710031_ENFORCEMENT_20171231

NUH I H UAHULINA
Department of Environmental Qual

1-16-06
To: NC Division of Water Quality
Wilmington Office
Attn: Charles F. Stehman
I have received the information for the penalty accessed on 71-31 Hall 1 &2 and plan on
paying the fine. I also understand that a penalty will accessed on 71-72 Ponderosa in the
coming days. I am requesting that you hold off for the payment collection on 71-31 until
I get the penalty for 71-72 and I can setup a payment plan through your office. I wanted
to take care of these two penalties together.
If you have any questions, please give me a call 910-675-3810.
Thank you

WAr4 99
Michael F. Easley, Governor
�0F
William G. Ross Jr., Secretary'
North Carolina Department of Environment and Natural Resources
.r
Alan W. Klimek, P.E. Director
Division of Water Quality
December 18, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RECEIPT # 7002 1000 0005 2389 8621
Mr. Donald Hall
Hall Farm 1 & 2
4571 NC Hwy 133
Rocky Point, NC 28457
SUBJECT: Assessment of Civil Penalties'for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm # 71-31
Pender County
File No. PC-2006-0062
Permit No. NCA271031
Dear Mr. Hall:
This letter transmits notice of a civil penalty assessed against Donald Hall, in the amount of
$3184.20, which includes $184.20 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 violation(s). Do not include the attached waiver
form if making payment.
Please send payment to the attention of:
Dennis G. Lund
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 FAX [phone]
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Mr. Donald Hall
Page 2
December 18, 2006
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 Quality 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 143 B -2 82. 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 Quality will review your evidence and inform
you of his 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 Quality also
requests that you complete and submit the enclosed "Justification for Remission Request." Both
forms should be submitted to the following address:
Dennis G. Lund
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 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. 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

Mr. Donald Hall
Page 3
December 18, 2006
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 original and one (1) copy of the petition must be filed with
the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of
the document is received in the Office of Administrative Hearings within five (5) business days following
the faxed transmission. The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Please mail or hand deliver a copy to:
Dennis G. Lund
DWQ-
1636. Mail Service Center
Raleigh, NC 27699-1636
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, 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. 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 Dennis G. Lund at [phone].
Yours jY,
2RL_-
Charles F. Stehaman, PhD., P.G.
Environmental Regional Supervisor II
ATTACHMENTS
cc: Charles F. Stehman, Wilmington APS Regional Supervisor w/ attachments
WiRO Animal Files 71-31 w/ attachments
APS Central Files w/ attachments
Susan Massengale w/ attachments

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF PENDER
File No. PC-2006-0062
IN THE MATTER OF
DONALD HALL }
FOR VIOLATIONS OF SWINE WASTE ) FINDINGS AND DECISION
NPDES PERMIT NCA200000 ) AND ASSESSMENT OF
PURSUANT TO NORTH CAROLINA ) CIVIL PENALTIES
GENERAL STATUE 143-215.1 )
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, Charles
F. Stehman, Ph.D., P.G., Environmental Regional Supervisor II of the Aquifer Protection Section
of the Division of Water (DWQ), make the following:
I. FINDINGS OF FACT:
A. Mr. Donald Hall owns and operates the Hall Farm 1 & 2, a swine animal
operation located west of Rocky Point, North Carolina on the west side of SR
1409 in Pender County.
B. Mr. Donald Hall was issued Certificate of Coverage NCA271031 under Swine
Waste Management System General NPDES Permit NCA200000 for the Hall
Farm 1 & 2 on April 9, 2003, effective April 9, 2003, with an expiration date of
April July 1, 2007 for the operation of a swine waste collection, treatment, storage
and application system.
C. Condition No. V. 3 of the NPDES Permit NCA200000 states in part that "The
maximum waste level in lagoons/storage ponds shall not exceed that specified in
the Certified Animal Waste Management Plan (CAWMP). At a minimum,
maximum waste level for lagoons/storage ponds must not exceed the level that
provides adequate storage to contain the 25-year, 24-hour storm event plus an
additional one (1) foot of structural freeboard..."
D. Condition No. III. 11. e of the NPDES Permit NCA200000 states in part that "The
permittee shall report by telephone to the appropriate Division Regional Office as
soon as possible, but in no case more than twenty-four (24) hours following first
knowledge of the occurrence of any of the following events: Failure to maintain
adequate storage capacity in a lagoon/storage pond greater than or equal to that
required in Condition V. 3. of the Permit."

E. DWQ staff from the Wilmington Regional Office inspected the Hall Farm 1 & 2
on November 7, 2006 and observed a freeboard level of eight (8) inches for
lagoon 2 (back).
F. The Wilmington Regional Office had not received notification from Mr. Donald
Hall that the waste level exceeded the level specified in the CAWMP.
G. The costs to the State of the enforcement procedures in this matter totaled
$184.20.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Mr. Donald Hall 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. A permit for this animal waste management system is required in accordance with
15A NCAC 2H .0217 and G.S. 143-215.1.
D. The above -cited failure to maintain the liquid level in the lagoon at the level
specified in the CAWMP violated Condition No. V. 3. of the NPDES Permit.
E. The above -cited failure to report by telephone to the appropriate Regional Office
as soon as possible, but in no case more than 24 hours following first knowledge
of the occurrence of failure to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in Condition No. V. 3. violated Condition
No. III. 11. e of the NPDES Permit.
F. Mr. Donald Hall may be assessed civil penalties 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
violates or fails to act in accordance with the terms, conditions, or requirements of
a permit required by G.S. 143-215.I.
G. The State's enforcement costs in this matter may be assessed against Mr. Donald
Hall pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
H. The Environmental Regional Supervisor II of the Aquifer Protection Section,
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.

Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Mr. Donald Hall is hereby assessed a civil penalty of:
$ 2000-00 for violating Condition No. V. 3. of the NPDES Permit by
failing to maintain the liquid level in the lagoon at the level
specified in the CAWMP
$ 1000.00 for violating Condition No. III. 11. e of the NPDES Permit
by failing to report by telephone to the appropriate Regional
Office as soon as possible, but in no case more than 24
hours following first knowledge of the occurrence of failure
to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in Condition No. V.3
$ 184.20 Enforcement costs
$ i Ra 2n TOTAL AMOUNT DUE
1

As required by G.S. 143-215.6A(c), in determining the amount of the penalty I 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;
and
(8) The cost to the State of the enforcement procedures.
(Datel Charles F. Stehman, Ph.D., P.G.
Environmental Regional Supervisor 11
Aquifer Protection Section
Division of Water Quality

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF PENDER
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
DONALD HALL ) STIPULATION OF FACTS
FILE NO. PC-2006-0062
Having been assessed civil penalties totaling $3184.20 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated December 18, 2006 T , 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

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: PC-2006-0062 County: Fender
Assessed Party: Hall Farms 1 & 2
Permit No. (if applicable): NCA271031 Amount Assessed: $3184.20
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing 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 evaluating
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. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only 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 N.C.G.S. _143B-282.1 (b)
were_ wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator prom6tly 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) payment of the civil penalty. will prevent payment 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: