HomeMy WebLinkAbout820104_Remission (Request)_20210811rev 1.0 - 8.31.09
Remission Request Summary and Recommendation
To: S. Daniel Smith
From: Trent Allen Date: _8/11/2021 Region: FRO
Reviewed by: Jeff Poupart _ Date: _8/25/2021____
WQP Section Chief (initials)
Assessed Party: G.W. Carter County: Sampson
Case No.: PC-2020-0031 Permit No: AWS820104
Case Background and Assessment
October 1, 2019
DWR issued COC No. AWS820104 to G.W. Carter for the Lula Carter Farm.
December 23, 2019
April 14, 2020
On December 23, 2019, DWR Staff conducted the routine compliance inspection for
Permit No. AWS820104 with Michael A. Carter the OIC. DWR staff documented that the
waste application equipment had flat tires, broken gear box, and no drive chain from the
turban drive sprocket to the drum sprocket. The waste application equipment has not been
moved as the IRR 2 forms document. The gun cart was not pulled out as designed based
on historical photographs on Google Earth which the movement of gun cart would have
created patterns on the ground. The Bermuda stand was very weak at best to nonexistence,
in all the spray fields.
A Notice of Violation/Notice of Intent to Enforce letter dated April 14, 2020 was sent via
certified mail and was received on April 29, 2020.
June 22, 2021 G.W. Carter was assessed a civil penalty of $9,354.98 ($9000.00 civil penalty plus
$354.98 investigative costs):
$5000.00 for violation of Condition II.1. of the General Permit AWG100000 for
failure to properly operate and maintain the collection, treatment, and storage
facilities, and the land application equipment and fields always.
$1500.00 for violation of Condition II.17. of the General Permit AWG100000 for
failure of the Operator in Charge (OIC) or a person under the supervision of an OIC to
inspect the land application as often as necessary to ensure that the animal waste is
land applied in accordance with the CAWMP.
$1000.00 for violation of Condition II. 26. of the General Permit AWG100000 for
failing to test and calibrate all waste application equipment.
$1000.00 for violation of Condition III.6. of the General Permit AWG100000 for
failure to accurately record all irrigation and land application events including spray
events, hydraulic loading rates, nutrient loading rates and cropping information.
$500.00 for violation of Condition III.17.b 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: b. Any failure of the waste treatment and disposal
system that renders the facility incapable of adequately receiving, treating, or storing
the waste and /or sludge.
July 12, 2021 Green card indicated delivery of the assessment document.
DocuSign Envelope ID: D8A06A19-3BE7-414A-AA8C-DC9ABDFF1AD3
Remission Request (Summary)
July 16, 2021
Remission request signed
July 20, 2021 Remission request received
Summary: The permittee did not dispute the findings of the violation. The permittee says that the equipment was
being used in a manual mode by the operator, with the irrigation gun being moved and operated more like a solid
set type system. The permittee says they have already spent a considerable amount of money improving the
irrigation equipment at the farm. The facility have never been assessed civil penalty for nor ever had a previous
violation.
Enforcement History
There is no prior record of violation for this facility.
Remission Recommendation from Regional Office and Central Office
DWR Fayetteville Regional Office Recommendation (Check One)
Request Denied
Full Remission Retain Enforcement Costs? Yes No
Partial Remission (enter amount to remit)
Comment:
The ORC agreed that the irrigation equipment was in need of repair, and could not be operated as it was
designed. The wetted acres does not allow nor can the acres be determined when the irrigation system was being
operated in the manual mode. As a certified operator for this type of system, he should know you can’t operate a
traveling gun system as a solid set system. The irrigation system was operated improperly for years, and as an
ORC should be aware of this. The corrective actions taken so far are considered general maintenance, and should
have been performed regardless of receiving a fine.
DWR Central Office Recommendation (Check One)
Request Denied
Full Remission Retain Enforcement Costs? Yes No
Partial Remission _________ (enter amount to remit)
Comment:
DocuSign Envelope ID: D8A06A19-3BE7-414A-AA8C-DC9ABDFF1AD3