540017_Civil Penalty Assessment_20210929

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY

COUNTY OF LENOIR

FILE NO. DV-2021-0046
IN THE MATTER OF )
EARL WOOD )
)
)
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. Earl Wood owns and operates Wood Farm, a swine animal feeding operation in Lenoir
County.

B. Earl Wood was issued Certificate of Coverage AWS540017 under General Permit
AWG100000 for Wood Farm on November 13, 2019 effective from the date of issuance, with
an expiration date of September 30, 2024.

C. 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)]

D. On June 18, 2021, DWR staff responded to an anonymous complaint associated with the Wood
Farm. The facility was irrigating on Tract 277, when DWR arrived. DWR noted that the reels
on Tract 277 Field 1 were not pulled out properly, according to the irrigation design. DWR
also noted excessive ponding and possible runoff at the Southwest end of the field. The
Division took samples of the ponded waste, a sample in the irrigation ditch by the ponded
waste, and a sample downstream. Sample results show signs that the wastewater entered the
irrigation ditch. The facility did dam up the ponded area, so wastewater was contained on
sprayfield.

E. On July 2, 2021 DWR issued a Notice of Violation (NOV/NOI) with intent to enforce through
the civil penalty assessment process to Earl Wood identifying violations of N.C.G.S. 143-
215.1 and Permit No. AWG100000.

F. The NOV/NOI was sent by certified mail, return receipt requested and received on J uly 8,
2021.

G. The cost to the State of the enforcement procedures in this matter totaled $740.21.

DocuSign Envelope ID: 403B7062-B826-454C-9D01-81B407BB3926
Based upon the above Findings of Fact, I make the following:

II. CONCLUSIONS OF LAW:

A. Earl Wood 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. The above cited excessive ponding and runoff during application events as stated in Findings
of Fact I.D 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.

D. Earl Wood 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.

E. 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.

F. 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, Earl Wood, owner of Wood Farm at the time of the noncompliance is hereby assessed a
civil penalty of:

$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 _____ TOTAL CIVIL PENALTY.

$740.21______ Investigation costs assessed.

$1740.21 _____ 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;
DocuSign Envelope ID: 403B7062-B826-454C-9D01-81B407BB3926
(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 Earl Wood in
accordance with N.C.G.S. 143-215.6(A)(d).

_________________ _______________________________
(Date) Jeffrey Poupart
Water Quality Permitting Protection
Division of Water Resources
DocuSign Envelope ID: 403B7062-B826-454C-9D01-81B407BB3926
10/7/2021