310794_CV-2022-0052 CPA F&D_20220701

DocuSign Envelope ID: 496CAA8A-7EDB-45E3-80E4-07D612A23BCC
STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT QUALITY
COUNTY OF DUPLIN
IN THE MATTER OF
JOHN A. MATTHEWS
FOR VIOLATIONS OF SWINE
WASTE MANAGEMENT SYSTEM
GENERAL PERMIT AWG100000
)
)
DV-2022-0052
FINDING AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environmental Quality and
the Director of the Division of Water Resources (DWR), I, Jeff Poupart, Chief of the Water Quality
Permitting Section (WQPS) of the DWR, make the following:
I. FINDINGS OF FACT:
A. John A. Matthews Owns and operates Matthews Farms #1 & #2, a permitted swine
operation located along 695 Wards Road, Rose Hill, North Carolina in Duplin County.
B. John A. Matthews was issued Certificate of Coverage (COC) AWS310794 under Swine
Waste Management System General Permit AWG100000 for Matthews Farms #1 & #2
on October 1, 2019 effective upon issuance, with an expiration date of September 30,
2024.
C. Condition I.1 of the General Permit AWG100000 states that "Any discharge of waste that
reaches surface waters or wetlands is prohibited except as otherwise provided in this
General Permit and associated statutory and regulatory provisions. Waste shall not reach
surface waters or wetlands by runoff, drift, manmade conveyance, direct application,
direct discharge or through ditches, terraces, or grassed waterways not otherwise
classified as state waters." — [G.S. §143-215.10C]
D. On February 22, 2022, a discharge of wastewater/sludge occurred due to a broken
hydrant in the solid set in the sprayfield as well as ponded discharge in the sprayfield.
The discharge from the sprayfield entered an adjacent patch of woods and flowed to a
wetland area that drains to Rockfish Creek (18-74-29, C; Sw). DWR Staff documented
the discharge with pictures and samples.
E. On February 23, 2022, DWR staff observed wastewater discharge during a site visit in
response to a complaint received about wastewater discharge at Matthews farms #1 & #2.
The Division did not receive notification of the discharge when it occurred.
F. Condition IL17 of the AWG100000 General Permit states: "the Operator in Charge (OIC)
or a person under the supervision of an OIC to inspect the land application as often as
necessary to ensure that the animal waste is land applied in accordance with the
CAWMP. In no case, shall the time between inspections be more than 120 minutes
during the application of waste. A record of each inspection shall be recorded on forms
supplied by, or approved by, the Division and shall include the date, time, spray field
number and name of the operator for each inspection. Inspection shall include but not be
limited to visual observation of application equipment, spray fields, subsurface drain

DocuSign Envelope ID: 496CAA8A-7EDB-45E3-80E4-07D612A23BCC
outlets, ditches, and drainage ways for any discharge of waste." [15A NCAC 8F .0203(b)
and 15A NCAC 02T .0108(c)]
G. The broken sprayhead from the solid set continued to discharge waste from the date of
routine spraying by the facility on Sunday, February 20th, until the discharge was
reported to DWR on Tuesday, February 22nd, about 2 days after the facility's spraying
event had ended.
H. Condition IIL19 of General Permit AWG100000 states that "In the event of a discharge
of 1,000 gallons or more of animal waste to surface waters or wetlands, the Permittee
must issue a press release to all print and electronic news media that provide general
coverage in the county in which the discharge occurred setting out the details of the
discharge. The press release must be issued within forty-eight (48) hours after it is
determined that the discharge has reached the surface waters or wetlands. A copy of the
press release and a list of the news media to which it was distributed must be kept for at
least one (1) rear after the discharge and must be distributed to any person upon request."
In addition, the "Permittee shall provide a copy of the press release to the Division." —
[G.S. §143-215.10C(h)(1)]
L The Division was never notified of or given copies of a press release from the facility
regarding the discharge.
J. On March 18, 2022, the Division issued a Notice of Violation (NOV/NOI) with intent to
enforce through the civil penalty assessment process to John A. Matthews.
K. The NOV was sent by certified mail, return receipt requested and received on April 6,
2022.
L. The Permittee responded to the NOV by letter dated April 20, 2022. The Permittee did
not deny that a discharge had occurred. The Permittee asserted that he had made repairs
to the broken pipes and developed a new inspection routine to better identify problems in
the future. The Permittee did not dispute the Division's determination that no press
release was issued.
M. The cost to the State for the enforcement procedures in this matter totaled $1,394.32.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. John A. Matthews is a "person" within the meaning ofN.C.G.S.§143-215.6A pursuant to
N.C.G.S.§143-212(4).
B. The wetland area draining to Rockfish Creek constitutes waters of the State within the
meaning of G.S. 143-215.1 pursuant to G.S.143-212(6).
C. The conditions described in Findings of Fact I.D. & I.E. constituted a violation of Permit
No. AWG100000 due to the unlawful discharge of wastes to waters of the State.
D. The above cited failure of OIC to inspect the land application as often as necessary to
ensure that the animal waste is land applied in accordance with the CAWMP as stated in
Findings of Fact I.G violates Condition IL17 of General Permit AWG100000.

DocuSign Envelope ID: 496CAA8A-7EDB-45E3-80E4-07D612A23BCC
E. The above cited failure to issue a press release within 48 hours of waste discharge to
surface waters or wetlands as stated in Findings of Fact LI violated Condition IIL19 of
General Permit AWG100000.
F. John A. Matthews 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 that twenty-five thousand
dollars ($25,000.00) per violation may be assessed against a person who is required but
fails to act in accordance with terms, conditions, or requirements of a permit required by
G. S. 143-215.1 or who violates or fails to act in accordance with the terms, conditions,
or requirements of any permit issued pursuant to authority conferred by Part 1 or Part 1A
of Article 21, Chapter 143.
G. N.C.G.S.§143-215.6A(b) provides that if any failure to act as required by the rules is
continuous, a civil penalty of not more than $25,000.00 per violation may be assessed for
each day the violation continues.
H. The State's enforcement costs in this matter may be assessed against John A. Matthews
pursuant to G. S. 143-215.3(a)(9) and G. S. 143B-282.1(b)(8).
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, John A. Matthews, owner of Matthews Farms #1 & #2 at the time of the noncompliance is
hereby assessed a civil penalty of:
$5,000.00 For violation of permit condition L1 of the General Permit AWG100000
by failing to prevent discharge of wastes to waters of the State.
$1,000.00
$1,000.00
$7,000.00
$1,394.32
$8,394.32
For violation of Condition IL17 of General Permit AWG100000 for
failure of the Operator in Charge (OIC) or a person under the supervision
of an OIC to inspect the land application as often as necessary to ensure
that the animal waste is land applied in accordance with the CAWMP.
For violation of permit condition 111.19 of the General Permit
AWG100000 by failing to issue a press release within 48 hours of
discharge from the facility.
TOTAL CIVIL PENALTY
Enforcement costs
TOTAL AMOUNT DUE

DocuSign Envelope ID: 496CAA8A-7EDB-45E3-80E4-07D612A23BCC
Pursuant to N.C.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 N.C.G.S.§143B-282.1(b), which
are:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
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;
The duration and gravity of the violation;
The effect on ground or surface water quantity or quality or on air quality;
The cost of rectifying the damage;
The amount of money saved by noncompliance;
Whether the violation was committed willfully or intentionally;
The prior record of the violator in complying or failing to comply with programs
which the Environmental Management Commission has regulatory authority;
The cost to the State of the enforcement procedures.
over
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 John A.
Matthews in accordance with N.C.G.S.§143-215.6(A)(d).
7/7/2022 DocuSigned by:
8F131-9B644DB2478...
(Date)
Jeff Poupart, Chief
Water Quality Permitting Section
Division of Water Resources