090146_Civil Penalty Assessment_20210920

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY

COUNTY OF BLADEN

FILE NO. DV-2021-0047
IN THE MATTER OF )
)
CHAD WAYNE HAZELWOOD )

) 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. Chad Hazelwood owned and operated Hazelwood Family Farm, a swine operation located
along SR 1527 Peter Cromartie Road Garland, NC. Bladen County.

B. Chad Wayne Hazelwood was issued Certificate of Coverage AWS090146 under General
Permit AWG100000 for Hazelwood Family Farms 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.” – [G.S. §143-215.10C]

E. On January 4, 2021, Curtis Barwick notified DWR that Mr. Chad Hazelwood had reported
to him that his two lagoons were non-compliant. DWR staff arrived on the farm same day
and confirmed that the two lagoons were non-compliant and waste levels in both lagoons
are in the structural freeboard level. DWR staff observed past discharges of waste from
house #1 (one) which was discussed during the routine compliance inspection in October
2020. Seeing that there were issues at house #1, DWR staff inspected house #2 (two) and
found a high volume of waste flowing from under back door on to the ground behind the
house, and waste continued to collect in a large area inside the wooded area next to the
house. Animal waste flowed into a ditch leading from behind the house and into Unnamed
tributary to Long Branch.
DocuSign Envelope ID: A36F9F1F-33AD-4958-8238-6CE0AC7A7E90
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. – [15A NCAC 02T .1304(b)]

G. DWR staff noticed on January 4, 2021 that the lift station was full and needed the waste
transferred to lagoon 2, but the pit has no automatic pump system. Mr. Hazelwood has one
manual pump for the two lift stations, and by the pit being full, waste was forced to flow
out of the house. Mr. Hazelwood responded quickly when told of this discharge and cut off
the flow of waste, but it started again before staff exited the farm. Mr. Hazelwood then
manually pumped the pit out and moved waste to lagoon 1.

H. Condition V.2. of the General Permit AWG100000 states that “The maximum waste level
in lagoons/storage ponds shall not exceed that specified in the facility’s CAWMP. At a
minimum, maximum waste level for lagoons/storage ponds must not exceed the level that
provides adequate storage to contain the 25-year, 24-hour storm event plus an 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 (1) foot of structural
freeboard.” – [15A NCAC 02T .1304(b)]

I. DWR staff documented with pictures the lagoon levels were twelve (12) inches in lagoon
1, and eight (8) inches lagoon 2 based on the markers. DWR staff surveyed both lagoons
and documented they were eight (8) inches in lagoon 1 and three (3) inches in lagoon 2.

J. Condition III.17. of General Permit AWG100000 states that “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 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 that required in Condition V.2. of this General Permit. (f)Failure to
maintain waste level in a lagoon/storage pond below that of the designed structural
freeboard (twelve (12) inches from top of dam or as specified in lagoon/storage pond
design). Note that this notification is in addition to the report required by Condition III.17.e
above.– [15A NCAC 02T .0108(c)]

K. On January 4, 2021, Curtis Barwick notified DWR that Mr. Chad Hazelwood had reported
to him that his two lagoons were non-compliant with the required freeboard. DWR staff
arrived on the farm and confirmed that the two lagoon were non-compliant and both in the
structural freeboard level. DWR staff has no record of Mr. Hazelwood reporting non -
compliant lagoon levels to the Regional Office prior to January 4, 2021.

L. On February 15, 2021 the Division issued a Notice of Violation (NOV/NOI) with intent to
enforce through the civil penalty assessment process to Chad Wayne Hazelwood
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.

M. The NOV was sent by certified mail, return receipt requested and received on February 19,
2021.

N. The cost to the State of the enforcement procedures in this matter totaled $593.44.

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

DocuSign Envelope ID: A36F9F1F-33AD-4958-8238-6CE0AC7A7E90
II. CONCLUSIONS OF LAW:

A. Chad Wayne Hazelwood 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 to Long Branch constitutes waters of the State within the meaning of
G.S. 143-215.1 pursuant to G.S. 143-212(6).

D. The above-cited discharge as stated in Findings of Fact I.E violates Condition I.1 of
General Permit AWG100000 that requires no animal waste be discharged to surface waters
and /or wetlands of the state.

E. The above-cited conditions described in Findings of Fact I.G. violates Condition 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 to maintain lagoon levels as mentioned in Findings of Fact I.I
violates Condition V.2 of General Permit AWG100000 which requires that the maximum
waste level in lagoons/storage ponds shall not exceed that specified in the facility’s
Certified Animal Waste Management Plan (CAWMP).

G. The above cited failure to report high freeboard by telephone to the appropriate Regional
Office as stated in Findings of Fact I.K violates Condition III.17.e & f of General Permit
AWG100000.

H. Chad Wayne Hazelwood 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.

I. The State's enforcement costs in this matter may be assessed against Chad Wayne
Hazelwood pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).

J. 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, Chad Wayne Hazelwood, owner of Hazelwood Family Farms at the time of the
noncompliance is hereby assessed a civil penalty of:

$3,000.00 ___ 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.

$2,000.00 __ 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.
DocuSign Envelope ID: A36F9F1F-33AD-4958-8238-6CE0AC7A7E90

$1,500.00 __ For violation of Condition V.2 of General Permit AWG100000 for failure
to maintain the maximum waste level in three (3) lagoons/storage ponds
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 & f of 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 events: 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. (f) failure
to maintain waste level in a lagoon/storage pond below that of the designed
structural freeboard (twelve (12) inches.

$7,500.00__ TOTAL CIVIL PENALTY

$593.44____ Enforcement costs

$8,093.44__ TOTAL AMOUNT DUE

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 Chad Wayne
Hazelwood in accordance with N.C.G.S. 143-215.6(A)(d).

_________________ _______________________________
(Date) Jeff Poupart, Chief
Water Quality Permitting Section
Division of Water Resources
DocuSign Envelope ID: A36F9F1F-33AD-4958-8238-6CE0AC7A7E90
9/27/2021