820695_Remission (Decision)_20240304

DocuSign Envelope ID:7AEE1A73-40CA-44D8-B1E1-84927EFOF893
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: PC-2023-0029 Region: Fayetteville County:Sampson
Assessed Entity: Greenwood Livestock,LLC Permit: AWS820695
® (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Permittee States: The penalty for the non-compliant lagoon level violation (V.2) is excessive due to
the fact that the lagoon was well below the structural level of the lagoon and that all the other
lagoons on the farm had ample storage capacity for this lagoon. This was an inadvertent error
because the automatic transfer switch was not functioning properly, and the farm worker did not
immediately transfer the waste manually.
DWR Response: DWR Regional staff believes that the civil penalty assessment factors were
appropriate due to the violation of section V2 of the general permit AWG100000;which states the
maximum waste level in lagoons/storage ponds shall not exceed that specified in the facility's
CAWMP. The design freeboard for the lagoon is 31.2 inches"the lagoon level was at a
noncompliance level of 25 inches with no active Plan of Action or noncompliance reporting.
® (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States: There was no environmental damage as there was no release of waste to the
environment. I saw the level on July 11 th and assumed farm workers would transfer waste from
lagoon I to lagoon 6, which is the way the farm is designed to operate. To further complicate issues,
waste from house 6 flows to the lagoon for house I and is then pumped to the lagoon at house 6
which handles all waste from the farm to also include lagoons 2-5.At the time of the inspection, all
other lagoons were well within compliance and lagoon 6 was at 69". Our corrective action was to
transfer the waste from lagoon I to lagoon 6 on July 13. The lagoon levels have all been in
compliance since the inspection. The automatic transfer float has been replaced as well.
DWR Response: The noncompliant lagoon level had not yet reached structural freeboard level. The
error occurred because the automatic transfer switch was not functioning properly,and the farm
workers failed to manually transfer the waste to one of the other 5 lagoons that had compliant lagoons
levels that could have held the waste. The facility noted that lagoon was out of compliance on July
10,2023 and did not transfer waste until July 13, 2023.
® (c) Whether the violation was inadvertent or a result of an accident:
Permittee States: This was an inadvertent violation in that I assumed the transfer would be made
within the 24-hour notification period. I was not aware at the time that the automatic transfer pump
was not functioning properly. I also assumed they knew to not transfer waste from house 6 until they
had transferred waste from lagoon I to lagoon 6. In the future I will make certain to notes the
Fayetteville Regional office if any lagoons become non-compliant. I have trained staff to notify me
immediately and to begin waste transfer at first knowledge of non-compliant levels.A communication
breakdown occurred and that will not happen again.
DWR Response: This violation was due to the automatic transfer switch not functioning properly
and the farm worker failed to manually transfer waste to one of the other five lagoons that has
storage for the waste.DWR Regional staff believes the violation was due to communication
breakdown on the farm. According to the Response letter from the violator, "The farm manager
assumed the transfer would be made within 24 hours. The Farm manager was not aware of the
transfer pump not working properly". The facility noted that lagoon was out of compliance on July
10,2023 and did not transfer waste until July 13,2023.

DocuSign Envelope ID:7AEE1A73-40CA-44D8-B1E1-84927EFOF893
® (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States: This farm has never had a violation since we have owned it. The lagoon level
during this incident was not an environmental hazard and I hope that there can be remission of the
fine associated with this incident.
DWR Response: According to the data in Basinwide Information Management System(BIMS)
Greenwood Livestock,LLC was assessed the following Civil Penalties for violations at Greenwood
Finishing#3 facility,no civil penalties were assessed for permitted facility Greenwood Nurseries
(AWS820695).
DV-2017-0080 Greenwood Finishing#3 (AWS710006)
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
DECISION(Check One)
Request Denied
Full Remission ❑ Retain Enforcement Costs? Yes❑ No❑
Original Penalty(without Enforcement Costs) $ 1500.00 (enter amount)
Partial Remission ❑ % 0 or $ 0 (amount remitted)
Subtotal $ 1500.00
Retaining Enforcement Costs $ 228.42
Total Revised Assessment $ 1728.42
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DocuSigned by:
l I J(A ,(, p av 1 3/4/2 024
Michae �etraj J Date
Deputy Director
Division of Water Resources