820662_CORRESPONDENCE_20171231

CORRESPONDENCE
NORTH CAROLINA
Deparbnent of Environmental quid

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Attn: Bryan King
Bryan King Farm
1746 Rowan Rd
Clinton NC 28328
Dear Bryan King:
PUNA
mifA
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 25, 1998
REC;EiVE®
AN 2 61998
FAY ETTEVI LLE
REG. OFFICE
SUBJECT: Retraction of CivilPenalty
Bryan King Farm
Facility #: 82-662
Sampson County
OV 97-99
On October 31, 1997, the Director of the Division of Water Quality assessed a $500.00 civil
penalty against the owner of the subject facility for failing to designate an operator in charge of the animal
waste management system. After a review of the information submitted in your remission request and given
the current status of this farm it is my decision to retract the civil penalty assessed in case number OV 97-99
and close our file on this matter.
Please be advised that nothing in this letter'should be taken as removing from you the
responsibility or liability for failure to comply all applicable rules and regulations at the subject farm. If you
decide in the future to increase the number of animals at this farm above the threshold numbers established by
15A NCAC 214 .0217, you must fust comply with all requirements including designating an operator in
charge for the facility.
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
cc: Facility File -- Non -Discharge Compliance/Enforcement Unit
�]WQ`Regional'Officej
Case file # OV 97-99
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50%a recycled/10% post -consumer paper

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: Bryan King
Bryan King Farm
1746 Rowan Rd
Clinton NC 28328
FAYETTU/jl; LE
REG. 0l= ;0Z:
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
Bryan King Farm
Facility #: 82-662
Sampson County
Case #: OV 97-099
Dear Bryan King:
This letter transmits a Notice of Violation;and a notice of a civil penalty assessed against
Bryan King in the amount of $500.00. This assessment is based upon the following facts:
Bryan King 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]
An Equal Opportunity AMrmative Action Employer 50% recycled/10 % post -consumer paper

Bryan King 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 Bryan King 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 maybe 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 Bryan King a $500.00
civil penalty for this violation of N.C.G.S. 90 A-47.2 and 15A NCAC 817.0201 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 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:
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 mare 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 ootions 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,
A. Preston Howard, Jr., P.E.
ATTACHMENTS
cc: Regional Supervisor wl attachments
Compliance/Enforcement File wl attachments
Central Files wl attachments
Public Information Officer w/attachments

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENIT
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 Water Qbality
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

_STEL ANAGEMi ENi T SYSTEM
ANTS AL A
OPERATOR TN CHARgR
DES7CNATXON FQRM
ANIMAL 'BASTE MANAGEMENT SYSTEM:
Facility ID Number: County:
OPERATOR IN CHARGE
Home Mailing Address.
City State Zip
Certificate T Social Security
Work Phone Lorne Phone
Signature_ _ _ Date
OWNER
Mailing, Address. City
State Zip Telephone;
Signature Date
Please Mail to: WKSOCC
Division of Water Quality.
P. 0. Box 29535
Raleigh, N.C. 27626-0635