520013_Civil Penalty Assessment_20210920

DocuSign Envelope ID: 7DFD4B71-A6BA-4DA8-9DF1-BE78ED046CEB
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF BLADEN
IN THE MATTER OF
DC MILLS FARMS, INC
FOR VIOLATIONS OF SWINE WASTE
MANAGEMENT SYSTEM
GENERAL PERMIT AWG100000
PURSUANT TO NORTH CAROLINA
GENERAL STATUTE 143-215.1
FILE NO. DV-2021-0067
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. D C Mills Farms, Inc. owns and operates D C Mills Farms, Inc., a swine animal feeding
operation in Jones County.
B. D C Mills Farms, Inc. was issued Certificate of Coverage AWS520013 under General Permit
AWG100000 for D C Mills Farms, Inc. on October 1, 2019, effective upon 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 General Permit AWG100000 states that "Any discharge of waste that
reaches surface waters or wetlands is prohibited 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 December 21, 2020, staff of DWR was contacted by staff of NC Division of Soil and
Water Conservation (DSWC) about a lagoon failure which caused a discharge of wastewater
to surface water at D C Mills Farms Inc. DWR staff conducted a site visit on December 21,
2020 and found a vertical hole on the inside of the southwest bank of the lagoon and another
vertical hole on the outside toe of the dike. The hole on the outside of the lagoon was
approximately 100 feet to the southeast of the inside hole. The diameter of the holes was
approximately 5 feet, but the depths of the holes are unknown. The discharge of wastewater
originated from the hole on the outside of the lagoon. Based on available information,
approximately 1 million gallons of wastewater was released and entered the nearby Tuckahoe
Creek, which drains to the Trent River in Jones County.
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F. Condition 11.16 of General Permit AWG100000 states that "The Permittee shall designate a
certified animal waste management system operator with a valid certification to be in charge
of the animal waste management system. The waste management system shall be operated by
the Operator in Charge (OIC) or a person under the OIC's supervision." — [G.S. §90A-47.2]
G. At the time of the above -mentioned incident the Division does not have record of an
Operator in Charge with a valid certification. The operator on file failed to pay fees and
therefore has an invalid license.
H. Condition 111.19 of General Permit AWG100000 states that "In the event of a discharge of
1,000 gallons or more of animal waste to surface waters or wetlands, the Permittee must issue
a press release to all print and electronic news media that provide general coverage in the
county in which the discharge occurred setting out the details of the discharge. The press
release must be issued within forty-eight (48) hours after it is determined that the discharge
has reached the surface waters or wetlands. A copy of the press release and a list of the news
media to which it was distributed must be kept for at least one (1) rear after the discharge and
must be distributed to any person upon request." — [G.S. §143-215.10C(h)(1)]
I. Following the 48 hours after discharge and the site visit to determine wastewater had reached
the surface waters the facility had not provided proof of a press release in accordance with
requirements.
J. Condition IIL20 of General Permit AWG100000 states, "In the event of a discharge of 15,000
gallons or more of animal waste to surface waters or wetlands, a public notice is required in
addition to the press release described in Condition 111.19. The public notice must be placed
in a newspaper having general circulation in the county in which the discharge occurred and
the county immediately downstream within ten (10) days of the discharge. The notice shall
be captioned 'NOTICE OF DISCHARGE OF ANIMAL WASTE". The minimum content of
the notice is the name of the facility, location of the discharge, estimated volume of waste
entering state waters, time and date discharge occurred, duration of the discharge,
identification water body that was discharged into including creek and river basin if
applicable, actions taken to prevent further discharge, and a facility contact person and phone
number. The owner or operator shall file a copy of the notice and proof of publication with
the Department within thirty (30) days after the notice is published. Publication of a notice of
discharge under this Condition is in addition to the requirement to issue a press release under
Condition IIL19. Permittee must maintain a copy of the press release and the public notice
consistent with Condition IIL15. — [G.S. §143-215.10C(h)(2)
K. As of January 31, 2021, the owner/operator had not provided DWR with a copy of notice nor
proof of publication of such notice.
L. On January 6, 2021, DWR issued a Notice of Violation (NOV/NOI) with intent to enforce
through the civil penalty assessment process to DC Mills Farms, Inc identifying violations of
N.C.G.S. 143-215.1 and General Permit 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 January 14,
2021.
N. The cost to the State of the enforcement procedures in this matter totaled $1,773.44.
Based upon the above Findings of Facts, I make the following:
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II. CONCLUSIONS OF LAW:
A. D C Mills Farms, Inc. is a "person" within the meaning of G. S. 143-215.6A pursuant to G. S.
143-212(4).
B. Unnamed tributary to Tuckahoe Creek, which drains to the Trent River constitutes waters of
the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
C. The above -cited discharge constituted making an outlet to waters of the State for purposes of
G.S. 143-215.1(a)(1), for which G.S. 143-215.1 requires a permit.
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 failure to designate a certified animal waste management system operator
with a valid certification to be in charge of the animal waste management system as stated in
Findings of Fact I.G violated Condition 11.16. of General Permit AWG100000.
F. The above cited failure to issue a press release within 48 hours of waste discharge has
reached the surface waters or wetlands as stated in Findings of Fact I.I violated Condition
111.19. of General Permit AWG100000.
G. The above cited failure to place a public notice in local paper within 10 days of discharge as
stated in Findings of Fact I.K violated Condition IIL20. of General Permit AWG100000.
H. D C Mills Farms, Inc. 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 act in accordance with the terms, conditions, or requirements of a permit required by G.S.
143-215.1.
I. General Statute 143-215.3(a)(9) and G.S. 143B-282.1(b)(8) provides that the reasonable costs
of any investigation, inspection or monitoring survey may be assessed against a person who
violates any regulations, standards, or limitations adopted by the Environmental Management
Commission or violates any terms or conditions of any permit issued pursuant to N.C.G.S.
143-215.1, or special order or other document issued pursuant to N.C.G.S. 143-215.2.
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 Facts and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, D C Mills Farms, Inc., owner of D C Mills Farm, at the time of the noncompliance
is hereby assessed a civil penalty of:
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DocuSign Envelope ID: 7DFD4B71-A6BA-4DA8-9DF1-BE78ED046CEB
$10,000.00
For violation of Condition I.1 of General Permit AWG100000 for
making an outlet to the waters of the State without a permit as required
by G.S. 143-215.1.
$1,000.00 For violating Condition 11.16 of General Permit AWG10000 for failure
to designate an Operator in Charge.
$750.00 For violating Condition 111.19 of General Permit AWG10000 for
failure to issue a press release within 48 hours.
$750.00 For violating Condition IIL20 of General Permit AWG10000 for failure
to place a public notice in local paper within 10 days of discharge.
$12,500.00 TOTAL CIVIL PENALTY
$1,773.44 Enforcement costs
$14,273.44 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 DC Mills Farms,
Inc. in accordance with N.C.G.S. 143-215.6(A)(d).
DocuSigned by:
9/2 7/2021 Cr
KW9s4sDD2478
(Date) Jeff Poupart
Water Quality Permitting Section
Division of Water Resources
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