820634_Remission (Request)_20211025

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2021-0110 County: Sampson
Assessed Party: Tammy Butler Peterson
Permit No.: AWS820634 Amount assessed: $6,779.14
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearinz, and Stipulation ofFacts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in determining your request for
remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty
assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty assessment
document. By law [NCGS 133-215.6A(f)] remission of a civil penalty may be granted when one
or more of the following five factors applies. Please check each factor that you believe applies to
your case and provide a detailed explanation, including copies of supporting documents, as to why
the factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are
included in the attached penalty matrix and/or listed in the civil penalty assessment
document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent
future occurrences);
t% (c) the violation was inadvertent or a result of an accident (i. e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
V (d) the violator had not been assessed civil penalties for any previous violations;
V (e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you
from performing the activities necessary to achieve compliance).
EXPLANATION:
\Rem. req.
RECEIVED
OCT 2 5 2021
NC DELI/DWR
Central Office

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF SAMPSON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
TAMMY BUTLER PETERSON
PERMIT NO. AWS820634
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. DV-2021-0110
Having been assessed civil penalties totaling $6,779.14 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated, August 25, 2021, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative
hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment
document. The undersigned further understands that all evidence presented in support of remission
of this civil penalty must be submitted to the Director of the Division of Water Resources within
thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission
request will be allowed after thirty (30) days from the receipt of the notice of assessment.
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October 16, 2021
Jeff Poupart
Chief Water Quality Permitting Section
DWR
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Subject: Submission of a written request for remission of fines
Assessment of Civil Penalties for Violations of 15A NCAC 2T.0105 (e)(2)
Farm # 820634
We are requesting remission of the fines accessed for the event in February, 2021. In our years
of raising pigs, we have always tried to do everything by the book. We have tried to be good
growers, good neighbors, and good stewards of the land and environment. Nothing could have
prepared us for the events of the Fall/Winter of 2020-2021. The fall is a busy time for us so I
always try to get our lagoon pumped down and we had. In August, the lagoon level was
beyond the stick. We were thinking we would not have to pump until Spring, but that was not
the case. Due to ongoing rain, we pumped during the Fall and Winter and we steadily lost
freeboard.
Then the torrential rains hit in February. When I went to check on the lagoon after the heavy
downpours and saw our lagoon was at a level I never seen, I was in a panic. There was just a
narrow strip of land showing above the water between the lagoon and the houses. Water was
going in the back of the houses, which appeared to be going in the lagoon. At 6 inches of
freeboard, we didn't need any more water in the lagoon. As I walked, the berm felt soft,
especially over the pipes going to the lagoon. I was terrified of a potential breach. The only
thing I could do was to immediately drain the water on the house side of the berm. That is the
sole reason I made trenches to the ditch. What would have been the alternative? What should
I have done? I knew doing nothing was not the answer.
It wasn't until much later that I realized something was wrong. The water had been clear and
as I worked the high spots is when I became aware there had been a spill that I was stirring. We
had been out of town when the blockage occurred. I was informed of the blockage, but not the
spill. It was never my intent for anything to escape the houses or farm and enter the ditch.
There was very little that did get to the ditch as most of the water had drained already.
When Curtis Barwick called for our lagoon level (6"), he told me the state would be coming to
laser the stick. Later, when I saw what I had, I made no effort to hide what had happened. I
didn't bring in dirt to dress it up. I didn't try to wash it away with more water. I thought it was
the inspector that was coming and it was there to be seen. I realize not calling in the spill was a
mistake, but it was not an attempt to hide the event.

I feel the amount of the fine is based on the belief I was trying to hide the event and or
intentionally allowing it reach the ditch and that is not the case. I made errors not calling and I
understand that. However, my errors were based on an event and circumstances that we had
never experienced before. I have been forthcoming and honest about it all. The stress I felt
that day hasn't been matched many times in my life. I will say again, I never intended for any
waste, no matter how little, to enter the ditch. Several statements were made that we
trenched to the ditch and that is true. However, I was trying to trench rain water and in my
mind trying to avert a potential breach. We have been through numerous hurricanes with rain
measuring in feet and have never been in single digits of freeboard. This was not normal, yet I
feel we are being looked at as if it were.
I think our record over the years has shown a wiliness to comply and do things right. We
decided to invest $68,000 for a center pivot for three hog houses that produces $50,000 less
income annually than 15 years ago. We never want to be in this predicament again. This makes
no financial sense, but we felt we had to invest if we plan to continue growing hogs. We have
never been accessed any penalties in the past and it would be greatly appreciated if you would
reconsider this fine as we have already spent $68,000 to help prevent this issue Adding $6000
in fines just makes it more financially difficult.
Tammy Peterso6'