540062_PC-2020-0046 F&D_20210625

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY

COUNTY OF LENOIR

FILE NO. PC-2020-0046

IN THE MATTER OF )
RODNEY D. SMITH )
)
) 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 (DEQ) and the Director of the Division of Water Resources (DWR), I, Jeff Poupart, Chief of the
Water Quality Permitting Section of the Division of Water Resources, make the following:

I. FINDINGS OF FACT:

A. Rodney D. Smith owns and operates South Pork, a swine animal feeding operation in
Lenoir County.

B. Rodney D. Smith was issued Certificate of Coverage AWS540062 under North Carolina
Swine Waste Management System General Permit AWG100000 for South Pork on
October 1, 2019, effective upon issuance, with an expiration date of September 30, 2024.

C. Condition No. III.22. of General Permit AWG100000 states that “If the sludge
accumulation is such that the structure does not satisfy the criteria set by NRCS NC
Conservation Practice Standard NO. 359, a sludge removal or management plan must be
submitted to the appropriate Division Regional Office within ninety (90) days of the
determination. The plan shall describe removal and waste utilization procedures to be used.
Compliance regarding sludge levels must be achieved within two (2) years of the
determination.”

D. On July 17, 2020, staff of the NC Division of Water Resources (DWR), Water Quality
Regional Operations Section (WQROS) conducted a compliance inspection at the facility.
After review of the records the Division determined the facility’s old lagoon (#1), has a
non-compliant sludge level. The old lagoons sludge level has been non-compliant since
2012. The facility has received notice violations in 2016, 2017, 2018, and 2019 for non-
compliant sludge levels. The facility conducted a sludge cleanout in 2018, but cleaned out
the new lagoon (#2), by accident.

E. A Notice of Violation was issued on August 25, 2020 and September 23, 2020 with intent
to enforce through the civil penalty assessment process to Rodney D. Smith identifying
violations of N.C.G.S. 143-215.1 and General Permit AWG100000.

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F. The NOV/NOI was sent by certified mail, return receipt requested and received on August
31, 2020 and October 2, 2020.

G. The cost to the State for the enforcement procedures in this matter totaled $250.00

Based upon the above Findings of Fact, I make the following:

II. CONCLUSIONS OF LAW:

A. Rodney D. Smith 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. A non-compliant sludge level for more than 2 years as cited in I.D. above is a violation of
Condition No. III.22. of General Permit AWG100000.

D. Rodney D. Smith 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.

E. The State's enforcement costs in this matter may be assessed against Rodney D. Smith
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).

F. 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, Rodney D. Smith, owner of South Pork at the time of the noncompliance is hereby
assessed a civil penalty of:

$500.00 For violating Condition No. III.22. of General Permit AWG100000 for a
non-compliant sludge level.

$500.00 TOTAL CIVIL PENALTY

$155.15 Enforcement costs

$655.15 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:

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(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 Rodney D. Smith
in accordance with N.C.G.S. 143-215.6(A)(d).

_________________ _______________________________
(Date) Jeff Poupart, Chief
Water Quality Permitting Section
Division of Water Resources
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