820352_DV-2021-0111 Remission Factors_20211215

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS

Case Number: DV-2021-0111 Region: Fayetteville County: Sampson
Assessed Entity: Mary J. Robinson Permit: AWS820352

(a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:

(b) Whether the violator promptly abated continuing environmental damage resulting from
the violation:
Permittee States: Within 4 hours of DEQ employees coming to the farm we had this issue alleviated. We
spent approximately $2,000 hauling in fill dirt, rock, a backhoe rental, and patching the foundation of
the barns. This was a matter we took very seriously and immediately fixed.

DWR Response: The pump and haul was able to get some relief on the freeboard issues, but there really
was not a prompt way to abate the ponding waste and pumping on failed crops or failure to harvest the
crops in a timely manner.

(c) Whether the violation was inadvertent or a result of an accident:
Permittee States: Due to the high lagoon levels, caused by the extraordinarily high amounts of rainfall
that we had in 2020 the waste discharge pipes going to the lagoon backed up into the hog house. The
waste levels being abnormally high caused waste to seep out of the foundation of the house and into the
surface water diversion behind the hog house and into a drainage ditch.

DWR Response: The high freeboard levels caused the waste to back up into the houses causing the
waste spill. At no time were the animals removed from the farm to reduce the amount of waste generated
to help control the lagoon levels and to help reduce the amount of waste needing to be pumped on a
failed crop and extremely wet fields.

(d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States:
DWR Response: This farm has not been assessed a civil penalty for previous violations, but has been
issued several NOD’s and NOV’s in the past

(e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions:
Permittee States: Rainfall in 2020 costs my operation more than $225,000. This $225,000 was part of
my budget for updating and getting my spray fields in better shape. We are extremely regretful that all
this happened, and by no means would we ever have done any of this intentionally, and considering how
much we spent dealing with the problems from 2020 we would greatly appreciate any remission of fines.

DWR Response: Remedial actions have been completed.

DECISION (Check One)
Request Denied
Full Remission Retain Enforcement Costs? Yes No
Original Penalty (without Enforcement Costs) $8000.00______ (enter amount)
Partial Remission 12.5%____ or $1000.00 _____ (amount remitted)
Subtotal $7000.00_______
Retaining Enforcement Costs $956.06________
Total Revised Assessment $7956.06_______

Jeff Poupart Date
DocuSign Envelope ID: D6F8B403-A2AF-4594-B172-5DFE9C81CDF2
12/15/2021