820030_DV-2020-0054 Remission (Decision) CPA Factors_20220503

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS

Case Number: DV-2020-0054 Region: Fayetteville County: Sampson
Assessed Entity: Hot Dog Farms, LLC Permit: AWS820030

(a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of
the petitioner:
Permittee States: On August 20, and 28, 2019 waste discharged out of houses 6 and 9 onto the surrounding diversion area
and some flowed into the old lagoon that had been closed out by the previous owner, Smithfield Foods several years ago
(see attached letter from Dave Elkins, PE). This old lagoon was used by Smithfield for many years as a secondary
containment for just such incidents as these, again, see the Elkins letter. It is our contention, as was theirs, that this is a
suitable practice to contain any spill and keep it from entering waters of the state and potentially harming the environment.

DWR Response: Violator clearly admits to a discharge in his response to the closed out lagoon. The letter from Smithfield
Foods also clearly states that if waste make it to this containment area, it should be removed. Violator clearly states they
made no attempt to remove the waste from the containment area.

(b) Whether the violator promptly abated continuing environmental damage resulting from the violation:
Permittee States: Corrections were made so that these incidents could not occur again. Discharge lines were cleaned as
best as possible until they could be replaced, as noted above. No environmental damage could be demonstrated by the
State as there was no discharge that harmed any fish, wildlife or wetlands. The discharge piping system and lift station is
checked frequently to ensure proper operation and we feel the new pipeline will alleviate this problem re-occurring.

DWR Response: The inspector found the same discharge twice in a short amount of time. There was pipes for unclogging
the discharge pipe lying around this area indicating this was a problem area. Also, the farm help stated she had told the
owners this was a problem area in the past.

(c) Whether the violation was inadvertent or a result of an accident:
Permittee States: This event was certainly an accident. It did not result from poor management but from an old system
that we have taken great expense to correct.

DWR Response: A clogged pipe may be inadvertent, but continuing to let it happen is not inadvertent or an accident.

(d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States: This is the first incident that has occurred at Hot Dog Farms.

DWR Response: The new owners had not been assessed civil penalties before.

(e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions:

DECISION (Check One)
Request Denied
Full Remission Retain Enforcement Costs? Yes No

Original Penalty (without Enforcement Costs) $_7000.00______ (enter amount)
Partial Remission %________ or $_0.0__________ (amount remitted)
Subtotal $_7000.00_____
Retaining Enforcement Costs $_614.20______
Total Revised Assessment $_7614.20_____

Jeff Poupart Date
DocuSign Envelope ID: 678B5A1D-C6DD-4917-929D-771AC1FF7E07
5/3/2022