450024_Civil Penalty Assessment_20231207

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY

COUNTY OF HENDERSON

IN THE MATTER OF: ) FILE NO. SP-2023-0035
B & B BEEF FARMS, LLC )
)
FOR VIOLATIONS OF: ) FINDINGS AND DECISIONS
NORTH CAROLINA GENERAL ) AND ASSESSMENT OF
STATUTES G.S. 143-215.1(a)(1) ) 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, I, Michael Pjetraj, Deputy Director, Division of Water
Resources (DWR), make the following:

I. FINDINGS OF FACT:

A. B & B Beef Farms, LLC owns and operates B & B Beef Farm, and a Parcel Identification Number
(PIN) 9621-75-1804, located on South Mills River Road in Henderson County, North Carolina.

B. B & B Beef Farm was deemed permitted as a non-discharge facility in accordance with Title 15A
North Carolina Administrative Code (hereby known as NCAC) Subchapter 2H Section .0217 (15A
NCAC 2H .0217).

C. North Carolina G.S. 143-215.1(a)(1) states that “No person shall do any of the following things or
carry out any of the following activities unless that person has received a permit from the
Commission and has complied with all conditions set forth in the permit: (1) Make any outlets into
waters of the State.”

D. On August 21 and 22, 2023, staff of DWR’s Water Quality Regional Operations Section (WQROS),
investigated the South Fork Mills River (6-54-(3)-(17.5), a classified WS-II Trout, High Quality
Water (HQW) of the State), an unnamed tributary (UT) to the S. Fork Mills River and property (PIN
# 9621-75-1804) located near Mills River NC. During the inspection, DWR staff documented
multiple violations relating to the mismanagement of animal waste including spoiled vegetable
feedstock. Waste was observed flowing into a stormwater inlet, flowing into a ditch to a ponded area
in the lower pasture. The pooled waste then flowed into the UT and was actively discharging into the
S. Fork Mills River. Filamentous bacteria growth, commonly referred to as “sewage fungus,” was
present in the S. Fork Mills River from the UT discharge point, extending approximately 500 feet
downstream. The riverbank and area of UT smelled of animal waste.

E. On August 28, 2023, DWR issued a Notice of Violation and Recommendation for Enforcement to
Phillip Brittain (NOV-2023-SP-0005) identifying violations of 15A NCAC 02B .0211(2), G.S. 143-
215.1(a)(1), G.S. 143-215.1(a)(6) (“NOV/NOI”).

F. The NOV/NOI was served and delivered by the Henderson County Sheriff Department on August
29th, 2023. A written response to the NOV/NOI was received via mail on September 5, 2023.

G. The costs to the State of the enforcement procedures in these matters totaled $499.52.

DocuSign Envelope ID: 06C5C716-8B12-461A-B64F-AB033E33AE13
Based upon the above Findings of Fact, I make the following:

II. CONCLUSIONS OF LAW:

A. B & B Beef Farms, LLC is a “person” within the meaning of G.S. 143-215.6A pursuant to G.S. 143-
212(4).

B. Unnamed tributary of the South Fork Mills River constitutes waters of the State pursuant to G.S.
143-212(6).

C. The above cited activity described in Findings of Fact I.D. constituted violations of G.S. 143-
215.1(a) due to the unpermitted discharge of wastewater to waters of the State.

D. B & B Beef Farms, LLC may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(1), 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 violates any classification,
standard, limitation, or management practice pursuant to G.S. 143-214.1, 143-214.2, or 143-215.

E. The State’s enforcement costs in this matter may be assessed against B & B Beef Farms, LLC
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).

F. The Director of DWR, pursuant to delegation provided by the Secretary of the Department of
Environmental Quality, 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, B & B Beef Farms, LLC, is hereby assessed a civil penalty of:

$6,000.00 For violation of NCGS 143-215.1(a)(1) for discharge of waste to the waters of
the State without a permit.

$ 499.52 Enforcement costs

$6,499.52 TOTAL AMOUNT DUE

Pursuant to N.C.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 N.C.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; and
(8) The cost to the State of the enforcement procedures.

DocuSign Envelope ID: 06C5C716-8B12-461A-B64F-AB033E33AE13

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 B & B Beef Farms,
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: 06C5C716-8B12-461A-B64F-AB033E33AE13
12/7/2023