740022_DV-2022-0115 F&D_20221130

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY

COUNTY OF PITT

FILE NO. DV-2022-0115
IN THE MATTER OF )
)
B & D SWINE, LLC )

) FINDINGS AND DECISION
FOR VIOLATIONS OF SWINE WASTE ) AND ASSESSMENT OF
MANAGEMENT SYSTEM ) CIVIL PENALTIES
GENERAL PERMIT AWG100000 )

Acting pursuant to delegation provided by the Secretary of the Department of Environmental
Quality, I, Michael Pjetraj, the Acting Chief of the Water Quality Permitting Section of the Division of
Water Resources, (DWR), make the following:

I. FINDINGS OF FACT:
A. B & D Swine, LLC owned and operated Keene Farm, a swine animal feeding operation in
Pitt County.

B. B & D Swine, LLC was issued Certificate of Coverage AWS740022 under General Permit
AWG100000 for Keene Farm 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 August 23, 2022, the Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), Washington Regional Office (WaRO) staff conducted an
annual compliance inspection and noted ponding and runoff from a soybean sprayfield.
The runoff flowed to nearby drainage ditch and the flow continued offsite. The Division
followed the path of the waste runoff approximately 1500 feet to a drain tile off Hwy 43.
The Division staff took samples and results showed the presence of wastewater in the ditch.
The subject ditch flows and directly discharges into Clayroot Swamp at a location beyond
where samples were collected. No recovery of wastewater from within the ditch was
performed. Wastewater within the ditch would have ultimately flowed unabated into
Clayroot Swamp.

E. Upon further investigation the Division found the facility irrigated a few days before the
inspection. And the night before the inspection, there was a heavy rain event. Wastewater
runoff following the rain-event was attributed to ponding of wastewater that remained in
irrigation fields following an irrigation event. The ponding, which contributed to the
wastewater runoff, was a result of the receiving soybean sprayfield being overly compacted
due to historical cattle grazing (previously under Bermuda crop) and having limited
infiltration capacity.

DocuSign Envelope ID: 63E7EB76-90AB-4EB5-9EEB-523436855375

F. On September 6, 2022 the Division issued a Notice of Violation (NOV/NOI) with intent to
enforce through the civil penalty assessment process to B & D Swine, LLC identifying the
violation of Permit No. AWG100000 due to the unlawful discharge of wastes to waters of
the State.

G. The NOV was sent by certified mail, return receipt requested and received on September
9, 2022. B & D Swine, LLC provided a written response to the NOV/NOI dated September
16, 2022.

H. The cost to the State of the enforcement procedures in this matter totaled $629.19.

Based upon the above Findings of Fact, I make the following:

II. CONCLUSIONS OF LAW:
A. B & D Swine, LLC is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4).

B. Clayroot Swamp constitutes waters of the State within the meaning of G.S. 143-212(6).

C. The conditions described in Findings of Fact I.D constituted a violation of Permit No.
AWG100000 due to the unlawful discharge of wastes to a ditch that leads to waters of the
State.

D. B & D Swine, LLC 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.

E. The State's enforcement costs in this matter may be assessed against B & D Swine, LLC
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, B & D Swine, LLC, owner of Keene Farm at the time of the noncompliance is hereby
assessed a civil penalty of:

$2000.00 ___ For violation of Condition I.1 of General Permit AWG100000 for
discharge of animal waste to the waters of the State.

$2000.00 __ TOTAL CIVIL PENALTY

$629.19____ Enforcement costs

$2629.19 __ TOTAL AMOUNT DUE
DocuSign Envelope ID: 63E7EB76-90AB-4EB5-9EEB-523436855375

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.

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 B & D Swine,
LLC in accordance with N.C.G.S. 143-215.6(A)(d).

_________________ _______________________________
(Date) Michael Pjetraj, Acting Chief
Water Quality Permitting Section
DocuSign Envelope ID: 63E7EB76-90AB-4EB5-9EEB-523436855375
12/5/2022