820110_Assessment Factors_20210630

DocuSign Envelope ID: 179FF875-139D-4B18-AD4D-7D554D39E1EF
DIVISION OF WATER RESOURCES
CIVIL PENALTY ASSESSMENT FACTORS
Violator: Triple T Farms Case Number: PC-2021-0016
County: Sampson Permit Number: AWS820110
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:
No harm to the natural resources of the State was observed. No harm to the public health or to
private property was documented.
2) The duration and gravity of the violation:
The records indicated the high freeboard was first observed the week of Dec 20-26; records show
a freeboard level of 16. Levels rose to 12 inches the week of Dec 27-Jan 2. The lagoon was back
in compliance the week of January 17-23.
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 was found.
4) The cost of rectifying the damage:
As no environmental damage was found, there were no costs to rectify beyond the costs for land application
of the waste.
5) The amount of money saved by noncompliance:
DWR could not determine monetary savings by noncompliance. Normally Pump & Haul to another facility
or WWTP would be an alternative. However, extended wet weather across the region had those resources
difficult to access.
6) Whether the violation was committed willfully or intentionally;
Most likely the lagoon compliance was not committed intentionally due to the amount of rainfall in
the year 2020. Mr. Tyler also pumped when he could and did not exceed his allowed PAN.
However, Mr. Tyler did admit that he willfully did not report his lagoon to DWR when he first
went out of compliance because he thought he could get back in compliance quickly.
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
2016 — NOD for high freeboard during period of chronic heavy rainfall.
8) Cost to the State for the enforcement procedures:
Staff Time
Steve Guyton 1 hour @ $ 40.62/hr. $ 40.62
Katie Fontenot 2 hours @ $33.40/hr. $ 66.80
Trent Allen, Supervisor 1 hour @ $ 44.98/hr. $ 44.98
Certified Mail 1 @ $6.90 $ 6.90
Central Office Administrative Cost $ 100.00
June 30, 2021
Total $ 259.30
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