820377_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qual

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 REQUESTED
Attn: Ted West
Ted West Farm
1600 Williams Lake Rd
Roseboro NC 28382
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FANI'-EViL,,
REG. OFFicE
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
Ted West Farm
Facility #: 82-377
Sampson County
Case #: OV 97-086
Dear Ted West:
This letter transmits a Notice of Violation and a notice of a civil penalty assessed against
Ted West in the amount of $500.00. This assessment is based upon the following facts:
Ted West 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 817.0201
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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Ted West 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 Ted West 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 817.0500.
Based upon the above facts and conclusions of law, I hereby assess Ted West 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 8F.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 isnot 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:
1. 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 -282.1(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:
File 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 third 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,
A. Preston Howard, Jr., P.E.
ATTACHMENTS
cc: Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Officer w/attachments

STATE OF NORTH CAROLINA
COUNTY OF
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
PERIMIT NO.
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
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 Water 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 , 19
SIGNATURE
U61 6 ' ".
TELEPHONE

ANIMAL WASTE MANAGEMENT SYSTEM
OPERATOR IN CHARGF
E, I N TI ORM,
ANIMAL WASTE i'AANAGEMENT SYSTEM:
Facility ID Number: Couury:
OPERATOR IN CHARGE
Home Mailing Address.
City S tate Zip
Certificates _ Social Security
Work Phone Horne Phone
Signature Date
OWNER
Mi ailing. Address. Cit -
State Zip Telephone#
Signature Date
Please itilaii to: WPCSOCC
Division of Water Quality
P. 0. Box 29535
Raleigh, N.C. 27626-0535

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P•E.,,Director
Ted West
Ted West Farm
1600 Williams Lake Rd
Roseboro NC 28382
Dear Mr. West:
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IDEEHNF;Z
April 3, 1997 RUCEVED"
APR 0 719971
FAY M- EViLLE
REG. OFFICE
SUBJECT: Notice of Violation
Designation of Operator in Charge
Ted West Farm
Facility Number 82--377
Sampson County
You were notified by letter dated November 12, 1996; that you were required to designate a
certified animal waste management system operator as Operator in Charge for the subject facility by
January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your
facility. Our records indicate that this completed Form has not yet been returned to our office.
For your convenience we are sending you another Operator in Charge Designation Form for your
facility. PIease return this completed Form to this office as soon as possible but in no case later
than April 25, 1997. This office maintains a list of certified operators in your area if you need
assistance in locating a certified operator.
Please note that failure to designate an Operator in Charge of your animal waste management
system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an
appropriately certified operator is designated. Please be advised that nothing in this letter should be
taken as absolving you of the responsibility and liability for any past or future violations for your
failure to designate an appropriate Operator in Charge by January 1, 1997.
If you have questions concerning this matter, please contact our Technical Assistance and
Certification Group at [phone].
Sincerely,
for Steve W. Tedder, Chief
Water Quality. Section
bb/awdesletl
cc: Fayetteville Regional Office
Facility File
Enclosure
P.O. Box 29535, N�� FAX [phone]
Raleigh, North Carolina 27626-35 �� An Equal Opportunity/Affirmative Action Employer
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