960002_PC-2020-0024 CPA Findinds and Decision_20200913

DocuSign Envelope ID: F604F5DB-7380-4F9E-8CB2-1 E837D22DC4E
STATE OF NORTH CAROLINA
COUNTY OF WAYNE
IN THE MATTER OF
LEGACY FARMS INC.
FOR VIOLATIONS OF SWINE WASTE
GENERAL PERMIT AWG100000
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
File No. PC-2020-0024
FINDINGS AND DECISION
AND ASSESSMENTS OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Depailinent of Environmental
Quality, I, Jeff Poupart, Water Quality Permitting Section Chief of the Division of Water Resources make
the following:
I. FINDINGS OF FACT:
A. Legacy Farms, Inc. owns Legacy Farms #2, a swine animal feeding operation in Wayne
County.
B. Legacy Farms #2 was permitted with a Certificate of Coverage AWS960002 under General
Permit AWG100000 for Legacy Farm Inc. on October 1, 2019, effective upon issuance, with
an expiration date of September 30, 2024. The prior certificate of coverage was issued
October 1, 2014 and expired on September 30, 2019.
C. Condition No. IL 1. of General Permit AWG100000 states that "The collection, treatment, and
storage facilities, and the land application equipment and fields shall be properly operated
and maintained at all times."
D. On December 12, 2019, the Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), conducted a routine compliance inspection at this facility. It
was observed that small woody vegetation was growing on the banks and toe of the lagoons.
It was apparent the spray fields had not been mowed and harvested since spring (if then), and
tall dog fennel as well as other weeds were rampant.
E. Condition II.12, states, "Trees, shrubs, and other woody vegetation shall not be allowed to
grow on the lagoon/storage pond embankments. Lagoon/storage pond areas shall be
accessible, and vegetation shall be kept mowed."
F. On December 12, 2019, the Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), conducted a routine compliance inspection at this facility. It
was apparent the lagoon banks had not been mowed in some time with the exception of a
pathway providing access to view the freeboard marker. Small woody vegetation was
observed growing on the banks and toe of the lagoons.
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DocuSign Envelope ID: F604F5DB-7380-4F9E-8CB2-1 E837D22DC4E
G. Condition IIL5 of General Permit AWG100000 states "an analysis of a representative sample
of animal waste to be applied shall be conducted in accordance with recommended laboratory
sampling procedures as close to the time of application as practical and at least within sixty
(60) days (before or after) of the date of application."
H. On December 12, 2019, the Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), conducted a routine compliance inspection at this facility. It
was determined that a current waste analysis was missing from the records.
I. Condition IIL6 of General Permit AWG100000 states "The Permittee shall record all
irrigation and land application event(s) including hydraulic loading rates, nutrient loading
rates and cropping information."
J. On December 12, 2019, the Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), conducted a routine compliance inspection at this facility. It
was determined that completed irrigation (DRAG 2) forms were missing from the records.
K. Condition IIL8 of General Permit AWG100000 states "The Permittee must maintain weekly
stocking and mortality records for the facility."
L. On December 12, 2019, the Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), conducted a routine compliance inspection at this facility. It
was determined that the required weekly stocking and mortality records were missing from
the records.
M. Condition IIL22 of General Permit AWG100000 states "The Permittee shall conduct a survey
of the sludge accumulation in all lagoons every year... If the sludge accumulation is such that
the structure does not satisfy the criteria set by NC NRCS Conservation Practice Standard
No. 359, a sludge removal or management plan must be submitted to the appropriate Division
Regional Office within ninety (90) days of the determination."
N. On December 12, 2019, the Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), conducted a routine compliance inspection at this facility. It
was determined that current sludge surveys and a Sludge Plan of Action for lagoons 1 and 2
were missing from the records.
O. Subsequent to December 12, 2019 Legacy Farms, Inc. has provided partial records for the
items referenced in I.H, J., L., and N. above.
P. Legacy Farms, Inc. received the Notice of Intent (dated January 17, 2020) on January 25,
2020.
Q. The cost to the State of the enforcement procedures in this matter totaled $171.96.
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DocuSign Envelope ID: F604F5DB-7380-4F9E-8CB2-1 E837D22DC4E
Based upon the above Findings of Facts, I make the following:
II. CONCLUSIONS OF LAW:
A. Legacy Farms, Inc. is a "person" within the meaning of G. S. 143-215.6A pursuant to G. S.
143-212(4).
B. The above cited failure to maintain the lagoons and fields as stated in Findings of Fact I.D
violates Condition No. 11.1 of General Permit AWG100000 to properly maintain the waste
structure and spray fields.
C. The above cited failure to keep the lagoon embankments free of vegetation as stated in
Findings of Fact I.F violates Condition No. 11.12 of General Permit AWG100000 to prevent
trees, shrubs, or other woody vegetation from growing on the waste structure embankments.
D. The above cited failure to provide a current waste analysis as stated in Findings of Fact I.H
violates Condition No. 111.5 of General Permit AWG100000 to conduct a waste analysis
within sixty (60) days of land application of waste.
E. The above cited failure to provide completed irrigation (DRAG 2) forms as stated in Findings
of Fact I.J violates Condition No. 11L6 of General Permit AWG100000 to keep a record of all
irrigation and nutrient loading events on the fields.
F. The above cited failure to provide weekly stocking and mortality records as stated in Findings
of Fact LL violates Condition No. 111.8 of General Permit AWG100000 to maintain weekly
stocking and mortality records for the facility.
G. The above cited failure to provide current sludge surveys for the lagoons and failure to
provide a Sludge Plan of Action for lagoons 1 and 2 as stated in Findings of Fact I.N violates
Condition No. 11L22 of General Permit AWG100000 to conduct an annual sludge survey and
to provide a Sludge Plan of Action in the event the structure dos not satisfy the criteria set by
NC NRCS Conservation Practice Standard No. 359.
H. Legacy Farms, Inc. may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2), which provides that a civil penalty of not more than twenty-five thousand
dollars ($25,000.00) per violation may be assessed against a person who is required but fails
to act in accordance with the terms, conditions, or requirements of a permit required by G.S.
143-215.1.
I. The State's enforcement costs in this matter may be assessed against Legacy Farms, Inc.
pursuant to G. S. 143-215.3(a)(9) and G. S. 143B-282.1(b)(8).
J. The Chief of the Water Quality Permitting Section, Division of Water Resources, pursuant to
delegation provided by the Secretary of the Department of Environmental Quality and the
Director of the Division of Water Resources, has the authority to assess civil penalties in this
matter.
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DocuSign Envelope ID: F604F5DB-7380-4F9E-8CB2-1 E837D22DC4E
Based upon the above Findings of Facts and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Legacy Farms, Inc., owner of Legacy Farms #2, is hereby assessed a civil penalty
of:
$ 1,000.00 For violating Condition Nos. IL1. & 12. of General Permit AWG100000
for failure to maintain the lagoons and spray fields.
$ 500.00
For violating Condition Nos. IIL5., 6., 8., & 22. of General Permit
AWG100000 for failure to provide complete required records on date of
inspection.
$ 1,500.00 TOTAL CIVIL PENALTY
$ 171.96 Enforcement costs
$ 1,671.96 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the
factors listed in G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface quantity or quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentional;
(7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations
occurring after the assessment period indicated above. Each day of a continuing violation may be
considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties
and investigative cost may be assessed for any other rules and statutes for which penalties have
not yet been assessed.
V TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Legacy Farms,
Inc. in accordance with N.C.G.S. 143-215.6(A)(d).
DocuSigned by:
9/13/2020
(Date)
LSE4Dfl2?8
Poirwt
Jeff Poupart, Chief
Water Quality Permitting Section
Division of Water Resources
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