820116_PC-2020-0030 CPA F&D_20210609

DocuSign Envelope ID: 73EEBCDO-A94B-406B-86C9-FEBBA15B7BA3
STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF SAMPSON
IN THE MATTER OF
MICHAEL A. CARTER
FOR VIOLATIONS OF SWINE WASTE
MANAGEMENT SYSTEM
GENERAL PERMIT AWG100000
PURSUANT TO NORTH CAROLINA
GENERAL STATUTE 143-215.1
FILE NO. PC-2020-0030
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Depailnient of Environmental Quality and
the Director of the Division of Water Resources, I, Jeff Poupart, Chief of the Water Quality Permitting
Section of the Division of Water Resources (DWR), make the following:
L FINDINGS OF FACT:
A. Michael A. Carter owned and operated Michael Carter Farm, a swine operation located
along 3118 Ozzie Road Clinton NC. in Sampson County.
B. Michael A. Carter was issued Certificate of Coverage AWS820116 under General Permit
AWG100000 for Michael Carter Farm on October 31, 2019 effective from the date of
issuance, with an expiration date of September 30, 2024.
C. Condition IL1 of General Permit AWG100000 states, "the collection, treatment, and
storage facilities, and the land application equipment and fields shall be properly operated
and maintained at all times." — [15A NCAC 02T .1304(b)]
D. On December 23, 2019, DWR Staff conducted the routine compliance inspection for
Permit No. AWS820104 with Michael A. Carter the OIC. During the inspection, DWR
Staff documented that the waste application equipment had flat tires, a broken gear box,
and no drive chain from the turban drive sprocket to the drum sprocket. The waste
application equipment had not been moved as documented in the IRR 2 forms. The gun
cart was not pulled out as designed; this was confirmed through observation of a Google
Maps satellite image. Mr. Carter stated that he pulled the gun cart manually to different
spots about every thirty (30) minutes due to the gearbox being broken. The Bermuda stand
was observed to be very weak, almost non-existent, in all the spray fields.
E. Condition IL17 of General Permit AWG100000 states, "the Operator in Charge (OIC), a
designated Back-up OIC of a Type A Animal Waste Management System, or a person
under the supervision of an OIC or designated Back-up OIC shall inspect the land
application site as often as necessary to ensure that the animal waste is land applied in
accordance with the CAWMP. In no case shall the time between inspections be more than

DocuSign Envelope ID: 73EEBCDO-A94B-406B-86C9-FEBBA15B7BA3
120 minutes during the application of waste. A record of each inspection shall be recorded
on forms supplied by, or approved by, the Division and shall include the date, time, land
application area used, and name of the operator for each inspection... Inspection shall
include but not be limited to visual observation of application equipment, land application
area, subsurface drain outlets, ditches, and drainage ways for any discharge of waste." —
[15A NCAC 8F .0203(b) and 15A NCAC 02T .0108(c)]
F. On December 23, 2019, DWR Staff conducted the routine compliance inspection for
Permit No. AWS820104 with Michael A. Carter the OIC. During the inspection it was
documented that the waste application equipment was not operated as designed in the
Waste Utilization Plan. The irrigation equipment was observed to have flat tires, a broken
gear box, and a missing drive chain. Mr. Carter stated that he pulled the gun cart manually
to different spots about every thirty (30) minutes due to the gearbox being broken. Mr.
Carter, the OIC of this farm, stated he willfully operated the irrigation system knowing it
was broken and could not operate as designed.
G. Condition II1.6 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... These records must be on forms supplied by, or
approved by, the Division." — [G.S. §143-215.10C(e)(8)]
H. On December 23, 2019, DWR staff documented with photos that the waste application
equipment had not been moved as designed. Visual observation of the irrigation reel
revealed it to be poorly maintained and unable to operate as designed. Other reels were
observed to be in similar states of disrepair. The gun cart was observed pulled completely
out and had a broken gear box and missing drive chain on the reel, meaning the gun cart
would be near impossible to be moved. IRR 2 forms documented that waste was applied
on most of the hydrants which is unlikely due to the fact the reel could not be easily
moved. Additionally, observations of Google Earth satellite images of the farm confirmed
that the reels had not been moved often throughout the last few years. This observation
supported the claim made by Mr. Carter when he stated that he pulled the gun cart
manually to different locations about every thirty (30) minutes during irrigation due to the
gearbox being broken.
Condition I126 of General Permit AWG100000 states "all waste application equipment
must be tested and calibrated at least once every two calendar years. The results must be
documented on forms provided by, or approved by, the Division." — [15A NCAC 02T
.1304(b)(9)]
J. On December 23, 2019 DWR Staff conducted the routine compliance inspection for
Permit No. AWS820104 with Michael A. Carter the OIC. DWR Staff documented that
Mr. Carter had tested and calibrated his waste application equipment. Based on photos
taken during the inspection and Google Earth images of the farm for the past few years, it
was concluded that any attempt to calibrate this equipment could not provide accurate
gallons per minute or wetted diameter.
K. Condition III.17(b) of General Permit AWG100000 states, "The Permittee shall 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 any of
the following events: (b) Any failure of the waste treatment and disposal system that

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renders the facility incapable of adequately receiving, treating, or storing the waste and/or
sludge." — [15A NCAC 02T .0108(b)]
L. On December 23, 2019, DWR Staff conducted the routine compliance inspection for
Permit No. AWS820104 with Michael A. Carter the OIC. During the inspection DWR
Staff documented that the waste application equipment was inoperable and could not be
used as designed. The state of disrepair of the irrigation equipment indicated it was likely
that it had been unable to operate as designed for the past several years.
M. Michael A. Carter had no valid permit for the above -described activity.
N. On April 14, 2020 the Division issued a Notice of Violation (NOV/NOI) with intent to
enforce through the civil penalty assessment process to Michael A. Carter identifying
violations of N.C.G.S. 143-215.1 and Permit No. AWG100000.
O. The NOV was sent by certified mail, return receipt requested and received on April 29,
2020.
P. The cost to the State of the enforcement procedures in this matter totaled $354.98.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Michael A. Carter is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4).
B. A permit for an animal waste management system is required by N.C.G.S. 143-215.1.
C. The above -cited failure to properly maintain the irrigation equipment and land application
sites as stated in Findings of Fact 1.D violates Condition IL1 of General Permit
AWG100000 which states the collection, treatment, and storage facilities, and the land
application equipment and fields shall be properly operated and maintained at all times.
D. The above -cited failure of the OIC to properly inspect the land application equipment and
application areas as stated in Findings of Fact I.F violates Condition II.17 of the General
Permit AWG100000 which states it is the responsibility of the OIC to ensure that waste is
properly land applied in accordance with the facility's CAWMP.
E. The above -cited failure to maintain truthful and accurate records of land application events
as stated in Findings of Fact I.H violates condition IIL6 of the General Permit AWG100000
which states the Permittee shall record all irrigation and land application events.
F. The above -cited failure to properly calibrate the waste application equipment as stated in
Findings of Fact I.J violates Condition IL26 of the General Permit AWG100000 which
states all waste application equipment must be tested and calibrated at least once every two
calendar years.
G. The above -cited failure to notify the appropriate Division Regional Office of the inability
of the waste application equipment to operate as designed as stated in Findings of Fact I.L
violates Condition III.17(b) of the General Permit AWG100000 which states the Permittee

DocuSign Envelope ID: 73EEBCDO-A94B-406B-86C9-FEBBA15B7BA3
shall 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 any of the following events: (b) Any failure of the waste treatment and
disposal system that renders the facility incapable of adequately receiving, treating, or
storing the waste and/or sludge.
H. Michael A. Carter 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 apply for or to secure a permit required by G.S. 143-215.1.
General Statute 143-215.3(a)(9) and G.S. 143B-282.1(b)(8) provides that the reasonable
costs of any investigation, inspection or monitoring survey may be assessed against a
person who violates any regulations, standards, or limitations adopted by the
Environmental Management Commission or violates any terms or conditions of any permit
issued pursuant to N.C.G.S. 143-215.1, or special order or other document issued pursuant
to N.C.G.S. 143-215.2.
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.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Michael A. Carter, owner of Michael Carter Farm at the time of the noncompliance
is hereby assessed a civil penalty of:
$ 5,000.00 For violation of Condition IL 1 of the General Permit AWG100000
for failure to maintain the waste application equipment and waste
application sites.
$ 1,500.00 For violation of Condition IL17 of the General Permit
AWG100000 for failure of the OIC to inspect the waste
application equipment and waste application sites.
$ 1,000.00 For violation of Condition IIL6 of the General Permit
AWG100000 for failure to record all irrigation and land
application events.
$ 1,000.00 For violation of Condition IL26 of the General Permit
AWG100000 for failure to properly calibrate the waste
application equipment.
$ 500.00 For violation of Condition III.17(b) of the General Permit
AWG100000 for failure to report to the appropriate Division

DocuSign Envelope ID: 73EEBCDO-A94B-406B-86C9-FEBBA15B7BA3
Regional Office within twenty-four (24) hours of first knowledge
of the inability of the waste application equipment to operate as
designed.
$ 9,000.00 TOTAL CIVIL PENALTY which is percent of the
maximum penalty authorized by N.C.G.S. 143-215.6A.
$ 354.98 Enforcement costs
$ 9,354.98 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at 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 water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(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 Michael A. Carter
in accordance with N.C.G.S. 143-215.6(A)(d).
6/9/2021
(Date)
,--DocuSigned by:
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Jeff Poupart, Chief
Water Quality Permitting Section
Division of Water Resources