710052_Assessment Factors_20210825

DocuSign Envelope ID: 9CB5A026-28AC-4E02-B9E5-C7448C2EC119
DIVISION OF WATER RESOURCES
CIVIL PENALTY ASSESSMENT FACTORS
Violator: M & D Sow Farm Case Number: PC-2021-0019
County: Pender Permit Number: AWS710052
ASSESSMENT FACTORS
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:
No harm to the natural resources of the State was observed. No harm to the public health or to
private property was documented. However, animal waste has the potential to deplete dissolved
oxygen in affected water bodies to a point which is harmful to aquatic life. Wastewater also
contains nutrients which have the potential to spawn algal growth to the point which is harmful to
aquatic life.
2) The duration and gravity of the violation:
It is difficult to determine the duration or number of times discharges may have occurred from the
field. The amount of vegetation in the ditch (see photos from the region) indicates that the leak
from the pump area was ongoing. The compacted area in the sprayfield (which can be seen on
Google Earth images) caused by the cattle contributed to the ponding and runoff from the
sprayfield. The OIC estimated 7,000 gallons of waste had been released in the discharge.
3) The effect on ground or surface water quantity or quality or air quality:
No evidence of surface water effect could be determined from the samples taken from Cypress
Creek both upstream and downstream of the site. No groundwater samples were taken.
Overapplication and excessive ponding creates the potential for elevated nutrient levels in
groundwater.
4) The cost of rectifying the damage:
The cost of rectifying the damages was approximately $900.00
5) The amount of money saved by noncompliance:
DWR could not determine monetary savings by noncompliance. The amount saved would be based on the
time saved by failing to properly inspect, by not preparing the field prior to land application, and by not
reporting the discharge.
6) Whether the violation was committed willfully or intentionally:
The violations do not appear to be intentional, but rather negligent.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
No previous violations in the past ten years.
8) Cost to the State for the enforcement procedures:
Staff Time $ 650.78
Laboratory Costs $ 420.00
Travel Costs $ 108.00
Central Office Administrative Cost $ 100.00
August 25, 2021
Total $ 1,278.78
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