820443_Civil Penalty Assessment_20241107

Docusign Envelope ID:4F8334FD-84F7-4672-B460-AFB7098877C5
STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF SAMPSON
FILE NO. DV-2024-0124
IN THE MATTER OF )
MURPHY-BROWN,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 and the Director of the Division of Water Resources (DWR), I, Paul Wojoski, Chief of the Water
Quality Permitting Section,Division of Water Resources,make the following:
I. FINDINGS OF FACT:
A. Murphy-Brown,LLC owns and operates Farm#14/3514, a swine operation located along
Sr. 1959 575 Shangha Rd. Rose Hill NC 28458,NC. Sampson County.
B. Murphy-Brown, LLC was issued Certificate of Coverage AWS820443 under North
Carolina Swine Waste Management System General Permit AWG100000 for Farm
#14/3514 on October 1, 2019 effective from the date of issuance, with an expiration date
of September 30,2026.
C. Condition I.1. of the General Permit AWG100000 states that"Any discharge of waste that
reaches surface waters or wetlands is prohibited except as otherwise provided in this
General Permit and associated statutory and regulatory provisions. Waste shall not reach
surface waters or wetlands by runoff,drift,manmade conveyance,direct application,direct
discharge or through ditches, terraces, or grassed waterways not otherwise classified as
state waters."
D. On May 22, 2024, DWR Staff received a call from Mr. Michael Norris reporting a
noncompliance situation at this farm. During a routine waste application event the LNM
technician was pumping at farm#14/3514 and noticed during his inspection that effluent
was ponding and entering a drainage ditch adjacent to the application field. The LNM
technician placed several dams along the field edge to stop additional waste from entering
the ditch and put dams in the ditch at the field to contain the effluent. Prior to the LNM
technician placing any containment dam's effluent that was in the ditch flowed to the
southwest corner of the field into a un-named tributary just inside the woods along the
western side of the application field. The effluent then flowed under Shanghai Rd. into the
state ditch and traveled approximately 1,200 feet to the east then turned south into the
woods where the last containment dam was located ahead of the effluent. This un-named
tributary leads to Doctors Creek. The incident was caused by the technician irrigating side
by side pulls on consecutive days, the land was not dry enough for a second application
and the reel speed was too slow for the field conditions as well.

Docusign Envelope ID:4F8334FD-84F7-4672-B460-AFB7098877C5
E. On May 23,2024,a follow-up inspection documented that the effluent along with rainwater
had been recovered and the ditch was flowing clear on the South side of Shanghai Rd. The
cleanup was continuing in the field and the ditch along the field.
F. Condition II 5 of the AWG100000 General Permit states"in no case,shall land application
rates result in excessive ponding or any runoff during any given application events."
G. On May 22, 2024, DWR Staff documented with pictures that effluent was ponded in the
application field at this facility. The result of this ponding caused effluent to run off the
field into adjacent ditch and cause wastewater discharge.
H. On June 6, 2024 the Division issued a Notice of Violation (NOV/NOI) with intent to
enforce through the civil penalty assessment process to Murphy-Brown,LLC.
I. The certified mail failed to be received, DWR Staff sent Email with a read receipt
notification on October 8, 2024. The email was read by Murphy-Brown LLC on October
8,2024.
J. The cost to the State of the enforcement procedures in this matter totaled$461.03.
Based upon the above Findings of Fact,I make the following:
II. CONCLUSIONS OF LAW:
A. Murphy-Brown, LLC is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. The unnamed tributary to Doctors Creek constitutes waters of the State within the meaning
of G.S. 143-212(6).
C. The above-cited conditions described in Findings of Fact I.D.through I.F violate Condition
1.1 of General Permit AWG100000 due to unlawful discharge of wastes to waters of the
State.
D. The above cited conditions described in Findings of Fact I.G constituted a violation of
Condition 11.5. of General Permit AWG100000 due to excessive ponding and runoff of
wastewater.
E. Murphy-Brown, 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 terms, conditions,or requirements of any permit issued pursuant
to authority conferred by Part 1 or Part IA of Article 21, Chapter 143.
F. The State's enforcement costs in this matter may be assessed against Murphy-Brown,LLC
pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
G. The Chief of the Water Quality Permitting Section,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.

Docusign Envelope ID:4F8334FD-84F7-4672-B460-AFB7098877C5
Based upon the above Findings of Fact and Conclusions of Law,I make the following:
III. DECISION:
Accordingly,Murphy-Brown,LLC is hereby assessed a civil penalty o£
$4,000.00 _ For violation of Condition I.1 of General Permit AWG100000 for
discharge of animal waste to the waters of the State without a permit as
required by G.S. 143-215.1.
$1,000.00 For violating of Condition II 5 of the AWG 100000 General Permit. For
failure to prevent land application rates that resulted in excessive ponding
and runoff during any given application events.
$5,000.00 TOTAL CIVIL PENALTY
$461.03 Enforcement costs
$5,461.03 _ TOTAL AMOUNT DUE
Pursuant to 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 G.S. 14313-282.1(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 Murphy-Brown,
LLC in accordance with N.C.G.S. 143-215.6(A)(d).
DOCUSigned by:
11/7/2024 PawLW10*oa/a -
(Date) Paul oJ'ONE ..
Water Quality Permitting Section
Division of Water Resources