820323_Civil Penalty Assessment_20230406 (2)

DocuSign Envelope ID:600C50CB-BBED-4836-924E-FC10EEF4325E
STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF SAMPSON
FILE NO. PC-2023-0005
IN THE MATTER OF )
CODY COOMBS )
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 and the Director of the Division of Water Resources, I, Michael Pjetraj, Deputy Director of the
Division of Water Resources (DWR),make the following:
I. FINDINGS OF FACT:
A. Cody Coombs owned and operated Riverside Farm,a swine operation located along Union
School Hwy, Clinton,NC in Sampson County.
B. Cody Coombs was issued Certificate of Coverage AWS820323 under North Carolina
Swine Waste Management System General Permit AWG100000 for Riverside Farm on
October 1, 2019 effective from the date of issuance,with an expiration date of September
30,2024.
C. Condition 11.5 of General Permit AWG100000 states: "in no case, shall land application
rates result in excessive ponding or any runoff during any given application events."—[15A
NCAC 02T.1304(b)]
D. On October 19,2022,around 1 :40pm,DWR staff noticed when driving by Riverside Farm
that the spray irrigation system was not operating as designed. DWR staff drove down the
farm path and documented that 8 sprinklers were operating at very low pressure with
excessive ponding and runoff. Mr. Nathan Bridgers was called and made aware of the
situation, and he called Mr. Cody Coombs (The owner) and the employee (Jeff) was sent
to cut pump off because Mr. Coombs)was in Raleigh. Jeff returned to the facility around
2:20 pm to cut the system off. DWR staff documented that waste had left the irrigation
field and flowed towards the woods and down the hill at the woods edge towards the hog
houses.Jeff was asked to contain the waste and he did while DWR staff was on site. There
was no evidence that waste reached the waters of the State.
E. Condition 11.17 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 outlets, ditches, and
drainage ways for any discharge of waste." [15A NCAC 8F.0203(b) and 15A NCAC 02T
.0108(c)J

DocuSign Envelope ID:600C50CB-BBED-4836-924E-FC10EEF4325E
F. On October 19, 2022, it was documented that the OIC or OIC designated staff failed to
inspect the waste application site as required in the permit. Jeff has mentioned that the
instructions given to him were, to start the system on and run it for four hours and check
it every two hours . Jeff started the system around 10:00 am and checked it at 12:00 pm
then went to Clinton. Jeff returned to the facility at 2:20 pm only after Mr.Coombs notified
that there is a problem at the farm.No one was on site to ensure that the animal waste was
land applied in accordance with the CA WMP. The Primary OIC for Riverside Farms is
listed as a George David Wells Certification#20053. Cody Coombs nor the employee Jeff
are listed as OIC or backup OIC for Riverside Farms.
G. On October 27, 2022 the Division issued a Notice of Violation(NOV/NOI)with intent to
enforce through the civil penalty assessment process to Cody Coombs identifying the
violations of General Permit AWG100000.
H. The NOV was sent by certified mail,return receipt requested and received on October 31,
2022.
1. DWR received response to the NOV/NOI from the permittee on Dec 4, 2022.
J. The cost to the State of the enforcement procedures in this matter totaled$418.81.
Based upon the above Findings of Fact,I make the following:
II. CONCLUSIONS OF LAW:
A. Cody Coombs is a"person"within the meaning of G.S. 143-215.6A pursuant to G.S. 143-
212(4).
B. The above cited excessive ponding and runoff during application events as stated in
Findings of Fact I.D violates Condition 11.5 of General Permit AWG100000 requiring that
in no case,shall land application rates result in excessive ponding or any runoff during any
given application events.
C. 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.F violates Condition 11.17 of General Permit AWG100000 requiring that
the Operator in Charge (OIC) or a person under the supervision of an OIC to inspect
application equipment, spray fields, subsurface drain outlets, ditches, and drainage ways
for any discharge of waste.
D. Cody Coombs 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 terms, conditions, or requirements of any permit issued pursuant
to authority conferred by Part 1 or Part I of Article 21, Chapter 143.
E. The State's enforcement costs in this matter may be assessed against Cody Coombs
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
F. The Deputy Director of the 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.

DocuSign Envelope ID:600C50CB-BBED-4836-924E-FC10EEF4325E
Based upon the above Findings of Fact and Conclusions of Law,I make the following:
III. DECISION:
Accordingly, Cody Coombs, owner of Riverside Farm at the time of the noncompliance is hereby
assessed a civil penalty of:
$500.00 For violating of Condition II.5 of General Permit AWG100000 for failure
to prevent land application rates that resulted in excessive ponding and
runoff during any given application events.
$500.00 For violation of Condition 11.17 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.
$1000.00 TOTAL CIVIL PENALTY
$418.81 Enforcement costs
$1418.81 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. 14313-282.1(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 Cody Coombs in
accordance with N.C.G.S. 143-215.6(A)(d).
Signed by:
4/6/2023 FZAd hae PjarJ 1
(Date) Mic
Deputy Director
Division of Water Resources