090040_DV-2020-0107 CPA F&D_20210628

DocuSign Envelope ID: 248A483E-35B9-4DCC-96BD-018E59CC84BD
STATE OF NORTH CAROLINA
COUNTY OF BLADEN
IN THE MATTER OF
DANIEL T. ALFORD
FOR VIOLATIONS OF SWINE WASTE
MANAGEMENT SYSTEM
GENERAL PERMIT AWG100000
PURSUANT TO NORTH CAROLINA
GENERAL STATUTE 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
FILE NO. DV-2020-0107
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:
I. FINDINGS OF FACT:
A. Daniel T. Alford owned and operated A&H Hog Farm LLC, a swine operation located
along 320 Duncan Rd. Clarkton NC. in Bladen County.
B. Daniel T. Alford was issued Certificate of Coverage AWS090040 under General Permit
AWG100000 for A&H Hog Farm LLC on October 1, 2019 effective from the date of
issuance, with an expiration date of September 30, 2024. This permit does not allow the
discharge of waste to waters of the State.
C. G.S. 143-215.1(a) states that "no person shall do the following things or carry out any of
the following activities unless the person has received a permit from the Commission and
has complied with all the conditions set forth in the permit: made any outlets into the waters
of the State.".
D. Condition L1 of General Permit AWG100000 states in part that "any discharge of waste
that reaches surface waters or wetlands is prohibited except as otherwise provided in this
General Permit and associated statutory and regulatory provisions. Waste shall not reach
surface waters or wetlands by runoff, drift, manmade conveyances, direct application,
direct discharge or through ditches, terraces, or grassed waterways not otherwise classified
as state waters." — [G.S. §143-215.10C]
E. On July 27, 2020, DWR staff conducted a routine compliance inspection site visit to the
A&H Hog Farm facility. During the inspection, DWR staff documented the presence of
ponded waste in the spray fields and in a drainage area adjacent to the lagoon. It was
documented with photos and water samples that the waste had entered an unnamed
tributary to Brown Marsh Swamp.
F. Condition III.17(g) of General Permit AWG100000 states in part that "the Permiee 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

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any of the following events: (g) An application of waste either in excess of the limits set
out in the CAWMP or where runoff enters ditches, surface waters, or wetlands." — [15A
NCAC 02T .0108(b)]
G. On July 27, 2020, during a routine compliance inspection to the A&H Hog Farm facility,
DWR staff documented the presence of waste ponded in the spray field and in a drainage
area next to the lagoon. It was documented with photos and water samples that the waste
had entered an unnamed tributary to Brown Marsh Swamp. According to farm records, the
previously documented waste application event occurred July 19, 2020, which was more
than 24 hours prior to the July 27, 2020 compliance inspection. DWR has no record of
receiving a notice of the discharge of waste within 24 hours of its occurrence.
H. Condition IL5 of General Permit AWG100000 states that "in no case shall land application
result in excessive ponding or any runoff during any given application event. — [15A NCAC
02T .1304(b)]
On July 27, 2020, during a routine compliance inspection to the A&H Hog Farm facility,
DWR staff documented the presence of waste ponded in the spray field and in a drainage
area next to the lagoon. The waste was ponded in the field in several locations in front of a
gun cart utilized in a spray event that, according to farm records, took place July 19, 2020.
DWR staff documented with photos and samples that the ponded waste was allowed to
travel from the field to a drainage feature next to the lagoon, before ultimately discharging
to an unnamed tributary to Brown Marsh Swamp.
J. Condition 11.17 of General Permit AWG100000 states that "the OIC (Operator in Charge),
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
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. If neither the OIC or
designated Back-up OIC was present during land application, then the OIC or designated
Back-up OIC shall inspect the land application area within twenty-four (24) hours.
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)]
K. On July 27, 2020, during a routine compliance inspection to the A&H Hog Farm facility,
DWR staff documented the presence of waste ponded in the spray field and in a drainage
area next to the lagoon. DWR staff documented that the waste was allowed to pond to such
an extent that it had discharged into an unnamed tributary of Brown Marsh Swamp. The
extent to which the waste had ponded is indicative that the OIC failed to properly inspect
the waste application.
L. Condition IL2 of General Permit AWG100000 states that "a vegetative cover shall be
maintained as specified in the facility's CAWMP on all land application fields and buffers
in accordance with the CAWMP. No waste shall be applied upon areas not included in the
CAWMP or upon areas where the crop is insufficient for nutrient utilization. However, if
the CAWMP allows, then waste may be applied up to thirty (30) days prior to planting or
breaking dormancy." — [15A NCAC 02T .1304(b)]

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M. On July 27, 2020, DWR staff conducted a routine compliance inspection site visit to the
A&H Hog Farm facility. During the inspection, DWR staff documented with photos the
lack of a stand of Bermuda Grass capable of proper nutrient utilization in the spray fields
as was required per the CAWMP.
N. Daniel T. Alford had no valid permit for the above -described activity.
O. On August 19, 2020, the Division issued a Notice of Violation (NOV/NOI) with intent to
enforce through the civil penalty assessment process to Daniel T. Alford identifying
violations ofN.C.G.S. 143-215.1 and Permit No. AWS090040. The violations included the
unlawful discharge of wastes to waters of the State.
P. The NOV was sent by certified mail, return receipt requested and received on August 22,
2020.
Q. The cost to the State of the enforcement procedures in this matter totaled $728.24.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Daniel T. Alford is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4).
B. Unnamed tributary to Brown Marsh Swamp constitutes waters of the State within the
meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
C. A permit for an animal waste management system is required by N.C.G.S. 143-215.1.
D. The above cited discharge of waste to the unnamed tributary of Brown Marsh Swamp as
stated in Findings of Fact I.E constituted making an outlet to waters of the State for
purposes of G.S. 143-215.1(a)(1), for which G.S. 143-215.1 requires a permit.
E. The above cited discharge of waste to the unnamed tributary of Brown Marsh Swamp as
stated in Findings of Fact I.E violates Condition I.1 of General Permit AWG100000
requiring that no animal waste be discharged to surface waters and/or wetlands of the state.
F. The above cited failure to notify the appropriate Division Regional Office within 24 hours
of first knowledge of the discharge of waste as stated in Findings of Fact I.G violates
Condition IIL17(g) of General Permit AWG100000 requiring the Permittee 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 an
application of waste either in excess of the limits set out in the CAWMP or where runoff
enters ditches, surface waters, or wetlands.
G. The above cited failure to prevent the excessive ponding of waste during land application
as stated in Findings of Fact I.I violates Condition II.5 of General Permit AWG100000
requiring that in no case, shall land application rates result in excessive ponding or any
runoff during any given application event.

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H. The above cited failure to properly inspect the land application of waste as stated in
Findings of Fact I.K violates Condition 11.17 of General Permit AWG100000 requiring that
the Operator in Charge (OIC) or a person under the supervision of an OIC inspect the land
application as often as necessary to ensure that the animal waste is land applied in
accordance with the CAWMP.
The above cited failure to maintain a vegetative cover in the land application sites as
specified in the CAWMP as stated in Findings of Fact I.M violates Condition IL2 of
General Permit AWG100000 requiring that a vegetative cover be maintained as specified
in the facility's CAWMP.
J. Daniel T. Alford 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.
K. 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.
L. The Chief of the Water Quality Regional Operations 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, Daniel T. Alford, owner of A&H Hog Farm, LLC. at the time of the noncompliance
is hereby assessed a civil penalty of:
$ 4,000.00
$ 1,000.00
$ 1,000.00
For violation of Condition I.1 of General Permit AWG100000 for
making an outlet to the waters of the State without a permit as
required by G.S. 143-215.1.
For violation of Condition III.17(g) of General Permit
AWG100000 for failure to report to the appropriate Division
Regional Office within 24 hours of first knowledge of an over -
application of waste.
For violation of Condition IL5 of General Permit AWG100000 for
failure to prevent land application rates that resulted in excessive
ponding and runoff.

DocuSign Envelope ID: 248A483E-35B9-4DCC-96BD-018E59CC84BD
$ 500.00 For violation of Condition IL17 of General Permit AWG100000
for failure of the Operator in Charge (OIC) or a person under the
supervision of an OIC to inspect the land application as often as
necessary to ensure that the animal waste is land applied in
accordance with the CAWMP.
$ 500.00 For violation of Condition IL2 of General Permit AWG100000 for
failure to maintain a vegetative cover on all land application sites
in accordance with the facility's CAWMP.
$ 7,000.00 TOTAL CIVIL PENALTY
$ 728.24 Enforcement costs
$ 7,728.24 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;
The cost to the State of the enforcement procedures.
(8)
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 Daniel T. Alford
in accordance with N.C.G.S. 143-215.6(A)(d).Docusigned by:
7/21/2021
(Date)
J� (( Pee
FB1§B&49DD2478...
Jeff Poupart, Chief
Water Quality Permitting Section
Division of Water Resources