090086_CPA DV-2020-0108_20210622

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY

COUNTY OF BLADEN

FILE NO. DV-2020-0108
IN THE MATTER OF )
)
MURPHY-BROWN, LLC )

) FINDINGS AND DECISION
FOR VIOLATIONS OF SWINE WASTE ) AND ASSESSMENT OF
MANAGEMENT SYSTEM ) CIVIL PENALTIES
GENERAL PERMIT AWG100000 )
PURSUANT TO NORTH CAROLINA )
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, I, Jeff Poupart, Chief of the Water Quality
Permitting Section of the Division of Water Resources (DWR), make the following:

I. FINDINGS OF FACT:

A. Murphy-Brown, LLC owned and operated Farm 2602-1, a swine operation located along
805 NC Hwy 210 W Ingold, NC. Bladen County.

B. Murphy-Brown, LLC was issued Certificate of Coverage AWS090086 under North
Carolina Swine Waste Management System General Permit AWG100000 for Farm 2602-
1 on October 1, 2019 effective from the date of issuance, with an expiration date of
September 30, 2024.

C. G.S. 143-215.1(a) states that “no person shall do the following things or carry out any of
the following activities unless the person has received a per mit from the Commission and
has complied with all the conditions set forth in the permit: made any outlets into the waters
of the State.”

D. Condition I.1. of the General Permit AWG100000 states that “Any discharge of waste that
reaches surface waters or wetlands is prohibited except as otherwise provided 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.”

E. On August 20, 2020, the Fayetteville Water Quality Regional office staff received a phone
call from Mr. Michael Norris stating that a recycle line had broken and wast ewater had
flowed into a containment area. At some point the wastewater flowed out and into a ditch
that leads off the farm property. Smithfield Land Nutrient Management (LNM) staff
pumped the waste from the containment area back to the lagoon, and staff cleaned out the
ditch close to the containment but did not think the waste had left the farm site. Smithfield
DocuSign Envelope ID: A992344D-F8B7-456E-91D8-8ED9D4940C3A
was notified by a neighbor of the farm around 2:00pm that waste was in a ditch on his
property. Containment and recovery began as soon as possible after this notification.
Wastewater was discovered by farm personnel passed the ditch containment and into an
unnamed tributary to Smith Mill Pond Run that leads to South River.

F. On August 21, 2020, DWR staff documented that LNM staff had worked on recovery
during the night and were still working on the recovery the next morning. DWR staff
documented with photographs that there was no visible waste in the unnamed tributary a
few hundred yards past the recovery contaminant area. The recycle pipe that split was being
replaced the morning of August 21, 2020, and an estimated discharge volume was
calculated to be between 10,000 to 15,000 gallons of waste discharged off the farm
property.

G. On August 28, 2020, DWR staff documented that the pipe repair was completed and the
recovery of waste in the ditch was completed. In addition, the containment area was cleared
of vegetation, sediment removed and placed around the containment to repair the area that
discharged the waste. A road was constructed along the edge of the ditch in the pine
plantation to allow LNM staff to easily check the ditch in the future.

H. Condition II.17 of the AWG100000 General Permit states, the Operator in Charge (OIC)
or a person under the supervision of an OIC to inspect the land application as often as
necessary to ensure that the animal waste is land applied in accordance with the CAWMP.
In no case, shall the time between inspections be more than 120 minutes during the
application of waste. A record of each inspection shall be recorded on forms supplied by,
or approved by, the Division and shall include the date, time, spray field number and name
of the operator for each inspection. Inspection shall include but not be limited to visual
observation of application equipment, spray fields, subsurface drain outlets, ditches, and
drainage ways for any discharge of waste.

I. On August 20, 2020 LNM staff responded to a call from this farms manager that they had
a broken recycle line that discharged waste to a secondary containment area. LNM staff
responded and began recovery of the waste back to the lagoon. The LNM staff observed
that waste had bypassed the containment area and entered a ditch. At two different times
the LNM staff investigated the ditch next to the containment area and failed to see that it
had conveyed waste off of the farm property. It was not until later in the day that LNM
staff was notified that waste was in a ditch on the neighbor' s property.

J. Murphy-Brown, LLC did not notify DWR the above described discharge of animal waste.

K. On September 2, 2020 the Division issued a Notice of Violation (NOV/NOI) with intent to
enforce through the civil penalty assessment process to Murphy-Brown, LLC identifying
violations of N.C.G.S. 143-215.1 and Permit No. AWG100000 the violations include the
unlawful discharge of wastes to waters of the State.

L. The NOV was sent by certified mail, return receipt requested and received on September
8, 2020.

M. The cost to the State of the enforcement procedures in this matter totaled $589.86.

DocuSign Envelope ID: A992344D-F8B7-456E-91D8-8ED9D4940C3A
Based upon the above Findings of Fact, I make the following:

II. CONCLUSIONS OF LAW:

A. Murphy-Brown, LLC is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).

B. A permit for an animal waste management system is required by N.C.G.S. 143-215.1.

C. Unnamed tributary to Smith Mill Pond Run that leads to South River constitutes waters of
the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).

D. The conditions described in Findings of Fact I.E. constituted making an outlet to waters of
the State for purposes of G.S. 143-215.1(a)(1), for which Farm 2602-1 did not have a
permit as required by G.S. 143-215.1.

E. The conditions described in Findings of Fact I.G. violated Condition No. II.17. of the
General Permit AWG100000 by failure of the Operator in Charge (OIC) or a person under
the supervision of an OIC to inspect the land application as often as necessary to ensure
that the animal waste is land applied in accordance with the CAWMP.

F. Murphy-Brown, LLC 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 apply for or to secure a permit required by G.S. 143-215.1.

G. The State's enforcement costs in this matter may be assessed against Murphy-Brown, LLC
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).

H. The Chief of the Water Quality Permitting 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 Fact and Conclusions of Law, I make the following:

III. DECISION:
Accordingly, Murphy-Brown, LLC, owner of Farm 2602-1 at the time of the noncompliance is
hereby assessed a civil penalty of:

$4000.00 ___ For making an outlet to the waters of the State without a permit as required
by G.S. 143-215.1 and in violation of Condition I.1. of the General Permit
AWG100000.

$1000.00 __ For violation of Condition II.17. of the General Permit AWG100000 for
failure of the Operator in Charge (OIC) or a person under the supervision
of an OIC to inspect the land application as often as necessary to ensure
that the animal waste is land applied in accordance with the CAWMP.

$5000.00 __ TOTAL CIVIL PENALTY

DocuSign Envelope ID: A992344D-F8B7-456E-91D8-8ED9D4940C3A
$589.86____ Enforcement costs

$5,589.86 __ TOTAL AMOUNT DUE

Pursuant to 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 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 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 Murphy-Brown,
LLC in accordance with N.C.G.S. 143-215.6(A)(d).

_________________ _______________________________
(Date) Jeff Poupart, Chief
Water Quality Permitting Section
Division of Water Resources
DocuSign Envelope ID: A992344D-F8B7-456E-91D8-8ED9D4940C3A
6/24/2021