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Home My WebLink About710052_Findings & Decision_20210825DocuSign Envelope ID: 9CB5A026-28AC-4E02-B9E5-C7448C2EC119 STATE OF NORTH CAROLINA COUNTY OF PENDER IN THE MATTER OF JAMES MICHAEL HOPE FOR VIOLATIONS OF SWINE WASTE MANAGEMENT SYSTEM GENERAL PERMIT AWG100000 PURSUANT TO NORTH CAROLINA GENERAL STATUE 143-215.1 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FILE NO. PC-2021-0019 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. James Michael Hope owned and operated M&D Sow Farm, a swine operation located along Tessie Walker Road in Burgaw, NC in Pender County. B. James Michael Hope was issued Certificate of Coverage AWS710052 under General Permit AWG100000 for M&D Sow Farm on October 1, 2019, effective from the date of issuance, with an expiration date of September 30, 2024. C. Condition I.1. of the AWG100000 General Permit states in part "Any discharge of waste that 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 conveyance, direct application, direct discharge or through ditches, terraces, or grassed waterways not otherwise classified as state waters." D. Condition II.1. of the AWG100000 General Permit states "The collection, treatment, and storage facilities, and the land application equipment and fields shall be properly operated and maintained at all times." E. On March 2, 2021, staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS), inspected the M&D Sow Farm DocuSign Envelope ID: 9CB5A026-28AC-4E02-B9E5-C7448C2EC119 while investigating a complaint. DWR staff documented a discharge of wastewater occurred due to leaking lagoon pumping equipment. This discharge entered a ditch, but there was no evidence that the discharge reached surface waters or wetlands. F. Condition II.17. of the AWG100000 General Permit states in part "The OIC, a designated Back-up OIC of a Type A Animal Waste Management System, or a person under the supervision of an OIC or designated Back-up OIC shall inspect the land application site as often as necessary to ensure that the animal waste is land applied in accordance with the CAWMP. In no case shall the time between inspections be more than 120 minutes during the application of waste..." G. On March 2, 2021, DWR staff documented a second discharge at M&D Sow Farm that resulted from wastewater ponding in the land application field. The discharge from the land application field entered and adjacent wooded area and then flowed to an un-named wetland adjacent to Cypress Creek (15-4-12;C;Sw). H. Condition III.17.a. of the AWG100000 General Permit states that, the permittee shall report by telephone to the appropriate Division Regional Office as soon as possible, not 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. I. The DWR Wilmington Regional Office did not receive notification regarding either discharge of waste. J. On March 30, 2021, the Division issued a Notice of Violation (NOV) with recommendation for enforcement through the civil penalty assessment process to James Michael Hope identifying violations of N.C.G.S. 143-215.1 and Permit No. AWG100000. K. The NOV was delivered by certified mail on April 6, 2021. L. The cost to the State of the enforcement procedures in this matter totaled $1,278.78. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. James Michael Hope 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. DocuSign Envelope ID: 9CB5A026-28AC-4E02-B9E5-C7448C2EC119 C. The conditions described in Findings of Fact I.E. violate Condition L1. of the General Permit AWG100000. D. The conditions described in Findings of Fact I.E. violate Condition II.1. of the General Permit AWG100000. E. The conditions described in Findings of Fact I.G. violate Conditions I.1. of the General Permit AWG100000. F. The conditions described in Findings of Fact I.G. violate Conditions II.17. of the General Permit AWG100000. G. The conditions described in Findings of Fact LI. violates Condition III.17.a. of the General Permit AWG100000. H. James Michael Hope 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. I. The State's enforcement costs in this matter may be assessed against James Michael Hope pursuant to General Statute 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). 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 Fact and Conclusions of Law, I make the following: III. DECISION: $ 8,000.00 for 2 of 2 violations of Condition I.1 of the General Permit AWG100000 for a discharge of waste. $ 3,000.00 for violation of Condition II.1 of the General Permit AWG100000 for failure to properly maintain the collection, treatment, and storage facilities, and the land application equipment and fields. DocuSign Envelope ID: 9CB5A026-28AC-4E02-B9E5-C7448C2EC119 $ 2,000.00 for violation of Condition II.17 of the General Permit AWG100000 for failure to inspect the land application site as often as necessary to ensure that the animal waste is land applied in accordance with the CAWMP. $ 1,000.00 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: e. failure of any component of the animal waste management system resulting in a discharge to ditches, surface waters, or wetlands. $ $ $ 14,000.00 TOTAL CIVIL PENALTY 1,278.78 Enforcement costs 15,278.78 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. DocuSign Envelope ID: 9CB5A026-28AC-4E02-B9E5-C7448C2EC119 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 James Michael Hope in accordance with N.C.G.S. 143-215.6(A)(d). August 25, 2021 (Date) (--DocuSigned by: pOutinkyi- `-8FB19B649DD2478... Jeff Poupart Chief of the Water Quality Permitting Section Division of Water Resources