820083_PC-2021-0039 CPA F&D_20220224

DocuSign Envelope ID: 6FC36D19-671 B-44EB-A2BB-8B501 ECEF5FC
STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF
MICHAEL SCOTT MCLAMB
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. PC-2021-0039
FINDINGS AND DECISION
AND ASSESSMENTS OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Depaitnient of Environmental Quality and
the Director of the Division of Water Resources (DWR), I, Jeff Poupart, Chief of the Water Quality
Permitting Section of the Division of Water Resources (Division), make the following:
I. FINDINGS OF FACT:
A. Michael Scott McLamb owned and operated the Scott McLamb #1 & #2 & Robert McLamb
facility, a swine animal feeding operation located at 1364 Penny Tew Mill Rd. in Sampson
County.
B. Michael Scott McLamb was issued Certificate of Coverage (COC) AWS820083 under
General Permit AWG100000 for the Scott McLamb #1 & #2 & Robert McLamb facility on
October 1, 2019, effective upon 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 10, 2020, during a routine compliance inspection to the facility, Division staff
documented with photographs that all of the waste discharge pipelines connecting the swine
houses to the lagoon had been unearthed, leaving behind open channels that extended all the
way to the lagoon. The waste collection, treatment, and storage system was inoperable in this
state. During a follow-up inspection on January 6, 2021, Division staff documented that no
effort had been made to repair the discharge pipelines. Waste had risen to noncompliant
levels in the lagoon, and effluent was observed overflowing into the channels where the
discharge pipelines had been unearthed. Waste was also observed backing up in the swine
houses.
E. Condition IL27 of General Permit AWG100000 states "Any major structural repairs to
lagoons/storage ponds must have written documentation certifying proper design and
installation. Professional engineers, authorized federal employees, and technical specialists
with Structural Animal Waste designation may provide certification. However, if a piece of
equipment is being replaced with a piece of equipment of the identical specifications, no
certification is necessary [i.e. piping, reels, valves, pumps (if the gallons per minute (gpm)
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DocuSign Envelope ID: 6FC36D19-671 B-44EB-A2BB-8B501 ECEF5FC
capacity is not being increased or decreased), etc.] unless the replacement involves disturbing
the lagoon/storage pond embankment or liner." — [15A NCAC 02T .0108(b)]
F. On December 10, 2020, during a routine compliance inspection to the facility, Division staff
documented with photographs that all of the waste discharge pipelines connecting the swine
houses to the lagoon had been unearthed, leaving behind open channels that extended all the
way to the lagoon. The waste collection, treatment, and storage system was inoperable in this
state. Division staff documented that the facility could not provide certified documentation
authorizing the structural repair of the waste storage system at this time.
G. 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 renders the
facility incapable of adequately receiving, or storing the waste and/or sludge." — [15A NCAC
02T .0108(c)]
H. On December 10, 2020, during a routine compliance inspection to the facility, Division staff
documented with photographs that all of the waste discharge pipelines connecting the swine
houses to the lagoon had been unearthed, leaving behind open channels that extended all the
way to the lagoon. The waste collection, treatment, and storage system was inoperable in this
state. The Division has no record of being notified of the inoperable state of the waste system
at this facility.
I. Michael Scott McLamb had no valid permit for the above -described activity.
J. On March 30, 2021 the Division issued a Notice of Violation with Notice of Intent to Enforce
(NOV/NOI) through the civil penalty assessment process to Michael Scott McLamb
identifying violations of NCGS 143-215 et seq. and the General Permit AWG100000.
K. The NOV/NOI was sent via certified mail, return receipt requested, and was received on
April 2, 2021.
L. The cost to the State of the enforcement procedures in this matter totaled $637.96.
Based upon the above Findings of Facts, I make the following:
II. CONCLUSIONS OF LAW:
A. Michael Scott McLamb 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 NCGS 143-215.1.
C. The above -cited failure to properly maintain the waste collection, treatment, and storage
structures as stated in Findings of Fact I.D violates Condition IL1 of General Permit
AWG100000 which states that collection, treatment, and storage facilities must be maintained
at all times.
D. The above -cited failure to acquire documentation certifying proper design prior to
undertaking structural repairs to the waste storage structure as stated in Findings of Fact I.F
violates Condition IL27 of General Permit AWG100000 which states any major structural
repairs to lagoons/storage ponds must have written documentation certifying proper design
installation.
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DocuSign Envelope ID: 6FC36D19-671 B-44EB-A2BB-8B501 ECEF5FC
E. The above -cited failure to notify the Division of the inoperable state of the waste collection,
treatment, and storage system as stated in Findings of Fact I.H violates Condition III.17(b) of
General Permit AWG100000 which states the Permittee shall report to the Division as soon
as possible any failure of the waste treatment and disposal system that renders the facility
incapable of adequately receiving, treating, or storing waste.
F. Michael Scott McLamb 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.
G. 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 NCGS 143-
215.1, or special order or other document issued pursuant to NCGS 143-215.2.
H. 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:
DECISION:
Accordingly,
facility at the
$ 3000.00
Michael Scott McLamb, owner of the Scott McLamb #1 & #2 & Robert McLamb
time of the noncompliance is hereby assessed a civil penalty of:
$ 2000.00
$ 1000.00
$ 6000.00
$ 637.96
$ 6,637.96
For violation of Condition IL1 of General Permit AWG100000 for
failure to properly operate and maintain the waste collection, treatment,
and storage system.
For violation of Condition IL27 of General Permit AWG100000 for
failure to obtain documentation certifying proper design prior to
initiating structural repairs of the waste storage structure.
For violation of Condition III.17(b) of General Permit AWG100000 for
failure to notify the Division of the failure of the waste collection,
treatment, and storage system within twenty-four hours of first
knowledge of the event.
TOTAL CIVIL PENALTY
Enforcement costs
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;
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DocuSign Envelope ID: 6FC36D19-671 B-44EB-A2BB-8B501 ECEF5FC
(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 Michael R.
Corn in accordance with N.C.G.S. 143-215.6(A)(d).
DocuSigned by:
3/ 3/2 02 2 GY CAL"
aE13a9e64.gDD2478
(Date) Jeff Poupart, Chief
Water Quality Permitting Section
Division of Water Resources
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