HomeMy WebLinkAbout540062_CPA Factors_20210625rev 1.0 - 8.31.09
DIVISION OF WATER RESOURCES
CIVIL PENALTY ASSESSMENT FACTORS
Violator: Rodney D. Smith Case Number: PC-2020-0046
County: Lenoir Permit Number: AWS540062
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;
In reference to the cited violations, no harm to the natural resources of the State was observed, to the public
health, or to private property was documented.
2) The duration and gravity of the violation;
The sludge level has been non-compliant since 2012.
3) The effect on ground or surface water quantity or quality or on air quality;
No evidence of ground or surface water effect could be determined.
4) The cost of rectifying the damage;
The cost to rectify damage would be to remove sludge from lagoon. The average cost to remove sludge is
approximately 1-2 cents/gallon.
5) The amount of money saved by noncompliance;
The removal of sludge would cost around 1-2 cents per gallon.
6) Whether the violation was committed willfully or intentionally;
The facility has been in operation since 1987 and received Notices for similar cases and is aware of the
rules and regulations. The violation is considered willful and intentional.
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
The facility received:
Notice of Violation (NOV) in 2009 for ponding on the sprayfields.
In 2010 the facility received an NOV for failure to notify for high freeboard and a failed wheat
crop. (The facility was under different ownership in 2009 and 2010.)
In 2016 the facility received a Notice of Intent (NOI) for a non-compliant sludge level and ponding
and runoff.
In 2017 the facility received an NOI for a non-compliant sludge level.
In 2018 the facility received an NOI for a non-compliant sludge level, no current waste plan, and
failure to provide sludge clean out records for lagoon #2.
In 2020 the facility received a NOI for a non-compliant sludge level, no cleanout records, and
failure to update waste plan. And in 2020 the facility received a NOI for a non-compliant sludge
level.
8) Cost to the State for the enforcement procedures:
$155.15
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Date Jeff Poupart
DocuSign Envelope ID: D1F80853-5610-4162-A3D7-C16FE55544A5