820104_CPA Factors_20210622

rev 1.0 - 8.31.09
DIVISION OF WATER RESOURCES
CIVIL PENALTY ASSESSMENT FACTORS

Violator: G. W. Carter Case Number: PC-2020-0031
County: Sampson Permit Number: AWS820104

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;
Animal waste has the potential to deplete dissolved oxygen in the affected water body to a point which is
harmful to aquatic life. In reference to the cited violations, no discharge of waste from the waste collection
and treatment system could be documented.

2) The duration and gravity of the violation;
There are images going back to October 2012 that show patterns inconsistent with the reels on photographs
on Google Earth showing the irrigation equipment was broken and could not operate as designed.

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. No discharge of the waste collection
and treatment system could be found.

4) The cost of rectifying the damage;
This factor cannot be determined because no data exists to establish the presence or extent of damages.

5) The amount of money saved by noncompliance;
Two of the older reels needed to be replaced at @ $25,000.00 each and the other one would be @
$5,000.00 repair. The money saved on annual upkeep and repairs for the three reels at @$1000.00-year
times 8 years would be @$8,000.00. You could estimate between $60,000.00 to $75,000 over the eight-year
period. During the follow-up inspection Mr. Carter did say he purchased a used reel.

6) Whether the violation was committed willfully or intentionally;
Mr. Carter stated he committed these violations willfully and intentionally for a long time but was not
specific. Based on Google Earth images this could have gone on for eight years.

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
Mr. Carter has no prior violation documented

8) Cost to the State for the enforcement procedures:
$354.98

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Date Jeff Poupart
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