820110_F&D_20210630

DocuSign Envelope ID: 179FF875-139D-4B18-AD4D-7D554D39E1 EF
STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF
TRENT TYLER
FOR VIOLATIONS OF SWINE WASTE
MANAGEMENT SYSTEM
GENERAL PERMIT AWG100000
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
FILE NO. PC-2021-0016
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
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. Trent Tyler owned and operated Triple T. Farms, a swine operation located along
3025 Wrye Branch Road Clinton NC in Sampson County.
B. Trent Tyler was issued Certificate of Coverage AWS820110 under General Permit
AWG100000 for Triple T Farms on October 1, 2019, effective from the date of
issuance, with an expiration date of September 30, 2024.
C. Condition V.2. of the AWG100000 General Permit states, failure to maintain the
maximum waste level in the lagoons/storage ponds that shall not exceed that
specified in the facilities CAWMP. At a minimum, maximum waste levels for
lagoons/storage ponds must not exceed the level that provides adequate storage to
contain the 25-year, 24-hour storm event plus and additional one (1) foot of
structural freeboard except that there shall be no violation of this condition if: a:
there is a storm event more severe than a 25-year, 24-hour event; b: the permittee
is in compliance with its CAWMP and ; c: there is at least one foot of structural
freeboard.
D. The designed maximum waste level for the lagoon at Triple T Farms is nineteen
(19) inches.

DocuSign Envelope ID: 179FF875-139D-4B18-AD4D-7D554D39E1 EF
E. On January 6, 2021, Mr. Trent Tyler called the Fayetteville Regional Office and
reported his lagoon level to be out of compliance and that it had been so for several
weeks. DWR staff conducted an inspection the same day and found the waste
level gauge indicated a freeboard level of eleven (11) inches. DWR staff
conducted a survey of the lagoon and found the actual freeboard level to be 9.6
inches.
F. Condition II.17.e of the AWG100000 General Permit states, the permittee shall
report by telephone to the appropriate Division Regional Office as soon as
possible, not in no case more than twenty-four (24) hours following first
knowledge of the occurrence of any of the following events: e. Failure to maintain
storage capacity in a lagoon/storage pond greater than or equal to the required in
Condition. V.2. of this General Permit.
G. Farm records indicate the lagoon levels first exceeded the maximum waste level
the week of December 20-26, 2020; the waste level was recorded at 16 inches.
Records also show a freeboard level of 12 inches for the week of December 27,
2020 — January 2, 2021. The Division of Water Resources has no record of
receiving notification of high freeboard or freeboard in the structural zone until
January 6, 2021.
H. On March 1, 2021, the Division issued a Notice of Violation (NOV/NOI) with
intent to enforce through the civil penalty assessment process to Trent Tyler
identifying violations of N.C.G.S. 143-215.1 and Permit No. AWG100000.
I. The NOV/NOI was hand delivered on March 25, 2021.
J. The cost to the State of the enforcement procedures in this matter totaled $259.30.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Trent Tyler 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. The conditions described in Findings of Fact I.E. violates Condition V.2. of the
General Permit AWG100000.
D. The conditions described in Findings of Fact I.G. violates Condition III.17.e. of the
General Permit AWG100000.
E. Trent Tyler 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

DocuSign Envelope ID: 179FF875-139D-4B18-AD4D-7D554D39E1 EF
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.
F. The State's enforcement costs in this matter may be assessed against Trent Tyler
pursuant to General Statute 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
G. 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:
$ 1,000.00 for violation of Condition V.2 of the General Permit
AWG100000 for failure to maintain the maximum waste
level in the lagoon which shall not exceed that specified in
the facility's CAWMP. At a minimum, maximum waste
level that provides adequate storage to contain the 25- year,
24-hour storm event plus an additional one (1) foot of
structural freeboard.
$ 1,000.00 for violation of Condition III.17.e 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: e. failure
to maintain storage capacity in a lagoon/storage pond greater
than or equal to that required in Condition V.2 of the General
Permit.
$ 2,000.00 TOTAL CIVIL PENALTY
$ 259.30 Enforcement costs
$ 2,259.30 TOTAL AMOUNT DUE

DocuSign Envelope ID: 179FF875-139D-4B18-AD4D-7D554D39E1 EF
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)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
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;
The duration and gravity of the violation;
The effect on ground or surface water quantity or quality or on air quality;
The cost of rectifying the damage;
The amount of money saved by noncompliance;
Whether the violation was committed willfully or intentionally;
The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
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 Trent
Tyler in accordance with N.C.G.S. 143-215.6(A)(d).
DocuSigned by: c 12bUrA4L
8FB19B649DD2478...
7/14/2021
(Date)
Jeff Poupart Chief of the
Water Quality Permitting Section
Division of Water Resources