740022_DV-2022-0115 CPA Factors_20221205

DIVISION OF WATER RESOURCES
CIVIL PENALTY ASSESSMENT FACTORS

Violator: B& D Swine, LLC Case Number: DV-2022-0115
County: Pitt Permit Number: AWS740022

ASSESSMENT FACTORS
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:
Animal waste has the potential to deplete dissolved oxygen in the affected water body to a point
which is harmful to aquatic life. Waste water also contains nutrients which have the potential to
spawn algal growth to the point which is harmful to aquatic life. In reference to the cited violations,
water samples did confirm that hog waste reached a ditch that leads to Clayroot swamp.

2) The duration and gravity of the violation:
The last irrigation on the soybean sprayfield was on August 19, 2022, and the discharge happened
on August 23, 2022. Waste ponding in the field in conjunction with heavy rainfall contributed to
the runoff and discharge of waste to a ditch that leads to Waters of the State.

3) The effect on ground water quality, surface water quality or air quality:
None documented, but improper management of waste and land application activities can result in
surface and groundwater impacts. No ground water samples were taken but surface water samples
did confirm that animal waste was discharged in to a ditch that leads to Clayroot Swamp.

4) The cost of rectifying the damage:
No remedial actions were taken to recover the waste. To prevent future discharge, the facility has
purchased a V-Ripper to aerate the compacted soil in the sprayfields. And the facility is working
on installing a slam gate. The facility has spent $25,000 on the honey wagon and V-Ripper.

5) The amount of money saved by noncompliance:
The amount of money saved is approximately $5,000 (Cost of a V-Ripper) to aerate the compacted
soil in the sprayfields.

6) Whether the violation was committed willfully or intentionally;
The discharge was not intentional

7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
The facility had no previous violation under the current management.

8) Cost to the State for the enforcement procedures:
$629.19

___________________ ________________________
Date Michael Pjetraj
DocuSign Envelope ID: 63E7EB76-90AB-4EB5-9EEB-523436855375
12/5/2022