490006_PC-2021-0037 CPA Factors_20210728

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

Violator: Ben A. Shelton Case Number: PC-2021-0037
County: Iredell Permit Number: AWC490006

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;
Waste ran off the application field and entered unnamed tributary to Dutchman Creek, it was estimated to
be under 1,000 gallons.

2) The duration and gravity of the violation;
Mooresville Regional office was notified by the permittee of the runoff at 8:20 PM that was noticed at 6 PM

3) The effect on ground or surface water quantity or quality or on air quality;
The effect on groundwater quality was not measured. Visual evidence confirmed that wastewater ran off the
application field and entered the unnamed tributary to Dutchman Creek.

4) The cost of rectifying the damage;
The cost of rectifying the damage cannot be determined.

5) The amount of money saved by noncompliance;
The actual cost savings is unknown.

6) Whether the violation was committed willfully or intentionally;
After the farmer contained the remainder of the waste from continuing to enter the unnamed tributary. The
event was reported to the regional staff as required by the General Permit.

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
There are no prior records for this facility.

8) Cost to the State for the enforcement procedures:
$128.16

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Date Jeffrey Poupart
DocuSign Envelope ID: B8397601-7829-436F-A6A2-CF2D9932A293