090086_Remission (Decision)_20210916

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS

Case Number: DV-2020-0108 Region: Fayetteville County: Bladen
Assessed Entity: Murphy-Brown, LLC Permit: AWS090086

(a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:

(b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States: The operator promptly abated continuing environmental damage. As soon as farm
personnel discovered water in the secondary containment as a result of a recycle pipe break, they
notified LNM staff and shut down the recycle pump to stop the flow. LNM staff immediately began
pumping the water from the secondary containment back to lagoon.

DWR Response: Once the spill was discovered, Murphy-Brown LNM staff began blocking the ditch
and started the recovery process. The clean-up went on through the night with a FRO inspector there
most of the time. The ditch line was also cleared out so easier visual inspections could be made. LNM
staff did a very good job of recovering the waste and putting it back into the lagoon. Repairs were
also made to the secondary containment area.

(c) Whether the violation was inadvertent or a result of an accident:
Permittee States: The violation was inadvertent and a result of an accident. The discharge resulted
from a break in a recycle pipe on the farm.

DWR Response: The spill was caused by a split in the recirculation force main. The pipe was buried
approximately 3 feet underground. There was not a way to tell that the pipe would burst.

(d) Whether the violator had been assessed civil penalties for any previous violations:

(e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:

DECISION (Check One)
Request Denied
Full Remission Retain Enforcement Costs? Yes No

Original Penalty (without Enforcement Costs) $5000.00______ (enter amount)
Partial Remission 50%________ or $2500.00_ __ (amount remitted)
Subtotal $2500.00______
Retaining Enforcement Costs $589.86_______
Total Revised Assessment $3089.86______

Jeff Poupart Date
x
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