310854_WQ-2020-0001 CPA_20210625

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY

COUNTY OF DUPLIN FILE NO. WQ-2020-0001

IN THE MATTER OF )
JAMES E. BRICE )
)
) 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 (DWR), I, Jeff Poupart, Chief of the Water
Quality Permitting Section of the DWR, make the following:

I. FINDINGS OF FACT:

A. James E. Brice owns and operates Eddie Brice #4, a swine animal feeding operation
located at 342 Fountaintown Road, Beulaville, North Carolina in Duplin County.

B. James E. Brice was issued Certificate of Coverage AWS310854 by DWR, under General
Permit AWG100000 for Eddie Brice #4 on October 1, 2019, effective upon 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 permit 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 January 14, 2020, DWR staff observed the discharge during a site vi sit in response to
a reported discharge. The discharge of wastewater/sludge occurred due to a broken piping
system from the hog houses that moves wastewater to the treatment lagoon. The discharge
entered an adjacent ditch that flowed to an un-named tributary to Stephens Swamp (18-74-
25-2, C; Sw). DWR Staff documented the discharge with photographs and samples. The
farm staff noted that the discharge had been ongoing for at least three weeks.

F. Permit Condition III.17. of the General Permit states “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 the first knowledge of the occurrence of any
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of the following events: (a) Failure of any component of the animal waste
management system resulting in a discharge to ditches, surface waters, or
wetlands.”

G. DWR staff at the Wilmington Regional Office did not receive any notification or report of
the discharge when it occurred.

H. On February 25, 2020, the Division issued a Notice of Violation with intent to enforce
(NOV/NOI) through the civil penalty assessment process to James E. Brice identifying
violations of N.C.G.S. 143-215.1 and Permit No. AWS310854. The violations include the
unlawful discharge of wastes to waters of the State.

I. The NOV/NOI was sent by certified mail, return receipt requested, and received on March
2, 2020.

J. The cost to the State of the enforcement procedures in this matter totaled $1519.01.

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

II. CONCLUSIONS OF LAW:

A. James E. Brice is a "person" within the meaning of N.C.G.S. 143-215.6A pursuant to
N.C.G.S. 143-212(4).

B. Unnamed tributary to Stephens Swamp constitutes waters of the State within the meaning
of G.S. 143-215.1 pursuant to G.S.143-212(6).

C. The conditions described in Findings of Fact I.E. violated Condition I.1. of General Permit
AWG100000 by failing to prevent discharge of waste that reaches surface waters or
wetlands.

D. The conditions described in Findings of Fact I.G. violated Permit Condition III. 17. (a) by
failing to report to the appropriate Regional Office within the required 24 hours following
the failure of the waste treatment and disposal system which resulted in a discharge to
waters of the State.

E. N.C.G.S. 143-215.6A(a)(2) provides that a civil penalty of not more than $25,000.00 may
be assessed against a person who fails to apply for or to secure a permit required by
N.C.G.S. 143-215.1, or who violates or fails to act in accordance with the terms, conditions,
or requirements of a permit required by N.C.G.S. 143-215.1.

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

G. 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.

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

III. DECISION:
Accordingly, James E. Brice, owner of Eddie Brice #4 at the time of noncompliance, is hereby
assessed a civil penalty of:

$7,000.00 ___ For violation of Condition I.1 of General Permit AWG100000 for making
an outlet to the waters of the State without a permit as required by G.S.
143-215.1.

$2,500.00___ For violation of Condition No. III.17(a) General Permit AWG100000 by
failing to notify DWR of failure of animal waste management system
resulting in a discharge to Waters of the State.

$9,500.00__ TOTAL CIVIL PENALTY

$1519.01 ENFORCEMENT COSTS

$11,019.01__ TOTAL AMOUNT DUE

Pursuant to N.C.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 N.C.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; and
(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 James E. Brice, 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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