780091_DV-2021-0177 Remission (Decision) CPA Factors_20220503

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS

Case Number: DV-2021-0177 Region: Fayetteville County: Robeson
Assessed Entity: Murphy-Brown, LLC Permit: AWS780091

(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 operator promptly abated continuing environmental damage. As soon as farm
personnel discovered the wastewater in the ditch near the property line, they immediately notified
LMN staff. LNM staff immediately closed the slam gate and called in a contractor with heavy
equipment to block the ditch on the neighbor's property, just above where the ditch enters the
neighbor's pond. The flow was stopped and contained at this point and remediation efforts began. No
wastewater reached the pond.

DWR Response: The discharge occurred from a broken irrigation line crossing a ditch. Once the spill
was noticed, LNM staff blocked the ditch. A slam gate was left open causing the spill to leave the
farm. LMS staff worked through the night returning the waste to the fields. The ditch was flushed
with pond water and that water was also applied to the spray fields. Smithfield LMS crews stayed at
the site for 4 days to make sure the cleanup was completed.

(c) Whether the violation was inadvertent or a result of an accident:
Permittee States: The violation was inadvertent and a result of an accident. The discharge resulted
from a leak in an irrigation line that crossed a ditch, thus causing wastewater to flow into the farm's
storm drainage system. This ditch serves as a secondary containment as it has a slam gate in it near
the property line where it leaves the farm, however the slam gate was inadvertently left partially open
to allow the release of the rainwater from the ditch.

DWR Response: The slam gate should have been closed to prevent the spill from leaving the farm
site.

(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 only been issued an NOD for high freeboard in 2021. 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 $_785.64__________
Total Revised Assessment $_2785.64_________

Jeff Poupart Date
DocuSign Envelope ID: 5CF268DE-1CC1-4AEF-A946-C55E99E1E11A
5/3/2022