020002_PC-2022-0031 CPA FDA_20220601

DocuSign Envelope ID: C38D1 E96-536E-423A-A6E5-F15545B030D7
STATE OF NORTH CAROLINA
COUNTY OF ALEXANDER
IN THE MATTER OF
KENT HERMAN
FOR VIOLATIONS OF SWINE WASTE
MANAGEMENT SYSTEM
GENERAL PERMIT AWG200000
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
FILE NO. PC-2022-0031
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Depailnient of Environmental
Quality and the Director of the Division of Water Resources, I, Jeff Poupart, Chief of the Water Quality
Permitting Section of the Division of Water Resources (DWR), make the following:
I. FINDINGS OF FACT:
A. Kent Herman owned and operated Herman Dairy Farm, Inc, a cattle animal feeding
operation located off of Three Forks Church Road, Taylorsville, in Alexander County.
B. Kent Herman was issued Certificate of Coverage AWCO20002 under General Permit
AWG200000 for Herman Dairy Farm, Inc on October 1, 2019 effective from the date of
issuance, with an expiration date of September 30, 2024.
C. Condition IL16. of General Permit AWG200000 states that "The Permiee shall designate
a certified animal waste management system operator with a valid certification to be in
charge of the animal waste management system. The waste management system shall be
operated by the Operator in Charge (OIC) or a person under the OIC's supervision. — [G.S.
§90A-47.2]
D. On December 14, 2021, staff of the NC Division of Water Resources (DWR), Water
Quality Regional Operations Section conducted an annual compliance evaluation
inspection. The owner was present during the inspection. During the inspection it was
noted that Herman Dairy, Inc., does not have a designated OIC.
E. Condition IIL1. of General Permit AWG200000 states that "An inspection of the waste
collection, treatment, and storage structures, and runoff control measures shall be
conducted and documented at a frequency to insure proper operation but at least monthly
and after all storm events of greater than one (1) inch in 24 hours. For example,
lagoons/storage ponds, and other structures should be inspected for evidence of erosion,
leakage, damage by animals or discharge. Inspection shall also include visual observation
of subsurface drain outlets, ditches, and drainage ways for any discharge of waste." — [15A
NCAC 02T .1304(b)].
F. Condition IIL2. of General Permit AWG200000 states that "The waste level in each lagoon
with a waste level gauge shall be monitored and recorded weekly on forms supplied by or
approved by the Division." — [15A NCAC 02T . 0108(c)]

DocuSign Envelope ID: C38D1 E96-536E-423A-A6E5-F15545B030D7
G. Condition IIL3. of General Permit AWG200000 states that "A rain gauge must be installed
at a site that is representative of the weather conditions at the farm's land application site(s).
Daily records of precipitation type and amount must be recorded for all precipitation events
and maintained on site for review by the Department of Environmental Quality
(Department). Daily records do not need to be maintained for those days without
precipitation events." — [1 SA NCAC 02T . 0108(c)]
H. Condition IIL4. of General Permit AWG200000 states that "A representative Standard Soil
Fertility Analysis, including pH, phosphorus, copper, and zinc, shall be conducted at least
once every three (3) years on each application field receiving animal waste". — [G.S. § 143-
21 S.10C(e) (6)J
Condition IIL5. of General Permit AWG200000 states that "An analysis of a representative
sample of the animal waste to be applied shall be conducted in accordance with
recommended laboratory sampling procedures as close to the time of application as
practical and at least within sixty (60) days (before or after) of the date of application.
Every reasonable effort shall be made to have the waste analyzed prior to the date of
application and as close to the time of waste application as possible. "— [G.S. §143-
215.10C(e)(6)]
J. Condition IIL9. of General Permit AWG200000 states that "If, for any reason, there is a
discharge from the waste collection, treatment, storage and application systems (including
the land application sites), to surface waters or wetlands, the Permittee is required to make
notification in accordance with Condition I1I.17."
K. Condition III.15. of General Permit AWG200000 states that "A copy of this General
Permit, the facility's COC, certification forms, lessee and landowner agreements, the
CAWMP and copies of all records required by this General Permit and the facility's
CAWMP shall be maintained by the Permittee in chronological and legible form for five
(5) years." — [1 SA NCAC 02T . 0108(c)]
L. On December 14, 2021, DWR staff conducted an annual compliance evaluation inspection.
During the inspection it was noted that Herman Dairy, Inc., no components of the CAWMP
were readily available, and no Monitoring and Reporting Requirements were completed
for the second year in a row.
M. On January 27, 2022 the Division issued a Notice of Violation (NOV/NOI) with intent to
enforce through the civil penalty assessment process to Kent Herman identifying the
violation of Permit No. AWG200000.
N. The NOV was sent by certified mail, return receipt requested and received on February 4,
2022.
O. The cost to the State of the enforcement procedures in this matter totaled $197.20.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Kent Herman is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-
212(4).

DocuSign Envelope ID: C38D1 E96-536E-423A-A6E5-F15545B030D7
B. The above cited failure to provide a valid certified Operator in Charge as described in
Findings of Fact I.D violates Condition 11.16 of General Permit AWG200000.
C. The above cited failure to properly monitor and record freeboard levels, the waste level in
each lagoon with a waste level gauge weekly, failure to properly monitor and record
precipitation events daily on forms supplied by or Approved by the Division, failure to
conduct Standard Soil Fertility Analysis, conduct analysis of a representative sample of the
animal waste to be applied, failure to maintain records required by this General Permit and
the facility's CAWMP as described in Findings of Fact I.L violates Condition IIL 1, 2, 3,
4, 5, 9 & 15 of General Permit AWG200000.
D. Kent Herman may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2), which provides that a civil penalty of not more than twenty-five thousand
dollars ($25,000.00) per violation may be assessed against a person who is required but
fails to apply for or to secure a permit required by G.S. 143-215.1.
E. The State's enforcement costs in this matter may be assessed against Kent Herman pursuant
to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
F. The Chief of the Water Quality Permitting Section, Division of Water Resources, pursuant
to delegation provided by the Secretary of the Department of Environmental Quality and
the Director of the Division of Water Resources, has the authority to assess civil penalties
in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Kent Herman, owner of Herman Dairy Farm, Inc at the time of the noncompliance is
hereby assessed a civil penalty of:
$1,000.00 For violation of Condition IL16 of the General Permit AWG200000 for
failure to provide a valid certified Operator in Charge.
$3,500.00
$4,500.00
$197.20
$4,697.20
For violation of Condition IIL1, 2, 3, 4, 5, 9 & 15 of General Permit
AWG200000 for failing to properly inspect the waste collection system as
required by the permit, for failing to properly monitor and record freeboard
levels, for failing to properly monitor and record precipitation events,
failure to conduct Standard Soil Fertility Analysis, conduct analysis of a
representative sample of the animal waste to be applied, failure to maintain
records required by General Permit and the facility's CAWMP.
TOTAL CIVIL PENALTY
Enforcement costs
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:

DocuSign Envelope ID: C38D1 E96-536E-423A-A6E5-F15545B030D7
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations
occurring after the assessment period indicated above. Each day of a continuing violation may be
considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties
and investigative cost may be assessed for any other rules and statutes for which penalties have not
yet been assessed.
V TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Kent Herman in
accordance with N.C.G. S. 143-215.6(A)(d).
DocuSigned by:
6/2/2022 l ��
(Date) Jeff Poupaartt,,9Chief
Water Quality Permitting Section
Division of Water Resources