820030_DV-2020-0054 Remission (Request)_20200825

HOT DOG FARMS, LLC
POST OFFICE BOX 2107
ELIZABETHTOWN, NC 28337
August 21, 2020
Mr. Heath C. Robinson
Animal Feeding Operations Program
North Carolina Division of Water Resources
1636 Mail Service Center
Raleigh, NC 27699-1636
Dear Mr. Robinson,
In response to your ASSESSMENT OF CIVIL PENALTIES, ENFORCEMENT FILE #DV-2020-
0054 dated June 25, 2020 and received by me on July 28, 2020 for Hot Dog Farms LLC Hot Dog Farm
#1 (82-30) I submit the following:
1. Waiver of Right to an Administrative Hearing and Stipulation of Facts:
2 Justification of Remission Request:
This Justification of Remission Request is based on the following:
(1 or a). Whether one or more of the civil penalty assessment factors were wrongfully
applied to the detriment of the violator:
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. Whether or not the voluntary containment area is an old lagoon,
should not matter. The important fact is there was no release to the environment. Secondary
containments are not required but are used in good faith by farmers to contain any accidental
spillages, such as these. We are relying on the historical operation of the farm and past usage
of the old lagoon as a secondary containment to justify this usage. To my knowledge, this was
n ever an issue during previous inspections conducted by other DWR staff while we were the
owner and when Smithfield was the owner. This secondary containment is voluntary and is a
best management practice.
The amount of waste that entered the secondary containment was of such a volume that it was
impractical to remove from the containment by pumping it into the lift station We do not have an
e stimated volume but it was deemed to be a relatively small amount. The waste soon
evaporated due to high temperatures so there was no volume to remove nor long-term effects.
Farm staff did try to clean out the existing discharge pipes and we had spent, at the time, close
to $15,000 on an outside contractor to clean the lines. Subsequently we have bought a gem -jet,
which is used to clean inside pipes, at a cost of $45,000. Furthermore, we have replaced the
e ntire main discharge pipeline going from the houses to the lift station at a cost of $18,526 90
(see attached bill). This discharge problem has now been rectified at great cost to our farm.
(2 or b). The violator promptly abated continuing environmental damage resulting from
the violation.

Corrections were made so that these incidents could not occur again. They were not able to be
made rapidly due to the use of outside contractors as we did not have the proper equipment to
make all needed repairs and corrections. 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.
(3 or c). The violation was inadvertent or result of an accident.
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.
(4 or d) the violator had not been assessed civil penalties for any previous violations.
This is the first incident that has occurred at Hot Dog Farms.
It is my contention that the secondary containment system functioned properly to contain the
waste that spilled so that it was kept out of surrounding streams, wetlands and other waters of
the state. There were no detrimental impacts on the environment from these spillages. The
waste is much better in the secondary containment system than it is in the environment.
Therefore, I request that there be remission of the penalty. We have spent much money to
correct this problem and penalties would be punitive considering the fact that there were no
detrimental effects to the environment from the incidents.
We know that it is important to be good neighbors, good operators and good stewards of •our
natural resources and will do all things possible to keep spills from occurring in the future. If you
need further information regarding this, please call me at 910-862-1718. Thank you for your
attention to this matter.
Dean Hilton

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV 2020-0054
Assessed Party: Hot Dog Farms, LLC
Permit No.: AWS820030
County: Sampson
Amount assessed: $ 7,614.20
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider m determining your request for
remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty
assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty assessment
document. By law [NCGS 133-215.6A(f)] remission of a civil penalty may be granted when one
or more of the following five factors applies. Please check each factor that you believe applies to
your case and provide a detailed explanation, including copies of supporting documents, as to why
the factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are
included in the attached penalty matrix and/or listed in the civil penalty assessment
document);
f
(b)
(c)
the violator promptly abated continuing environmental damage resulting from the
violation (a.e., explain the steps that you took to correct the violation and prevent
future occurrences);
the violation was inadvertent or a result of an accident (i, e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e, explain how payment of the civil penalty will prevent you
from performing the activities necessary to achieve compliance).
EXPLANATION:
fie e. a "
ImAt
\Rem. req.
•

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF SAMPSON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
HOT DOG FARMS, LLC
•
PERMIT NO. AWS820030
•
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. DV-2020-0054
Having been assessed civil penalties totaling $7,614.20 foi violation(s) as set forth in the
assessment document of the Division of Water Resources dated June 245, 2020, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative
hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment
document. The undersigned further understands that all evidence presented in support of remission
of this civil penalty must be submitted to the Director of the Division of Water Resources within
thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission
request will be allowed after thirty (30) days from the receipt of the notice of assessment.
This the 2i cv day of � .►.sus � , 2020
ADDRESS
fief p� ems.%G
L 1, 244 1-44c!' 337
TELEPHONE
9/6 kb)-'109

Smithfield
Good food.'Respoytsible
December 16, 2019
NC DEO, Division of Water Resources
Fayetteville Regional Office
225 Green Street, Suite 714
Fayetteville, NC 28301
Re: Hot Dog Farm 1 Secondary Containment
Dear Mr. Allen:
Hot Dog Farm 1 was previously a company owned farm A new lagoon was built, and the old lagoon properly
closed out and documented over 15 years ago. Upon proper closure of the lagoon the drainage around the barns
was directed to flow into the old hole. This prevents any potential spills from leaving the site while also providing
a point to recapture spilled effluent. This is a common best management practice in the industry, and greatly
reduces risk for spills to reach surface waters.
A site visit was performed to inspect the site in October, and the secondary containment appeared to be working
as intended. Any spills on site would be captured by the containment area and not enter surface waters or leave
the property boundary. It is recommended that this containment area remain in place as -is.
Sincerely,
David Elkin, PE
Director of Engineering

382 HARVELL ROAD
HARRELLS, NC 28444
910-532-4491 ph
910-532-4754 fax
[e-mail]
BILL TO HD3 Farms
664 Industrial Park Drive
PO Box 2107
Elizabethtown, NC 28337
JOB NUMBER
DATE
DESCRIPTION
INVOICE #
6912
DATE
11/5/2019
TERMS
From estimate #323 for the discharge pipe
repair and replacement project
Lump sum including equipment labor and
materials
***SCOPE**
1. Replace approximately 680' of discharge
with 12' and 8' CPP and necessary fittings.
2 Retrofit inlets into lift station for 12" pipe an
grout in new pipe.
3. Dress up and seed disturbed areas.
4. Install markers by cleanouts.
THANK YOU FOR YOUR BUSINESS!
Total
AMOUNT
18,526.90
$18,526.90
Payments/Credits
Balance Due
$o.00
$18,526.90