HomeMy WebLinkAbout090099_Remission (Request)_20211215rev 1.0 - 8.31.09
Remission Request Summary and Recommendation
To: S. Daniel Smith
From: Trent Allen Date: _11/22/2021 Region: FRO
Reviewed by: Jeff Poupart _ Date: _12/10/2021____
WQP Section Chief (initials)
Assessed Party: Barry D. Billups County: Bladen
Case No.: DV-2021-0031 Permit No: AWS090099
Case Background and Assessment
October 1, 2019
DWR issued COC No. AWS090099 to Barry D. Billups for Barry Billups Farm.
February 21, 2021
December 3, 2020
On November 16, 2020, during a structural evaluation visit, DWR staff noticed evidence
that waste was ponded in the spray field and waste was in the drainage ditch area next to
the lagoon leading to a ditch that flows offsite. After further investigation o f the ditch,
DWR staff documented with pictures and samples that waste was in the ditch and flowed
into an unnamed tributary that flows into Turn Bull Creek. Mr. Billups stated he had
pumped on November 15, 2020 in the afternoon, and he said he drove into the farm the
morning of the 16th but did not check the field or drainage area by walking them, just
observed from the truck.
On December 3, 2020 the Division issued a Notice of Violation (NOV/NOI) with intent
to enforce through the civil penalty assessment process to Barry D. Billups identifying
violations of N.C.G.S. 143-215.1 and Permit No. AWS090099 the violations include the
unlawful discharge of wastes to waters of the State.
September 15,
2021
Barry D. Billups was assessed a civil penalty of $5621.26 ($5000.00 civil penalty plus
$621.26 investigative costs):
$3000.00 for making an outlet to the waters of the State without a permit as required
by G.S. 143-215.1 and in violation of Condition I.1. of the General Permit
AWG100000.
$1000 for violating of Condition II.5 of General Permit AWG100000 for failure to
prevent land application rates that resulted in excessive ponding and runoff during any
given application events
$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 the land application as often as necessary to ensure that the animal waste is
land applied in accordance with the CAWMP.
October 22, 2021 Green card indicated delivery of the assessment document.
Remission Request (Summary)
October 16, 2021
Remission request signed
October 25, 2021 Remission request received
DocuSign Envelope ID: 52BFC2A1-033B-45D1-AE53-A4546BE0D6FD
Summary: The permittee did not dispute the findings of the violation. The violation was inadvertent and a result
of 11 inch rainfall washed ruts in the field that let water run to the low end of the field. The permittee says
immediate actions were taken to address the problem.
Enforcement History
2020 - Noncompliance reporting – high freeboard.
June 28, 2010 Failure to pay annual fee.
November 22, 2006 Noncompliance reporting – high freeboard
Remission Recommendation from Regional Office and Central Office
DWR Fayetteville Regional Office Recommendation (Check One)
Request Denied
Full Remission Retain Enforcement Costs? Yes No
Partial Remission 25% = $1250.00 (enter amount to remit)
Comment:
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. The discharge was
caused by applying waste to an already saturated field and not performing the required checks on the application.
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.
DWR Central Office Recommendation (Check One)
Request Denied
Full Remission Retain Enforcement Costs? Yes No
Partial Remission 25% = $1250.00____ (enter amount to remit)
Comment:
DocuSign Envelope ID: 52BFC2A1-033B-45D1-AE53-A4546BE0D6FD