780091_DV-2021-0177 CPA F&D_20220223

DocuSign Envelope ID: 763659AE-723B-4B80-8DF6-7726962FF7E9
STATE OF NORTH CAROLINA
COUNTY OF ROBESON
IN THE MATTER OF
MURPHY-BROWN, LLC
FOR VIOLATIONS OF SWINE WASTE
MANAGEMENT SYSTEM
GENERAL PERMIT AWG100000
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
FILE NO. DV-2021-0177
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. Murphy -Brown, LLC owned and operated Farm 5075 & 5076, a swine operation located
on Fairley Road between Midway Road and Eva Road in Robeson County, NC.
B. Murphy -Brown, LLC was issued Certificate of Coverage AWS780091 under North
Carolina Swine Waste Management System General Permit AWG100000 for Farm 5075
& 5076 on October 19, 2021 effective from the date of issuance, with an expiration date of
September 30, 2024.
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: Cause or permit any waste,
directly or indirectly, to be discharged to or in any manner intermixed with the waters of
the State in violation of the water quality standards applicable to the assigned
classifications or in violation of any effluent standards or limitations established for any
point source, unless allowed as a condition of any permit, special order or other appropriate
instrument issued or entered into by the Commission under the provisions of this Article."
D. Condition I.1. of the General Permit AWG100000 states 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 conveyance, direct application, direct
discharge or through ditches, terraces, or grassed waterways not otherwise classified as
state waters." — [G.S. §143-215.10CJ
E. On October 12, 2021, around 4:30 PM, DWR staff received a phone call from Mike Cudd
reporting a discharge at the facility 78-091. Farm staff determined that the discharge was
caused by a leak in an irrigation line that crosses the ditch on the farm. DWR staff was on
site around 6:30pm to 8:30pm and documented pictures of the irrigation events happening
in efforts to clean up. DWR staff returned to review the remediation efforts and took several
water samples at various stages of the ditch. Farm staff estimated the discharge to be about
10,000 gallons to 15,000 gallons that left the property. DWR sample results showed the
source of the discharge to have 26000 Colonies/100mL and the downstream of the dam to
have 154 Colonies/100mL and the actual pond past the dam to have <1 Colonies/100mL.

DocuSign Envelope ID: 763659AE-723B-4B80-8DF6-7726962FF7E9
F. On November 15, 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
the violations of Permit No. AWG100000 the unlawful discharge of wastes to waters of
the State.
G. The NOV was sent by certified mail, return receipt requested and received on November
15, 2021.
H. The cost to the State of the enforcement procedures in this matter totaled $785.64.
Based upon the above Findings of Fact, 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. The unnamed tributary to a private pond constitutes waters of the State within the meaning
of G.S. 143-212(6).
C. The conditions described in Findings of Fact I.E. constituted a violation of Permit No.
AWG100000 due to the unlawful discharge of wastes to waters of the State.
D. 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 apply for or to secure a permit required by G.S. 143-215.1 or who violates or fails
to act in accordance with terms, conditions, or requirements of any permit issued pursuant
to authority conferred by Part 1 or Part 1A of Article 21, Chapter 143.
E. The State's enforcement costs in this matter may be assessed against Murphy -Brown, LLC
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
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 Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Murphy -Brown, LLC, owner of Farm 5075 & 5076 at the time of the noncompliance
is hereby assessed a civil penalty of:
$4000.00 For violation of Condition L1 of General Permit AWG100000 for
discharge of animal waste to the waters of the State.
$4000.00 TOTAL CIVIL PENALTY
$785.64 Enforcement costs
$4,785.64 TOTAL AMOUNT DUE

DocuSign Envelope ID: 763659AE-723B-4B80-8DF6-7726962FF7E9
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 Murphy -Brown,
LLC in accordance with N.C.G.S. 143-215.6(A)(d).
DocuSigned�by:
3/3/2022 1 Gy Cry¢"
FB1-913644DD, 478
(Date) Jeff Poupart, Chief
Water Quality Permitting Section
Division of Water Resources