090139_DV-2022-0009 Findings and Decision_20220429

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STATE OF NORTH CAROLINA
COUNTY OF BLADEN
IN THE MATTER OF
PRESTAGE FARMS, INC
FOR VIOLATIONS OF SWINE WASTE
MANAGEMENT SYSTEM
GENERAL PERMIT AWG100000
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
FILE NO. DV-2022-0009
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. Prestage Farms, Inc owned and operated Px-10 Farm, a swine operation located on 2230
Grimsley Farm Road in Bladenboro, NC.
B. Prestage Farms, Inc was issued Certificate of Coverage AWS090139 under North Carolina
Swine Waste Management System General Permit AWG100000 for Px-10 Farm on
October 1, 2019 effective from the date of 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 always be properly
operated and maintained. — [15A NCAC 02T .1304(b)J
D. On October 20, 2021, DWR staff documented with a video of improperly operating waste
application equipment. The waste irrigation system was not operating with proper pressure
which caused the sprinklers to not cover the area as designed. In addition, they were not
turning causing them to spray in one place which resulted in ponding and run off Some
sprinklers were stopped up with trash and some risers were missing sprinkler heads.
E. Condition IL2 of General Permit AWG100000 states that "A vegetative cover shall be
maintained as specified in the facility's CAWMP. No waste shall be applied upon areas
not included in the CAWMP or upon areas where the crop is insufficient for nutrient
utilization. However, if the CAWMP allows, then waste may be applied up to thirty (30)
days prior to planting or breaking dormancy." — [15A NCAC 02T .1304(b)J
F. On October 20, 2021, DWR staff documented with pictures that both spray fields failed to
meet permit condition by having a crop that was not specified in the facility's CAWMP
(native grass) and the weak to nonexistent Bermuda and millet stands were insufficient for
nutrient utilization. DWR staff documented with pictures that the Bermuda crop was
damaged because the winter overseed was not harvested last spring and never recovered.
As stated in the Notice of Violation (NOV) in July 2021 required corrective actions, the
facility was to reestablish the Bermuda stand or change the CAWMP to a summer annual
for this field. There was not a sufficient stand of Bermuda in the back field to utilize the
waste applied. The millet in the front field was planted, but the stand was not sufficient for
utilization of waste applied.

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G. Condition II.5 of General Permit AWG100000 states: "in no case, shall land application
rates result in excessive ponding or any runoff during any given application events." — [15A
NCAC 02T .1304(b)]
H. On October 20, 2021, during a site inspection of the facility, DWR staff observed from the
highway improper waste application and excessive ponded waste in field one (1) and two
(2). It was documented with pictures and water samples that waste did runoff of field two
(2) into a field ditch.
Condition 11.17 of the AWG100000 General Permit states: "the Operator in Charge (OIC)
or a person under the supervision of an OIC to inspect the land application as often as
necessary to ensure that the animal waste is land applied in accordance with the CAWMP.
In no case, shall the time between inspections be more than 120 minutes during the
application of waste. A record of each inspection shall be recorded on forms supplied by,
or approved by, the Division and shall include the date, time, spray field number and name
of the operator for each inspection. Inspection shall include but not be limited to visual
observation of application equipment, spray fields, subsurface drain outlets, ditches, and
drainage ways for any discharge of waste." [15A NCAC 8F .0203(b) and 15A NCAC 02T
. 0108(c)J
J. On October 20, 2021, DWR staff documented in a video of improper waste application in
field one (1) from the highway, and in addition the OIC was videoed leaving the farm with
the system still operating. After management contacted the OIC, he returned and cut the
pump off and again left the farm without looking in the fields. The OIC stated he had not
inspected the fields at any time during the time they were operating other than look across
the field from a distance. It was not until he walked the field with DWR staff that he saw
the ponded waste.
K. Condition II.28. of the General Permit AWG 100000 states that "Crops for which animal
waste is land applied must be harvested, removed from the land application site, and
properly managed and utilized unless other management practices are approved in the
CAWMP. Hay harvested from land application fields shall be removed within twenty-four
(24) months of cutting unless other management practices are approved in the CAWMP."
— [15A NCAC 02T . 0108(b) and .1304(b)J
L. On June 23, 2021, during the routine compliance inspection site visit, DWR staff
documented with pictures that the over -seed planted on the Bermuda was not harvested
which failed to meet this permit condition. The over seeded crop was allowed to mature
and produce grain. Waste application events continued on this field. From March of 2021
through May of 2021, eighty-three (83) lbs. of waste was applied to the Bermuda field.
This was a violation noted in your previous Notice of Violation in 2021. On the October
20, 2021 site visit, it was documented with pictures and confirmed by the OIC that both
fields had been cut with the intention to bale the crop (weeds) but the person contracted to
bale the crop would not do so because of the condition and quality of the material. This is
the second time in 2021 the facility failed to harvest crops for which animal waste was land
applied.
M. Condition IIL6 of General Permit AWG100000 states "The Permittee shall record all
irrigation and land application event(s) including hydraulic loading rates, nutrient loading
rates and cropping information. The Permittee shall also record removal of solids and
document nutrient loading rates if disposed of on -site or record the off -site location(s).
These records must be on forms supplied by, or approved by, the Division." — [G.S. §143-
215.10C(e) (8)J

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N. On October 25, 2021 during the record review, it was documented that the IRR-1 fom
submitted by Mr. Alphine, the OIC, to Mr. Lamb were incomplete because some
information was not recorded. Mr. Alphine did not document the crop type that waste was
applied to and the number of sprinklers operating at the time of the application. Mr. Lamb
used the irrigation design to determine how many sprinklers were operating in each zone
to complete the IRR-2 forms. On October 20, 2021, DWR staff documented with pictures
that only sixteen (16) risers had sprinklers out of twenty-five (25) risers in all three (3)
zones of field 2. This will cause the information on the IRR-2 to be incorrect. In zones
H&I, ponded waste was observed, but records documented that no waste had been applied
after May 2021.
O. On January 5, 2022 the Division issued a Notice of Violation (NOV/NOI) with intent to
enforce through the civil penalty assessment process to Prestage Farms, Inc identifying the
violations of General Permit AWG100000.
P. The NOV was sent by certified mail, return receipt requested and received on January 7,
2022.
Q. The cost to the State of the enforcement procedures in this matter totaled $828.68.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Prestage Farms, Inc is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4).
B. The unnamed tributary to Brown Marsh Swamp constitutes waters of the State within the
meaning of G.S. 143-212(6).
C. The above cited conditions described in Findings of Fact I.D. violates Condition II.1 of the
AWG100000 General Permit to properly operate and maintain the collection, treatment,
and storage facilities, and the land application equipment and fields always.
D. The above cited failure to maintain a vegetative cover as specified in the facility's CAWMP
as stated in Findings of Fact I.F violates Condition II.2 of General Permit AWG100000.
E. The above cited excessive ponding and runoff during application events as stated in
Findings of Fact I.H violates Condition II.5 of General Permit AWG100000 requiring that
in no case, shall land application rates result in excessive ponding or any runoff during any
given application events.
F. The above cited failure of OIC to inspect the land application as often as necessary to
ensure that the animal waste is land applied in accordance with the CAWMP as stated in
Findings of Fact I.J violates Condition IL17 of General Permit AWG100000 requiring that
the Operator in Charge (OIC) or a person under the supervision of an OIC to inspect
application equipment, spray fields, subsurface drain outlets, ditches, and drainage ways
for any discharge of waste.
G. The above cited facts in I.L. Failure to remove harvested crop from the spray fields is a
violation of Condition IL28. of the General Permit AWG100000.

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H. The above cited condition described in Findings of Fact I.N. violates Condition IIL6 of the
General Permit AWG100000 which states failure to provide correct information (following
your irrigation design) of your irrigation and land application events when completing the
forms supplied by, or approved by, the Division.
I. Prestage Farms, Inc 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.
J. The State's enforcement costs in this matter may be assessed against Prestage Farms, Inc
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
K. 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, Prestage Farms, Inc, owner of Px-10 farm at the time of the noncompliance is hereby
assessed a civil penalty of:
$2000.00
$1000.00
$4000.00
$2000.00
$3000.00
$1000.00
For violation of Condition IL 1. of General Permit AWG100000 for failing
to properly maintain the waste collection, treatment, and storage facilities
at all times.
For violation of Condition IL2 of the General Permit AWG100000 for
failure to maintain a vegetative cover suitable for irrigation at the land
application sites in accordance with the CAWMP.
For violating of Condition IL5 of General Permit AWG100000 for failure
to prevent land application rates that resulted in excessive ponding and
runoff during any given application events.
For violation of Condition 11.17 of General Permit AWG100000 for failure
of the Operator in Charge (OIC) or a person under the supervision of an
OIC to inspect the land application as often as necessary to ensure that the
animal waste is land applied in accordance with the CAWMP.
For violation of Condition II. 28 of the General Permit AWG100000 for
failing to harvest & remove crop from the spray fields irrigated with swine
waste.
For violation of Condition IIL6 of the AWG 100000 General Permit states
failure to provide correct information (following your irrigation design) of
your irrigation and land application events when completing the forms
supplied by, or approved by, the Division.

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$13,000.00
$828.68
$13,828.68
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 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 Prestage Farms,
Inc in accordance with N.C.G.S. 143-215.6(A)(d).
DocuSigned by:
5/3/2022 YCr
s pg4-9@648DD24-78
(Date)
Jeff Poupart, Chief
Water Quality Permitting Section
Division of Water Resources