260025_Remission (Decision)_20211116

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS

Case Number: DV-2020-0072 Region: Fayetteville County: Cumberland
Assessed Entity: Russell Odell Wood Permit: AWS260025

(a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:

(b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States: COVID pandemic kept us from having enough back up staff to fill in when we are
short of staff. We could use these civil penalties to pay our people more so that they can do a better
job of identifying problems and preventing them from happening.

DWR Response: Area where discharge occurred took several days to be cleaned. The spill was
noticed several days before DEQ found it by farm personnel, but they failed to let anyone know of the
discharge.

(c) Whether the violation was inadvertent or a result of an accident:
Permittee States: In the future we will report any failure of waste management system.

DWR Response: The discharge was caused by a broken irrigation line. Farm personnel repaired the
broken line, but failed to let anyone know of the discharge. Farm personnel should be trained on what
should be reported.

(d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States: The violation was totally inadvertent and as a result of underground failure of a
piping bond of the waste management system.

DWR Response: None.

(e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Permittee States: Payment of this fine will hinder monetary benefits for good employees.

DWR Response: The irrigation system was repaired and the waste was returned to the lagoon/spray
fields.

DECISION (Check One)
Request Denied
Full Remission Retain Enforcement Costs? Yes No

Original Penalty (without Enforcement Costs) $11,500.00_____ (enter amount)
Partial Remission %________ or $_____________ (amount remitted)
Subtotal $11,500.00_____
Retaining Enforcement Costs $841.32_______
Total Revised Assessment $12,341.32_____

Jeff Poupart Date
X
DocuSign Envelope ID: 02C8DA37-F099-477B-B787-74A70435A36A
11/16/2021