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Home My WebLink About450007_Civil Penalty Assessment_20230725 1 STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF HENDERSON IN THE MATTER OF MICHAEL R. CORN FOR VIOLATIONS OF CATTLE WASTE MANAGEMENT SYSTEM NPDES GENERAL PERMIT NCA300000 PURSUANT TO NORTH CAROLINA GENERAL STATUTE 143-215.1 ) FILE NO. PC-2023-0022 ) ) ) ) FINDINGS AND DECISION ) AND ASSESSMENTS OF ) CIVIL PENALTIES ) Acting pursuant to delegation provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources (DWR), I, Michael Pjetraj, Deputy Director of the Division of Water Resources (Division), make the following: I. FINDINGS OF FACT: A. Michael R. Corn owned and operated Small Acres Dairy, a cattle animal feeding operation located at 1470 Jeffress Rd. in Henderson County. B. Michael R. Corn was issued Certificate of Coverage (COC) NCA345007 under National Pollutant Discharge Elimination System (NPDES) General Permit NCA300000 for Small Acres Dairy on September 15, 2017, effective upon issuance, with an expiration date of June 30, 2022. C. In accordance with North Carolina General Statutes (NCGS) 143-215 et seq. and Section 402 of the Clean Water Act, the permitted facility has been found to be in violation of Cattle Waste Management System NPDES General Permit No. NCA300000 and the subject Certified Animal Waste Management Plan (CAWMP). The CAWMP specifies the locations and methods of waste utilization. D. Condition V.9 of NPDES General Permit NCA300000 states “If the Permittee wishes to continue an activity regulated by this General Permit after the expiration date of this General Permit, the Permittee must apply for and obtain a new COC. Renewal application must be filed at least 180 calendar days prior to the expiration of the General Permit.” E. The permit for the facility expired June 30, 2022. To-date, DWR has not received an application for renewal. F. Condition IV.12 of NPDES General Permit NCA300000 states “All waste application equipment must be tested and calibrated at least once per year. The results must be documented on forms provided by, or approved by, the Division.” – [15A NCAC 02T .1305(b)] G. On November 8, 2022, Division staff conducted a routine compliance inspection of the Small Acres Dairy facility. During this inspection the Permittee, Michael R. Corn, was unable to DocuSign Envelope ID: 5FF772D9-CCCC-46D9-A4D0-58743C8667D8 2 provide calibration records for the facility’s on-site irrigation equipment. The requested facility records were not provided to the Division. H. Condition IV.8 of NPDES General Permit NCA300000 states “The Permittee shall perform a phosphorus-loss evaluation prior to application for renewal of this Permit in accordance with state and federal requirements. This evaluation must be documented on forms supplied by or approved by the Division and must be submitted to the Division. Upon completion of the phosphorous-loss evaluation, the CAWMP shall be updated to include the current risk assessment rating and submitted to the Division upon application for renewal of this Permit.” I. On November 8, 2022, Division staff conducted a routine compliance inspection of the Small Acres Dairy facility. During this inspection the Permittee, Michael R. Corn, was unable to provide Phosphorous-loss evaluation records. The requested facility records have yet to be received by the Division. J. Condition IV.7 of NPDES General Permit NCA300000 states “A Standard Soil Fertility Analysis, including pH, phosphorus, copper, and zinc, shall be conducted on each application field receiving animal waste in accordance with G.S. 143-215.10C(e)(6). The analysis must be conducted at least once every three years.” K. On November 8, 2022, Division staff conducted a routine compliance inspection of the Small Acres Dairy facility. During this inspection the Permittee, Michael R. Corn, was unable to provide Standard Soil Fertility Analysis records. The requested facility records have yet to be received by the Division L. Michael R. Corn had no valid permit for the above-described activity. M. On December 7, 2022 the Division issued a Notice of Violation with Notice of Intent to Enforce (NOV/NOI) through the civil penalty assessment process to Michael R. Corn identifying violations of NCGS 143-215 et seq., Section 402 of the Clean Water Act, and the NPDES General Permit NCA300000. The NOV/NOI was sent via certified mail, return receipt requested, and was received on June 22, 2020. N. On January 22, 2021, The Division issued a Notice of Violation with Notice of Intent to Enforce (NOV/NOI) through the civil penalty assessment process to Michael R. Corn identifying violations of NCGS 143-215 et seq., Section 402 of the Clean Water Act, and the NPDES General Permit NCA300000. The NOV/NOI was sent via certified mail, return receipt requested, and was received on December 9, 2022. O. The cost to the State of the enforcement procedures in this matter totaled $197.36. Based upon the above Findings of Facts, I make the following: II. CONCLUSIONS OF LAW: A. Michael R. Corn is a “person” within the meaning of G.S. 143-215.6A pursuant to G.S. 143- 212(4). B. A permit for an animal waste management system is required by NCGS 143-215.1. C. The above-cited application of waste to fields not specified in the facility’s CAWMP as stated in Findings of Fact I.E violates Condition V.9 of NPDES General Permit NCA300000 which states Permit Renewal application must be filed at least 180 calendar days prior to the expiration of the General Permit. DocuSign Envelope ID: 5FF772D9-CCCC-46D9-A4D0-58743C8667D8 3 D. The above-cited failure to provide records of waste application equipment calibration as stated in Findings of Fact I.G violates Condition IV.12 of NPDES General Permit NCA300000 which requires that the Permittee provide a record that waste application equipment is calibrated at least once per year. E. The above-cited failure to provide animal stocking records as stated in Findings of Fact I.I violates Condition IV.8 of NPDES General Permit NCA300000 which states the Permittee shall perform a phosphorus-loss evaluation prior to application for renewal. F. The above-cited failure to provide record of a Standard Soil Fertility Analysis as stated in Findings of Fact I.K violates Condition IV.7 of NPDES General Permit NCA300000 which requires that a Standard Soil Fertility Analysis be conducted at least once per three years. G. Michael R. Corn 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 act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1. H. General Statute 143-215.3(a)(9) and G.S. 143B-282.1(b)(8) provides that the reasonable costs of any investigation, inspection or monitoring survey may be assessed against a person who violates any regulations, standards, or limitations adopted by the Environmental Management Commission or violates any terms or conditions of any permit issued pursuant to NCGS 143- 215.1, or special order or other document issued pursuant to NCGS 143-215.2. I. 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. Based upon the above Findings of Facts and Conclusions of Law, I make the following: III. DECISION: Accordingly, Michael R. Corn, owner of Small Acres Dairy at the time of the noncompliance is hereby assessed a civil penalty of: $2,000.00 For violation of Condition V.9 of the NPDES General Permit NCA300000 by failing to apply for and obtain a new COC. Renewal application must be filed at least 180 calendar days prior to the expiration of the General Permit. $2,000.00 For violation of Condition IV.12 of the NPDES General Permit NCA300000 by failing to provide calibration records. $1,000.00 For violation of Condition IV.8 of the NPDES General Permit NCA300000 by failing to perform a phosphorus-loss evaluation prior to application for renewal of this Permit in accordance with state and federal requirements. $1,000.00 For violation of Condition IV.7 of the NPDES General Permit NCA300000 for failure to provide record of a Standard Soil Fertility Analysis. DocuSign Envelope ID: 5FF772D9-CCCC-46D9-A4D0-58743C8667D8 4 $6,000.00 TOTAL CIVIL PENALTY $ 197.36 Enforcement costs $6,197.36 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 quantity or quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or 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; (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 Michael R. Corn in accordance with N.C.G.S. 143-215.6(A)(d). ____________________ ____________________________________ (Date) Michael Pjetraj, P.E. Deputy Director Division of Water Resources DocuSign Envelope ID: 5FF772D9-CCCC-46D9-A4D0-58743C8667D8 7/25/2023