990012_Civil Penalty Assessment_20230712 (2)

DocuSign Envelope ID:0328F2AE-1DB2-4211-9150-A17A3025DD2B
DIVISION OF WATER RESOURCES
CIVIL PENALTY ASSESSMENT FACTORS
Violator: Tim A. Smitherman Case Number: PC-2023-0009
County: Yadkin Permit Number: AWC990012
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:
The discharge entered a water supply IV, which results in public health concerns and impacts to
waters of the state for natural habitat.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. Sample results indicate elevated levels of Fecal Coliform and nutrient concentrations.
2) The duration and gravity of the violation:
Discharge occurred over approximately 5 days according to records and conversation with farm
contact Sterling Smitherman.
3) The effect on ground water quality,surface water quantity or air quality:
Discharge to waters of the state of wastewater included documented increase in fecal and
nutrients. Fecal coliform levels reached 68,700 col/IOOmL. The standard for fecal coliform is
200 col/IOOmL.
4) The cost of rectifying the damage:
The damage to the environment under these circumstances was likely unrectifiable.
5) The amount of money saved by noncompliance:
The exact amount is unknown but would be equal to the cost of land application to fields further
away and would include fuel and labor or the cost ofpump and haul to a municipal treatment
plant.
6) Whether the violation was committed willfully or intentionally;
The violation for failure to report was willful. DWR does not have sufficient evidence to
conclusively establish that the discharge violations were willful or intentional. However,proper
management of wastes throughout the year would have mitigated and potentially prevented the
violations.
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
Prior violations and assessments:PC-2023-0009-$2410.45 civil penalty, PC-2015-0028-
$11,247 civil penalty, NOD in 2018 for leachate concerns and failure to obtain waste analysis,
NOV in 2019 or leachate concerns and failure to obtain waste analysis, NOV in 2021 for
freeboard and runoff.
8) Cost to the State for the enforcement procedures:
$881.73 Signed by:
7/12/2023 FZ"d P.t frq
Date Michae j'etraj;P.E.