820464_DV-2021-0049 Remission (Decision) CPA Factors_20220503

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS

Case Number: DV-2021-0049 Region: Fayetteville County: Sampson
Assessed Entity: Murphy-Brown, LLC Permit: AWS820464

(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: The violation was inadvertent and a result of an accident. The discharge resulted
from a barn plug that caused wastewater to overflow into the farm's storm drainage system that led to
a secondary containment structure in which the structure's drain valve was inadvertently left partially
open by farm personnel, who had previously opened the valve to release rainwater from the structure
and did not close the valve after the rainwater had drained out.

DWR Response: A drain pipe from the hog house plugged causing waste to discharge the house. The
waste made it to a secondary containment area through an open valve left open by farm personnel.
The spill once noticed was stopped and cleaned. Farm personnel worked through the afternoon and all
through the night to ensure the spill was recovered.

(c) Whether the violation was inadvertent or a result of an accident:
Permittee States: The operator promptly abated continuing environmental damage. As soon as farm
personnel discovered that wastewater had exited the secondary containment structure, the farm
manager closed the structure's drain valve and notified LNM staff.

DWR Response: Clogged pipe in hog house. Valve should have not been in the open position in the
secondary containment area.

(d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States: The farm operation had not been assessed civil penalties for any previous
violations.

DWR Response: This farm has received one NOD in 2020, NOV in 2011, and an NOV in 2008 all
for high freeboards. 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) $_4000.00___________ (enter amount)
Partial Remission %_50_____ or $_2000.00_________ (amount remitted)
Subtotal $_2000.00________
Retaining Enforcement Costs $_589.30_________
Total Revised Assessment $_2589.30________

Jeff Poupart Date
DocuSign Envelope ID: 7744BA36-CFD6-484B-8E70-CFF6FA90E6EE
5/3/2022