820014_DV-2020-0162 CPA F&D_20220218

DocuSign Envelope ID:38E8EF1A-1BFA-45DA-895A-D2E6F409C959
STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF SAMPSON
IN THE MATTER OF
MICHELE T. GRADY
FOR VIOLATIONS OF SWINE WASTE
MANAGEMENT SYSTEM
GENERAL PERMIT AWG100000
PURSUANT TO NORTH CAROLINA
GENERAL STATUTE 143-215.1
FILE NO. DV-2020-0162
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department 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. Michele T. Grady owned and operated Pine Ridge Farm #2, a swine operation located along
Pine Ridge Road (SR 1904) Faison, NC. Sampson County.
B. Michele T. Grady was issued Certificate of Coverage AWS820014 under General Permit
AWG100000 for Pine Ridge Farm #2 on March 9, 2019, effective from the date of issuance,
with an expiration date of September 30, 2024.
C. G.S. 143-215.1(a) states: "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 General Permit AWG100000 states in part: "Any discharge of waste which
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 and direct discharge or
through ditches not otherwise classified as State waters."
E. On September 14, 2020 at around 3:45 PM, DWR staff received an email containing aerial
pictures of the Pine Ridge Farm #2. The pictures showed evidence of the irrigation system
operating around 11:00 AM with evidence of ponded waste and runoff. On September 14,
2020 during a complaint inspection site visit at 7:05 PM, DWR staff documented with pictures
that waste was ponded in the spray field behind the lagoon on pull 4C. A high volume of waste
was flowing from the field and entering the woods in the direction of Mill Swamp. DWR staff
documented with pictures that the chain was broken on the reel which prevented the gun cart
from retrieving in for more than 5 hours. The flow of waste was contained around 9:00 PM by
Mr. Grady's farm staff and documented by DWR staff. On September 15, 2020, DWR staff
collected waste samples from the spray field, upstream and downstream in Mill Swamp, and
results of these samples confirm that waste from spray field discharged into waters of the state.
According to the press release it states that the Pine Ridge #2 farm had a wastewater spill on

DocuSign Envelope ID:38E8EF1A-1BFA-45DA-895A-D2E6F409C959
September 14, 2020 of 1000 gallons more or less from a spray field on the Pine Ridge Farm
#2. The waste entered a creek that connects to Mill Swamp.
F. Condition IL1 of General Permit AWG100000 states, the collection, treatment, and storage
facilities, and the land application equipment and fields shall always be properly operated and
maintained. — [15A NCAC 02T .1304(b)]
G. On September 14, 2020, DWR staff documented with pictures that the chain was broken on
the reel which prevented the gun cart from retrieving in for more than 5 hours. In addition, no
one noticed the gun carts failed to move back to the reels for hours. Also, the turban belt that
drives the hose reel was off one reel and the other reel, the drive chain was off. Both carts had
moved less than 200 feet back to the reel. It is reasonable to assume whoever conducted the
waste application should have seen the ponded waste as well as the broken chain and turban
belt on the reels if they had conducted the 120 inspection as specified in the permit.
H. Condition IL5 of General Permit AWG100000 states: "in no case, shall land application rates
result in excessive ponding or any runoff during any given application events." — [15A NCAC
02T .1304(b)]
On September 14, 2020 during a complaint inspection site visit at 7:05 PM, DWR staff
documented with pictures that waste was ponded in the spray field behind the lagoon on pull
4C. A high volume of waste was flowing from the field and entering the woods in the direction
of Mill Swamp.
J. Condition 11.17 of the AWG100000 General Permit states: "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. 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, spray field number and name of the operator for each
inspection. Inspection shall include but not be limited to visual observation of application
equipment, spray fields, subsurface drain outlets, ditches, and drainage ways for any discharge
of waste." [15A NCAC 8F .0203(b) and 15A NCAC 02T . 0108(c)J
K. The OIC failed to inspect application equipment, spray fields, ditches, and drainage ways for
any discharge of waste. Mr. Grady told DWR staff that he conducted inspection at 1:00 PM
and 3:30 PM with no one going into the field to look at the application site according to his
statements. In addition, no one noticed the gun carts failed to move back to the reels for hours.
Also, the turban belt that drives the hose reel was off one reel and the other reel, the drive
chain was off. Both carts had moved less than 200 feet back to the reel. It is reasonable to
assume whoever conducted the waste application should have seen the ponded waste as well
as the broken chain and turban belt on the reels if they had conducted the 120 inspection as
specified in the permit.
L. On September 29, 2020 the Division issued a Notice of Violation (NOV/NOI) with intent to
enforce through the civil penalty assessment process to Michele T. Grady identifying
violations of N.C.G.S. 143-215.1 and Permit No. AWS820014 the violations include the
unlawful discharge of wastes to waters of the State.
M. The NOV was sent by certified mail, return receipt requested and received on October 2, 2020.
N. The cost to the State of the enforcement procedures in this matter totaled $1,198.22.

DocuSign Envelope ID:38E8EF1A-1BFA-45DA-895A-D2E6F409C959
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Michele T. Grady is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-
212(4).
B. Unnamed tributary to Mill 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 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 as stated in Findings of Fact I.E violates Condition I.1 of General
Permit AWG100000 that requires no animal waste be discharged to surface waters and /or
wetlands of the state.
F. The above -cited conditions described in Findings of Fact I.G. violates Condition II.1 of the
AWG100000 General Permit to properly operate and maintain the collection, treatment, and
storage facilities, and the land application equipment and fields always.
G. The above cited excessive ponding and runoff during application events as stated in Findings
of Fact LI violates Condition IL5 of General Permit AWG100000.
H. The above cited failure of OIC to inspect the land application as often as necessary to ensure
that the animal waste is land applied in accordance with the CAWMP as stated in Findings of
Fact I.K. violates Condition II.17 of General Permit AWG100000 requiring that the Operator
in Charge (OIC) or a person under the supervision of an OIC to inspect application equipment,
spray fields, subsurface drain outlets, ditches, and drainage ways for any discharge of waste.
I. Michele Grady 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.
J. 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.
K. 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, Michele T. Grady, owner of Pine Ridge Farm #2 at the time of the noncompliance is
hereby assessed a civil penalty of:

DocuSign Envelope ID:38E8EF1A-1BFA-45DA-895A-D2E6F409C959
$4000.00
$500.00
For violation of Condition L1 of General Permit AWG100000 for discharge
of animal waste to the waters of the State without a permit as required by G.S.
143-215.1.
For violation of Condition IL 1. of General Permit AWG100000 for failing to
properly maintain the waste collection, treatment, and storage facilities at all
times.
$1000.00 For violation of Condition IL5 of the General Permit AWG100000 for failure
to prevent excessive ponding and runoff of waste during application events.
$1500.00
$7,000.00
$1198.22
$8,198.22
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 application equipment, spray fields, subsurface drain outlets,
ditches, and drainage ways for any discharge of waste.
TOTAL CIVIL PENALTY.
Investigation costs assessed.
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 Michele T. Grady in
accordance with N.C.G. S. 143-215.6(A)(d).
3/2/2022
(Date)
DocuSigned by:
F899B619DB2478...
Jeff Poupart
Water Quality Permitting Protection
Division of Water Resources