The URL can be used to link to this page

Home My WebLink About820695_Civil Penalty Assessment_20231109STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF SAMPSON FILE NO. PC-2023-0029 IN THE MATTER OF ) ) GREENWOOD LIVESTOCK, LLC ) ) 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 (DEQ) and the Director of the Division of Water Resources (DWR), I, Michael Pjetraj, Deputy Director of the Division of Water Resources, make the following: I. FINDINGS OF FACT: A. Greenwood Livestock LLC owned and operated Greenwood Nurseries, a swine operation located along Coach Whip Ln and Shaw Road in Garland NC in Sampson County. B. Greenwood Livestock, LLC was issued Certificate of Coverage AWS820695 under General Permit AWG100000 for Greenwood Nurseries on October 1, 2019, effective upon issuance, with an expiration date of September 30, 2024. C. Condition No. V.2. of General Permit AWG100000 states that “The maximum waste level in lagoons/storage ponds shall not exceed that specified in the facility’s CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not exceed the level that provides adequate storage to contain the 25-year, 24-hour storm event plus an additional one (1) foot of structural freeboard except that there shall be no violation of this condition if: (a) there is a storm event more severe than a 25-year, 24-hour event, (b) the Permittee is in compliance with its CAWMP, and (c) there is at least one (1) foot of structural freeboard.” D. On July 12th, 2023, during a compliance inspection site visit, DWR staff observed the lagoon level at Lagoon one (1) to be 25 inches and the minimum freeboard according to the lagoon design is 31.2 inches as specified in the facility’s CAWMP. All waste from lagoons one (1) through five (5) are transferred to lagoon six (6) from which all waste applications are conducted. Lagoon one (1) previously had an automatic float that would automatically transfer waste back to lagoon 6, but the float was not properly working. The farm owner, Mr. Dean Hilton told DWR staff that they will add a new automatic transfer float. On July 13th, 2023, DWR staff went back on site and documented with pictures that Lagoon one (1) was at 23 inches of freeboard. According to the Plan of Action dated July 13, 2023 and the facility’s letter dated August 28, 2023, the facility transferred waste from lagoon one to lagoon six on July 13, 2023. E. Condition III.17.e of General Permit AWG100000 states that “The Permittee shall report by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of the occurrence of any of DocuSign Envelope ID: A12C98C9-0B6E-4E29-B9D0-65CCD29F392D the following events: e. Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V.2. of this General Permit. F. The freeboard records are documented on a spreadsheet with the July 10th, 2023 lagoon one freeboard labeled as a non-compliant lagoon (highlighted red) with a freeboard of 30 inches. G. On August 11, 2023 the Division issued a Notice of Violation (NOV/NOI) with intent to enforce through the civil penalty assessment process to Greenwood Livestock, LLC identifying the violation of conditions of Permit No. AWG100000. H. The NOV was sent by certified mail, return receipt requested and received on August 14, 2023. I. The Division received a response letter on August 28, 2023. J. The cost to the State for the enforcement procedures in this matter totaled $228.42. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Greenwood Livestock, LLC is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. The above cited exceedance of the maximum liquid level in a waste storage pond as described in Findings of Fact I.D violates Condition V.2 of General Permit AWG100000. C. The above cited failure to report the exceedance of the maximum liquid level of the lagoon within 24 hours of knowledge of the exceedance as described in Findings of Fact I.F violates Condition III.17.e of General Permit AWG100000. D. Greenwood Livestock, LLC 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 the terms, conditions, or requirements of any permit issued pursuant to authority conferred by Part 1 or Part 1A of Article 21, Chapter 143. E. The State's enforcement costs in this matter may be assessed against Greenwood Livestock, LLC 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. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, Greenwood Livestock, LLC is hereby assessed a civil penalty of: DocuSign Envelope ID: A12C98C9-0B6E-4E29-B9D0-65CCD29F392D $1,000.00 For violation of condition V.2 of General Permit AWG100000 for non- compliant lagoon levels. $500.00 For violating Condition No. III.17.e. of General Permit AWG100000 for failure to notify the Division of non-compliant lagoon levels. $1,500.00 TOTAL CIVIL PENALTY $228.42____ Enforcement costs $1,728.42 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6AI, 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 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 Greenwood Livestock, LLC 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: A12C98C9-0B6E-4E29-B9D0-65CCD29F392D 11/9/2023