820464_DV-2021-0049 F&D_20220223

DocuSign Envelope ID: 79DA21 F4-A8AB-403F-BBC0-419235650BFA
STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF
MURPHY-BROWN LLC
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-2021-0049
FINDINGS AND DECISION
AND ASSESSMENTS OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Deparinient 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. Murphy -Brown LLC owned and operated Farm 2046, a swine animal feeding operation
located at 881 Gardenia Lane, Clinton NC, 28328, in Sampson County.
B. Murphy -Brown LLC was issued Certificate of Coverage AWS820464 under General Permit
AWG100000 for Farm 2046 on October 1, 2019, effective upon issuance, with an expiration
date of September 30, 2024.
C. Condition L1 of General Permit AWG100000 states "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 conveyance, direct application, direct discharge or
through ditches, terraces, or grassed waterways not otherwise classified as state waters." —
[G.S. §143-215.10C]
D. On February 16, 2021, Division staff received a telephone call from Mr. Michael Norris of
Murphy -Brown LLC reporting a discharge of waste from a containment area at the Farm
2046 facility. Division staff conducted a site visit and documented with photographs that
waste had bypassed the secondary containment area through an open valve, causing a
discharge of waste into the nearby Gilmore Swamp. It is estimated approximately 800 gallons
of waste reached Gilmore Swamp.
E. Murphy -Brown LLC had no valid permit for the above -described activity.
F. On April 30, 2021 the Division issued a Notice of Violation (NOV/NOI) with intent to
enforce through the civil penalty assessment process to Murphy -Brown LLC identifying
violations of N.C.G.S. 143-215.1 and the General Permit AWG100000.
G. The NOV was sent by certified mail, return receipt requested and received on May 6, 2021.
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DocuSign Envelope ID: 79DA21 F4-A8AB-403F-BBC0-419235650BFA
H. The cost to the State of the enforcement procedures in this matter totaled $589.30.
Based upon the above Findings of Facts, I make the following:
II. CONCLUSIONS OF LAW:
A. Murphy -Brown LLC is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4).
B. Unnamed tributary to Gilmore Swamp that leads to Six Runs Creek 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 Gilmore Swamp as stated in Findings of Fact I.D
violates Condition L1 of General Permit AWG100000 which prohibits the discharge of waste
to State waters.
E. Murphy -Brown LLC 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.
F. 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.
G. 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 Facts and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Murphy -Brown LLC owner of Farm 2046, at the time of the noncompliance is
hereby assessed a civil penalty of:
$ 4,000.00
$ 4,000.00
$ 589.30
$ 4,589.30
For violation of Condition I.1 of the General Permit AWG100000 for
discharging of animal waste to Waters of the State without a permit as
required by G.S. 143-215.1.
TOTAL CIVIL PENALTY
Enforcement costs
TOTAL AMOUNT DUE
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DocuSign Envelope ID: 79DA21 F4-A8AB-403F-BBC0-419235650BFA
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 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 Murphy -Brown
LLC in accordance with N.C.G.S. 143-215.6(A)(d).
3/2/2022
(Date)
DocuSigned by:
E
-B1-9B648aP 47-8...
Jeff Poupart, Chief
Water Quality Permitting Section
Division of Water Resources
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