260025_Remission (Request)_20210826

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF CUMBERLAND
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
RUSSELL ODELL WOOD
PERMIT NO. AWS260025
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. DV-2020-0072
Having been assessed civil penalties totaling $12,341.32 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated, July 7, 2021, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative
hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment
document. The undersigned further understands that all evidence presented in support of remission
of this civil penalty must be submitted to the Director of the Division of Water Resources within
thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission
request will be allowed after thirty (30) days from the receipt of the notice of assessment.
This the
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ADDRESS
, 2021
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JUSTIFICATION FOR RENIISSION REQUEST
Case Number: DV-2020-0072
Assessed Party: Russell Odell Wood
Permit No.: AWS260025
County: Cumberland
Amount assessed: $12,341.32
Please use this form when requesting remission of this civil penalty. You must also complete ,the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in determining your request for
remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty
assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty assessment
document. By law [NCGS 133-215.6A(f)] remission of a civil penalty may be granted when one
or more of the following five factors applies. Please check each factor that you believe applies to
your case and provide a detailed explanation, including copies of supporting documents, as to why
the factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are
included in the attached penalty matrix and/or listed in the civil penalty assessment
document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent
future occurrences);
1% (c) the violation was inadvertent or a result of an accident (i. e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessa ry
remedial actions (i.e., explain how payment of the civil penalty will prevent you
from performing the activities necessary to achieve compliance).
EXPLANATION:
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\Rem. req.

Riverview Farm
685 Honeycutt Road
Willow Springs, NC 27592
8/11/2021
N.C. Division of Environmental Quality
Water Quality Section
Non -discharge Compliance/Enforcement Unit
225 Greene Street Suite 714
Fayetteville NC 28301
Dear Mr. Poupart,
This memo is to address the required written response to request remission from the civil penalty
assessed and received on July 23rd. We intend to address points surrounding this violation that may
allow for the Division to consider our request to waive the penalty assessed for a number of reasons
Item 1:
We have fully explained to our farm manager the importance of reporting to us any and all events like
this that may be problem so we can follow the guidance of reporting in the permit. Our OIC rented a
trash pump the next day and pumped as much waste as possible back into the spray field as we possibly
could. At first notice we abated the spill and cleaned it up quickly and corrected the source of the
incident. The Covid Pandemic has kept us from having enough back up staff to fill in when we are short
of staff and follow up in case of problems or emergencies such as this. We could use these civil
penalties to pay our people more so that they can do a better job of identifying problems and
preventing them from happening.
Item 2:
In future we will report any failure of any component of our waste management system resulting in a
discharge to ditches, surface waters, or wetlands. We will also have more oversight over anyone
operating equipment under OIC supervision.
Item 3:
This violation was totally inadvertent and as a result of an underground failure of a piping bond of the
waste management system. We have fixed the piping and the irrigation guns and will now meet the
designed wetted diameter. We also went over the proper use with our employees.

Item 4:
Payment of this fine will hinder the following from occurring on our family farm:
• Raises and monetary benefits for Good Employees to Keep them working on the farm
• Will prevent expenditures related to preventing this from happening again. We want to invest
in preventative methods such as berms and diversions away from sensitive areas. We also want
to have on hand emergency equipment such a pumps, hoses, that can be utilized to clean up an
accidental spill etc.
With Kind Regards,
Russell Wood
Cedar Bay Farm