090146_DV-2022-0013 CPA F & D_20220804

STATE OF NORTH CAROLINA
COUNTY OF BLADEN
IN THE MATTER OF
CHAD WAYNE HAZELWOOD
FOR VIOLATIONS OF SWINE WASTE
MANAGEMENT SYSTEM
GENERAL PERMIT AWG100000
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
FILE NO. DV-2022-0013
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environmental
Quality and I, Richard Rogers Jr, the Director of the Division of Water Resources, (DWR), make the
following:
L FINDINGS OF FACT:
A. Chad Hazelwood owned and operated Hazelwood Family Farm, a swine operation located
along SR 1527 Peter Cromartie Road Garland, NC. Bladen County.
B. Chad Wayne Hazelwood was issued Certificate of Coverage AWS090146 under General
Permit AWG100000 for Hazelwood Family Farms on October 1, 2019 effective from the
date of 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 September 10, 2021, DWR received a complaint about your farm. The complaint was
about waste flowing from hog houses, lagoons flowing over, and dead hogs in the barns.
DWR staff documented waste flowing from both houses from the back doors. Water
samples taken on September 13, 2021 indicated that waste had reached ditches around your
farm. At house# 1, DWR staff documented the waste after leaving the house went into a
field and ponded with evidence of waste going into the ditch and is confirmed with water
samples. DWR staff inspected house #2 (two) and found a high volume of waste flowing
from under the back door on to the ground behind the house. Animal waste flowed into a
ditch leading from behind the house and into an Unnamed tributary to Long Branch. Waste
continued to collect in a large area inside the wooded area next to the house. Some waste
flowed into a ditch leading from behind the house and confirmed by water samples Animal
waste flowed into a ditch leading from behind the house and into an Unnamed tributary to
Long Branch. The lift stations were full and needed the waste transferred to the lagoons,
and by the pits being full, waste was forced to flow out of the house. In two inspections
(October 24, 2020 and January 4, 2021) preceding to the inspection on Sep 10,
2021, DWR staff noticed waste discharges at both houses and you were advised to

maintain the lift stations properly and pump waste from the lift stations in to the
lagoon to avoid any future discharges.
E. Condition 111.17. of General Permit AWG 100000 states that "The Permittee shall report by
telephone to the appropriate Division Regional Office as soon as possible, but in no case
more than twenty-four (24) hours following first knowledge of the occurrence of any of
the following events: (a) Failure of any component of the animal waste management
system resulting in a discharge to ditches, surface waters, or wetlands." [15A NCAC 027'
. 0108(b)].
F. DWR has no record of receiving the 24-hour notification and the 5-day written report. The
DWR has no record of you reporting non -compliant lagoon levels prior to September 10,
2021. The DWR was made aware of the farm condition from a complaint on September
10, 2021. During the inspection on Sep 10, 2021, you admitted that you were on the farm
during the Labor Day weekend (Sep 4-6, 2021) and saw that the conditions at the farm
were already deteriorated. During that conversation, you also mentioned that no one had
been to the farm for at least two weeks to care for the hogs and the farm.
G. Condition II.1 of General Permit AWG100000 states, the collection, treatment, and storage
facilities, and the land application equipment and fields shall always be properly operated
and maintained. — [15A NCAC 02T .1304(b)]
H. On September 10, 2021 during the compliance inspection, it was documented that you had
not corrected the issues that were brought to your attention in October 2020 and January
2021. During your October 2020 Routine Compliance inspection, it was noted that the lift
stations at both houses showed signs of past discharges of waste on the ground next to
them. You were advised to maintain the lift stations as designed and stop this from
happening again. In addition to waste coming from house #2 it was coming from house #1
also. During follow-up inspections, it was determined that you were not flushing your pits
as often as necessary to prevent the waste from becoming too thick to be pumped to the
lagoons. On January 4, 2021, during the structural evaluation inspection, waste was
observed coming from house #2, caused by waste backed up in the house due to waste in
the lift station not being pumped to the lagoon. A NOV was issued on Feb 15, 2021, and
civil penalties were assessed on Sep 27, 2021.
Condition II.10. of the General Permit AWG100000 states that "Disposal of dead animals
must occur within twenty-four (24) hours after knowledge of the death in a manner
approved by the State Veterinarian. Proposed methods for disposal of mortality that
extends beyond twenty-four (24) hours must be approved by the State Veterinarian. Burial
is not recommended for disposal of dead animals. Mortality management plans that utilize
burial must include maps showing existing and planned burial locations with setbacks from
surface waters, wells, and property lines. The Division may require groundwater
monitoring for mortality burial sites." — [G.S. §143-215.10C(e)(3) and §106-403]
J. On September 10, 2021, DWR staff documented that hundreds of hogs were in a disposal
container that was picked up by Valley Protein to be taken away for rendering. Documented
evidence in the hog houses confirmed that hogs were not removed within 24 hours after
their death. During the inspection on Sep 10, 2021, you admitted that you were on the farm
during the Labor Day weekend (Sep 4-6, 2021) and saw that the conditions at the farm
were already deteriorated. During that conversation, you also mentioned that no one had
been to the farm for at least two weeks to care for the hogs and the farm.

K. Condition III.1. of General Permit AWG100000 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)].
L. On September 10, 2021 neither you nor your OIC were present at the farm and had not
been for at least two weeks. The only person on site trying to prevent the continuing
discharge of waste was a friend that heard about the farm condition and did what he could.
M. Condition III.2. of General Permit AWG100000 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)]
N. On September 13, 2021 during record review with Brandon Norris your OIC, it was
documented that no freeboard levels were recorded between July 25, 2021, and the date of
the inspection.
O. Condition III.3. of General Permit AWG100000 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." — [15A NCAC 02T . 0108(c)]
P. On September 13, 2021, it was documented that no rainfall events were recorded after July
19, 2021 for the facility, even though multiple rain events occurred in this area from July
to September.
Q.
On December 6, 2021 the Division issued a Notice of Violation (NOV/NOI) with intent to
enforce through the civil penalty assessment process to Chad Wayne Hazelwood
identifying the violation of Permit No. AWG100000 due to the unlawful discharge of
wastes to waters of the State.
R. The NOV was sent by certified mail, return receipt requested and received on December
14. 2021.
S. The cost to the State of the enforcement procedures in this matter totaled $736.91.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Chad Wayne Hazelwood is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. The unnamed tributary to Long Branch constitutes waters of the State within the meaning
of G.S. 143-212(6).

C. The conditions described in Findings of Fact 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 in Findings of Fact I.G to provide notification to the Regional
Office violated Condition III.17.a. of the General Permit AWG100000.
E. The above -cited conditions described in Findings of Fact I.I violates Condition II.1 of the
General Permit AWG100000 to properly operate and maintain the collection, treatment,
and storage facilities, and the land application equipment and fields.
F. The above -cited failure to properly dispose dead animals as described in Findings of Fact
I.K violates Condition 11.10 of General Permit AWG100000 which requires to properly
dispose of dead animals which must occur within twenty-four (24) hours after knowledge
of the death in a manner approved by the State Veterinarian.
G. The above -cited failure to inspect the waste collection system as required by the permit as
stated in Findings of Fact I.M violates Condition 111.1 of General Permit AWG100000.
H. The above -cited failure to properly monitor and record freeboard levels, the waste level in
each lagoon with a waste level gauge weekly on forms supplied by or approved by the
Division as described in Findings of Fact I.O violates Condition 111.2 of General Permit
AWG100000.
I. The above -cited failure to properly monitor and record precipitation events daily on forms
supplied by or approved by the Division as described in Findings of Fact I.Q violates
Condition III.3 of General Permit AWG100000.
J. Chad Wayne Hazelwood 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 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.
K. The State's enforcement costs in this matter may be assessed against Chad Wayne
Hazelwood pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
I,. The Director of the Division of Water Resources, pursuant to delegation provided by the
Secretary of the Department of Environmental Quality, 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, Chad Wayne Hazelwood, owner of Hazelwood Family Farms at the time of the
noncompliance is hereby assessed a civil penalty of:
$6000.00 For violation of Condition I.1 of General Permit AWG100000 for
discharge of animal waste to the waters of the State.

S2000.00
S5000.00
S6000.00
For violating Condition I11.17.a of the General Permit AWG100000, for
failure to report by telephone to the appropriate Division Regional Office
about discharge of animal waste to the waters of the State.
For violation of Condition II.1. of General Permit AWG100000 for failing
to properly maintain the waste collection, treatment, and storage facilities
at all times.
For violation of Condition 11.10 of General Permit AWG100000 for failing
to properly dispose of dead animals which must occur within twenty-four
(24) hours after knowledge of the death in a manner approved by the State
Veterinarian.
4000.00 For violation of Condition 111.1 of General Permit AWG100000 for failing
to properly inspect the waste collection system as required by the permit.
S 1000.00
S 1000.00
For violation of Condition III.2 of General Permit AWG100000 for failing
to properly monitor and record freeboard levels, the waste level in each
lagoon with a waste level gauge weekly on forms supplied by or approved
by the Division.
For violation of Condition 111.3 of General Permit AWG 100000 for failing
to properly monitor and record precipitation events daily on forms
supplied by or approved by the Division.
25000.00 TOTAL CIVIL PENALTY
s736.91 Enforcement costs
$25.736.91 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:
(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.
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 Chad Wayne
Hazelwood in accordance with N.C.G.S. 143-215.6(A)(d).
(Date)
Richard E. Rogers Jr.,
Director, Division of Water Resoujces