090100_DV-2021-0132 CPA Finding and Decision_20211027

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY

COUNTY OF BLADEN

FILE NO. DV-2021-0132
IN THE MATTER OF )
)
OAK SPRINGS SOW FARM, LLC )
)
)
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. Oak Springs Sow Farm, LLC owned and operated Oak Springs Sow Farm, a swine
operation located along 1141 Allen Priest Road Council, NC. Bladen County.

B. Oak Springs Sow Farm, LLC was issued Certificate of Coverage AWS090100 under
General Permit AWG100000 for Oak Springs Sow Farm 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 the
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.”

E. On May 20, 2021 during the site evaluation, DWR staff documented with pictures that
there was waste coming from the butterfly valve at the pump, and at the time the pump was
not running. Waste was flowing into the ditch located behind the lagoon that flows out into
the woods. DWR staff documented with pictures and water samples that the waste entered
the ditch in the woods which flowed to and collected in the wetland area. Later in the
afternoon on May 20, 2021, a follow up inspection was conducted by DWR staff to
document the recovery of waste from the ditch and wetlands. Farm staff were actively
cleaning up waste and completed the task while DWR staff was on site. This was
documented with pictures.
DocuSign Envelope ID: B168DA6C-7288-47D7-95D1-096948360E1D

F. Condition II.1 of General Permit AWG100000 states, the collection, treatment, and storage
facilities, and the land application equipment and fields shall always be properly operated
and maintained. – [15A NCAC 02T .1304(b)]

G. On May 20, 2021, DWR staff was conducting a routine compliance inspection and while
walking around the lagoon, DWR staff noticed wastewater was ponding around the pump
hook-up hydrant and was flowing from the hydrant at the pump. DWR staff was able to
document with pictures that the wastewater was coming from the butterfly valve at the
pump, and at the time the pump was not running. After further investigation, DWR staff
documented with samples and pictures that the waste had entered the woods and the ditch
behind the farm which went into a wetland area.

H. Condition II.17 of the AWG100000 General Permit states: “the Operator in Charge (OIC)
or a person under the supervision of an OIC to inspect the land application 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. A record of each inspection shall be recorded on forms supplied by,
or approved by, the Division and shall include the date, time, spray field number and name
of the operator for each inspection. Inspection shall include but not be limited to visual
observation of application equipment, spray fields, subsurface drain outlets, ditches, and
drainage ways for any discharge of waste.” [15A NCAC 8F .0203(b) and 15A NCAC 02T
.0108(c)]

I. The OIC failed to inspect application equipment, spray fields, ditches, and drainage ways
for any discharge of waste. DWR staff arrived on site at 11:15am on May 20,2021. During
the discovery of a discharge, Geno Kennedy the Technical Specialist informed the OIC
there was a discharge at the pump where it had been discharging since the last pumping
event. The waste had run down the hill and entered the ditch beside the farm. DWR
documented with pictures and samples that the waste has indeed entered the ditch and
wetland beside the farm. On May 20, 2021 during the follow-up inspection, the OIC did
not arrive to the farm until after 1:30 pm during the recovery of the waste.

J. Condition II.28. of the General Permit AWG 100000 states that “Crops for which animal
waste is land applied must be harvested, removed from the land application site, and
properly managed and utilized unless other management practices are approved in the
CAWMP. Hay harvested from land application fields shall be removed within twenty-four
(24) months of cutting unless other management practices are approved in the CAWMP.”
– [15A NCAC 02T .0108(b) and .1304(b)]

K. During the Compliance Inspection on May 20, 2021, it was documented with pictures that
the crops on the irrigation fields had not been harvested. There were no records during the
inspection for crop yields for those field.

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)]
DocuSign Envelope ID: B168DA6C-7288-47D7-95D1-096948360E1D

M. DWR staff were not notified by the permittee about the animal waste discharge and
ponding as required by the permit.

N. On July 20, 2021 the Division issued a Notice of Violation (NOV/NOI) with intent to
enforce through the civil penalty assessment process to Oak Springs Sow Farm, LLC
identifying violations of N.C.G.S. 143-215.1 and Permit No. AWS090100 the violations
include the unlawful discharge of wastes to waters of the State.

O. The NOV was sent by certified mail, return receipt requested and received on August 23,
2021.

P. The cost to the State of the enforcement procedures in this matter totaled $667.07.

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

II. CONCLUSIONS OF LAW:
A. Oak Springs Sow Farm, LLC 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 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.

D. 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.

E. The above-cited conditions described in Findings of Fact I.G. violates Condition II.1 of the
AWG100000 General Permit to properly operate and maintain the collection, treatment,
and storage facilities, and the land application equipment and fields always.

F. The above cited failure of OIC to inspect the land application as often as necessary to
ensure that the animal waste is land applied in accordance with the CAWMP as stated in
Findings of Fact I.I violates Condition II.17 of General Permit AWG100000 requiring that
the Operator in Charge (OIC) or a person under the supervision of an OIC to inspect
application equipment, spray fields, subsurface drain outlets, ditches, and drainage ways
for any discharge of waste.

G. Failing to remove harvest crop from the spray fields as cited in I.K. above is a violation of
Condition II.28. of the General Permit AWG100000.

H. The above-cited failure as stated in Findings of Fact I.M to provide notification to the
Regional Office violated Condition III.17 a. of the General Permit AWG100000.

I. Oak Springs Sow Farm, LLC 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.
DocuSign Envelope ID: B168DA6C-7288-47D7-95D1-096948360E1D

J. 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.

K. 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, Oak Springs Sow Farm, LLC, owner of Oak Springs Sow 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.1. of General Permit AWG100000 for failing
to properly maintain the waste collection, treatment, and storage facilities
at all times.

$1000.00____ For violation of Condition II.17 of General Permit AWG100000 for failure
of the Operator in Charge (OIC) or a person under the supervision of an
OIC to inspect application equipment, spray fields, subsurface drain
outlets, ditches, and drainage ways for any discharge of waste.

$750.00 For violation of Condition II. 28 of the General Permit AWG100000 for
failing to harvest & remove crop from the spray fields irrigated with swine
waste.

$500.00 __ 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 collection, treatment, and storage
and land application system resulting in a discharge to surface waters.

$7,250.00____ TOTAL CIVIL PENALTY.

$667.07______ Investigation costs assessed.

$7,917.07____ TOTAL AMOUNT DUE

DocuSign Envelope ID: B168DA6C-7288-47D7-95D1-096948360E1D

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 Oak Springs Sow
Farm, LLC 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: B168DA6C-7288-47D7-95D1-096948360E1D
11/16/2021