820695_Remission (Decision)_20240304 (2)

DocuSign Envelope ID:7AEE1A73-40CA-44D8-B1E1-84927EFOF893
Remission Request Summary and Recommendation
To: Richard E. Rodgers,Jr
From: Mark Brantley Date: 1/24/2024 Region: FRO
Reviewed by: Michael Pjetra�_ DS Date: 3/4/2024
Deputy Director (initials)
Assessed Party: Greenwood Livestock, LLC County:Sampson
Case No.: PC-2023-0029 Permit No: AWS820695
Case Background and Assessment
October 1,2019 DWR issued Permit No.AWS820695 to Greenwood Livestock, LLC for Greenwood
Nurseries.
July 12,2023 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 allowable freeboard according to
the lagoon design is 31.2 inches.All waste from lagoons(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 says 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 before they transferred waste to lagoon
six(6)to get back into compliance.The freeboard records are documented on a spreadsheet
and were labeled on July 10th,2023, as a non-compliant lagoon with a level of 30 inches.
August 11, 2023 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.
August 14,2023 The NOV was sent by certified mail,return receipt requested and received on August 14,
2023. The Division has received response letter on August 28,2023.
November 9,2023 Greenwood Livestock,LLC was assessed a civil penalty of$1,728.42($1,500.00 civil
penalty plus $228.42 investigative costs):
• $1000.00 for violation of condition V.2 of General Permit AWG100000 for non-
compliant lagoon levels.
• $500 for violating Condition No. III.17.e. of General Permit AWG100000 for
failure to notify the Division of non-compliant lagoon levels.
November 17,2023 Green card indicated delivery of the assessment document.
Remission Request(Summary)
December 6,2023 Remission request signed
December 13,2023 Remission request received
rev 1.0-8.31.09

DocuSign Envelope ID:7AEE1A73-40CA-44D8-B1E1-84927EFOF893
Summary: The permittee did not dispute the findings of the violation. 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. There was no environmental damage as there was no release of waste
to the environment. 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.
Enforcement History
According to the data in Basinwide Information Management System(BIMS)Greenwood Livestock,LLC received
the following Civil Penalties for other facilities,no civil penalties have been issued for permitted facility
AWS820695.
DV-2017-0080 (A different facility then Greenwood Nursery) (AWS710006)
Remission Recommendation from Regional Office and Central Office
• DWR Fayetteville Regional Office Recommendation(Check One)
Request Denied
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Partial Remission n (enter amount to remit)
Comment:
D WR Regional staff believes the civil penalty assessment factors were appropriate due to the violation of
Condition V.2. of the general permit AWGI00000; 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. 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.
D WR 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".
• DWR Central Office Recommendation(Check One)
Request Denied
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Partial Remission n (enter amount to remit)
Comment: