820352_Civil Penalty Assessment_20210929

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY

COUNTY OF SAMPSON

FILE NO. DV-2021-0111
IN THE MATTER OF )
MARY J. ROBINSON )
)
)
FOR VIOLATIONS OF SWINE WASTE ) FINDINGS AND DECISION
MANAGEMENT SYSTEM ) AND ASSESSMENT OF
GENERAL PERMIT AWG100000 ) CIVIL PENALTIES
PURSUANT TO NORTH CAROLINA )
GENERAL STATUTE 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. Mary J. Robinson owned and operated J D Teachey Sow Farm A&B, a swine operation
located along 1731 Harvey Lewis Rd. Faison NC 28341 in Sampson County.

B. Mary J. Robinson was issued Certificate of Coverage AWS820352 under General Permit
AWG100000 for JD Teachey Sow Farm A&B 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: “no person shall do the following things or carry out any of th e
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 General Permit AWG100000 states in part: “Any discharge of waste which
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 conveyances, direct application and
direct discharge or through ditches not otherwise classified as State waters.” – [G.S. §143-
215.10C]

E. On January 20, 2021 during a Structure Evaluation inspection site visit, DWR staff
documented with pictures and water samples that waste was flowing from one of the hog
houses at the foundation into the storm water drain system which discharges to a ditch
which flows to another ditch on the adjoining property. The adjoining ditch is an unnamed
tributary to Panther Branch, and water samples confirmed waste was present in this ditch.
DWR staff noticed waste was flowing from a hog house during the lagoon bank inspection,
and DWR staff took a few minutes to look at the area and quickly discovered the waste
was flowing into the storm water drain system. Mr. Strickland (the farm manager) stated
on January 21, 2021 that he had noticed the area but thought it was rain water and did n ot
investigate it any further. Mr. Strickland also stated he did not walk his lagoon banks as
often as required by the Permit.
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F. Condition II.2 of General Permit AWG100000 states that “A vegetative cover shall be
maintained as specified in the facility’s CAWMP. No waste shall be applied upon areas
not included in the CAWMP or upon areas where the crop is insufficient for nutrient
utilization. However, if the CAWMP allows, then waste may be applied up to thirty (30)
days prior to planting or breaking dormancy.” – [15A NCAC 02T .1304(b)]

G. On January 20, 2021, DWR staff documented that the Sorghum Sudan grass was not
harvested on most of the spay fields. On January 21, 2021, Mr. Strickland st ated the corn
crop planted in May failed due to heavy rain. Sorghum Sudan grass was planted on all of
the fields in the WUP, and most of the fields have not been harvested. Due to the failure to
harvest the summer crop, no winter crop had been planted. Mr. Strickland stated he did
pump on the Sorghum Sudan grass on January 16 and 18, 2021.

H. Condition II.5 of General Permit AWG100000 states: “in no case, shall land application
rates result in excessive ponding or any runoff during any given application events.” – [15A
NCAC 02T .1304(b)]

I. On January 20, 2021, DWR staff documented that waste was ponded around the two reels
located next to the lagoon. Deep ruts were cut into the field when the gun carts were pulled
out which indicates the soil was saturated, and this would cause the waste to pond in the
ruts and the field. Next to the lagoon at the Z pipe, there was also waste in a low area. The
preparation for pumping and hauling the waste from both lagoons was implemented on
January 20, 2021 to another farm, both lagoons had less than 6 inches of freeboard.

J. Condition III.1 of General Permit AWG100000 states “an inspection of the waste
collection, treatment, and storage structures, and runoff control measures shall be
conducted and documented at a frequency to insure proper operation but at least monthly
and after all storm events o greater than one (1) inch in 24 hours. For example,
lagoons/storage ponds, and other structures should be inspected for evidence of erosion,
leakage, damage by animals or discharge. Inspection shall also include visual observation
of subsurface drain outlets, ditches, and drainage ways for any discharge of waste.” – [15A
NCAC 02T .1304(b)]

K. On January 20, 2021 DWR staff noticed waste was flowing from a hog house during the
lagoon bank inspection, and DWR staff took a few minutes to look at the area and quickly
discovered the waste was flowing into the storm water drain system. Mr. Strickland (the
farm manager) stated on January 21, 2021 that he had noticed the area but thought it was
rain water and did not investigate it any further. Mr. Strickland also stated he did not walk
his lagoon banks as often as required by the Permit.

L. Condition III.17.a General Permit AWG100000 states in part 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: a. Failure of any component of the animal waste management
system resulting in a discharge to ditches, surface waters, or wetlands.” – [15A NCAC 02T
.0108(b)]

M. On January 21, 2021, DWR staff noticed waste was flowing from a hog house during the
lagoon bank inspection. DWR staff took a few minutes to look at the area and quickly
discovered the waste was flowing into the storm water drain system. Mr. Strickland (the
farm manager) stated on January 21, 2021 that he had noticed the area but thought it was
DocuSign Envelope ID: E2C6F355-56CF-4EF9-9538-CB3F7220705F
rain water and did not investigate it any further. DWR did not receive the 24-hour
notification and 5-day written report concerning the discharge of waste from the facility.

N. On April 30, 2021, the Division issued a Notice of Violation (NOV/NOI) with intent to
enforce through the civil penalty assessment process to Mary Jo Robinson identifying
violations of N.C.G.S. 143-215.1 and Permit No. AWG100000.

O. The NOV was sent by certified mail, return receipt requested and received on May 5, 2021.

P. The cost to the State of the enforcement procedures in this matter totaled $956.06.

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

II. CONCLUSIONS OF LAW:
A. Mary J. Robinson is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4).

B. Unnamed tributary to Panther Branch constitutes waters of the State within the meaning of
G.S. 143-215.1 pursuant to G.S. 143-212(6).

C. A permit for an animal waste management system is required by N.C.G.S. 143-215.1.

D. 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.

E. 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.

F. The above-cited failure to maintain a vegetative cover as specified in the facility’s
CAWMP as stated in Findings of Fact I.G violates Condition II.2 of General Permit
AWG100000.

G. The above cited excessive ponding and runoff during application events as stated in
Findings of Fact I.I violates Condition II.5 of General Permit AWG100000 requiring that
in no case, shall land application rates result in excessive ponding or any runoff during any
given application events.

H. The above cited failure to inspect the waste collection, treatment, and storage structures,
and runoff control measures as stated in Findings of Fact I.K violates Condition III.1 of
General Permit AWG100000.

I. The above-cited failure to notify the Fayetteville Regional Office within 24 hours of first
awareness of a discharge as stated in Findings of Fact I.M violates Condition III.17.a of
the General Permit AWG100000 which states “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: a. Failure of any component of the animal waste management system resulting in a
discharge to ditches, surface waters, or wetlands.” [15A NCAC 02T .0108(b)]

J. Mary J. Robinson 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
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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.

K. 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.

L. 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, Mary J. Robinson, owner of J.D. Teachey Sow Farm A&B Farm at the time of the
noncompliance is hereby assessed a civil penalty of:

$4000.00 __ For violation of Condition I.1 of General Permit AWG 100000 for making
an outlet to the waters of the State without a permit as required by G.S.
143-215.1.

$1000.00 ____ For violation of Condition II.2 of the General Permit AWG100000 for
failure to maintain a vegetative cover suitable for irrigation at the land
application sites in accordance with the CAWMP.

$1000.00 ____ For violating of Condition II.5 of General Permit AWG100000 for failure
to prevent land application rates that resulted in excessive ponding and
runoff during any given application events.

$1000.00 ____ For violation of Condition III.1 for failing to properly inspect the
subsurface drain outlets, ditches, and drainage ways for any discharge of
waste.

$1000.00_____ For violation of Condition III.17.a 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: a. failure of
any component of the animal waste management system resulting in a
discharge to ditches, surface waters, or wetlands

$8000.00 _____ TOTAL CIVIL PENALTY.

$956.06______ Investigation costs assessed.

$8956.06_____ TOTAL AMOUNT DUE

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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 Mary J. Robinson
in accordance with N.C.G.S. 143-215.6(A)(d).

_________________ _______________________________
(Date) Jeff Poupart
Water Quality Permitting Protection
Division of Water Resources
DocuSign Envelope ID: E2C6F355-56CF-4EF9-9538-CB3F7220705F
10/6/2021