820096_DV-2021-0172 Remission (Decision) Factors_20220303

DocuSign Envelope ID: D1976243-8A1A-4DE3-AB18-1E49E9764EF7
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2021-0172 Region: Fayetteville County: Sampson
Assessed Entity: Michael M. Matthis Permit: AWS820096
® (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Permittee States: I am not convinced that where the small amount of waste traveled to was in fact
wetlands as stated by the inspector.
DWR Response: Waste was found several hundred feet from the farm site down in a marsh area.
This was confirmed with pictures and waste samples.
® (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States: Prompt attention were given, and hogs were removed.
DWR Response: Animals were removed from the farm, and Mr. Matthis did rent a tractor to clean
the spill site. Discharge pipe was cleared of the blockage.
Z (c) Whether the violation was inadvertent or a result of an accident:
Permittee States: The violation was inadvertent and only happened because the discharge pipe got a
blockage in it overnight.
DWR Response: Spill was due to a blocked discharge pipe.
Z (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States: The facility has never had a violation in the past. A fine of such magnitude will
inhabit my ability to make future repairs.
DWR Response: Mr. Matthis inherited the farm from his father and has made some improvements
since he has become the owner. Mr. Matthis has not been assessed a civil penalty before.
n (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
DECISION (Check One)
Request Denied El
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Original Penalty (without Enforcement Costs) $7000.00 (enter amount)
Partial Remission or $2000.00 (amount remitted)
Subtotal
Retaining Enforcement Costs
Total Revised Assessment
$5000.00
$636.26
$5,636.26
DocuSigned by:
6
C? &F9-13UG4HDD247
3/3/2022
Jeff Poupart Date