090040_DV-2020-0107 Remission (Request)_20220317

March 8, 2022
To: Heath C. Robinson
Animal Feeding Operations Program
Division of Water Resources
MAR 17 ion
D Q/D,8
This letter is a written request for remission of the civil penalty of $7,000 assessed against Daniel T. Alford for
the Enforcement File No. DV-2020-0107. I am requesting this remission based on the three factors, (b), (c), and
(e) contained on the attached justification for remission request form.
Factor (b). 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. To prevent any future runoff, we switched the waste
application from hose reels to a hose drag system. I purchase an airway machine from Brock Equipment in
Bailey, NC and since this violation, all waste application has been done only thru hose drag application. In
addition, last spring we disked and leveled our spray fields, and had Doug Heath Grass Sprigging out of Pink Hill
sprig all the spray fields with new coastal Bermuda.
Factor (c). 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.
Factor (e). 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. With prices up and grower pay not, just making our loan
payment and having enough money left over to correctly run the farm is difficult enough. In cleaning up the
initial discharge, I spent about $1,400 total for a trash pump and lay flat hose, then purchased the hog drag
system for $18,000, then paid $5,000 to have the fields sprigged. This does not include the costs of leveling the
fields or the extra chemicals for the new sprigs. Some of these things I am still trying to finish paying. Now in the
second year of the new sprigs, we must spray an expensive pre -emergent to ensure the young coastal can
continue to be successful. Also, prior to the violation we were depending on an outside individual to maintain
the hay and harvest it. One of the problems that added to the cause of this violation is this individual had not cut
and harvested the hay in a timely manner. So, we purchased new hay equipment and are now maintaining it
ourselves to ensure this doesn't happen again. The new hay equipment cost around $50,000, a rake, baler,
cutter, and grain drill. I am still making payments on this equipment and the hose drag system. Having to pay
this fine would really put me in a compromised financial position.
I feel like I have gone above and beyond to correct this violation and as difficult as it was to make the�sie
purchases at one time, it was necessary to prevent any future problem from happening. Remission oPt1 js fine
will greatly help me with the costs of maintaining the quality of operating the wastewater application to -the
standard that DWQ and myself both expect. Thank you for considering this request.
Daniel T. Alford

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2020-0107 County: Bladen
Assessed Party: Daniel T. Alford
Permit No.: AWS090040 Amount assessed: $ 7,728.24
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission_ Waiver o fRight 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 in 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);
(b) the violator promptly abated continuing; environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent
future occurrences);
(c) 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;
(e) 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:
- - Q
\Rem. req.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF BLADEN
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
DANIEL T. ALFORD
PERMIT NO. AWS090040
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. DV-2020-0107
Having been assessed civil penalties totaling $7,728.24 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated June 28, 2021, 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) clays from the receipt of the notice of assessment.
This the g day of1ek- , 2022
Signature
RECEIVED
MAR 17 2022
NC DEQIDWR
Central Office
ADDRESS
631?
Zfi y33
TELEPHONE
OP—