820083_PC-2021-0039 Remission (Decision) CPA Factors_20220503

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS

Case Number: PC-2021-0039 Region: Fayetteville County: Sampson
Assessed Entity: Michael Scott McLamb Permit: AWS820083

(a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
Permittee States: At the time of the DWR inspection, the farm was empty and had been for some time and
remained so until after I regained full control and ownership of the farm. I received no income -from the farm
while Christine managed it but I am the one that must pay the fines for her actions. I have made many
improvements to the farm as I will detail and feel I should not be punished because I am the farm owner. While
I agree that the farm operator had not received proper design paperwork for the attempted repair of the discharge
pipes, I am asking for remission due to the fact there was no discharge of waste to the environment nor associated
harm from the pipes being dug up. I understand that the attempted repairs looked very bad but again there was
no harm to the environment.

DWR Response: When FRO inspectors were on-site, it was discovered that the discharge pipes had been
removed from the house to the lagoon and had even dug through the lagoon wall. The lagoon levels were high
enough to drain the lagoon back through the dug channel towards the houses. This system was never designed to
be operated like this. Several site visits were made to the farm to make sure repairs were being made, and the
inspectors never saw any progress on the work needed. Fill dirt was placed in the channels at the lagoon, but
waste water made its way around the fill material still backing up in the channels.

(b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
Permittee States: There were no hogs at the time of all of the inspections as the farm had been empty for some
time due to the discharge pipe issue. Corrections were made immediately so that the lagoon could not backflow
into the channels. Heavy rains forced me to make this repair twice until the lagoon level could be lowered through
irrigation. The discharge lines were replaced and necessary repairs were made to the lagoon dams in a timely
manner and before hogs could be placed back onto the farm. This farm sat empty for almost 18 months before
all repairs were completed.

DWR Response: Several visits were made to the farm to check on repairs, but little happened while Ms.
Christine McLamb was manager of the farm.

(c) Whether the violation was inadvertent or a result of an accident:

(d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States: This is the first incident that has occurred at Scott Mclamb and Robert Mclamb Farms.
DWR Response: 1 NOD for high freeboard. 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) $_6000.00__________ (enter amount)
Partial Remission %_30_____ or $_1800.00_________ (amount remitted)
Subtotal $_4200.00__________
Retaining Enforcement Costs $_ 637.96__________
Total Revised Assessment $_4837.96__________

Jeff Poupart Date
DocuSign Envelope ID: 0AB240F4-3A22-4EDD-AC40-BFDFE6AF01EF
5/3/2022