820014_DV-2020-0162 Remission (Decision) CPA Factors_20220503

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS

Case Number: DV-2020-0162 Region: Fayetteville County: Sampson
Assessed Entity: Michele T. Grady Permit: AWS820014

(a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:

(b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States: Upon knowledge of the accidental occurrence which happened on Sept. 14, 2020,
we immediately went into action to contain waste water. We got equipment into place to haul dirt in
by the truck loads. Waste water that was ponded was recovered.

DWR Response: This discharge was reported by a river keeper from a flyover. Once we received the
complaint to the time we inspected the farm, the irrigation guns were still operating in the same area.
(several hours) Both irrigation reels operating in this field malfunctioned and were not reeling in
causing runoff into a stream. Mr. Grady told the inspector that he had visually inspected the reels, but
from a distance and didn’t notice they had malfunctioned. So, this was never promptly abated due to
neglect of conducting a true inspection of the irrigation equipment.

(c) Whether the violation was inadvertent or a result of an accident:
Permittee States: The incident that happened on Sept. 14, 2020 was caused by accidental mechanical
failure & human failure. Also there had been excessive rainfall at that time. The cows had packed the
spray field.

DWR Response: The malfunctioning reels may have been an accident, but not properly checking on
them was no mistake.

(d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States: We have never been assessed with civil penalties. We have always tried to do our
very best to comply with rules & regulations.

DWR Response: 3 NOD’s have been issued for high freeboard, non-payment of annual fees, and
land application issues. No enforcements.

(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 $_1198.22___________
Total Revised Assessment $_8198.22___________

Jeff Poupart Date
DocuSign Envelope ID: 1D68D4C9-7E8E-4113-A8A5-2E908860E220
5/3/20225/3/2022