HomeMy WebLinkAbout820352_Remission (Decision)_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: Mary Jo Robinson County: Bladen
Case No.: DV-2021-0111 Permit No: AWS820352
Case Background and Assessment
October 1, 2019
DWR issued COC No. AWS820634 to Mary Jo Robinson for J.D. Teachey Sow Farm
A&B.
January 20, 2021
April 30, 2021
On January 20, 2021 during a Structure Evaluation inspection site visit, DWR staff
documented with pictures and water samples that waste was flowing from one of the hog
houses at the foundation into the storm water drain system which discharges to a ditch
which flows to another ditch on the adjoining property. The adjoining ditch is an unnamed
tributary to Panther Branch, and water samples confirmed waste was present in this ditch.
DWR staff noticed waste was flowing from a hog house during the lagoon bank inspection,
and DWR staff took a few minutes to look at the area and quickly discovered the waste
was flowing into the storm water drain system. Mr. Strickland (the farm manager) stated
on January 21, 2021 that he had noticed the area but thought it was rain water and did not
investigate it any further. Mr. Strickland also stated he did not walk his lagoon banks as
often as required by the Permit.
On April 30, 2021, the Division issued a Notice of Violation (NOV/NOI) with intent to
enforce through the civil penalty assessment process to Mary Jo Robinson identifying
violations of N.C.G.S. 143-215.1 and Permit No. AWG100000.
September 29,
2021
Mary Jo Robinson was assessed a civil penalty of $8956.06 ($8000.00 civil penalty plus
$956.06 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.2 of the General Permit AWG100000 for failure to
maintain a vegetative cover suitable for irrigation at the land application sites in
accordance with the CAWMP.
$1000.00 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 III.1 for failing to properly inspect the subsurface
drain outlets, ditches, and drainage ways for any discharge of waste.
$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 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: D6F8B403-A2AF-4594-B172-5DFE9C81CDF2
Remission Request (Summary)
November 4, 2021
Remission request signed
November 10, 2021 Remission request received
Summary: The permittee did not dispute the findings of the violation. The violation was 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.
The permittee says immediate actions were taken to address the problem.
Enforcement History
June 2016 – NOD – for 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 12.5% = $1000.00 (enter amount to remit)
Comment:
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. 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.
DWR Central Office Recommendation (Check One)
Request Denied
Full Remission Retain Enforcement Costs? Yes No
Partial Remission 12.5% = $1000.00___ (enter amount to remit)
Comment:
DocuSign Envelope ID: D6F8B403-A2AF-4594-B172-5DFE9C81CDF2