310467_ENFORCEMENT_20171231

NORTH CAROL#NA
Department of Environmental Qual

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r
7/ 14/2003
Craig King
126 Garland King Road
Teachey, NC 28464
SUBJECT: Assessment of Civil Penalties
for violation of General Statute 143-215.1
Farm # 31-467
Duplin County
File No. DV 03-024
Dear Mr. King:
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
CERTIFIED MAIL
Jot 28—xAC
4903
This letter transmits notice of a civil penalty assessed against K4 & K5 in the amount of
S6586.76 which includes $586.76 in investigative costs. Attached is a copy of the assessment
document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary
of the Department of Environment and Natural Resources and the Director of the Division of
Water Quality. Any continuing violation(s) may be the subject of a new enforcement action,
including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment
and Natural Resources. Payment of the penalty will not foreclose further
enforcement action for any continuing or new violations). Do not include
the attached waiver formif making payment.
Please send payment to the attention of:
Mr. Daryl Merritt
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
NCOENR
Customer Service: Mailing Address: Telephone f919) 733-5083 Location:
1.877.623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699.1617 State Courier #52.01.01 Raleigh, NC 27699.1617
An Equal Opportunity/Affirmative Action Employer
50 o racycledl 10% past-consumerpaper
http.11h2o. enr.stato. nc. us

FAIT 1-13
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 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. Daryl Merritt
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
and
Rick Shiver
127 Cardinal Drive Extension
Wilmington, NC 28405-2845
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
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
AND
Mail or hand -deliver a copy of the petition to:
Mr. Dan Oakley
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
and
Mr. Daryl Merritt
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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. Daryl Merritt at [phone], ext. 581.
Sincerely,
effrey O. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
Division of Water Quality
JOPlddm
ATTACHMENTS
cc: Rick Shiver, Wilmington Regional Supervisor wl attachments
Stonewall Mathis, WIRO wl attachments
File # DV 03-024 wl attachments
Central Files wl attachments
Public Information Officer wl attachments

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF DUPLIN
FILE NO. DV 03-024
IN THE MATTER OF
)
CRAIG KING
}
}
FINDINGS AND DECISION
FOR MAKING AN OUTLET TO THE
} AND ASSESSMENT OF
WATERS OF THE STATE OF
} CIVIL PENALTIES
NORTH CAROLINA
}
WITHOUT A PERMIT
)
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I, Jeffrey
O. Poupart, Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division
of Water Quality (DWQ), make the following:
1. FINDINGS OF FACT:
A. Craig King owns and operates the K4 & K-5, a swine animal operation along
Highway I 1 in Duplin County.
B. Craig King was issued Certificate of Coverage AWS310467 under Swine Waste
General Permit AWG100000 issued pursuant to North Carolina General Statute
143-215.1 on October 1, 1998, effective on October 1, 1998, with an expiration
date of April 30, 2003 for the operation of an animal waste collection, treatment,
storage and application system.
C. Condition II. 4 of Swine Waste General Permit AWG 100000 states "Land
application rates shall be in accordance with the CAWMP. In no case shall land
application rates exceed the Plant Available Nitrogen rate for the receiving crop or
result in runoff during any given application." The CAWMP states that no
ponding of waste should occur.
D. On April 4, 2003, animal waste ponding occurred on an application field of the K-
4 & K-5. Animal waste runoff from the application field of the K-4 & K-5
discharged into an unnamed tributary of Oakie Branch. Oakie Branch is class C
Sw waters of the State within the Cape Fear River basin.
E. Craig King had no valid permit for the above described activities.
F. The cost to the State of the enforcement procedures in this matter totaled $586.76.

Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Craig King is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4).
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. Craig King violated Condition H. 4 of Swine Waste General Permit AWG100000
by causing ponding of animal waste.
D. The unnamed tributary to Oakie Branch and Oakie Branch are waters of the State
within the meaning of G.S. 143-215. 1 (a)(1) pursuant to G.S. 143-212(6).
E. The above -cited discharge constitutes making an outlet into waters of the State for
purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-
215.1.
F. Craig King may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2) that 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 such permit.
G. The State's enforcement costs in this matter may be assessed against Craig King
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). ,
H. The Supervisor of the Non -Discharge Compliance and Enforcement Unit,
Division of Water Quality, pursuant to delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the
Division of Water Quality, has the authority to assess civil penalties in this matter.
I
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
M. DECISION:
Accordingly, Craig King is hereby assessed a civil penalty of:
$ l D for I of one violation of G.S. 143-215.1 for discharging
animal waste into the waters of the State without a permit.
$ 2n❑ for of one violation of Condition II.4 of Swine Waste
General Permit AWG 100000 by causing ponding of animal
waste.

$ 586.76 Enforcement costs
$ 4•-1 TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-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.
zav3
(Date) ey a. Poupart, Supervisor
Nan -Discharge Compliance and Enforcement Unit
Division of Water Quality

STATE OF NORTH CAROLINA
COUNTY OF Duplin -
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
PERMIT NO. AWS310467
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. DV 03-024
Having been assessed civil penalties totaling $ 6586.76 for
violations) as set forth in the assessment document of the Director of the Division of Water Quality
dated, 7/ 14/2003 , 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.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty
(30) days of receipt of the civil penalty assessment. No new evidence in support of a remission
request will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the day of , 20____
SIGNATURE
ADDRESS
TELEPHONE