090099_Remission (Decision)_20211215

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS

Case Number: DV-2021-0031 Region: Fayetteville County: Bladen
Assessed Entity: Barry D. Billups Permit: AWS090099

(a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Permittee States: I pumped for 2 hours on the high end of the field to try to keep lagoon from
breaching.

DWR Response: Civil penalty assessment was for a discharge and failure of the OIC to complete the
120-minute check of the application. Owner admits this in his response, so assessment factors were
correctly applied.

(b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States: Pumped ponded water back into lagoon. I also clay to repair washout at ditch and
low spot, after compacting clay I hauled topsoil & sand to apply on top of clay. I seeded the plot with
contractor seed.

DWR Response: Mr. Billups did correct the issues once pointed out by the inspectors.

(c) Whether the violation was inadvertent or a result of an accident:
Permittee States: I did not make an outlet, the 11 inch rainfall washed ruts in the field that let water
run to the low end of the field.

DWR Response: The discharge was caused by applying waste to an already saturated field and not
performing the required checks on the application.

(d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States: This is my 1st offense, I always try manage lagoon and spray fields to stay in
compliance.

DWR Response: This farm has not been assessed civil penalties for previous violations, but has
received several NOD’s and NOV’s for freeboard violations and annual fee non-payment.

(e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:

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

Original Penalty (without Enforcement Costs) $5000.00__________ (enter amount)
Partial Remission 25%______ or $1250.00__________ (amount remitted)
Subtotal $3750.00______
Retaining Enforcement Costs $621.26_______
Total Revised Assessment $4371.26______

Jeff Poupart Date
DocuSign Envelope ID: 52BFC2A1-033B-45D1-AE53-A4546BE0D6FD
12/15/2021