820369_Civil Penalty Assessment_20240510

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STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF SAMPSON
FILE NO. PC-2024-0006
IN THE MATTER OF )
LARRY TANNER )
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. Larry Tanner owned and operated Tanner Girls Nursery #2, a swine operation located
along 4765 Elizabethtown Hwy. Roseboro NC in Sampson County.
B. Larry Tanner was issued Certificate of Coverage AWS820369 under General Permit
AWGI00000 for Tanner Girls Nursery #2 on January 6, 2022, 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 December 21, 2023, DWR staff was on site and observed that the Tanner Girls #2
lagoon freeboard was at 14 inches. The design freeboard for this lagoon is 19 inches.
E. Condition III. 1 of General Permit AWG100000 states in part that "an inspection of the
waste collection, treatment, and storage structures, and runoff control measures shall be
conducted and documented at a frequency to insure proper operation but at least monthly
and after all storm events of greater than one (1) inch in 24 hours. For example,
lagoons/storage ponds, and other structures should be inspected for evidence of erosion,
leakage, damage by animals or discharge. Inspection shall also include visual observation
of subsurface drain outlets, ditches, and drainage ways for discharge of waste."
F. On December 21,2023,DWR staff was on site and Mr.Larry Tanner stated that neither he
nor his son Brandon Tanner, the OIC, had been to the farm since the initial rain event on
December 17th,2023.

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G. On February 2,2024,the Division issued a Notice of Violation(NOV/NOI)with intent to
enforce through the civil penalty assessment process to Larry Tanner identifying the
violation of conditions of Permit No. AWG100000.
H. The NOV was hand delivered on February 14, 2024.
1. The cost to the State for the enforcement procedures in this matter totaled$337.42.
Based upon the above Findings of Fact,I make the following:
11. CONCLUSIONS OF LAW:
A. Larry Tanner 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 properly inspect the waste collection, treatment, and storage
structures, and runoff control measures at a frequency to ensure proper operation but at
least monthly and after all storm events of greater than one(1)inch in 24 hours as described
in Findings of Fact I.F violates Condition 111.1 of General Permit AWG100000.
D. Larry Tanner 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 IA of Article 21, Chapter 143.
E. The State's enforcement costs in this matter may be assessed against Larry Tanner pursuant
to G.S. 143-215.3(a)(9)and G.S. 14313-282.1(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,Larry Tanner is hereby assessed a civil penalty of:
$ 1000.00 For violation of condition V.2 of General Permit AWG100000 for non-
compliant lagoon levels.
$ 1000.00 For violation of Condition III.1 of General Permit AWG 100000 for failing
to properly inspect the waste collection,treatment, and storage structures,
and runoff control measures at a frequency to insure proper operation but
at least monthly and after all storm events of greater than one (1) inch in
24 hours.
$2000.00 TOTAL CIVIL PENALTY

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$337.42 Enforcement costs
$2337.42 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.I(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 Larry Tanner in
accordance with N.C.G.S. 143-215.6(A)(d).
ned by:
5/10/2024 FZa PJur,
(Date) Michae f J,
Deputy Director
Division of Water Resources