090068_PC-2020-0050 F&D_20210625

DocuSign Envelope ID: 940D9280-E1 F8-4864-13D913-30D841 D37E41D
STATE OF NORTH CAROLINA
COUNTY OF BLADEN
IN THE MATTER OF
SALLY T. GOODEN
FOR VIOLATIONS OF SWINE WASTE
MANAGEMENT SYSTEM
GENERAL PERMIT AWG100000
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
FILE NO. PC-2020-0050
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
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:
L FINDINGS OF FACT:
A. Sally T. Gooden owned and operated White Bay Nursey Farm, a swine operation located
along 219 Lexie Gooden Trl Elizabethtown, NC. Bladen County.
B. Sally T. Gooden was issued Certificate of Coverage AWS090068 under North Carolina
Swine Waste Management System General Permit AWG100000 for White Bay Nursey
Farm on October 1, 2014 effective upon the date of issuance, with an expiration date of
September 30, 2019.
C. Condition II.1. of General Permit AWG100000 states, "the collection, treatment, and
storage facilities, and the land application equipment and fields shall be properly operated
and maintained at all times." — [15A NCAC 02T .1304(b)]
D. On July 8, 2020 during routine compliance inspection, it was documented that there was a
reel irrigation system that was broken and could not function. It appeared from the height
of the grass and small saplings around this reel that this reel has not functioned as designed
for some period of time. In addition, it appeared that waste was flowing from underground
into the farm path when the system was pressurized. The failure to maintain the irrigation
system caused the discharge of waste into the farm path and adjacent ditch.
E. Condition IL2. of General Permit AWG100000 states, "A vegetative cover shall be
maintained as specified in the facility's CAWMP on all land application fields and buffers
in accordance with the CAWMP. No waste shall be applied upon areas not included in the
CAWMP or upon areas where the crop is insufficient for nutrient utilization. However, if
the CAWMP allows, then waste may be applied up to thirty (30) days prior to planting or
breaking dormancy." — [15A NCAC 02T .1304(b)]

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F. On July 8, 2020 during routine compliance inspection, it was documented that there was a
crop that was not specified in the facilities CAWMP. It was also documented that there
was not a sufficient stand of Bermuda or fescue as specified in the CWAMP. DWR staff
also documented that the overseed had not been harvested.
G. Condition IL5. of General Permit AWG 100000 states that "In no case shall land application
result in excessive ponding or any runoff during any given application event." — [15A
NCAC 02T .1304(b)]
H. On July 8, 2020, DWR staff documented evidence of ponding waste in the field next to the
lagoon. Waste was ponded in several locations in front of the gun cart at hydrant IA from
a spray event on July 7, 2020. Waste has flowed from the field to a ditch adjacent to the
spray field.
Condition IL17. of the General Permit AWG 100000 states that "The OIC, a designated
Back-up OIC of a Type A Animal Waste Management System, 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 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, land application area
used, and name of the operator for each inspection. If neither the OIC or designated Back-
up OIC was present during land application, then the OIC or designated Back-up OIC shall
inspect the land application area within twenty-four (24) hours.
Inspection shall include but not be limited to visual observation of application equipment,
land application area, subsurface drain outlets, ditches, and drainage ways for any
discharge of waste. — [15A NCAC 8F .0203(b) and 15A NCAC 02T .0108(c)]
J. On July 8, 2020, DWR staff was able to document the above sited violations with very
little effort. Thus, whoever operated the waste application equipment should have seen the
ponded waste if they had conducted the 120 minutes inspection as specified in the permit.
K. Condition IL28. of the General Permit AWG 100000 states that "Crops for which animal
waste is land applied must be harvested, removed from the land application site, and
properly managed and utilized unless other management practices are approved in the
CAWMP. Hay harvested from land application fields shall be removed within twenty-four
(24) months of cutting unless other management practices are approved in the CAWMP."
— [15A NCAC 02T .0108(b) and .1304(b)]
L. On July 8, 2020, DWR staff was able to document that the over seeded crop was allowed
to mature and produce grain in addition it had not been harvested.
M. Condition IIL 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: (a) Failure of any component of the animal waste management system
resulting in a discharge to ditches, surface waters, or wetlands. (g) An application of waste
either in excess of the limits set out in the CAWMP or where runoff enters ditches, surface
waters, or wetlands. — [15A NCAC 02T .0108(c)]
N. DWR staff were not notified by the permittee about the animal waste discharge and
ponding as required by the permit.

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O. On August 20, 2020, the Division issued a Notice of Violation (NOV/NOI) with intent to
enforce through the civil penalty assessment process to Sally T. Goodell identifying
violations of N.C.G.S. 143-215.1 and General Permit AWG100000.
P. The NOV/NOI was sent by certified mail, return receipt requested and received on August
24, 2020.
Q. The cost to the State for the enforcement procedures in this matter totaled $1,355.00.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Sally T. Goodell 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. Failure to maintain the irrigation system as cited in I.D. above is a violation of Condition
IL 1. of the General Permit AWG100000.
D. Failure to properly maintain crops according to CAWMP as cited in I.F. above is a violation
of Condition IL2. of the General Permit AWG100000.
E. Failure to prevent excessive ponding and runoff of waste during application events as cited
in I.H. above is a violation of Condition IL5. of the General Permit AWG100000.
F. Failure of the OIC to properly inspect the land application equipment and application areas
as stated in Findings of Fact LJ violates Condition IL17 of the General Permit
AWG100000.
G. Failing to remove harvest crop from the spray fields as cited in I.L. above is a violation of
Condition IL28. of the General Permit AWG100000.
H. Failure to notify the DWR Regional Office of the waste discharge and ponding as cited in
I.N. above is a violation of Condition IIL17.a. & g. of the General Permit AWG100000.
Sally T. Goodell 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.
J. The State's enforcement costs in this matter may be assessed against Sally T. Goodell
pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
K. 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, Sally T. Gooden, owner of White Bay Nursey Farm at the time of the noncompliance
is hereby assessed a civil penalty of-
$1,000.00 For violation of Condition IL1 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.
$1,000.00 For violating Condition IL2 of the General Permit AWG100000 for
failure to maintain receiving crop.
$1,000.00 For violation of Condition IL5 of the General Permit AWG100000 for
failure to prevent excessive ponding and runoff of waste during
application events.
$1,000.00 For violation of Condition IL17 of the General Permit AWG100000 for
failure of the OIC to inspect the waste application equipment and waste
application sites.
$1,000.00 For violation of Condition IL 28 of the General Permit AWG100000 for
failing to harvest & remove crop from the spray fields irrigated with swine
waste.
$0.00 For violating Condition IIL 17.a. & g. of the General Permit AWG100000,
for failure to report by telephone to the appropriate Division Regional
Office about waste discharge and ponding.
$5,000.00 TOTAL CIVIL PENALTY
$1,355.00 Enforcement costs
$6,355.00 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.

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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 Sally T. Gooden
in accordance with N.C.G.S. 143-215.6(A)(d).
DocuSigned by:
8F6196649DD2478...
(Date) Jeff Poupart, Chief
Water Quality Permitting Section
Division of Water Resources