310475_PC-2022-0009 CPA F&D_20220224

DocuSign Envelope ID: 2C94ABOD-0B65-4FC2-96B3-8B95541A6BF8
STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF
RUFUS E. ROUSE
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-2022-0009
FINDINGS AND DECISION
AND ASSESSMENTS 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 (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. Rufus E. Rouse owned and operated Reedy Meadows Farm 1&2, a swine animal feeding
operation located at 1672 A Pasture Branch Road in Duplin County.
B. Reedy Meadows Farm 1&2 was issued Certificate of Coverage (COC) AWS310475 under
General Permit AWG100000 for Reedy Meadows Farm 1&2 on October 1, 2019, effective
upon issuance, with an expiration date of September 30, 2024.
C. Condition V.2 of General Permit AWG100000 states that "The maximum waste level in
lagoons/storage ponds shall not exceed that specified in the facility's CAWMP. At a
minimum, maximum waste level for lagoons/storage ponds must not exceed the level that
provides adequate storage to contain the 25-year, 24-hour storm event plus an additional one
(1) foot of structural freeboard except that there shall be no violation of this condition if: (a)
there is a storm event more severe than a 25-year, 24-hour event, (b) the Permittee is in
compliance with its CAWMP, and (c) there is at least one (1) foot of structural freeboard." —
[15A NCAC 02T .1304(b)]
D. On February 23, 2021, Division staff performed a structural evaluation site visit to the Reedy
Meadows Farm 1&2 facility. It was documented with photographs that effluent levels in the
two on -site lagoons had reached noncompliant levels. Freeboard levels in the lagoons were
documented to be 14 inches and 10 inches. The designed freeboard for both lagoons is 19.5
inches.
E. Condition No. III.17(e) of General Permit AWG100000 states that "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: (e) Failure to maintain storage capacity in a lagoon/storage pond greater
than or equal to that required in Condition V.2. of this General Permit." — [15A NCAC 02T
.0108(b)]
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DocuSign Envelope ID: 2C94ABOD-0B65-4FC2-96B3-8B95541A6BF8
F. On February 23, 2021, Division staff performed a structural evaluation site visit to the Reedy
Meadows Farm 1&2 facility. It was documented with photographs that effluent levels in the
two on -site lagoons had reached noncompliant levels. The Division has no record of
receiving a notification of the noncompliant effluent levels in the lagoons.
G. Rufus E. Rouse does not have a valid permit for the above -described activity.
H. On February 26, 2021 the Division issued a Notice of Violation with Notice of Intent to
Enforce (NOV/NOI) through the civil penalty assessment process to Rufus E. Rouse
identifying violations of N.C.G.S. 143-215 et seq. and the General Permit AWG100000.
I. The cost to the State of the enforcement procedures in this matter totaled $455.20.
Based upon the above Findings of Facts, I make the following:
II. CONCLUSIONS OF LAW:
A. Rufus E. Rouse is a "person" within the meaning of G.S. 143-215.6A pursuant to G. S. 143-
212(4).
B. The above -cited failure to maintain compliant waste levels in the lagoons as stated in
Findings of Fact I.D violates Condition V.2 of General Permit AWG100000 which requires
that waste levels in the lagoons do not exceed the levels specified in the facility's Certified
Animal Waste Management Plan (CAWMP).
C. The above -cited failure to notify the Division of the noncompliant waste levels in the lagoons
as stated in Findings of Fact I.F violates Condition III.17(e) of General Permit AWG100000
which requires that the Division is to be notified within twenty-four hours of first knowledge
of noncompliant waste levels in the lagoons.
D. Rufus E. Rouse 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.
E. 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.
F. 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, Rufus E. Rouse, owner of Reedy Meadows Farm 1&2 at the time of
noncompliance, is hereby assessed a civil penalty of:
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DocuSign Envelope ID: 2C94ABOD-0B65-4FC2-96B3-8B95541A6BF8
$1000.00 For violation of Condition V.2 of General Permit AWG100000 for
failure to prevent noncompliant waste levels in the lagoons.
$1000.00
$2000.00
$ 455.20
$2,455.20
For violation of Condition III.17(e) of General Permit AWG100000 for
failure to notify the Division of noncompliant waste levels in the
lagoons.
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;
(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 Rufus E. Rouse
in accordance with N.C.G.S. 143-215.6(A)(d).
DocuSigned�by:
3/3/2022 cr'
111 8FTh-91364-9DD2478...
(Date) Jeff Poupart, Chief
Water Quality Permitting Section
Division of Water Resources
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