310475_ENFORCEMENT_20171231

�Vn
NUH I H UAHULiNA
Department of Environmental Quai

to
Water Resources �/`�D
Environmental Quality /yCO
OF�,�HiA�y�P
December 15, 2017ty 2 0
CERTIFIED MAIL - #7016 2140 0000 0564 3791
RETURN RECEIPT REQUESTED
Rufus Rouse
Reeda Meadows Farms 1 &2
1658 Pasture Branch Rd
Beulaville, NC28518
Dear Rufus Rouse:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
SUBJECT: Assessment of Civil Penalties for Violation(s) of
15A NCAC 2T A 105(e)(2)
Farm # 31-0475
Duplin County
Enforcement File No. PC-2017-0054
This letter transmits notice of a civil penalty assessed against Rufus Rouse in the amount of $90.00, and
$123.00 in investigative costs, for a total of $213.00. This penalty amount is in addition to the overdue
annual administering and compliance fees owed to the Division of Water Resources (DWR) in the amount
of $360.00. 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 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:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not
include waiver form). Payment of the penalty will not foreclose further enforcement action for any
continuing or new violation(s). Please submit payment to the attention of:
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
,'Nothing Compares».....,_
State of North Carolina I Environmental Quality I Division of Water Resources
Water Quality Regional Operations Section
1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919-707-9129

Assessment of civil penalty
Rufus Rouse
Enforcement # PC-2017-0054
Page 2 of 4
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below, as
they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is
not the proper procedure. for contesting' whether the violation(s) occurred or the accuracy of any of the
factual statements contained in the civil penalty assessment document. 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 and agreement that no factual or legal issues are in
dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Resources at the address listed below. In determining
whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of Water Resources will review your evidence and inform you
of their decision in the matter of your remission request. The response will provide details regarding
the case status, directions for payment, and provision for further appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalty Remissions (Committee).
Please be advised that the Committee cannot consider information that was not part of the original
remission request considered by the Director. Therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30)
days of receipt of this notice. The Division of Water Resources also requests that you complete and submit
the enclosed "Justification for Remission Request." Both forms should be submitted to the following
address:
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings-
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.

Assessment of civil penalty
Rufus Rouse
Enforcement # PC-2017-0054
Page 3 of 4
You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of
this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday
between the hours of 8:00 a.m. and 5:00 p.m:, except for official state holidays. The petition may be filed
by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original,
one (1) copy and a filing fee (if a filing fee is required by NCGS § 150B-23.2) is received in the Office of
Administrative Hearings within seven (7) business days following the faxed or electronic transmission.
You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or
the details of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
William F. Lane, General Counsel
DEQ
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action.
Payment of Overdue_ Fees
In addition to the civil penalty amount stated above, you are still responsible for paying the overdue
administering and compliance fees owed to the DVVR regardless of which option you chose from
above. According to our records, you owe the following overdue administering and compliance fees to
date:
Invoice Number
Due Date
Outstandina Fee $
2016PR006102
8/5/2016
180
2017PR006117
8/6/2017
180
Please remit payment made payable to the North Carolina Department of Environmental Quality in the
amount of $360.00.. Please mail this payment in a separate check to:
Division of Water Resources
Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617

Assessment of civil penalty
Rufus Rouse
Enforcement # PC-2017-0054
Page 4 of 4
Failure to pay these overdue administering and compliance fees within thirty (30) days of receipt of this
letter will result additional civil penalties for continuing violations. Each day of a continuing violation may
be considered a separate violation subject to a $25,000.00 per violation per day penalty.
Please be advised that additional penalties may be assessed for violations that occur after the review. period
of this assessment. If you have any questions, please contact Miressa D. Garoma at [phone].
Sincerely,
/Jon d, Chief
Water Quality Regional Operations Section
Division of Water Resources
ATTACHMENTS
cc: Wilmington WQROS Regional Supervisor w/ attachments
File # PC-2017-0054 wl attachments
WQROS Central Files wl attachments
Duplin County Health Department

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF
RUFUS ROUSE
FOR VIOLATIONS OF ANIMAL
WASTE MANAGEMENT SYSTEM
GENERAL PERMIT AWG100000
AND 15A NCAC 2T .0105(e)(2)
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
FILE NO. PC-2017-0054
FINDING AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
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, Jon Risgaard, Chief of the Water Quality
Regional Operations Section of the DWR, make the following:
I, FINDINGS OF FACT:
A. Rufus Rouse owns and operates Reeda Meadows Farms 1 &2, a Swine animal feeding
operation in Duplin County.
B. Rufus Rouse was issued Certificate of Coverage AWS310475 under General Permit
AWG100000 for Reeda Meadows Farms 1&2 on October 1, 2014, effective upon issuance,
with an expiration date of September 30, 2019.
C. 15A NCAC 2T .0I 05(e)(2) states in part that "An annual fee for administering and compliance
monitoring shall be charged in each year of the term of every renewable permit according to
the schedule in G.S. 143-215.31)(a). Annual fees must be paid for any facility operating on an
expired permit that has not been rescinded or revoked by the Division. Permittees shall be
billed annually by the Division."
D. The following table provides a history of unpaid invoices sent by DWR Budget Office to
Rufus Rouse for the annual administering and compliance fees of said Permit:
Invoice Number
Due Date
Outstanding Fee $
2016PR006102
8/5/2016
180
2017PR006117
8/6/2017
180
E. On June 1, 2017, a Notice of Violation (NOV)/ Notice of Intent to Enforce (NOI) was issued
to Rufus Rouse, citing 15A NCAC 2T .0105(e)(2) for failure to pay the annual administering
and compliance fee within thirty days of being billed by DWR.
F. The NOV/NOI was sent by certified mail, and delivered through Duplin County Sheriff's
office on July 17, 2017.

G. As of the date of this civil penalty enforcement, the above -referenced invoices have not been
paid.
H. The cost to the State of the enforcement procedures in this matter totaled $123.00
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Rufus Rouse is a "person" within the meaning of N.C.G.S. 143-215.6A pursuant to N.C.G.S.
143-212(4).
B. Rufus Rouse violated 15A NCAC 2T .0105(e)(2) by failing to pay the annual administering
and compliance fee within thirty days of being billed by the Division
C. N.C.G.S. 143-215.6A(a)(2) provides that a civil penalty of not more than $25,000.00 may be
assessed against a person who fails to apply for or to secure a permit required by N.C.G.S.
143-215.1, or who violates or fails to act in accordance with the terms, conditions, or
requirements of a permit required by N.C.G.S. 143-215.1.
D. N.C.G.S. 143-215.3(a)(9) and N.C.G.S. 143B-282.1(b)(8) provides that the reasonable costs
of any investigation, inspection or monitoring survey may be assessed against a person who
violates any regulations, standards, or limitations adopted by the Environmental Management
Commission or violates any terms or conditions of any permit issued pursuant to N.C.G.S.
143-215.1, or special order or other document issued pursuant to N.C.G.S. 143-215.2.
E. The Chief of the Water Quality Regional Operations 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.
Based upon the above Findings of Fact and Conclusions of Law, 1 make the following:
III. DECISION:
Accordingly, Rufus Rouse is hereby assessed a civil penalty of:
co
For the violation of 15A NCAC 2T .0105(e)(2) by failing to pay the annual
administering and compliance fee for 2016.
$ 1 U "`' TOTAL CIVIL PENALTY which is
authorized by N.C.G.S. 143-215.6A,
$123.00 Enforcement costs
$ P1 3,0 0 TOTAL AMOUNT DUE
percent of the maximum penalty

Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of pact and Conclusions of Law and the factors set forth at N.C.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; and
(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 Rufus Rouse, in
accordance with N.C.G.S. 143-215.6(A)(d).
(Date) on Risg hief
Wat uality Regional Operations Section
Di ion of Water Resources

DIVISION OF WATER RESOURCES
CIVIL PENALTY ASSESSMENT FACTORS
Violator: Rufus Rouse
County: Du tin
Case Number: PC-2017-0054
Permit Number: AWS310475
ASSESSMENT FACTORS
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;
None.
2) The duration and gravity of the violation;
To date, the permittees has failed to pay the following overdue annual administering and
compliance fees:
Invoice Number
Due Date
Outstanding Fee 22
2016PR006102
81512016
180
8 i �~-
440-
aC7 ,vas n ci7
GL��� error 1 �7
3) The effect on ground or surface water quantity or quality or on air quality;
Unknown. ( 1.
4) The cost of rectifying the damage;
The totaloverdue annual administering and compliance fees are,$360:W[ bQw
l @c�.A'o GWe� t;i6C �o o I—•Ceel p ddren-e1 )-cw
5) The amount of money saved by noncompliance;
By not paying the annual administering and compliance fees, the permittees saved a total of $360.00.
6) Whether the violation was committed willfully or intentionally;
The circumstances that resulted in the failure to pay the annual administering and compliance fees during
their original billing cycle are negligible. However, the permittees were issued a Notice of Violations
(NOV) for failure to pay the overdue fees. Therefore, failure to pay the overdue fees after receipt of the
NOV is both willful and intentional.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
June 2010 - NOV — far failure to pay annual fee for 2006-2009.
March 201.E —NOV—for failure to pay annual fee far 2012.
April 2015 — CPA — for failure to pay annual feefor 2014
8) The cost to the State of the enforcement procedures.
$123.00
r
Date on RisjzaitC
rev 1.0 - 8.31.09

JUSTIFICATION FOR REMISSION REQUEST
APS Case Number: PC-2017-0054 County: Duplin
Assessed Party: Rufus Rouse
Permit No.: AWS310475 Amount assessed: $213.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver ofRikht to an Administrative Heariniz, and Stipulation o Facts "
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in determining your request for
remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty
assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty assessment
document. By law [NCGS 133-215.6A(f)] remission of a civil penalty may be granted when one
or more of the following five factors applies. Please check each factor that you believe applies to
your case and provide a detailed explanation, including copies of supporting documents, as to why
the factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wron fug lly_ applied to the detriment of the petitioner (the assessment factors are
included in the attached penalty matrix and/or listed in the civil penalty assessment
document);
(b) the violator promptly abated continuing, environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent
future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any.previous violations;
(e) pnMent of the civil penalty will orevent 13ayMent for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you
from performing the activities necessary to achieve compliance).
EXPLANATION:
\Rem. req.

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
I f11f1f.luelem-0
PERMIT NO. AWS310475
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
011:2 611ZO 161101Z17.1±
Having been assessed civil penalties totaling $213.00 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated, December 15, 2017, the undersigned,
desiring to seek remission of the civil penalty, 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 Resources within thirty (30) days
of receipt of the notice of assessment. No new evidence in support of a remission request will be
allowed after thirty (30) days from the receipt of the notice of assessment.
This the day of , 2018
Signature
ADDRESS
TELEPHONE