310475_Remission (Decision)_20230907 (2)

STATE OF NORTH CAROLINA

COUNTY OF DUPLIN
BEFORE THE
REMISSION COMMITTEE OF THE
ENVIRONMENTAL MANAGEMENT
COMMISSION
DWR-PC 2022-0009

IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
RUFUS E. ROUSE

)
)
)

FINAL DECISION

THIS MATTER came before the Civil Penalty Remissions Committee (“Committee”) of
the Environmental Management Commission, pursuant to N.C.G.S. §143-215.6A and §143B-
282.1, on July 13, 2023, upon the recommendation of the Director of the Division of Water
Resources (“DWR”) designee, Ramesh Ravella, Branch Supervisor of DWR’s Animal Feeding
Operations Branch, for entry of a final decision on the assessment of a civil penalty and
investigation costs against Rufus E. Rouse, totaling Two Thousand Four Hundred Fifty-five
Dollars and Twenty Cents ($2,455.20).
On February 24, 2022, Rufus E. Rouse was assessed civil penalties of $2,455.20, which
included $455.20 investigative costs for several violations of N.C.G.S. 143-215 et seq. and the
General Permit AWG100000 as follows:
 $1,000.00 - for failure to prevent noncompliant waste levels in the lagoons that rose to
dangerous levels and impacted the structural integrity of the lagoon in violation of
Condition V2 of the General Permit AWG100000.

 $1,000.00 - for failure to notify the Division of noncompliant waste levels in the
lagoons for more than twenty-four (24) hours and the 5-day written report of the
occurrence; and failure to maintain storage capacity in a lagoon/storage pond greater
than or equal to the requirement of Condition V2 in violation of Condition III.17(e) of
the General Permit AWG100000.

On July 28, 2022, the DWR received a request for remission of the assessed civil
penalty, including a “Justification for Remission Request” and a “Waiver of Right to an
Administrative Hearing and Stipulation of Facts.” On December 5, 2022, the DWR’s director,

-2-
through his designee, considered the request for remission of the assessed penalty and the
justification submitted by Rufus E. Rouse as well as the required statutory factors. No grounds
were found to modify the initial assessed civil penalty. Rufus E. Rouse has had two previous
enforcement actions during the prior five-year period, both for failing to pay annual fees. Mr.
Rouse appeared before the Committee. The request for remission was presented to the Civil
Penalty Remissions Committee based on the written submissions from the DWR and the oral
presentation made by Mr. Rouse.
Having considered the facts contained in the record and the factors set forth in N.C.G.S. §
143B-282.1(b) and (c), the Civil Penalty Remissions Committee, Group I, for consideration on
July 13, 2023, finds and incorporates herein the facts contained in the Findings and Decision and
Assessment of Civil Penalties as stipulated to by Rufus E. Rouse. Additionally, the Committee
concludes that the record supports the Findings of Fact. The Findings of Fact in turn support the
Conclusions of Law. The Committee further concludes that the DWR properly considered and
applied the factors set forth in N.C.G.S. § 143B-282.1 in determining the amount of the civil
penalty and considering the request for remission.
Pursuant to N.C.G.S. § 143B-282.1(c), the Committee has considered the statutory factors
and the recommendation of the Director, and concludes that NO GROUNDS have been shown by
Mr. Rouse nor are facts present in the record to support the Request for Remission or reduction of
the penalty assessed by the Director for the violations. Upon duly made motion and vote, the
Committee DENIES the Request for Remission and, therefore, UPHOLDS the civil penalty
assessment of Two Thousand ($2,000.00) with investigative costs of Four Hundred Fifty-five

-3-
Dollars and Twenty Cents ($455.20) for the total amount of Two Thousand Four Hundred Fifty-
five and Twenty Cents ($2,455.20).
THEREFORE, IT IS ORDERED AND ADJUDGED that:
1. The Request failed to demonstrate the presence of any grounds sufficient to remit
the civil penalty pursuant to N.C.G.S. § 143B-282.1(c), and the Request is, therefore, DENIED.
Because no grounds exist to support the remission of the penalty at issue, the civil penalty of
$2,000.00, and investigative costs in the amount of $455.20 are UPHELD in the total amount of
$2,455.20.
2. This Final Decision and Order shall be served upon Rufus E. Rouse and upon
receipt hereof, the amount of Two Thousand Four Hundred Fifty-five Dollars and Twenty Cents
($2,455.20) shall be paid to the Department of Environmental Quality within thirty days as
required by law.
This the 7th day of September, 2023.

ENVIRONMENTAL MANAGEMENT COMMISSION

_____________________________________
Robin W. Smith, Chair
Environmental Management Commission

-4-
CERTIFICATE OF SERVICE

This is to certify that I have this day served a copy of the foregoing FINAL DECISION on
the parties listed below by the methods indicated:
Rufus E. Rouse Certified Mail/Return Receipt Requested
Reedy Meadows Farm 1&2 Receipt #: 7002 3150 0000 1285 5447
1658 Pasture Branch Rd.
Beulaville, NC 28518

Richard Rogers, Director electronically: [e-mail]
Division of Water Resources

Thomas E. Tharrington electronically: [e-mail]
Assistant Regional Supervisor
Wilmington WQ Regional Office

Ramesh Ravella, Supervisor electronically: [e-mail]
Animal Feeding Operations Branch

Michael P. Pjetraj, Ass’t Branch Chief electronically: [e-mail]
WQ Permitting Section

Miressa D. Garoma electronically: [e-mail]
Animal Feeding Operations Program

This the 7th day of September, 2023.

JOSH STEIN
Attorney General

/s/ Phillip T. Reynolds
Phillip T. Reynolds
Special Deputy Attorney General
N.C. Department of Justice
P. O. Box 629
Raleigh, N.C. 27602