operation and maintenance also includes adequate laboratory controls
and appropriate quality assurance procedures. This provision requires the
operation of back-up or auxiliary facilities or similar systems which are
installed by a permittee only when the operation is necessary to achieve
compliance with the conditions of this permit [40 CFR 122.41 (e)].
NPDES Permit NCS000130 Part II1. Section E.7. Spills
The permittee shall report to the local DEMLR Regional Office, within 24 hours,
all significant spills as defined in Part IV of this permit: Additionally, the
permittee shall report spills including: any oil spill of 25 gallons of more, any
spill regardless of amount that causes a sheen on surface waters, any oil spill -
Page 6 of 10

regardless of amount occurring within 100 feet of surface waters, and any oil spill
less than 25 gallons that cannot be cleaned up within 24 hours.
NPDES Permit NCS000130 Part III. Section E. 9.a. Twenty -Four Hour Reporting
The permittee shall report to the central office or the appropriate regional office
any noncompliance which may endanger health or the environment. Any
information shall be provided orally within 24 hours from the time the
permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the permittee becomes aware of the
circumstances.
The written submission shall contain a description of the noncompliance, and its
cause; the period of noncompliance, including exact dates and times, and if the
noncompliance has not been corrected, the anticipated time compliance is
expected to continue; and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance [40 CFR 122.41(l)(6)].
R. The cost to the State of the enforcement procedures in this matter totaled
$3,354.34
Based upon the above Finding of Fact, I make the following:
II. CONCLUSION OF LAW
A. Perdue Agri Business LLC is a `person' within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212 (4).
B. Falling Creek located at the site constitutes waters of the State within the meaning
of G.S. 143-212 (6).
C. Perdue Agri Business LLC was issued Permit No. NCS000130 for the discharge of
stonnwater from industrial activity in accordance with G. S. 143-215.1 (a) (11) and
G.S. 143-214.7 that results in water pollution.
D. On March 27, 2018, and May 10, 2018, Perdue Agri Business LLC violated North
Carolina General Statute (NCGS) 143-215.1 (a) (1) by making an outlet into
waters of the State without receiving a permit to discharge wastewater from the
Commission.
E. On March 27, March 28, and May 10, 2018, Perdue Agri Business LLC violated
North Carolina General Statue 143-215.1 (a)(l 1) by causing or permitting
discharges regulated under G.S. 143-214.1 that result in water pollution.
Page 7 of 10

F. On March 27, 2018,, March 28, 2018, and May 10, 2018, Perdue Agri Business
LLC violated Title 15A North Carolina Administrative Code 02B .0211 (1) and
(2) by causing the waters to be unsuitable for aquatic life propagation and
maintenance of biological integrity, wildlife, secondary recreation, and
agriculture.
G. On March 27, 2018, March 28, 2018, and May 10, 2018, Perdue Agri Business
LLC violated Title 15A North Carolina Administrative Code 02B .0211 (6) by
causing dissolved oxygen to measure less than a daily average of 5.0 mg/l.
H. On March 27, 2018, March 28, 2018, and May 10, 2018, Perdue Agri Business
LLC violated Title 15A North Carolina Administrative Code 02B .0211 (7) by
causing fecal coliform to exceed a geometric mean of 200/100m1 (MF count).
On March 27, 2018, March 28, 2018, and May 10, 2018, Perdue Agri Business
LLC violated Title 15A North Carolina Administrative Code 02B .0211 (12) by
causing oils, deleterious substances, colored, or other wastes in such amounts to
impair the waters for any designated uses.
On March 27, 2018, and May 10, 2018, Perdue Agri Business LLC violated
NPDES Permit NCS000310, Part III, Section A.3. by failing to take all reasonable
steps to minimize or prevent any discharge which had the likelihood of adversely
affective human health or the environment.
K. On March 27, 2018, and May 10, 2018, Perdue Agri Business LLC violated
NPDES Permit NCS000310, Part III, Section C.1. by failing to at all times
properly operate and maintain all facilities and systems of properly operate and
maintain all facilities and systems of treatment and control (and related
appurtenances) which are installed or used by the permittee to achieve compliance
with the conditions of this permit.
L. On March 27, 2018, and May 10, 2018, Perdue Agri Business LLC violated
NPDES Permit NCS000310, Part III, Section E.T, by failing to report to the local
the local DEMLR Regional Office, within 24 hours, all significant spills as
defined in Part 1V of the permit.
M. On March 27, 2018, and May 10, 2018, Perdue Agri Business LLC violated
NPDES Permit NCS000310, Part III, Section E.9.a., by failing to report to the
central office orally within 24 hours and within 5 days by writing of the time the
permittee became aware of any noncompliance which may endanger health or the
environment.
N. Perdue Agri Business LLC may be assessed civil penalties in this matter pursuant
to G.S. 143-215.6A (a)(1), which provides that a civil penalty of not more than
twenty-fivethousanddollars ($25,000) per violation per day may be assessed
against a person who violates any classification, standard, limitation, or
Page 8 of 10

• M '
management practice established pursuant to G.S. 143-214.1, 143-214.2, or 143-
215.
O. Perdue Agri Business LLC may be assessed civil penalties'iri tliis matter pursuant
to G.S. 143-216.6A (a)(2).
P. The State's enforcement cost in this matter may be assessed against Perdue Agri
Business LLC pursuant to G.S. 143-215.3 (a)(9) and G.S. 143B-282.1(b)(8).
Q. Jeff Poupart of the Division of Water Resources, pursuant to delegation provided
by the Secretary of the Department of Environmental Quality'a'n4t.he Director of
the Division of Water Resources, has the authority to assess civil penalties in this
matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION
Accordingly, Perdue Agri Business LLC is hereby assessed a civil penalty of-
019
for 2 of 2 violations of NCGS 143-215.1 (a)(l) by �n'aking an outlet
by discharging wastewater into waters of the`State,without a
permit.
000
3 of 3 violations of Title 15A North Carolina Administrative Code
02B .0211 (1) and (2) by causing the waters to be unsuitable for
aquatic life propagation and maintenance-bf biological integrity,
wildlife, secondary recreation, and agriculture.
$ �1
3 of 3 violations of Title 15A North Carolina Administrative Code
02B .0211 (6) by causing dissolved oxygen to measure less than a
daily average of 5.0 mg/l.
$
3 of 3 violations of Title 15A North Carolina Administrative Code
02B .0211 (7) by causing fecal coliform to exceed a geometric
mean of 200/100m1 (MF count).
$
3 of 3 violations of Title 15A North Carolina Administrative Code
02B .0211 (12) by causing oils, deleterious substances, colored, or
other wastes in such amounts to impair the waters for any
designated uses.
$
2 of 2 violations of NPDES Permit No. NCS000130, Part II1,
Section A.3. for failure to take all reasonable steps to minimize or
Page 9 of 10

prevent any discharge which had the likelihood of adversely
affecting human health or the environment.
$ D 000 2 of 2 violations of NPDES Permit No. NCS000130, Part III,
Section C.1. for failure to at all times properly operate and maintain
all facilities and systems of treatment and control (and related
appurtenances) which are installed or used by the permittee to
achieve compliance with the conditions of the permit.
00 2 of 2 violations of NPDES Permit No. NCS000130, Part III,
Section E.7. for failure of the permittee to report a significant spill
within 24 hours to the local DEMLR Regional Office.
$ 000 2 of 2 violations of NPDES Permit No. NCS000130, Part III,
Section E.9.a. for failure of the permittee to report any
noncompliance which may endanger health or the environment
orally within 24 hours and within 5 days by writing of the time the
permittee became aware of the circumstances to the central office
or the appropriate regional office.
$ TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A
S $3,354.34 Enforcement Cost
TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in detennining the amount of penalty, I considered the
factors set out in G.S. 14313-282.1(b), which are: 1
(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 violations;
(2) The duration and gravity of the violations;
(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 violations were committed willfully or intentionally; t,
(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
(8) The cost to the State of the enforcement procedures
Date eff Poupart
Division of Water Resources
Page I0 of 10

DIVISION OF WATER RESOURCES- CIVIL PENALTY ASSESSMENT
Violator: Perdue Agri Business LLC County: Richmond
Case Number: DV-2018-0073
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;
The Perdue Chicken Processing Plant -Rockingham Facility discharges to Falling
Creek (Hinson Lake, Great Falls Pond), a Class C waters in the Yadkin -Pee Dee
River Basin. Sampling performed on March 27, March 28, and May 10, 2018,
verified that there were water quality standards violations for Dissolved Oxygen and
Fecal Coliform in Falling Creek. Sampling also indicated quantitative increases for
ammonia, TSS, and BOD over background`' levels. Deleterious wastes entered the
stream as well.
2) The duration and gravity of the violation; -
In terms of gravity, the spill contained deleterious substances such as chicken skin, feathers, and blood
which posed a significant health and environmental hazard. Also, an offal truck was directly
emptying into the storm drain that discharged directly into the stream. Perdue management did not
react seriously enough and were unavailable to talk to DWR at the time of the spill. Additionally, the
pump malfunctions and the resultant spill were not reported to DWR. In terms of duration, the effect
from this spill was at least two months from end of March until the beginning of May 2018 as shown
by sampling.
3) The effect on ground or surface water quantity or quality or air quality;
Sampling performed on March 27, March 28, and May 10, 2018, verified that there were water quality
standards violations for Dissolved Oxygen and Fecal Coliform in Falling Creek. Low dissolved
oxygen and high fecal coliform levels in the water make the waters unsuitable for aquatic life
propagation and are an indicator of poor water quality.
4) • The cost of rectifying the damage;
Inadequate data exists to determine the exact amount of costs to rectify the damage.
This would be the cost to replace two wastewater pumps and stream clean-up.
5) The amount of money saved by noncompliance;
Inadequate data exists to determine the exact amount saved by noncompliance. The amount of money
saved would have been the amount saved by not replacing the equipment prior to failure, the costs of
not treating the wastewater, and costs of the clean-up.
6) Whether the violation was committed willfully or intentionally;
For purposes of this assessment, the violations do not rise to the level of willful or intentional.
However, several facts point to severe negligence by Perdue. The fact that the offal truck was
discovered to be emptying directly into the drain during the site visit, shows that the contractor was
either not properly trained, or not properly supervised. Perdue has a duty to ensure the wastes are
disposed of properly. The facility manager going to lunch while the regional office staff were there
on -site and had just witnessed the event while it was occurring is unacceptable. It raises a question as
to whether this was a regular disposal process at this facility, and if was known by management to be

occurring at this facility. The failure to report the violation also raises the level of seriousness of this
violation.
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
From January 1, 2015, to December 31, 2018, there have been 21 exceedances of the benchmark value
(1,000 col/100mL) for Fecal Coliform.
8) The cost to the State of the enforcement procedures.
$3,354.34
❑The assessment factors listed above were considered. However, since this case pertains to the
non -submittal of required information, impacts are unknown.
O
Date Jeff Poupart
Water Quality Permitting Section Chief
Division of Water Resources
Department of Environmental Quality