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Home My WebLink About820104_PC-2020-0031 F&D_20210622STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF SAMPSON FILE NO. PC-2020-0031 IN THE MATTER OF ) G. W. CARTER ) ) ) 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. G. W. Carter owned and operated Lula Carter Farm, a swine operation located along 3118 Ozzie Road, Clinton, NC in Sampson County. B. G. W. Carter was issued Certificate of Coverage AWS820104 under North Carolina Swine Waste Management System General Permit AWG100000 for Lula Carter Farm on October 1, 2019 with an expiration date of September 30, 2024. C. Condition II.1. of General Permit AWG100000 states that “the collection, treatment, and storage units and the land application equipment and fields shall be properly operated and maintained at all times.” D. On December 23, 2019 DWR Staff conducted the routine compliance inspection for Permit No. AWS820104 with Michael A. Carter the OIC. DWR staff documented that the waste application equipment had flat tires, broken gear box, and no drive chain from the turban drive sprocket to the drum sprocket. The waste application equipment has not been moved as the IRR 2 forms document. The gun cart was not pulled out as designed based on historical photographs on Google Earth which the movement of gun cart would have created patterns on the ground. The Bermuda stand was very weak at best to nonexistence, in all the spray fields. E. Condition II.17. of General Permit AWG100000 states in part that “In accordance with 15A NCAC 8F .0203(c)(2), the OIC or a designated back-up OIC of a Type B Animal Waste Management System shall inspect, or a person under the supervision of an OIC or designated back-up OIC shall inspect, the land application site as often as necessary to insure 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 DocuSign Envelope ID: 0DDC6BB3-A36C-4F45-8956-3EE6491BB0B3 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.” F. On December 23, 2019, it was documented that the waste application equipment was not operated as designed in the WUP. Mr. Carter technically did inspect the field and equipment every thirty (30) minutes or so when he had to move the gun cart manually because he knew it was broken and did not operate as designed. Mr. Carter, the OIC of this farm stated he willfully operated (applied waste) the irrigation system knowing it was broken and could not operate as designed. G. Condition No. II.26. of General Permit AWG100000 states that “All waste application equipment must be tested and calibrated at least once every two calendar years. The results must be documented on form provide by, or approved by, the Division.” H. DWR staff obtained documents that Mr. Carter had tested and calibrated his waste application equipment. Based on photographs taken during the inspection and Google Earth images for the past few years, it could be concluded that any attempt to calibrate this equipment could not provide accurate gallons per minute or wetted diameter. This is because the gun cart was pulled completely out and the gear box was broken and no chain on the reel, it would be difficult to impossible to be moved and thus accurate calibration is not possible. I. Condition III.6. of General Permit AWG100000 states that “The Permittee shall record all irrigation and land application event(s) including hydraulic loading rates, nutrient loading rates and cropping information. The Permittee shall also record removal of solids and document nutrient loading rates if disposed of on-site, or record the off-site location(s). These records must be on forms supplied by, or approved by, the Division.” J. Because the gun cart was pulled completely out and the gear box was broken and no chain on the reel, it would be difficult to impossible to be moved. IRR 2 documented that waste was applied on most of the hydrants which would be impossible because the reel could not be moved. Mr. Carter has other reels that are equally nonfunctional, they are used between this farm and his other farm Michael A. Carter Farm 82-116. K. Condition III.17. of General Permit AWG100000 states that “The Permittee shall report by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of the occurrence of any of the following events: (b) Any failure of the waste treatment and disposal system that renders the facility incapable of adequately receiving, treating, or storing the waste and/or sludge. L. On December 23, 2019, DWR documented that all the waste application equipment was inoperable and could not be used as designed for a few years. DWR did not received any notification regarding failure of waste disposal system. M. On April 14, 2020 the Division issued a Notice of Violation (NOV/NOI) with intent to enforce through the civil penalty assessment process to G.W. Carter identifying violations of N.C.G.S. 143-215.1 and Permit No. AWG100000. DocuSign Envelope ID: 0DDC6BB3-A36C-4F45-8956-3EE6491BB0B3 N. The NOV was sent by certified mail, return receipt requested and received on April 29, 2020. O. The cost to the State of the enforcement procedures in this matter totaled $354.98 Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. G. W. Carter 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. The conditions described in Findings of Fact I.D. that the waste application equipment had flat tires, broken gear box, and no drive chain from the turban drive sprocket to the drum sprocket and the gun cart was not pulled out as specified in the irrigation design violated Condition II.1. of General Permit AWG100000. D. The conditions described in Findings of Fact I.F. that the Operator in Charge (OIC) or a person under the supervision of an OIC failed to inspect the land application as often as necessary to ensure that the animal waste is land applied in accordance with the CAWMP violated Condition II.17. of the General Permit AWG100000. E. The conditions described in Findings of Fact I. H violates Condition II.26 of the General Permit AWG100000 by failing to accurately calibrate irrigation equipment and provide calibration records to DWR. F. The conditions described in Findings of Fact I.J. that failure to operate and record spray events accurately violated Condition III.6. of the General Permit AWG100000. G. The conditions described in Findings of Fact I.L. that failure to provide notification to the Regional Office violated Condition III.17.b. of the General Permit AWG100000. H. G. W. Carter 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. I. The State's enforcement costs in this matter may be assessed against G. W. Carter pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). J. 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. DocuSign Envelope ID: 0DDC6BB3-A36C-4F45-8956-3EE6491BB0B3 Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, G. W. Carter, owner of Lula Carter Farm at the time of the noncompliance is hereby assessed a civil penalty of: $5000.00____ For violation of Condition II.1. of the General Permit AWG100000 for failure to properly operate and maintain the collection, treatment, and storage facilities, and the land application equipment and fields always. $1500.00____ 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. $1000.00____ For violation of Condition II. 26. of the General Permit AWG100000 for failing to test and calibrate all waste application equipment. $1000.00____ For violation of Condition III.6. of the General Permit AWG100000 for failure to accurately record all irrigation and land application events including spray events, hydraulic loading rates, nutrient loading rates and cropping information. $500.00_____ For violation of Condition III.17.b of the General Permit AWG100000 for failure to report by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of the occurrence of the following: b. Any failure of the waste treatment and disposal system that renders the facility incapable of adequately receiving, treating, or storing the waste and /or sludge. $9000.00___ TOTAL CIVIL PENALTY $354.98____ Enforcement costs $9354.98___ 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. DocuSign Envelope ID: 0DDC6BB3-A36C-4F45-8956-3EE6491BB0B3 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 G. W. Carter 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: 0DDC6BB3-A36C-4F45-8956-3EE6491BB0B3 6/24/2021