090040_DV-2020-0107 Remission (Decision) CPA Factors_20220503

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS

Case Number: DV-2020-0107 Region: Fayetteville County: Bladen
Assessed Entity: Daniel T. Alford Permit: AWS090040

(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: After the violation occurred, I promptly abated continuing environmental damage
immediately in the short term and permanently changed the waste management practices, to prevent
any future problems. Upon knowledge of the issue, the wastewater that had collected in the ditch was
pumped back into the lagoon using an irrigation pump and 1000 feet of lay flat hose.

DWR Response: Mr. Alford has just purchased this farm when the discharge happened. Since the
discharge, Mr. Alford has purchased an airway application system to prevent runoff of waste,
purchased his own hay equipment, and resprigged the application fields. He also installed a control
structure in the ditch in case of an accident, the gate can be closed off to prevent a discharge from
leaving the site.

(c) Whether the violation was inadvertent or a result of an accident:
Permittee States: The discharge was not intentional, but the result of accidental run off. Waste was
being pumped on upper fields and, without my knowledge, made its way by the lagoon to a lower
ditch. Upper fields were being used because the lower fields typically hold more moisture and would
be more susceptible to ponding or runoff. The only reason it wasn't reported was our lack of
knowledge of the issue. It was not a case of intentionally trying to hide anything.

DWR Response: Discharge was caused by ponding waste running off. The new airway system
should prevent this in the future.

(d) Whether the violator had been assessed civil penalties for any previous violations:

(e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Permittee States: I have spent so much money on new equipment and correcting this issue, that
paying a fine of $7,000 would make it difficult to afford to continue operating successfully. This is a
small farm, and we are just now in our second year of payments to Cape Fear Farm Credit.

DWR Response: Mr. Alford was a new owner of this farm.

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

Original Penalty (without Enforcement Costs) $_7000______ (enter amount)
Partial Remission %_42___ or $_4000_______ (amount remitted)
Subtotal $_3000.00______
Retaining Enforcement Costs $_728.24____ ___
Total Revised Assessment $_3728.24_______

Jeff Poupart Date
DocuSign Envelope ID: 31181363-EED2-40AD-8353-8238682B8FFA
5/3/2022