820601_Civil Penalty Assessment_20241107

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STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF SAMPSON
FILE NO. PC-2024-0028
IN THE MATTER OF )
LUCKY PIG, 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
(DEQ) 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. Lucky Pig, LLC owned and operated Lucky Pig, LLC - Site 2, is a swine operation located
along 4106 Wrye Branch Rad,Newton Grove N.C. in Sampson County.
B. Lucky Pig, LLC was issued Certificate of Coverage AWS820601 under General Permit
AWG100000 for Lucky Pig, LLC - Site 2 on October 1, 2019, effective upon issuance,with
an expiration date of September 30,2026.
C. Condition No. II.5. of General Permit AWG100000 states that "In no case shall land
application result in excessive ponding or any runoff during any given application event."
D. On August 7,2024, staff of the NC Department of Environmental Quality(DEQ)Division of
Water Resources(DWR),Water Quality Regional Operations Section(WQROS)was notified
by a complaint that the Lucky Pig Swine — Site 2 Swine Farm was actively irrigating
wastewater onto their spray field after Sampson County was issued a flood watch associated
with Hurricane Deby. WQROS staff conducted a site visit on August 7, 2024. Mr. Billy Ray
Daughtry and Mr. Curtis Barwick were present during this site visit.
E. Condition 11.22 of General Permit AWG100000 states that"Waste shall not be applied on land
that is flooded, saturated with water, frozen or snow covered at the time of land application."
F. Mr.Daughtry said that he was pumping on August 7,2024 from 2:00 pm until 4:45 pm,which
DWR Staff documented with pictures and GIS coordinates on field maps. WQROS staff
documented waste ponding in several locations as a result of the waste application.Due to the
amount of rain fall that had already accrued,this waste was ponded for more than four hours.
WQROS staff observed no evidence that waste had left the field. DWR Staff observed and
documented areas outside of the waste application area that had saturated soils and ponded
rainwater.Mr.Daughtry stated he had recorded nine tenths of an inch(9/10")of rain on August
6, 2024.
G. Condition 11.23 of General Permit AWG100000 states that "Land application of waste is
prohibited during precipitation events. The Permittee shall consider pending weather
conditions in making the decision to land apply waste and shall document the weather
condition at the time of the land application on forms supplied by or approved by the Division.

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Land application of waster shall cease within twelve (12) hours after the national Weather
Service first issues a Hurricane Warning, Tropical Storm Warning, or a flood Watch/Flash
Flood Watch in advance of an associated tropical system including a hurricane,tropical storm,
or tropical depression for the county in which the permitted facility is located. This
requirement is intended to have all land application of animal waste end approximately
twenty-four(24)hours in advance of the onset of the storm event."
H. The waste application event started at 2:00pm and ended at 4:45pm on August 7, 2024. The
National Weather Service issued a Flood Watch associated with Tropical Storm Debby at 3:34
pm on August 5,2024.This waste application was forty-eight(48)hours after the flood watch
was issued for Sampson County. Mr. Daughtry said the only reason he was pumping was to
bring in the gun cart so he could move it to another area he felt would dry first after the pending
storm.He was advised by the person he bought the spray gun system from not to use the PTO
shaft to bring in gun cart without pumping.
I. On September 3, 2024, the Division issued a Notice of Violation(NOV/NOI) with intent to
enforce through the civil penalty assessment process to Lucky Pig, LLC identifying the
violation of conditions of Permit No. AWG100000.
J. The NOV was delivered on September 21, 2024.
K. The cost to the State for the enforcement procedures in this matter totaled$477.47.
Based upon the above Findings of Fact and Conclusions of Law,I make the following:
11. CONCLUSIONS OF LAW:
A. Lucky Pig, LLC is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-
212(4).
B. The conditions described in Findings of Fact I.D constituted a violation of Condition II.5. of
General Permit AWG100000 due to excessive ponding and runoff of wastewater.
C. The above-cited activity of applying animal waste on land that is flood&saturated with water
as described in Findings of Fact 1.17 violates Condition 11.22 of General Permit AWG100000.
D. The above-cited activity of applying waste forty-eight (48) hours after a flood watch was
issued for Sampson County as described in Findings of Fact I.H violates Condition 11.23 of
General Permit AWG100000.
E. Lucky Pig, 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 the terms, conditions, or requirements of any permit issued pursuant to
authority conferred by Part 1 or Part I of Article 21, Chapter 143.
F. The State's enforcement costs in this matter may be assessed against Lucky Pig,LLC pursuant
to G.S. 143-215.3(a)(9)and G.S. 143B-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.

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Based upon the above Findings of Fact and Conclusions of Law,I make the following:
III. DECISION:
Accordingly, Lucky Pig,LLC is hereby assessed a civil penalty of:
$1,000.00 For violation of Condition 11.5 of General Permit AWG100000 for excessive
ponding and runoff of wastewater.
$1,000.00 For violation of Condition 11.22 of General Permit AWG100000 for
applying animal waste on land that is flooded&saturated with water.
$2,000.00 For violation of Condition II.23 of General Permit AWG100000 for applying
waste forty-eight (48) hours after a flood watch was issued for Sampson
County.
$4,000.00 TOTAL CIVIL PENALTY
$477.47 Enforcement costs
$4,477.47 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. 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 Lucky Pig, LLC in
accordance with N.C.G.S. 143-215.6(A)(d).
LZW10
gned by:
11/7/2024 *off^
(Date) Paul Wojoski
Water Quality Permitting Section
Division of Water Resources