820096_Certificate of Coverage (COC)_20211214

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY

COUNTY OF SAMPSON

FILE NO. DV-2021-0172
IN THE MATTER OF )
)
MICHAEL M. MATTHIS )

) FINDINGS AND DECISION
FOR VIOLATIONS OF SWINE WASTE ) AND ASSESSMENT OF
MANAGEMENT SYSTEM ) CIVIL PENALTIES
GENERAL PERMIT AWG100000 )
PURSUANT TO NORTH CAROLINA )
GENERAL STATUE 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. Michael Matthis owned and operated Michael Matthis Farm, a swine operation located
along 8009 Taylors Ridge Road Clinton, NC.

B. Michael M. Matthis was issued Certificate of Coverage AWS820096 under North Carolina
Swine Waste Management System General Permit AWG100000 for Michael Matthis 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 that “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: Cause or permit any waste,
directly or indirectly, to be discharged to or in any manner intermixed with the waters of
the State in violation of the water quality standards applicable to the assigned
classifications or in violation of any effluent standards or limitations established for any
point source, unless allowed as a condition of any permit, special order or other appropriate
instrument issued or entered into by the Commission under the provisions of this Article.”

D. Condition I.1. of the General Permit AWG100000 states that “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.” – [G.S. §143-215.10C]

E. On September 7, 2021, DWR staff conducted a routine compliance inspection, and during
this inspection waste was observed behind house 6 in the storm water drainage area around
the discharge pipe. In addition, waste was observed in various places along this drainage
feature that leads to an unnamed tributary to Six Runs Creek. DWR staff documented the
waste with pictures and water samples at some of the areas of pooled water/waste as far
away as 350 feet from the back of house 6. The waste discharge was believed to happen
when the flush tanks were flushed. This was later confirmed by you on September 10,
DocuSign Envelope ID: 731F7FF2-6717-4C81-BBF1-536FD604A3C9
2021. The high level of the lagoon which was above the discharge pipe caused a head
pressure that slowed the flow of waste to the lagoon and backed it up in the house allowing
it to flow from cracks in the foundation to the storm water drain system.

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 September 10, 2021 during the follow-up inspection you stated you had determined
that when the waste was flushed from the hog house, the waste was slow flowing into the
lagoon. The waste backed up in the hog house and flowed from cracks in the foundation
into the storm drain system. The waste could then flow to the unnamed tributary to Six
Runs Creek. This shows that the facility was not operated properly as required by your
permit.

H. Permit Condition III.17. of the General Permit states “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 the first knowledge of the occurrence of any
of the following events: (a) Failure of any component of the animal waste collection,
treatment, and storage and land application system resulting in a discharge to surface
waters. – [15A NCAC 02T .0108(b)]

I. On September 7, 2021 during your routine compliance inspection, DWR staff noticed with
little effort waste pooled in the storm water drainage system behind house 6. This was
documented with pictures and water samples. Based on the distance the waste traveled into
the woods from house 6, we believe this has been going on for a period of more than 24
hours. You stated your son mowed the lagoon banks within the last two weeks and you
documented on your freeboard sheet that you had walked the lagoon the week prior to this
inspection. The pooled waste was very noticeable from the lagoon bank. Michael M.
Matthis failed to notify DWR the above described discharge of animal waste.

J. Condition III.1 of General Permit AWG1000 states “An inspection of the waste collection,
treatment, and storage structures, and runoff control measures shall be conducted and
documented at a frequency to insure proper operation but at least monthly and after all
storm events of greater than one (1) inch in 24 hours. For example, lagoons/storage ponds,
and other structures should be inspected for evidence of erosion, leakage, damage by
animals or discharge. Inspection shall also include visual observation of subsurface drain
outlets, ditches, and drainage ways for any discharge of waste.” – [15A NCAC 02T
.1304(b)]

K. On September 7, 2021 during your routine compliance inspection, waste was documented
with pictures and water sample in the storm drainage system behind house 6 as noted in
violation 3. Based on the fact that the waste was noticed during the visual inspection of the
houses and lagoon with very little effort, we believe you were not conducting your
inspection of the waste collection system as required by the permit.

L. On October 11, 2021 the Division issued a Notice of Violation (NOV/NOI) with intent to
enforce through the civil penalty assessment process to Michael M. Matthis identifying
violations of N.C.G.S. 143-215.1 and Permit No. AWG100000 the violations include the
unlawful discharge of wastes to waters of the State.

M. The NOV was sent by certified mail, return receipt requested and received on October 14,
2021.

DocuSign Envelope ID: 731F7FF2-6717-4C81-BBF1-536FD604A3C9
N. The cost to the State of the enforcement procedures in this matter totaled $636.26.

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

II. CONCLUSIONS OF LAW:

A. Michael M. Matthis 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. Unnamed tributary into Six Runs Creek constitutes waters of the State within the meaning
of G.S. 143-215.1 pursuant to G.S. 143-212(6).

D. The conditions described in Findings of Fact I.E. constituted cause or permit waste to be
discharged to waters of the State for purposes of G.S. 143-215.1(a)(1), for which Michael
Matthis Farm did not have a permit as required by G.S. 143-215.1.

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

F. The above-cited failure (Findings of Fact I.H) to provide notification to the Regional Office
violated Condition III.17 a. of the General Permit AWG100000.

G. The above cited failure to inspect the waste collection system as required by the permit as
stated in Findings of Fact I.K violates Condition III.1 of General Permit AWG100000.

H. Michael M. Matthis 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 Michael M. Matthis
pursuant to G.S. 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 Environme ntal 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, Michael M. Matthis, owner of Michael Matthis 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 AWG100000 for
discharge of animal waste to the waters of the State without a permit as
required by G.S. 143-215.1.

DocuSign Envelope ID: 731F7FF2-6717-4C81-BBF1-536FD604A3C9
$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 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.

$1000.00 ___ For violation of Condition III.1 of General Permit AWG100000 for failing
to properly inspect the waste collection system as required by the permit.

$7000.00 __ TOTAL CIVIL PENALTY

$636.26____ Enforcement costs

$7636.26 __ 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.

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 M.
Matthis in accordance with N.C.G.S. 143-215.6(A)(d).

_________________ _______________________________
(Date) Jeff Poupart, Chief
Water Quality Permitting Section
Division of Water Resources
DocuSign Envelope ID: 731F7FF2-6717-4C81-BBF1-536FD604A3C9
12/15/2021