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Home My WebLink About820708_ENFORCEMENT_20171231NORTH CAROLINA .� Department of Environmental Qual NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY April 1, 1999 CERTIFIED MAIL. RETURN RECEIPT REQUESTED Charles Williams 9406 Roseboro Hwy Roseboro, NC 28382 SUBJECT: NOTICE OF VIOLATION Permit No. AWS 820708 WCW Farms, Inc. Facility No. 82 - 708 Sampson County Dear Mr. Williams: You are hereby notified that, having been permitted to have a non discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation of your 2H .0217 Permit. On March 29,1999, staff from the Fayetteville Regional Office of the Division of Water Quality performed a routine fly -over of the WCW Farm in Sampson County. During this fly -over, if was observed that the lagoon level appeared to be higher than the designed freeboard. After the fly- over, DWQ staff arrived at the facility on the same afternoon to confirm that the lagoon was in the emergency storage level (15 inches), and that DWQ had not been notified as required by the General Permit condition 111.6.(e) which states that "the Permittee shall 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 any of the following events: (e) Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V(3) of this General Permit. There was evidence that wastewater had entered the surface water diversion ditch located at the toe of the lagoon dike. This ditch contained a continuous flow of water and the discharge of animal waste into this channel is prohibited and needs to be prevented. Jimmy Vinson, a representative with Brown's of Carolina, was contacted on March 30 to inform him of the findings from the previous day. Staff from our office met with Mr. Vinson that morning, and water samples were taken. At the time of the inspection, an attempt was made to determine the reason for the high freeboard level, however the Certified Animal Waste Management Plan (CAWMP) and the inigation records were not on the farm for review according to Mrs. Williams. General Permit Condition 1.4 states that "A copy of this General Permit, COC, certification forms, lessee and landowner agreements, and the CAWMP shall be readily available at the farm (stored in places such as the farm residence, office, outbuildings, etc.) where the animal waste management activities are being 225 GREEN 6TRC[T, SUITE 714, FAYETTEVILLE, NORYN CAROLINA 26301-5043 PHONEV10-486-1541 FAXPIO-406-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RIECYCLED/10% P08T-CONEUNER PAPER r Page 2 WCW Farms, Inc. April 1, 1999 conducted for the life of this permit. These documents shall be kept in good condition and records, shall be maintained in an orderly fashion.". The Division of Water Quality requests that the following items be performed: 1. Lowerbe lagoon level to the required freeboard on a suitable waste application field as soon as weather permits and per the CAWMP. 2. Consult with a technical specialist in order to correct the irrigation pipe and/or pump to prevent wastewater from entering the surface water diversion ditch. 3. Provide a detailed explanation as to when and why wastewater was allowed to enter the surface water diversion ditch. 4. Provide this office with a detailed explanation as to why the lagoon had reached such a high level. 5. Provide this office a copy of all irrigation records and weekty freeboard levels recorded for this facility for the last six months. Failure to comply with the above conditions may result in the facility's General Permit being revoked and being required to obtain an individual non -discharge permit for the facility. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $10,000 per day per violation. Please notify this office in writing on or before April 23, 1999 at the letterhead above as to the actions taken or proposed to be taken to resolve these violations. If you have any questions concerning this matter, please do not hesitate to contact either Mr. Jeffery Brown, Environmental Engineer or myself at (910) 486-1541. Paul E. Rawls Regional Water Quality Supervisor cc: Sonya Avant - Compliance Group Wilson Spencer - Sampson Co. MRCS Audrey Oxendine - DSWC Fayetteville Office Central Files - Raleigh Jimmy Vinson - Brown's of Carolina, Inc. Permitted 13 Certified 13 Conditionally Certified Farm Name:.... / ran✓15� . f . �I/t��. _..........._ Owner Name: r ...lLar.l..'� __............. !N/..!1.:. `!' '..mac......_.....,.......... Vot Operational Date Last Operated: ....................... .. County:... .......ti ry .. ...... ....................... Phone No: ............�1../p ...... o 5� ................ Facility Contact• _ _ . Title: _ ...... Phone No:..,.....-•---_,,,,.-_ ......................... Mailing Address:.......... �...w...- ......1',17 f1 ... C... Onsite Representative:....... . �_ r ►'�iY)/hSc�,� �^.................. Integrator:....,,'✓.-.. S .O t„-„Glul�h4� Certified Operator: ..............('14ack.5._.... .. ..0 —+ ......... I....... Operator Certification Number:.............................. ...... Location of Farm: a► Latitude && Longitude • 4 " Design Current Design Current Design Current Swine Capacity Population Poultry Capacity Population Cattle Capacity Population ❑ Wean to Feeder 10 Layer 1 F Dairy Feeder to Finish aj ❑ Non -Layer Non -Dairy ❑ Farrow to Wean ❑ Farrow to Feeder Other ❑ Farrow to Finish Total Design Capacity GOCa ❑ Gilts ❑ Boars Total SSLW Number of Lagoons [[]Subsurface Drains Present 11CILagoon Area ❑ Spray Field Area Holding Ponds I Solid Traps ❑ No Liquid Waste Management System - Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation (If yes, notify DWQ)? ❑ Yes ONo Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? h. If discharge is observed. did it reach: ❑ Surface Waters ❑ Waters of the State c. If discharge is observed. what is the estimated flow in gallmin? d. Does discharge bypass a lagoon system? 2. Is there evidence of past discharge from any pan of the operation? I Were there any adverse impacts to the waters of the State other than from a discharge? Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? Structure I Structure 2 Structure 3 Structure a Identifier: Freeboard (inches): a ! N Structure 5 ❑ Yes Ef No ❑ Yes j9 No ❑ Yes E] No Yes ❑ No ❑ Yes X No PYes ❑ No Structure 6 116/99 Continued on back Facility Number: $;2 - 0 date of Inspection 5. Are there any immediate threats to the integrity of any of the structures observed? (iel trees, severe erosion, seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? 8. Does any part of the waste management system other than waste structures require maintenancelimproverfrent? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 9. Do any stuctures lack adequate, gauged markers with required top of dike, maximum and minimum liquid level eigvation markings? ❑ Yes [:)No Waste Application r 10. Are there any buffers that need maintenancelimprovement? [:]Yes ❑ No 11. Is there evidence of over application? ❑ Ponding 0 Nitrogen ❑ Yes ❑ No 12. Crop type.........................................................................................................................................................................................................----................_........... 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes [)No 14. Does the facility lack wettable acreage for land application? (footprint) ❑ Yes ElNo 15. Does the receiving crop need improvement? ❑ Yes ❑ No 16. Is there a lack of adequate waste application equipment? ❑ Yes ❑ No Renuired Records i.0 Documents 17. Fail to have Certificate of Coverage & General Permit readily available? ❑ Yes ❑ No 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? Oct WUP, checklists, design, maps, etc.) r] Yes ❑ No 19. Does record keeping need improvement? (iel irrigation, freeboard, waste analysis & soil sample reports) ❑ Yes ❑ No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ❑ No 21. Did the facility fail to have a certified operator in responsible charge? ❑ Yes ❑ No 22. Fail to notify regional DWQ of emergency situations as required by General Permit? Gel discharge, freeboard problems, over application) ❑ Yes ❑ No 23. Did Reviewer/inspector fail to discuss review/inspection with on -site representative? ❑ Yes ❑ No 24. Does facility require a follow-up visit by same agency? ❑ Yes ❑ No 16:vi61ations •ar' def cien, des .w.ei-e noted during Ai' viisiiL : Y•ou-Afret:ely' no fur#her • . • �rrpsporidei>;�e about'this visii.:. • .. - ..... - - : - - - - • . Comments (refer to question 4t): Explain any YES answers anchor any recomniendations'6r_any other comments. Use drawings of facility to better explain_ situations. (use additional pages as necessary) `/ X.p �ji f 4 5- TY- ViSJ �r> -aen.j on 3 :7�-�9. 145aj>? G1xrs h.' a, i' 7� IV1• 410040vv- d Gi X51 drStfTa i � �� tltffl�r 30 94rtap/rj, A/%oej 4b lowcv" /cc5,zr" let)e� �iJ rf�terf,-cr."ITftP60QlCi it's{�..^,-t So Am� _ Gw,4PAAQ. 44 -- 'dC5 hr ,an �f �' ifl �kr /{��C iexx7Fc.^ %uer5:�yti Gt i toc q fr iPCv„�� Url :IA° f a� w► 0-r at j4cr✓rv7 fe9 Le Sep i.-Y,7I� r Ce�i gtAc,r'4/lf �r �"re ft'Irir.,t'� �a� Ge�,o, P��.t�r� Care "K ¢'��d/Xer.. Reviewer/Inspector Name, Reviewer/Inspector Signature: — ��i�� Date: _-F- 1/6/9, (' J' o I"N M'NW Q� 0 i Ii� II � lit, US i �� rm N [A` o A i i i Form IRR-11 Lagoon Liquid Irrigation Field Record For Recording Irrigation Events on Different Fields Farm Owner 4272-40zw Facility Number Spreader Operator -rjL - .:Number Sprinklers OperatingAIWM �Illl1vrl �1,1•�1�7�> . +� IIIIIIIIIIIIIle7��t3I� ■■n►�■�■R-■i��rm.�[�■■t��■■ �cV�l�]�ri�■■�1.�■1 !'� ■ �irs� lllllln� �ir7■ »lll•IIIII� Form IRR-2 Traci p Field Size (acres) a (A) Farm Owner Owners Address Owners Phone 0 Reid r 6,-r ` r .� e Lagoon Liquid Irrigation Field Record One Form for Each Field per Crop Cycle Facility Number - lrrigabon Operator Irrigation Operators oY- �y Address " 2 Operator's Phone 0 From Animal Wash Management Plan e�nbldecla(CWType a lodin(lecro) B D III I'll 11% 1ati 141 1st 17% ref dot MM III% TOW MMutes iFJt1711�d iEi�XLrilL' r r �G,<ilr� iti� !"..li�lti �G>Tr��f �rr]r�i� �l f� �:lGR:>• �QIF�a �1V�ri1.71��l+�il•ti�/l�f> l:�f�>tttiltii�'A® �'�l�l>lL��,�'� M. crop cycle Totals II Owner's Signature Operator's Signature Certified Operator (Print) Operator Certification # I See your animal waste management plan far sampling frequency. Ala minimum, waste anal sis is required within 60 days of land application events. 2 Enter the value received by subtracting column (10) from (S). Continue subtracting column 60) from column (11) following each application event. Form IRR-2 Tract a Field size (acres) a (A) Farm Own"' Owner's Addrega Owners Phone q Field fit G�S Lagoon Liquid Irrigation Field Record One Form for Each Field Per Crop Cycle Irrigation Operator 6 r >� Irrigation Operstora YqJ6 W000-0 �✓�' y Address n',y, j u Operntoee Phone 0 7 From Animal Waste Management Plan Crop Type G [ �g (mmende) c (B /Da rig rat rit rat rs► fst r7l rat rat rim r„t W. I UZI [A 4 it119�j7�li�i�/�JG�1>� t��fi[�7f1 1�t•'�i+l+e1>l7�i11�ici�Jl� �/ni°>• �� tilliC�Iir, �i�rir�■ii �� ►.11�� s��,I t♦"r11l�i�s �Aaltl�� U'11��',' Ir�■r■■ _ _ ��I�II�II��II(I� Crop Cycle Totals I _ I _ I Owner's Signature Operator's Signature Certified Operator (Print) Operator Certification # 1 Sec your animal waste management plan ror sampling frequency. At a minimum, waste analysis is required within 60 days of land application events. 2 Enter the value f6ccived by subtracting column (10) from (B). Continue subtracting column (10) from column (11) failowing each application event. Form IRR-Z Tract # Field Size (acres) o (A) Farm Owner Owners Address Owners Phone # Field -# 61 Lagoon Liquid Irrigation Field Record One Form for Each Field Per Crop Cycle Facility Number I .,Iyrrigation Operator �' r f . ..•� I„ Nation Operators '` �:l :l L l.%J r I/Ur"U 1�"" : t� i• l Address Operator's Phone # From Animal Waste Management Plan Crap Type ReoommwAad PAN Loading (Iblacre) c (e) r,s r?t r141 1d1 151 ts, M cps rnt lint fill TOW Mir%Aft .; 52-124777711ril �/IAL','�iil�li��i■rr77Jl>>>lei[��rl�i+.it>xliill�l.!>■i��i�.�lA�ll�l'D�� Owner's Signature Certified Operator (Print) Crop Cycle Totals I J Operator's Signature Operator Certification # I See your animal waste management plan for sampling frequency. At a minimum, waste analysis is required within 60 days or land application events. 2 Enter the value received by subtracting column (10) from (8). Continue subtracting column (10) from column (11) following each application event. Form IRR-Z Tract # Field Sire (acres) (A) Farm Owner Owner's Address Owners Phone # Lagoon Liquid Irrigation Field Record One Form for Each Field Per Crop Cycle Field p �prs 2� � Facility Number 1 77 rve7zz�� Irrigation Operator r • . Irrigation Operators q 906 h piC try„ 4 HL✓y Address V:.1 Operator's Phone # - I,.'; ► 7 c From Animal Waste Yanalloment Plan Crop Type Recommended PAN Loading (Ihlacre) a (B) ! 0 ret rsti rAI rn M ray rim 111% — — — — ---- -- - — � err'lul :: • ' wle�ia�irr.��r�r� ��+r��r�lei■mr��ls�r��e�,�_� �vna � �rs>�ra �v,>l� II�� >��a u■■�■t��■I■ �iv/7� u■■��i�rr�l Crop cycle Totals I I Owner's Signature Operator's Signature Certified Operator (Print) Operator Certification # I See your animal waste management plan for samplin$ frequency. At a minimum. waste anal sis is required within 60 days of land application events. 2 Enter the value received by subtracting column (10) from (B). Continue subtracting column 10) from column (11) following each application event. Form IRR-2 Tract q Field Size (acres) a (A) Faun Owner Owner's Address Owners Phone g Field N Lagoon Liquid Irrigation Field Record One Form for Each Field Per Crop Cycle Irrigation Operator - r -•. Irrigation Operators r/d, p f�GG;•0 14WY Address Operator's Phone # c From Animal Waste Management Plan Crop Type Recommended PAN Loading (lb/acre) a (0) %� 4 n► 171 I'll IA% IM !At M set M rim 11111, MOM Sky% .r ��►�y�I�►rir�>•i!+� � . ■�•��r��r�r��>��r�Ii�r�r�lrn��r��r� i�Irif�rr �r�i l�rrrr� Ilt�liCd�� ■�lk�rtf� ■I�rfifil� i>.r�,»� �w� �oa�r■r�>•■■Na�-e��l■� ra►�yrta■c��■r�a ■��I�•ors�I�rs�i�r�r�■■�aw��ri�:��i�r.�� Ill��il•��Ilftit,il�■II■�■�ll�lll■I �r�� i�I•ii.il� ��il��l_� ■■�■■■■■�� iiiii�iiiiii� I■■ili1i1i1i1�� ■�■■�� iirltif� �l�■�■�■■�■if�■i ■rl■�iiliiiii�■■■i■>_� ■ll��lllllll�li��wt�l� Crop Cycle Totals j I I Owner's Signature Operator's Signature Certified Operator (Print) Operator Certification N I See your animal waste management plan for sampling frequency, At a minimum, waste analysis is required within 60 days of land application events. 2 Enter the value received by subtracting column (1[0) from (B). Continue subtracting column (10) from column (l I) following each application event. Form IRR-2 Tract # Field Size (acres) a (A) Farm Owner Owner's Address Owner's Phone # Lagoon Liquid Irrigation Field Record One Form for Each Field Per Crop Cycle Field # 4210 .S G v+r S cc Grru�s' Fac ty Number 1 9") - r— ru UIA7,79 Irrigation Operator w • f -t Irrigation Operator's 16 cJeGC.?• u l f —e Address / a . 12 x � L 1� Operator's Phone r'a ? 1 :] From Animal Waste Management Plan Crop Type R000mrnended PAN Loading (Ituacre) G (B) r„ rat 111 rat rst fRl 171 ret rat tint till Total Mhd �r.��.� Ilrxs��■ Ii�Fli7r7 �..�� 1iTrIi1I��a �Ir�� s� 1FVw. .i� mIia i M l• tMilCtiWEA F&VM*�filL•n1��M�rr Irir>��» lilt!'�Illl�rlltri■�rilsl�s��ll�lllrrll��Illlllssrr�I' il■�s�t�it�■� a•■�■■I>•lII•I>•Ii_■Il•� i»IIIIIII��li• illl•�Ill�l��l>• ii�■illt• �■ ■If11111■lll�� i■■�s � �I>• �Iflllllllt•�■Ifli•l�■Il ��I'� >■■�■■iri»»»�■I� �I�fl•■■■�� i�l>.�■r■■■� 1■�■�llll�� I�I l�� llil.� ■■■�■� �� Owner's Signature Certified Operator (Print) Crop Cycle Totals I I l I Operator's Signature Operator Certification # I See your animal waste management plan for sampling frequency. At a minimum, waste analysis is required within 60 days of land application events. 2 Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each application event. Form !RR-2 Tract # Fiaid Size (acres) a (A) Farm Owner Owners Address Owners Phone # Lagoon Liquid irrigation Field Record One Form for Each Field Per Crop Cycle Facility Number - ► o4a•✓ S 72 Re Irrigation Operator Irrigation Operator's Address operator's Phone 0 W - -1 From Animal Waste Management Plan Crop Type Recommended PAN %� D t Loading Qhlacre) =113) 111 (21 rat rat t51 (61 m (81 (Al ritrt rill 7 Field p I Cl U - C:�-1 ■FJk.#'#�i��R[�7F;�Crli7t�U��lt��/LEA � la�r'�'ts/1!':i��.11E!� 111111TiIiN'siE,li.C+PAW&t?li31111 WARM W I['1fr W50119»41�lfi��J11��,>�� ■ll■Il�l>•��I��l� �r■��I��r•■�I� Crop Cycle Totals I I Owner's Signature Operator's Signature Certified Operator (Print) Operator Certification # l See your animal waste management plan for sampling frequency. At a minimum, waste analysis is required within 60 days of land application events. 2 Enter the value received by subtracting column (10) from (B), Continue subtracting column (10) from column (1 I) following each application event. LAGOON FREEBOARD AND AVAILABLE STORAGE CAPACITY LOG ?errr9t number: 1712 Farm name: 6e'l G Jwner: (f1Wi -1-I-J . 1/1/5 4 —,r Number of lagoons at facility: 3peratorin Responsible Charge: _% lJ l/. --t Certificate Number: ;20o S7 [f more than one lagoon at this facilty, please describe in words or by drawing, which lagoon is identified as Record freeboard lugs available Mora a capacitqy n feet.. ` Date I Lagoon # La oon #-j Lagoon Lagoon # La oon Lamoon # Lagoon # oon # Initials ^fin F - 4 .'7 �! .'w': .: +iw Sxt� .^d } ;.• ".!y'._ - .ct�' _ 'ty. "p ] pp ' Il •`' {, �y i`••ir.• 1 �+•.q�7(y'�TJ �i•ti ".t,: Y..�• r �•�^.l - 1 .S w.••i+..'j<; _l •�i�:i� �4F:j 7 r c'' ,x'/.. ^�+•v�rt�,1�i. ",4�bJi.�z.r.. :�.�i,: _ r �'i ff } ti' ir�r- '�� ;'f.: :.1 :� - S- .'f,'�'., •N. ��' ,�.:t r, �"xS.'` ..'�Y"�":�. k`'K��++'�'JJ�r�i.66,��e;:a .ri•�---:'M*!• ^• r _ :•6$}=.`''..1 _F'";,• :z.-.."._. .mow .`��,_ ±,(;-�?':i+•e w'.i},b .. r4 1'�`.3 !°% � f �or A J4 } x: , Fa4 ri :i _f - .. . `1 6�!Is'=.: I Y� " k?w*„n• h . - �rl ti r � .�. 'l;S ... .�:.:� ,:. • •;.:;.:. :w �.1,�T�,;�"a•Jh� ':a','r?uE»'fie-!...�yb� ;'w�;o�Y.ii�:�s��i.,`'9 'ik� # /-•��"i . Freeboard plus available storage capacity is the difference between the lowest point of a lagoon embankment and the level of liquid. For lagoons with spillways, the difference between the level of liquid and the bottom of the spillway should be recorded. 2. Freeboard plus available storage capacity must be recorded weekly. 3/20/97 LAGO N FREEBOARD AND AVAILABLE STORAGE CAPACITYLOG Permit number:, 4' ?� Farm name: Dwner; Clr . �'t!�-.t / _ / i/. ��:�,.� f _ Number of lagoons at facility: --- Dperatorin Responsible Charge: �frt�'/�-4� /%Gr:4(- Certificate Number: 630 f% if more than one lagoon at this facilty, please describe in words or by drawing, which lagoon is identified as Record freeboard plus available storage capacity In feet. ` Date Lagoon 41 La oon # ::' Lagoon # Lagoon a n Lkgoon # Initials ,.�`, r !f . �, I'. 1 3 i f. :. i": _ �,` - i:, ' x �"_E�4 �7•-. •.�ii, v�� s¢M...:.�:: ... i:...3 �i-�:y �iK' r• , ,..fir /Y' �.. :.w::. '�-;�i: �'."[��x �.. .w' 'R.✓'�'..- :s, «,,�'A�' kE.rF -a::: "�'".;' .f } � �' .. �l ..��.i-�.f`�l a� 11'^' ^I:: �'� -�i :1 �,!�!#'!;F_: _. iR'� Y_Sti7`�. i:w h y,..• ��'•v ;'A "`•L •Yri -, � i'�! �-_�f ��i± _ __ .`�>Y� •. {, ..'.:ice... «, L"i•l i'�-:3 R.; ,R':4. -' x. .J =:i: lf:,,.� :�,[:a:.:;...-�v- �i�: .-��;�'.iew`',s- ;''i.r. .:r•r'=� tiILP ,,,�[�,pi'::`r:•tY` ti _ ., .. �;�., .cti�r*W�•- '!�i•?j°iy. k �-,w� .. .. _. - "^3. �•:+: .a. ' ��'•ti.¢^ i•2a" -rr.`�+�"✓r,.3t a1.Tafi.- ][� ++�� '71'L".. Sa�{gL-'r. t� �%_ . ,�. Freeboard plus available storage capacity is the difference between the lowest point of a lagoon embankment and the level of liquid. For lagoons with spillways, the difference between the level of liquid and the bottom of the spillway should -be recorded. - 2. Freeboard plus available storage capacity must be recorded weekly. 3120/97 C9RTIFIED MAEL RETURN RECEIPT REQUESTED CHARLES Wa.LIAMS 1793 MARION - Amos ROAD ROSEBORO NC 28382 Dear Charles Williams: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality April 25, 2003 r 'APR 2 9 2003 Subject: Notice of Violation and Revocation for Nonpayment Farm 3096 Permit Number: AWS820708 Sampson County In accordance with North Carolina General Statute 143-215.10G, all animal operations who receive an animal waste management system permit will be charged in each year of the term an annual permit fee, Annual permit fees are billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste management system permit was issued on 1/23/1998. Your annual permit fee for the period of 1/232003 - 1/22/2004 is $300.00. Your payment was due 3/9/2003. Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit, pursuant to 15 NCAC 2H .0205 (c) (4). and G.S. 143-215.1 (b) (3). Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an anima] waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is subject to the assessment of a civil penalty of up to S 10,000 per day. Your payment should be sent to: N.C. Department of Environment and Natural Resources Division of Water Quality Budget Office 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you have any questions, please contact Fran McPherson at (919) 733-7015 ext. 210. Sincerely, RIO_t' K�; Alan W. Klimek, P.E. 'c: Non -Discharge Branch Compliance/Enforcement Unit Fayetteville.Regional'Offtce Sampson County Health Department Permit File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 1n Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper Ms. Toni King Murphy -Brown LLC PO Box 759 Rose Hill, NC 28458 RE: Retraction of Notice of Violation Farm 3096 (Charles Williams) Certificate of Coverage AWS820708 Sampson County Dear Toni: Michael F. Easley Governor Wliliam G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek. P.E. Director Division of Water Quality May 5, 2003 L 20Q3 On April 25, 2003, Mr. Charles Williams was sent a Notice of Violation for failing to pay the annual permit fee for the referenced facility. Since evidently there was some confusion as to whether Mr. Williams or Murphy -Brown LLC was responsible for the permit fee and the payment was received the following week, the Notice of Violation has been retracted and removed from the farm's file. if you have any questions, please call me at 733-5083, ext. 539. Sincerely, Steve Lewis cc: Mr. Charles Williams Fran McPherson Facility File — Non -Discharge Compliance/Enforcement Unit a, e4eville Re'aibnal-Office, Central Files V�A NCDENR Customer Service: Mailing Address: Telephone (919) 733-5083 Location: 1-677-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St_ Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh. NC 27699-1617 An Equal Opportunity lAffirmative Action Employer 50% recycled 110'5 past -consumer paper httpJlh2o, enr. state, nc. us r AAA NCDENR North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Govemor Director September 29, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED Williams, Charles Whitewoods Farm 484 Horse Pasture Rd Salemburg, NC 283859297 Dear Permittee, Natural Resources Subject: Notice of Violation Whitewoods Farm Permit Number AWS820708 Sampson County DENR-FRO Dee Freeman Secretary As of this date, our records indicate that the above -referenced permit issued to your facility has overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by this Division. The following invoices are outstanding: Invoice Number Invoice Date Due Date Outstanding Fee $ 2011PR000738 1 /14/2011 2/13/2011 360 Please include payment for all your current and prior invoices far which the anuual fees are still due. Please remit the total sum of the outstanding fees, made payable to the North Carolina Department of Environment and Natural Resources (NCDENR), in the above amount. Please include Permit Number on your check and mail this payment to: Division of Water Quality — Budget Office Attn: Fran McPherson 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 807-6321 Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested within thirty (30) days of this Notice of Violation. -contd- 1636 Mail Service Center, Raleigh. North Carolina 27699-1636 location: 2728 Capital Blvd., Raleigh, North Carolina 27604 One Phone: 919-733-3221 4 FAX: 919-715-05M8 Customer Service: 1-877-623-6748 NorthCarolina Internet www.ncrvaterqualify.org �lJ/� An Equal Opportunity 4 Affirmative Action Employer Naturally If you have any questions concerning this Notice, please contact J. R. Joshi at (919) 715-6698 or at jays joshi@ncdenr_gov. Sincerely, Keith Larick, Supervisor Animal Feeding Operation Unit cc: Fayetteville Regional Office, Aquifer Protection Section APS Central File (Permit No AWS920708) NCDENR North Carolina Department of Environment and Natural Resoure,_ 11� Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins t T. �} � e Governor Director June 28, 201 O CERTIFIED MAIL RETURN RECEIPT REQUESTED .. Williams, Charles Whitewoods Farm �y t 484 Horse Pasture Rd 5alemburc, NC 28385 Subject: Notice of Violation Whitewoods Farm Permit Number AWS820708 Sampson County Dear Permittee, to w As of this date, our records indicate that the above -referenced permit issued to your facility has overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by this Division. The following invoices are outstanding: Invoice Number Invoice Date Due Date Outstanding Fee (S) 2009PR002399 3/1712009 4/16/2009 360.00 Please be reminded that the table above covers the period between Years 2006 and 2009. Please also include payments for invoices that you received in 2010 and any other year for which the anuual fees are still due. Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested within thirty (30) days of this Notice of Violation. Please remit the payment, made payable to the North Carolina Department of Environment and Natural Resources (NCDENR), in the above amount. Please include Permit Number on your check; and mail this payment to: Division of Water Quality — Budget Office Attn: Fran McPherson 1617 Mail Service Center Raleigh, NC 27699-1617 1636 Mail Service Center, RaEeigh, North Carolina 27699-1636 ! ocat&: 2728 Capital Bivd., Raleigh. North Carolina 27604 1�TQEI� ?hone 9lg.733-3221iFAX: 919-715-05881Custanier5ervice 1-877-623-6748 NoT-thCal-ofina Internet: www.n ewaterquallty.org An Equal Opponunuy i nfumUce Acuon Employer Naturally ra/fL r}' If you have any questions concerning this Notice, please contact J. R. Joshi at (919) 715-6698 or at jaya.joshi@ncdenr.gov. Sincerely, --W.� Keith Larick, Supervisor Animal Feeding Operation Unit cc: Fayetteville Regional Office, Aquifer Protection Section APS Central File (Permit No AWS820708) RECEIVED/DENRlDWR Water Quarry Regional ALMwh FEB 7#f1 at SecuoF 018Re�lo�lcnNCDENR oca North Carolina Department of Environment and Natural Resources Pat McCrary Governor January 27, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED Ken Spell ViMtewoods Farm 484 Horse Pasture Rd Salemburg, NC28385-9297 Subject: Notice of Deficiency Whiteitioods Farm Permit Number: AWS820708 Sampson County Dear Perrnittee, Donald R. van der Vaart Secretary As of this date, our records indicate that the above -referenced permit issued to your facility has overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by the Division of Water Resources (Division). The following invoices are outstanding: Invoice Number Due Date Outstandin Fee $ 2014PR000690 2/7/2014 360 Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Resources who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested within thirty (30) days of this Notice of Deficiency. Please remit the payment, made payable to the North Carolina Department of Environment and Natural Resources (NCDENR), in the above amount_ Please include Permit Number on your check and mail this payment to: Division of Water Resources — Budget Office Attn: Teresa Revis 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 807-63I6 -caretd.- 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Phone: 919-807-646411nternet: http:/Avww.ncwater.org An Equal Opportunity 1 Affirmative Action Employer - Made in part by recycled paper If you have any questions concerning this Notice, please contact the Animal Feeding Operations Branch staff at (919) 807-6464. Sincerely, J" �. uj�tk-' Debra J. Watts, Supervisor Animal Feeding Operations, and Ground Water Protection Branch cc: Fayetteville Regional Office, Water Quality Regional Operations Section . WQROS Central File (Permit No AWS820708) A&7FA MCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED Ken Spell Whitewoods Farm 484 Horse Pasture Rd Salemburg, NC28385-9297 Dear Pcrmittee, Donald R. van der Vaart Secretary April 15, 2015 RECEIVED APR f, 7 2015 DENR 4AYEiTEWLLE REGIONAL OFFICE Subject: Notice of Violation/Notice of Intent to Enforce Wh tewoods Farm Permit Number: AWS820708 Sampson County You are hereby notified that, having been permitted to have an animal waste management system permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have been found to be in violation of your permit. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by the Division of Water Resources (Division). The Division sent you a Notice of Deficiency by a letter dated January 27, 2015. As of this date, our records indicate that the above -referenced permit issued to .your facility has overdue fees. The following~ invoices are outstandinv: Invoice Number Due Date Outstanding Fee (S) 2014PR000690 2/7/2014 360 2015PROOO148 2/8/2015 360 Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Resources if you fail to pay the appropriate fee as requested within thirty (30) days of this Notice of Violation. The Division has the authority to levy a civil penalty of not inore Lhan $25,000 per day per viulauoli against ajay "persuu" who vlolatcs or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested within thirty (30) days of this Notice of Violation. Please remit the payment, made payable to the North Carolina Department of Environment and Natural Resources (NCDENR), in the above amount. Please include Permit Number on your check and mail this payment to: Division of Water Resources -- Budget Office Attn: Teresa Revis 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 807-6316 -contd.- 1636 Mail Service Center, Raleigh, !North Carolina 27699-1636 Phone: 919-807-64641 Internet: http:llwww.ncwater.org An Equal Opportunity %ArfirmaGve Amn Employer — Made in part by recycled paper Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statue or permitting requirements. If you have any questions concerning this Notice, please contact the Animal Feeding Operations Branch staff at (919) 807-6464. Sincerely, Debra J. Watts, Supervisor Animal Feeding Operations, and Ground Water Protection Branch cc: Fayetteville Regional Office, Water Quality Regional Operations Section WQROS Central File (Permit No. AWS820708) RECEIVED DEQIDWR .�; JUN 01 2016 WQROS Water Resources FAYETTEVILLE REGIONAL OFFICE ENVIRONMENTAL QUALITY May 27, 2016 CERTIFIED MAIL - #f70151520 0000 7838 4009 RETURN RECEIPT REOUESTED Ken Spell Whitewoods Farm 484 Horse Pasture Road Salemburg, NC28385 Dear Ken Spell: PAT MCCRORY Governor DONALD R. VAN DER VAART SUBJECT: Request for Payment of Civil Penalty Enforcement File No- PC-2016-0018 Sampson County 5&retat7- S. JAY ZiMMERMAN Director On March 9, 2016, the Director of Division of Water Resources (DWR) assessed a civil penalty against you in the amount of $296,00, including S 116.00 in investigative costs for failure to pay the annual administering and compliance fees. In addition to the civil penalty amount stated above, you are still responsible for paying the overdue administering and compliance fees of $360.00 owed to the DWR. If any civil penalty has not been paid within 30 days after the final agency decision has been served on the violator, North Carolina General Statue 143-215-6A (g) allows the Secretary of the Department of Environmental Quality to request the Attorney General to institute a civil action in Superior Court of any county in which the violator resides or has his or its principal place of business to recover the amount of the assessment. The Division has the certified mail green card that shows you received the Final Agency Decision on March 29, 2016. This letter serves as final notice that the Division will proceed to refer your case to the North Carolina Attorney General's Office unless payment of this civil penalty and fees are received within 10 days of your receipt of this notice, the North Carolina Attorney General's Office will seek collection through the courts. Should you have any questions, please contact Miressa D. Garorna at (919) 807-6340 or Debra Watts at (919)807-6338. Sincerely, -11—#4a Miressa D. Garoma Animal Feeding Operations Program Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: Belinda Henson, Fayetteville WQROS Regional Supervisor File # PC-2016-0018 WQROS Central Files (AWS820708) Slaw or North Carolina I Environmental Quality I Water Resources'WaterQuality Regional operations 1636 Mail service Cenler j Raleigh, North Carolina 27699-1636 919 807 6464 r -- Water Resources ENVIRONMENTAL QUALITY March 9, 2016 CERTIFIED MAIL - #7002 2410 0003 0274 0905 RETURN RECEIPT RE UESTED Ken Spell Whitewoods Farm 484 Horse Pasture Road Salemburg, NC28385 Dear Ken Spell: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretory S. JAY ZIMMERMAN SUBJECT: Assessment of Civil Penalties for Violation(s) of 15A NCAC 2T .0105(e)(2) Farm # 82-0708 Sampson County Enforcement File No. PC-2016-0018 Director This letter transmits notice of a civil penalty assessed against Ken Spell in the amount of $180.00, and $116.00 in investigative costs, for a total of $296.00. 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 $1080.00. 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 State of North Carolina I Environmental Quality I Water Resources Water Quality Regional operations Section 1636 Mail service Center I Raleigh, North Carolina 27699-1636 919 &17 6464 At Assessment of civil penalty Ken Spell Enforcement # PC-2016-0018 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 14313-282.1(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 I636 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. r . . Jr Assessment of civil penalty Ken Spell Enforcement # PC-2016-0018 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 fling 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 transnussion. 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: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DEQ as follows: Sam M. Hayes, 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 dateJtime 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 compliAice-fees owed to the DWR 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 Outstanding Fee $ 2014PR000690 2/7/2014 360 j.2015PR000.148 2/8/2015 360 2016PR000446 "; ' + Y + 2/.11 /2016 360 Please remit payment made payable to the North Carolina Department of Environmental Quality in the amount of $1080.00. 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 Ken Spell Enforcement # PC-2016-0018 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 (919) 807-6340. Sincerely, / on Risg d, Chief Water Quality Regional Operations Section Division of Water Resources ATTACHMENTS cc: Belinda Henson, Fayetteville WQROS Regional Supervisor w/ attachments File # PC-2016-0018 w/ attachments WQROS Central Files w/ attachments Sampson County Health Department pWR C)O DE LIAR 15 Z416 L O 05SAL OWCE FAYETTEVr STATE OF NORTH CAROLINA COUNTY OF SAMPSON IN THE MATTER OF KEN SPELL 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-2016-0018 } 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), 1, Jon Risgaard, Chief of the Water Quality Regional Operations Section of the DWR, make the following: I. FINDINGS OF FACT: A. Ken Spell owns and operates Whitewood Farm, a swine animal feeding operation in Sampson County. B. Ken Spell was issued Certificate of Coverage AWS820708 under General Permit AWG100000 for Whitewood Farm on October 1, 2014, effective upon issuance, with an expiration date of September 30, 2019. C. 15A NCAC 2T .0105(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. 143-215.3D(a). -Annual fees must be paid for any facility operating on an expired permit that has not been rescinded or revoked by the Division. Pern-dttees shall be billed annually by the Division." D. The following table provides a history of unpaid invoices sent by DWR Budget Office to Ken Spell for the annual administering and compliance fees of said Permit: Invoice Number Due Date Outstanding Fee (S) 2014PR000690 2/7/2014 360 2015PR000148 2/8/2015 360 2016PR000446 2/ I 1 /2016 360 E. On April 15, 2015, a Notice of Violation (NOV)/ Notice of Intent to Enforce (NOI) was issued to Ken Spell, 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, return receipt requested and received on April 22, 2015. T' 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 $116.00 Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Ken Spell is a "person" within the meaning of N.C.G.S. 143-215.6A pursuant to N.C.G.S_ 143-212(4). B. Ken Spell 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, I make the following: III. DECISION: Accordingly, Ken Spell is hereby assessed a civil penalty of: � UGC $ p r"d $116.00 $ 2[4" For the violation of 15A NCAC 2T .0105(e)(2) by failing to pay the annual administering and compliance fee for 2014 & 2015. TOTAL CIVIL PENALTY which is authorized by N.C.G.S. 143-215.6A. Enforcement costs 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 Fact and Conclusions of Law and the factors set forth at N.C.G.S. 143B-282.1(b), which are: s (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. W. 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 Ken Spell, in accordance with N.C.G.S. 143-215.6(A)(d). 3 /& (Date) Ton Ris , Chief WateylXality Regional Operations Section Div on of Water Resources DIVISION OF WATER RESOURCES CIVIL PENALTY ASSESSMENT FACTORS Violator: Ken Spell County: Sampson Case Number: PC-2016-0018 Permit Number: AWS820708 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: 3) 4) 5) Invoice Number Due Date Outstandin Fee $ 2014PR000690 21712014 360 2015PR000148 21812015 360 2016PR000446 211112016 360 The effect on ground or surface water quantity or quality or on air quality; Unknown. The cost of rectifying the damage; The total overdue annual administering and compliance fees are $1080.00. t"J- e'r ti];L--j -}ter jle. -I aIS-C13 ... The amount of money saved by noncompliance; By not paying the annual administering and compliance fees, the permittees saved a total of $1080.00. 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 - NO Vforfailure to pay annual fee for 2009 June 2011 NOV for failure to pay annual fee for 2011 April 2015 - NOV for failure to pay annual fee for 2014 & 2015 8) The cost to the State of the enforcement procedures. $116.00 Date on Ris rd rev 1.0 - 8.31.09 STATE OF NORTH CAROLINA COUNTY OF SAMPSON IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST KEN SPELL PERMIT NO. AWS820708 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. PC-2016-0018 Having been assessed civil penalties totaling $296.00 for violation(s) as set forth in the assessment document of the Division of Water Resources dated, March 9, 2016, 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 ADDRESS TELEPHONE Signature 2016 JUSTIFICATION FOR REMISSION REQUEST APS Case Number: PC-2016-0018 County: Sampson Assessed Party: Ken Spell Permit No.: AWS820708 Amount assessed: $296.00 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 ofFacts " 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-2821(b) were wrongfully 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) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain hou? payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: \Rem. req.