800016_Remission (Decision)_20210309

DocuSign Envelope ID: 3A4DB925-5EDE-420D-B383-004FA22F731 C
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2020-0050 Region: Mooresville County: Rowan
Assessed Entity: Jeffery McNeely Permit: AWC800016
n (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
® (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States: Went to the bottom of the hill and scraped any solids that were present. The
nutrient levels are very low in the lagoon. From our observation waste did not leave the property nor
cause any problems with the environment or wildlife.
DWR Response: Waste entered surface waters.
® (c) Whether the violation was inadvertent or a result of an accident:
Permittee States: This violation happened due to an unforeseen thunderstorm that occurred over a
weekend, as we were in the process of closing. The unexpected downpours brought in an inch and
half of rain in less than an hour. G&MMilling do not farm this land, nor do we live near it and were
unaware of the event. There has not been an active dairy on the property in over six years, and
managed the lagoon for over ten years with no issues. G&MMilling spent approximately $40,000 to
close this lagoon.
DWR Response: During lagoon closure, the structure was breached. Wastewater and waste solids
were discharged from the breached structure and entered surface waters. Permittee failed to
properly notify Regional Office. Regional Office learned of this violation via Soil & Water.
® (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States: Never been assessed civil penalty nor had a previous violation.
DWR Response: DWR records indicate that violator had not been assessed civil penalties for any
previous violations.
n (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
DECISION (Check One)
Request Denied
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Original Penalty (without Enforcement Costs) $ (enter amount)
Partial Remission ❑ % or $ (amount remitted)
Subtotal
Retaining Enforcement Costs
Total Revised Assessment
$5000.00
$126.93
$5126.93
(--DocuSigned by:
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3/9/2021
Jeff Poupart Date