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Home My WebLink About450007_Enforcement_20210721DocuSign Envelope ID: F925A6F7-450E-43B9-B551-6CE13543A958 STATE OF NORTH CAROLINA COUNTY OF HENDERSON IN THE MATTER OF MICHAEL R. CORN FOR VIOLATIONS OF CATTLE WASTE MANAGEMENT SYSTEM NPDES GENERAL PERMIT NCA300000 PURSUANT TO NORTH CAROLINA GENERAL STATUTE 143-215.1 NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY FILE NO. PC-2021-0032 FINDINGS AND DECISION AND ASSESSMENTS 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 (DWR), I, Jeff Poupart, Chief of the Water Quality Permitting Section of the Division of Water Resources (Division), make the following: I. FINDINGS OF FACT: A. Michael R. Corn owned and operated Small Acres Dairy, a cattle animal feeding operation located at 1470 Jeffress Rd. in Henderson County. B. Michael R. Corn was issued Certificate of Coverage (COC) NCA345007 under National Pollutant Discharge Elimination System (NPDES) General Permit NCA300000 for Small Acres Dairy on September 15, 2017, effective upon issuance, with an expiration date of June 30, 2022. C. In accordance with North Carolina General Statutes (NCGS) 143-215 et seq. and Section 402 of the Clean Water Act, the permitted facility has been found to be in violation of Cattle Waste Management System NPDES General Permit No. NCA300000 and the subject Certified Animal Waste Management Plan (CAWMP). The CAWMP specifies the locations and methods of waste utilization. D. Condition III.4 of NPDES General Permit NCA300000 states "A vegetative cover shall be maintained as specified in the facility's CAWMP on all land application fields and buffers in accordance with the 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 .1305(b)] E. On June 11, 2020, Division staff conducted an inspection of the Small Acres Dairy facility. During the inspection it was documented that waste had been land applied to two (2) fields that were not accounted for in the facility's CAWMP. F. Condition IV.12 of NPDES General Permit NCA300000 states "All waste application equipment must be tested and calibrated at least once per year. The results must be documented on forms provided by, or approved by, the Division." — [15A NCAC 02T .1305(b)] 1 DocuSign Envelope ID: F925A6F7-450E-43B9-B551-6CE13543A958 G. On December 3, 2020, Division staff conducted a routine compliance inspection of the Small Acres Dairy facility. During this inspection the Permittee, Michael R. Corn, was unable to provide calibration records for the facility's on -site irrigation equipment. Later, on December 18, 2020, the Division sent a Compliance Inspection Report by mail to Michael R. Corn which called to attention the record keeping requirements established by the Cattle Waste Management System NPDES General Permit, and requested that complete facility records, including calibration records, be provided to the Division by December 31, 2020. The requested facility records were not provided to the Division by December 31, 2020, and have yet to be received by the Division. H. Condition IV.13 of NPDES General Permit NCA300000 states "The Permittee must maintain stocking records for the facility so as to demonstrate and report the annual average number of animals." — [40 CFR 122.42(e) and 15A NCAC 02T .1305(e)] I. On December 3, 2020, Division staff conducted a routine compliance inspection of the Small Acres Dairy facility. During this inspection the Permittee, Michael R. Corn, was unable to provide animal stocking records. Later, on December 18, 2020, the Division sent a Compliance Inspection Report by mail to Michael R. Corn which called to attention the record keeping requirements established by the Cattle Waste Management System NPDES General Permit, and requested that complete facility records, including animal stocking records, be provided to the Division by December 31, 2020. The requested facility records were not provided to the Division by December 31, 2020, and have yet to be received by the Division. J. Condition IV.7 of NPDES General Permit NCA300000 states "A Standard Soil Fertility Analysis, including pH, phosphorus, copper, and zinc, shall be conducted on each application field receiving animal waste in accordance with G.S. 143-215.10C(e)(6). The analysis must be conducted at least once every three years." K. On December 3, 2020, Division staff conducted a routine compliance inspection of the Small Acres Dairy facility. During this inspection the Permittee, Michael R. Corn, was unable to provide Standard Soil Fertility Analysis records. Later, on December 18, 2020, the Division sent a Compliance Inspection Report by mail to Michael R. Corn which called to attention the record keeping requirements established by the Cattle Waste Management System NPDES General Permit, and requested that complete facility records, including Standard Soil Fertility Analysis records, be provided to the Division by December 31, 2020. The requested facility records were not provided to the Division by December 31, 2020, and have yet to be received by the Division L. Michael R. Corn had no valid permit for the above -described activity. M. On June 19, 2020 the Division issued a Notice of Violation with Notice of Intent to Enforce (NOV/NOI) through the civil penalty assessment process to Michael R. Corn identifying violations of NCGS 143-215 et seq., Section 402 of the Clean Water Act, and the NPDES General Permit NCA300000. The NOV/NOI was sent via certified mail, return receipt requested, and was received on June 22, 2020. N. On January 22, 2021, The Division issued a Notice of Violation with Notice of Intent to Enforce (NOV/NOI) through the civil penalty assessment process to Michael R. Corn identifying violations of NCGS 143-215 et seq., Section 402 of the Clean Water Act, and the NPDES General Permit NCA300000. The NOV/NOI was sent via certified mail, return receipt requested, and was received on February 3, 2021. O. The cost to the State of the enforcement procedures in this matter totaled $300.38. 2 DocuSign Envelope ID: F925A6F7-450E-43B9-B551-6CE13543A958 Based upon the above Findings of Facts, I make the following: II. CONCLUSIONS OF LAW: A. Michael R. Corn 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 NCGS 143-215.1. C. The above -cited application of waste to fields not specified in the facility's CAWMP as stated in Findings of Fact I.E violates Condition IIL4 of NPDES General Permit NCA300000 which states no waste shall be applied upon areas not included in the CAWMP. D. The above -cited failure to provide records of waste application equipment calibration as stated in Findings of Fact I.G violates Condition IV.12 of NPDES General Permit NCA300000 which requires that the Permittee provide a record that waste application equipment is calibrated at least once per year. E. The above -cited failure to provide animal stocking records as stated in Findings of Fact I.I violates Condition IV.13 of NPDES General Permit NCA300000 which states the Permittee must maintain stocking records for the facility so as to demonstrate and report the annual average number of animals. F. The above -cited failure to provide record of a Standard Soil Fertility Analysis as stated in Findings of Fact I.K violates Condition IV.7 of NPDES General Permit NCA300000 which requires that a Standard Soil Fertility Analysis be conducted at least once per three years. G. Michael R. Corn 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. H. 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 NCGS 143- 215.1, or special order or other document issued pursuant to NCGS 143-215.2. I. The Chief of the Water Quality Regional Operations 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, Michael R. Corn, owner of Small Acres Dairy at the time of the noncompliance is hereby assessed a civil penalty of: $ 1,500.00 For violation of Condition III.4 of the NPDES General Permit NCA300000 for the land application of waste in an area not specified by the CAWMP. 3 DocuSign Envelope ID: F925A6F7-450E-43B9-B551-6CE13543A958 $ 1,500.00 For violation of Condition IV.12 of the NPDES General Permit NCA300000 for failure to provide records indicating waste application equipment is calibrated at least once per year. $ 1,000.00 For violation of Condition IV.13 of the NPDES General Permit NCA300000 for failure to provide animal stocking records. $ 750.00 For violation of Condition IV.7 of the NPDES General Permit NCA300000 for failure to provide record of a Standard Soil Fertility Analysis. $ 4,750.00 TOTAL CIVIL PENALTY $ 300.38 Enforcement costs $ 5,050.38 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 quantity or quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentional; (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 Michael R. Corn in accordance with N.C.G.S. 143-215.6(A)(d). DocuSigned by: 7/21/2021 (Date) F011319B649DD2478 Jeff Poupart, Chief Water Quality Permitting Section Division of Water Resources 4