820464_DV-2021-0049 Remission (Request) Justification_20220322

JIUSTTFTC:ATION FOR REMISSION REQUEST
Case Number: DV-2021-0049
Assessed Party: Murphy -Brown LLC
Permit No.: AWS820464
County: Sampson
Amount assessed: $4,589.30
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DEQ5it
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Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver J'Ri.ht 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:
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STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF SAMPSON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
MURPHY-BROWN LLC
PERMIT NO. AWS820464
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. DV-2021-0049
Having been assessed civil penalties totaling $4,589.30 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated February 23, 2022, 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 a 1 ±- /� day of / ''� , 2022
Signature
ADDRESS
TELEPHONE
(gfc,�a13 533cD

Smithfield.
Good food.7Zesroltsibl�v° RECEIVED
MAR 2 9 2022
March 21, 2022
aCentl Office
Miressa Garoma
Animal Feeding Operations Program
Division of Water Resources
1636 Mail Service Center
Raleigh, NC 27699-1636
Subject:
Request for Remission of
Civil Penalty Assessment for
Murphy -Brown, LLC Farm 2046, Permit No.: AWS820464
Sampson County
Enforcement File No. DV-2021-0049
Dear Mr. Garoma,
M. Kevin Weston
Sr. Environmental Compliance Technical Specialist
Smithfield Hog Production Division
P.O. Box 856
2822 NC Hwy 24 West
Warsaw, NC 28398
[phone] tel
[phone] fax
This letter is a Request for Remission of Civil Penalty Assessment in response to the Assessment of Civil Penalties for
Violation(s) of 15A NCAC 2T .0105(e)(2) letter dated February 23, 2022, and received March 10, 2022, for the above -
mentioned farm.
This request for remission of penalty is based on the following factors:
1. 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.
2. 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. LNM staff immediately put dams in the ditch below the secondary containment
structure to contain and stop the flow and began pumping the water back to the lagoon. The incident was
discovered about 5:00 pm on Tuesday 2/16/2021 and remediation efforts started about 6:00 pm and continued
throughout the night and into Wednesday morning 2/17/2021 until all the water contained was returned to
the lagoon. DEQ was notified within 24 hours of discovery as required by the permit and was on -site both
Tuesday night and Wednesday morning to inspect the incident and recovery efforts. See attached copy of follow-
up letter for additional details.
3. The farm operation had not been assessed civil penalties for any previous violations.
Our Environmental Management System (EMS) proved its effectiveness by providing the structure and protocol that
ensured the incident was discovered quickly and appropriate corrective actions and notifications were done in a timely
and effective manner. All required corrective actions and requested information has been provided to DEQ. In addition,
the following actions have been taken:
• Farm personnel and LNM staff have been retrained on operating and inspecting secondary containments,
• Clean out/repairs have been made to the barn pipes as needed.
[e-mail]
www.smithfieldfoods.com

Thanks for your consideration of this remission request. If you have further questions or need additional information
regarding this matter, please contact me.
Sincerely,
M. Kevin Weston

Smithflcid.
6ccot
February 18, 2021
Steve Guyton
NCDENR — Division of Water Resources
225 Green Street- Suite 714
Fayetteville, NC 28301-5094
RE: Farm 20463
Facility # 82-464
Accidental Discharge 2/16/21
PO Box 856
Warsaw, NC 28398
RECEIVED
MAR 2 9 2022
NC DEQ/DWR
Central Office
This letter is the follow up to the accidental discharge at Farm 20463 that was reported to the
Division on February 16, 2021
Sequence of Events:
1) The farm manager called LNM staff about 5:00 pm on Tuesday evening 2/16/2021 to
report a spill and that water had gone through secondary containment. The farm manager
had closed off the secondary containment and was working to contain the spill until LNM
staff arrived.
2) When LNM arrived they took a tractor and put in a dam in a ditch below the secondary
containment to contain and stop the flow from entering the woods.
3) Recovery pumps were brought in and set up at the furthest point that could be reached.
At this location we constructed a dam and began pumping water back to the sites lagoon.
A second pump was setup at the first dam in the ditch and water was returned to the sites
lagoon.
4) It was determined that some of the water was past our furthest dam and reached Gilmore
swamp.
5) Remediation efforts began at around 6pm and continued through the night. Remediation
efforts were continued the following day until all of the water contained was retumed to the
sites lagoon.
6) Steve Guyton with DWR came out to inspect the incident and recovery efforts that night
and again the following morning.
Estimate of discharge:
A) It is estimated that from the time the site was last inspected to the time the spill was
found the maximum amount of water lost from the buildings was 5,600 gallons. We
estimate that no more than 800 gallons of that amount was lost past our dams and not
recovered.
Plan for corrective actions from this accidental discharge:
1) Have staff routinely check the secondary containment during the time it is open to allow
draining fresh water until the time that it can be closed

Page 2
Attachments:
March 21, 2022
A) Included with this letter is a copy of the most current waste analysis as required by the
permit.
have outlined all currently available information about this incident. Smithfield staff has responded in
an appropriate and responsible manner in accordance with our Environmental Management System
emergency response plan and in keeping with our responsibilities under the state permit.
Our Environmental Management System (EMS) proved its' effectiveness by providing the structure and
protocol that all parties involved in the response and ensuring, that they did so in a timely and effective
manner.
If I can be of any further assistance, please feel free to contact me.
Sincerely,
Michael Norris
Environmental Systems Manager
Murphy -Brown LLC
[phone]