HomeMy WebLinkAbout820634_DV-2021-0110 Summary and Recommendations_20211210rev 1.0 - 8.31.09
Remission Request Summary and Recommendation
To: S. Daniel Smith
From: Trent Allen Date: _11/23/2021 Region: FRO
Reviewed by: Jeff Poupart _ Date: _12/10/2021____
WQP Section Chief (initials)
Assessed Party: Tammy Butler Peterson County: Bladen
Case No.: DV-2021-0110 Permit No: AWS820634
Case Background and Assessment
October 1, 2019
DWR issued COC No. AWS820634 to Tammy Butler Peterson for Tammy Peterson
Farm.
February 21, 2021
March 30, 2021
On February 25, 2021, DWR staff was on site at the Tammy Peterson Farm surveying the
lagoon. DWR was surveying due to the fact that the lagoon was reported to DWR as a
lagoon level non-compliant. The freeboard marker reading was reported to DWR as 7
inches. During the lagoon survey, DWR staff noticed that waste had appeared to have
discharged from house two (2) and flowed into the drainage system designed to divert rain
water away from the lagoon. DWR then noticed that there were multiple trenched paths
that allowed the waste to flow into the ditch at the corner of the lagoon that runs behind
the lagoon. DWR staff documented with pictures and water samples that the waste had
entered the ditch. Mr. John Peterson stated on February 26, 2021 that the discharge pipe
going into the lagoon had a blockage which caused the waste to flow out of the hog house.
On March 30, 2021 the Division issued a Notice of Violation (NOV/NOI) with intent to
enforce through the civil penalty assessment process to Tammy Butler Peterson
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.
August 25, 2021 Tammy Butler Peterson was assessed a civil penalty of $6779.14 ($6000.00 civil penalty
plus $779.14 investigative costs):
$4000.00 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 violation of Condition II.1 of the General Permit AWG100000 for failure to
properly operate and maintain the collection, treatment, and storage facilities, and the
land application equipment and fields 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
management system resulting in a discharge to ditches, surface waters, or wetlands.
September 22,
2021
Green card indicated delivery of the assessment document.
DocuSign Envelope ID: 1420D040-83D7-4AE8-BDD7-8705C15ADA1B
Remission Request (Summary)
October 16, 2021
Remission request signed
October 25, 2021 Remission request received
Summary: The permittee did not dispute the findings of the violation. The violation was inadvertent and a result
of heavy rains resulting in high freeboard. The permittee says immediate actions were taken to address the
problem. The permittee says “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” .
Enforcement History
Feb. 2020 – NOD for high freeboard
May 2020 – NOD for high freeboard
June 2020 – NOD noncompliant 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% = $1500.00 (enter amount to remit)
Comment:
The clogged pipes were repaired and the house was repaired where the leak occurred, but the waste in the
ditch was never recovered. The waste in the diversion ditch was trenched into another ditch to alleviate the
pressure on the lagoon wall. This water should have been checked before releasing it into the farm drainage
ditch. This farm has not been assessed penalties for previous violations.
DWR Central Office Recommendation (Check One)
Request Denied
Full Remission Retain Enforcement Costs? Yes No
Partial Remission 25% = $1500.00____ (enter amount to remit)
Comment:
DocuSign Envelope ID: 1420D040-83D7-4AE8-BDD7-8705C15ADA1B