820028_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qual
II

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
October 31, 1997
CERTIFIED MAIL
RETURN RECEIPT RE VESTED
Attn: Wendell Murphy
Harrells Farm
Rt 2 Box 81-A
Harrells NC 28444
R C J T E)
i•'OV 1 4 IM
FAYETTEVILL[H-E
REG. QFRCE
Subject: Notice of Violation and Assessment of Civil
Penalty for Violation of N.C.G.S. 90 A-47.2 and
15A NCAC 8F.0201
Harrells Farm
Facility #: 82-028
Sampson County
Case #: OV 97-074
Dear Wendell Murphy:
This letter transmits a Notice of Violation and a notice of a civil penalty assessed against
Murphy Family Farms in the amount of $500.00. This assessment is based upon the following
facts:
Murphy Family Farms operates an animal operation and associated animal waste
management system in Sampson County.
As of January 1, 1997, in accordance with N.C.G.S. 90 A-47.2 and 15A NCAC 8F.0201
a certified operator in responsible charge is required to operate the subject animal waste
management system.
In accordance with 15A NCAC 8F .0201(a), the owner of each animal operation having
an animal waste management system must submit a letter to.the Certification Commission,
Division of Water Quality (DWQ), Technical Assistance and Certification Group, which
designates an Operator in Charge with the appropriate type of certification. This letter
must be signed by the owner and the certified operator and be submitted to the
Certification Commission by January 1, 1997 for all facilities in operation as of that date.
In November, 1996 and April, 1997, DWQ mailed notices to all animal waste management
facilities who had not designated an operator with the DWQ.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
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Murphy Family Farms failed to designate an appropriately certified wastewater treatment
operator in responsible charge of the subject animal waste management system, in
accordance with 15A NCAC 8F.0201 (a).
Based upon the above facts, I conclude as a matter of law that Murphy Family Farms
violated or failed to act in accordance with the requirements of N.C.G.S. 90 A-47.2 and 15A
NCAC 8F.0201. A civil penalty of not more than $1,000 per day may be assessed against a
person who is required but fails to designate an appropriately certified wastewater treatment
operator as required by N.C.G.S. 90 A-47.5 and 15A NCAC 8F.0500.
Based upon the above facts and conclusions of law, I hereby assess Murphy Family Farms
a $500.00 civil penalty for this violation of N.C.G.S. 90 A-47.2 and 15A NCAC 8F.0201
pursuant to the authority delegated to me by N.C.G.S. 90 A-47.2 and 15A NCAC 9F.0201.
Please find attached another Operator in Charge designation form. Please complete this
form and return it to:
WPCSOCC
Division of Water Quality
P.O. Box 29535
Raleigh, NC 27626-0535
If the aforementioned operator designation form is not at the above address within 30 days
of your receipt of this notice, you will be subject to further civil penalties of up to $1,000 for each
day that the operator in charge designation is not submitted. You may contact DWQ's Training
and Certification Group at [phone] for information about designating a certified operator.
Within thirty days receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose
enforcement action for any continuing or new violation(s). Please submit payment
to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief;
Division of Water Quality
P.O. Box 29535
Raleigh, North Carolina 27626-0535
or
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment letter.
Because a remission request forecloses the option of an administrative hearing, such

a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation that there are no factual or legal issues in dispute. You
must execute and return to this office the attached waiver and stipulation form and a
detailed statement which you believe establishes whether:
(a) one -or more of the civil penalty assessment factors in G.S. 143B-282.I(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief/DWQ
P.O. Box 29535
Raleigh, North Carolina 27626-0535
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must request
an administrative hearing. This request must be in the form of a written petition to
the Office of Administrative Hearings and must conform to Chapter 150B of the
North Carolina General Statutes. You must:
Pile your original petition with the:
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and „
Mail or hand -deliver a Copy of the petition to:
Mr. Richard Whisnant
Office of General Counsel
NCDENR
Post Office Box 27687
Raleigh, NC 27611

Failure to exercise one of the options above within thirty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter being
referred to the Attorney General's Office with a request to initiate a civil action to collect the
penalty. Please be advised that additional assessments may be levied for future violations which
occur after the review period of this assessment.
If you have any questions, please contact Mr. Shannon Langley at [phone],
extension 581.
Sincerely,
L
A. Preston Howard, Jr., RE
ATTACHMENTS
cc: Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Officer w/attachments

STATE OF NORTH CAROLINA ENVIRONMENTAL. MANAGEMENT
COMMISSION
COUNTY OF
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO:
Having been assessed civil penalties totaling for
violation(s) as set forth in the assessment document of the Director of the Division of Nater Quality
dated, , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
This the
day of
ADDRESS
TELEPHONE
SIGNATURE
19—.

ANIMAL WASTE MANAGEMENT SYSTEM
-QPERATQR INCILARCS
DEST�-TNATTQN_ FORM
ANIMAL WASTE MANAGEMENT SYSTEM:
Facility ID Number: Counry:
OPERATOR IN CHARGE
Home Mailing Address.
City S tate Zip
Certificate _ Social Security n
Work Phone Lorne Phone
Signature Date
Mailing. Address. Citv
S tate Zip Telephone
Signature Date
Please Mail to: WPCSOCC
Division of Water Quality
P. 0. Box 2953
Raleigh, N.C. 27626-0535

State of North Carolina
Department of Environment
arid i atural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Attn: Wendell Murphy
Murphy Family Farms
P.O. Box 759
Rose Hill, NC 28458
Dear Mr. Murphy:
T&A i� fir®
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT ANI] NATURAL RESOURCES
April 8, 1998 N"ECEP "E
3 1998
FAYETTVII't.L E
REE.
SUBJECT: Retraction of Civil Penalty
Murphy Family Farms
Facility #: 82-028
Harrells Farm
Sampson County
OV 97-074
On October 31, 1997, the subject facility was assessed a $500.00 civil penalty for
failing to timely designate a certified operator in charge.
Based on correspondence submitted by you and further review by Division of Water
Quality staff it is my decision to retract the civil penalty assessed in case number OV 97-074 and
close this case.
Thank you for your assistance in this matter. if you have any questions, please call
Shannon Langley at 733-5083, ext. 581.
Sincerely,
A. Preston Howard, Jr., P.
cc: ,Regil06
rce170f
Enfoment File OV 97-090
Mary Dee Carraway
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
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