820634_Civil Penalty Assessment_20210825

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY

COUNTY OF SAMPSON

FILE NO. DV-2021-0110
IN THE MATTER OF )
)
TAMMY BUTLER PETERSON )

) 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, I, Jeff Poupart, Chief of the Water Quality
Permitting Section of the Division of Water Resources (DWR), make the following:

I. FINDINGS OF FACT:

A. Tammy Butler Peterson owned and operated Tammy Peterson Farm, a swine operation
located along 1295 Wrye Branch Rd Clinton, NC. Sampson County.

B. Tammy Butler Peterson was issued Certificate of Coverage AWS820634 under North
Carolina Swine Waste Management System General Permit AWG100000 for Tammy
Peterson Farm on October 1, 2019 effective from the date of 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 February 25, 2021, during site evaluation, DWR staff was able to document with
photographs and water samples that waste entered a ditch. There were multiple manmade
conveyances that were trenched that would allow for waste to flow into the ditch located
at the corner of the lagoon that flows behind the lagoon out into the woods. DWR staff
noticed that waste had appeared to have discharged from house two (2) and flowed into the
drainage system designed to divert rain water away from the lagoon. DWR then noticed
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that there were multiple trenched paths that allowed the waste to flow into the ditch at the
corner of the lagoon that runs behind the lagoon. DWR staff documented with photographs
and water samples that the waste had entered the ditch. Mr. John Peterson stated on
February 26, 2021 that the discharge pipe going into the lagoon had a blockage which
caused the waste to flow out of the hog house.

F. Condition II.1 of General Permit AWG100000 states, the collection, treatment, and storage
facilities, and the land application equipment and fields shall always be properly operated
and maintained.

G. On February 25, 2021, DWR staff was on site at the Tammy Peterson Farm surveying the
lagoon. DWR was surveying due to the fact that the lagoon was reported to DWR as a
lagoon level non-compliant. The freeboard marker was reported to DWR as 7 inches.
During the lagoon survey, DWR staff noticed that waste had appeared to have discharged
from house two (2) and flowed into the drainage system designed to divert rain water away
from the lagoon. DWR then noticed that there were multiple trenched paths that allowed
the waste to flow into the ditch at the corner of the lagoon that runs behind the lagoon.

H. 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
of the following events: (a) Failure of any component of the animal waste collection,
treatment, and storage and land application system resulting in a discharge to surface
waters.

I. Tammy Butler Peterson did not notify DWR the above described discharge of animal
waste.

J. On March 30, 2020 the Division issued a Notice of Violation (NOV/NOI) with intent to
enforce through the civil penalty assessment process to Tammy Butler Peterson identifying
violations of N.C.G.S. 143-215.1 and Permit No. AWG100000 the violations include the
unlawful discharge of wastes to waters of the State.

K. The NOV was sent by certified mail, return receipt requested and received on May 8, 2020.

L. The cost to the State of the enforcement procedures in this matter totaled $779.14.

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

II. CONCLUSIONS OF LAW:

A. Tammy Butler Peterson 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. Unnamed tributary into McPhail Branch onto Merkle Swamp farm constitutes waters of
the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).

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D. The conditions described in Findings of Fact I.E. constituted making an outlet to waters of
the State for purposes of G.S. 143-215.1(a)(1), for which Tammy Peterson Farm did not
have a permit as required by G.S. 143-215.1.

E. The conditions described in Findings of Fact I.G. violates Condition No. II.1 of the
AWG100000 General Permit to properly operate and maintain the collection, treatment,
and storage facilities, and the land application equipment and fields always.

F. The above-cited failure (Findings of Fact I.I) to provide notification to the Regional Office
violated Condition III.17 a. of the General Permit AWG100000.

G. Tammy Butler Peterson 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.

H. The State's enforcement costs in this matter may be assessed against Tammy Butler
Peterson pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).

I. 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.

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

III. DECISION:
Accordingly, Tammy Butler Peterson, owner of Tammy Peterson Farm at the time of the
noncompliance is hereby assessed a civil penalty of:

$4,000.00 ___ For making an outlet to the waters of the State without a permit as required
by G.S. 143-215.1 and in violation of Condition I.1. of the General Permit
AWG100000.

$1,000.00 __ For violation of Condition No. II.1. of General Permit AWG100000 for
failing to properly maintain the waste collection, treatment, and storage
facilities at all times.

$1,000.00 __ For violation of Condition III.17.a. of the General Permit AWG100000 for
failure to 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 the following: (a) Failure
of any component of the animal waste collection, treatment, and storage
and land application system resulting in a discharge to surface waters.

$6,000.00 __ TOTAL CIVIL PENALTY

$779.14____ Enforcement costs

$6,779.14 __ TOTAL AMOUNT DUE

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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.

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 Tammy Butler
Peterson 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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