No Project ID_Alexander Violation Files_20171231

o�0 w A rF,�QG
>_
t7 �
Mr. Tim Houser
Houser Farms, Inc.
P.O. Box 215
Hiddenite, NC 28636
SUBJECT: Assessment of Civil Penalties
for Oil Discharge
Alexander County
File No. OC —2003-0301
Dear Mr. Houser:
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
October 14, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
This letter transmits notice of a civil penalty assessed against Houser Farms, Inc. itiNK"Au"1 ' d dTdO
of $9,000.00. 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 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:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
L
NCDENR
Customer Service: Mailing Address: Telephone [phone] Location:
1-877.623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699.1617 State Courier #52.01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
50% recycled/ 10% post -consumer paper
http://h2o. enr. state.nc. us
ROY 1
4 ` 00
This letter transmits notice of a civil penalty assessed against Houser Farms, Inc. itiNK"Au"1 ' d dTdO
of $9,000.00. 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 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:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
L
NCDENR
Customer Service: Mailing Address: Telephone [phone] Location:
1-877.623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699.1617 State Courier #52.01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
50% recycled/ 10% post -consumer paper
http://h2o. enr. state.nc. us

i'
2. Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for remission or mitigation is limited to consideration of the reasonableness
of the amount of the penalty and is not the proper procedure for contesting the
accuracy of any of the statements contained in the assessment letter. Because a
remission request forecloses the option of an administrative hearing, such a request
must be accompanied by a waiver of your right to an administrative hearing and a
stipulation that there are no factual or legal issues in dispute. You must execute and
return to this office the attached waiver form and a detailed statement which you
believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B -282.1(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from
the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please submit this information to the attention of:
Mr. Steve Lewis '
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
KO
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must request an
administrative hearing. This request must be in the form of a written petition to the
Office of Administrative Hearings and must conform to Chapter 150B of the North
Carolina General Statutes. You must file your original petition with the:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714

AND
Mail or hand -deliver a copy of the petition to:
And to:
Mr. Dan Oakley
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not
a postmark) indicating when we received your response, will result in this matter being referred
to the Attorney General's Office with a request to initiate a civil action to collect the penalty.
Please be advised that additional assessments may be levied for future violations which occur
after the review period of this assessment.
If you have any questions, please contact Mr. Steve Lewis at [phone], ext. 539 or Ms.
Linda Fitzpatrick at [phone], ext. 526.
Sincerely,
Jeffrey O. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
JOP/scl
ATTACHMENTS
cc: D. Rex Gleason, P.E., Mooresville Regional Supervisor w/ attachments
an 506u=Ghazale w/,attachmenls
File # OC -2003-0301 w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF ALEXANDER
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADNHNISTRATIVE HEARING AND
HOUSER FARMS INC. ) STIPULATION OF FACTS
FILE NO. OC -2003-0301
Having been assessed civil penalties totaling _ $9,000,00 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated October 14, 2003 , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty
(30) days of receipt of the civil penalty assessment. No new evidence in support of a remission
request will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REOUEST
DWQ Case Number: OC -2003-0301 County: Alexander
Assessed Party: Houser Farms, Inc.
Permit No. (if applicable): N/A Amount Assessed: $9,000.00
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 of.
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 Rromptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent figure
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 prevent Vaymqnt for the remaining necess
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF ALEXANDER
File No. OC -2003-0301
I08Su�I: II"Kij
HOUSER FARMS, INC. }
} FINDINGS AND DECISION
FOR VIOLATION OF NORTH CAROLINA ) AND ASSESSMENT OF
GENERAL STATUTES 143-215.83; ) CIVIL PENALTIES
143-215.84 AND 143-215.85 )
Acting pursuant to delegation provided by the Secretary of the Department of Environment
and Natural Resources and the Director of the Division of Water Quality, I, Jeffrey O. Poupart,
Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Houser Farms, Inc. is a corporation organized and existing under the laws of the State of
North Carolina. Mr. Tim Houser is the president of Houser Farms, Inc.
B. Houser Farms, Inc. owns and operates Houser Farms which is located north of Hiddenite
in Alexander County along Houser Farm Road.
C. On April I6, 2003, a mixture of diesel fuel oil and water discharged from a storage tank
at Houser Farms.
D. On April 17, 2003, DWQ staff inspected Houser Farms in response to a complaint from
the Public Water Supply Section. Staff observed oil on the ground and a sheen on an
unnamed tributary to Wallace Creek. Wallace Creek is WS -II HQW waters of the State
within the Yadkin River Basin.
E. Houser Farms, Inc. failed to immediately notify the Department of Environment and
Natural Resources (DENR) about the discharge.
F. The cost to the State of the enforcement procedures in this matter totaled $305.38.

Based upon the above Findings of Fact, I make the following:
U. CONCLUSIONS OF LAW:
A. Houser Farms, Inc. is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. The unnamed tributary to Wallace Creek constitutes waters of the State within the
meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
C. The diesel oil and water mixture discharged by Houser Farms on April 16, 2003 was
"oil" within the meaning of G.S. 143-215.77(8).
D. Houser Farms, Inc. violated G.S. 143-215.83 by discharging oil on lands of the State.
E. Houser Farms, Inc. violated G.S. 143-215.84 by failing to immediately collect and
remove the discharged oil and to restore the area affected by the discharge to the
condition existing prior to the discharge.
F. Houser Farms, Inc. violated G.S. 143-215.85 by failing to, as a person owning or
having control over oil discharged without a permit within the meaning of G.S. 143-
215.84(a), to immediately notify DENR.
G. G.S. 143-215.88A provides that a civil penalty of not more than $5,000 per violation
may be assessed against any person who intentionally or negligently discharges oil or
other hazardous substance, or knowingly causes or permits the discharge of oil in
violation of Article 21 A of Chapter 143 of the General Statutes, or fails to report a
discharge as required by G.S. 143-215.85, or who fails to comply with the
requirements of G.S. 143-215.84.
H. The Supervisor of the Non -Discharge Compliance and Enforcement Unit, Division of
Water Quality, pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water
Quality, has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
Accordingly, Houser Farms, Inc, is hereby assessed a civil penalty of.
$�
4000-00 for violation of G.S. 143-215.83 for discharging, or causing to
be discharged, oil or other hazardous substance into or upon
the waters or lands within the State, regardless of the fault of
the person having control over the oil or other hazardous
substance, or, regardless of whether the discharge was the
result of intentional or negligent conduct, accident or other
cause.

$ for violation(s) of G.S. I43-215.84 for failing to immediately
collect and remove the discharged oil and to restore the area
affected by the discharge to the condition existing prior to the
discharge.
$ 4,000.00 for violation(s) of G.S. 143-215.85 for failing to immediately
notify DENR of the nature, location and time of the discharge
and of the measures which are being taken to contain and
remove the discharge.
$ 9,0m-00 TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282.I(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
(Date) re O. oupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
Division of Water Quality

Mr. Tim Houser
Houser Farms, Inc.
P.O. Box 215
Hiddenite, NC 28636
SUBJECT: Assessment of Civil Penalties
for Oil Discharge
Alexander County
File No. OC —2003-0301
Dear Mr. Houser:
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
October 14, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
This letter transmits notice of a civil penalty assessed against Houser Farms, Inc. in the amount
of $9,000.00. 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 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. =%G"nV
Please send payment to the attention of:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Customer Service: (Nailing Address: Telephone f919) 733-5083
1-877.623-6748 1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equat Opportunity/ Affirmative Action Employer
5095 recycled 110% poshconsumer paper
http://h2o. ennsta te, nc. us
.Or ENVIRONME,.'r
�"MMATURAL RESOURct;,I
SVILLF perEU�lAf LLy�QFpCE
PR T" I
9.
OCT 2 3 2003 s
pr
7v�A;Ar
512 N. Salisbury St.
Raleigh, NC 27699-1617

KO
2. Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for remission or mitigation is limited to consideration of the reasonableness
of the amount of the penalty and is not the proper procedure for contesting the
accuracy of any of the statements contained in the assessment letter. Because a
remission request forecloses the option of an administrative hearing, such a request
must be accompanied by a waiver of your right to an administrative hearing and a
stipulation that there are no factual or legal issues in dispute. You must execute and
return to this office the attached waiver form and a detailed statement which you
believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B -282.1(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from
the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please submit this information to the attention of:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
[ice
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must request an
administrative hearing. This request must be in the form of a written petition to the
Office of Administrative Hearings and must conform to Chapter 150B of the North
Carolina General Statutes. You must file your original petition with the:
Office of Administrative Hearings
6714 Mail Service Center .
Raleigh, North Carolina 27699-6714

AND
Mail or hand -deliver a copy of the petition to:
And to:
Mr. Dan Oakley
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not
a postmark) indicating when we received your response, will result in this matter being referred
to the Attorney General's Office with a request to initiate a civil action to collect the penalty.
Please be advised that additional assessments may be levied for future violations which occur
after the review period of this assessment.
If you have any questions, please contact Mr. Steve Lewis at [phone], ext. 539 or Ms.
Linda Fitzpatrick at [phone], ext. 526.
Sincerely,
Jeffrey O. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
JOP/scl
ATTACHMENTS
cc:D1�RexGleasori PE':;:Nioo� re iIle RegronaI Supervisor w/ attachments
Samar Bou-Ghazale w/ attachments
File # OC -2003-0301 w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA
COUNTY OF ALEXANDER
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADNIINISTRATIVE HEARING AND
HOUSER FARMS, INC. ) STIPULATION OF FACTS
FILE NO. OC -2003-0301
Having been assessed civil penalties totaling $9,000.00 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated — October 14,_ 2003 , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty
(30) days of receipt of the civil penalty assessment. No new evidence in support of a remission
request will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the day of _ _ , 20
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: OC -2003-0301 County: Alexander
Assessed Party: Houser Farms, Inc.
Permit No. (if applicable): N/A Amount Assessed: $9.000.40
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For_ Remission, Waiver of ght to an Administrative Hearing, and Stipulation of
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 promotly 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:

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF ALEXANDER
File No. OC -2003-0301
IN THE MATTER OF )
HOUSER FARMS, INC. )
FINDINGS AND DECISION
FOR VIOLATION OF NORTH CAROLINA ) AND ASSESSMENT OF
GENERAL STATUTES 143-215.83, } CIVIL PENALTIES
143-215.84 AND 143-215.85 )
Acting pursuant to delegation provided by the Secretary of the Department of Environment
and Natural Resources and the Director of the Division of Water Quality, I, Jeffrey O. Poupart,
Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Houser Farms, Inc. is a corporation organized and existing under the laws of the State of
North Carolina. Mr. Tim Houser is the president of Houser Farms, Inc.
B. Houser Farms, Inc. owns and operates Houser Farms which is located north of Hiddenite
in Alexander County along Houser Farm Road.
C. On April 16, 2003, a mixture of diesel fuel oil and water discharged from a storage tank
at Houser Farms.
D. On April 17, 2003, DWQ staff inspected Houser Farms in response to a complaint from
the Public Water Supply Section. Staff observed oil on the ground and a sheen on an
unnamed tributary to Wallace Creek. Wallace Creek is WS -11 HQW waters of the State
within the Yadkin River Basin.
E. Houser Farms, Inc. failed to immediately notify the Department of Environment and
Natural Resources (DENR) about the discharge.
F. The cost to the State of the enforcement procedures in this matter totaled $305.38.

Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Houser Farms, Inc. is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. The unnamed tributary to Wallace Creek constitutes waters of the State within the
meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
C. The diesel oil and water mixture discharged by Houser Farms on April 16, 2003 was
"oil" within the meaning of G.S. 143-215.77(8).
D. Houser Farms, Inc. violated G.S. 143-215.83 by discharging oil on lands of the State.
E. Houser Farms, Inc. violated G.S. 143-215.84 by failing to immediately collect and
remove the discharged oil and to restore the area affected by the discharge to the
condition existing prior to the discharge.
F. Houser Farms, Inc. violated G.S. 143-215.85 by failing to, as a person owning or
having control over oil discharged without a permit within the meaning of G.S. 143-
215.84(a), to immediately notify DENR.
G. G.S. 143-215.88A provides that a civil penalty of not more than $5,000 per violation
may be assessed against any person who intentionally or negligently discharges oil or
other hazardous substance, or knowingly causes or permits the discharge of oil in
violation of Article 21 A of Chapter 143 of the General Statutes, or fails to report a
discharge as required by G.S. 143-215.85, or who fails to comply with the
requirements of G.S. 143-215.84.
H. The Supervisor of the Non -Discharge Compliance and Enforcement Unit, Division of
Water Quality, pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water
Quality, has the authority to assess civil penalties in this matter_
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
Accordingly, Houser Farms, Inc. is hereby assessed a civil penalty of:
for violation of G.S. 143-215.83 for discharging, or causing to
be discharged, oil or other hazardous substance into or upon
the waters or lands within the State, regardless of the fault of
the person having control over the oil or other hazardous
substance, or. regardless of whether the discharge was the
result of intentional or negligent conduct, accident or other
cause.

$ for violation(s) of G.S. 143-215.84 for failing to immediately
collect and remove the discharged oil and to restore the area
affected by the discharge to the condition existing prior to the
discharge.
$� 4 00n_00 for violation(s) of G.S. 143-215.85 for failing to immediately
notify DENR of the nature, location and time of the discharge
and of the measures which are being taken to contain and
remove the discharge.
$_ 9,i1f o-oo TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors Iisted in G.S. 143B-282. I (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6)' Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
�Cr 03
(Date) e}�O. oupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
Division of Water Quality

DIVISION OF WATER QUALITY
July 21, 2003
MEMORANDUM TO: Jeff Poupart
FROM: Rex Gleason
PREPARED BY: Samar Bou-GhazaleJ86__;-
SUBJECT: Fast Track Enforcement (OC)
Violations ofNCGS 143-215.83,
143-215.84, and 143-215.85
Houser Farms, Inc.
Alexander County, N.C.
Attached is an enforcement report which details violations of NCGS 143-215.83, 143-
215.84, and 143-215.85. Also enclosed is MRO's NOV/NRE, STAT, Inc.'s response letter to the
NOV/NRE, and the site cleanup report (prepared by STAT, Inc.) that details the on-site remedial
activities. Based upon our review of the response, an enforcement action is still recommended.
If you have questions or require additional information, please contact Samar or me.
Attachments
SBG

STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT
OF ENVIRONMENT AND NATURAL
RESOURCES
COUNTY OF ALEXANDER
File No. OC
IN THE MATTER OF )
Houser Farms, Inc. )
FINDINGS AND DECISION
FOR VIOLATIONS OF ) AND ASSESSMENT OF
NCGS 142-215.83, 143-215.84 ) CIVIL PENALTIES
and 143-215.85 )
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of Water Quality, 1, Jeffrey O.
Poupart, Supervisor of the Non -Discharge Compliance and Enforcement Unit of the
Division of Water Quality (DWQ), make the following:
I. FINDING OF FACT
A. Houser Farms, Inc., is a corporation organized and existing under the laws
of the State of North Carolina. Mr. Tim Houser is the owner of Houser
Farms, Inc.
B. On April 16, 2003 diesel fuel oil overflowed- from one of Mr. Houser's
tanks while it was being flushed with water. The diesel fuel oil spilled
onto the ground and into an unnamed tributary to' Wallace Creek.
C. On April 17, 2003, the DWQ in the Mooresville Regional Office (MRO)
was informed by the Public Water Supply Section in the MRO of the
discharged oil.
D. On April 17, 2003, a representative of the DWQ/MRO, Mr. Samar Bou-
Ghazale, met with Mr. Houser to investigate the spill. At that time Mr.
Bou-Ghazale noticed oil on the ground and a sheen on the water in an
unnamed tributary to Wallace Creek. Mr. Houser was instructed to clean
up the affected soil and the creek area.
E. On April 18, 2003, approximately 3.67 tons of soil was excavated from the
site and taken to Soil Solutions in Lattimore, NC for disposal. Also,
approximately 19,500 gallons of contaminated water was collected and
disposed of at Phillips Environmental in Charlotte, N.C.
F. On April 23, 2003, the MRO issued a Notice of Violation to Houser
Farms, Inc., concerning violations of NCGS 143-215.83, 143-215.84 and
143-251.85.

G. On May 8, 2003, the MRO received a letter from STAT, Inc., the clean-up
contractor, explaining actions being taken to clean-up the spill.
H. On June 13, 2003, the MRO received a report from Stat, Inc., detailing
clean-up actions.
The cost to the State of the enforcement procedures in this matter totaled
305.38.
Based upon the above Finding of Fact, 1 make the following:
II CONCLUSION OF LAW:
A. Houser Farm, Inc., is a "person" within the meaning of G.S. 143-
215.77(13).
B. An unnamed tributary to Wallace Creek and Wallace Creek are waters of
the State within the meaning of G.S. 143-215.77(18) and G.S. 143-212(6).
C A discharge, within the meaning of G.S. 143-215.77(4), of diesel fuel,
within the meaning of G.S. 143-215.77(8), into waters of the State on or
about April, 17, 2003, is a violation of G.S. 143-215.83.
D. The failure of Houser Farm. Inc.. to immediately collect and remove all of
the discharged oil and to restore the area affected to its pre -spill condition
is a violation of 143-215.84.
E. The failure of Houser Farm, Inc., as a person owning or having control
over oil discharged without a proper permit within the meaning of G.S.
143-215.84, to immediately notify the Department of Environment and
Natutal Resources is a violation of G.S. 143-215.85.
F. The Supervisor of the Non -Discharge Compliance and Enforcement Unit,
Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources and
the Director of the Division of Water Quality, has the authority to assess
civil penalties.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. Decision
In determining the amount of the penalties, I have taken into account the Findings
of Fact and Conclusions of Law and have considered each and every factor set out
in G.S. 143B-282.1.

Accordingly, Houser farms, Inc., is hereby assessed a civil penalty of:
$ for one (1) violation of G.S. 143-215.83, for
discharging, or causing to be discharged, oil or other
hazardous substance into or upon the waters or lands within
the State, regardless of the fault of the person having
control over the oil or other hazardous substance, or,
regardless of whether the discharge was the result of
intentional or negligent conduct, accident, or other cause.
$ for one (1) violation of G.S. 143-215.84, for
failing to immediately collect and remove the discharged-
oil
ischargedoil and to restore the area affected by the discharge to the
condition existing prior to the discharge.
$ for one (1) violation of G.S. 143-215.85, for
failing to immediately notify DENR of the nature, location,
and time of the discharge, and of the measures which are
being taken to contain and remove the discharge.
$ 305.38 Enforcement Costs.
$ TOTAL CIVIL PENALTY
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered
the factors set out in G.S. 14313-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to thepublic
health, or to private property resulting from the violations;
(2) The duration and gravity of the violations;
(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 violations were 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.
Date
Jeffrey O. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
Division of Water Quality

DIVISION OF WATER QUALITY
ENFORCEMENT CASE ASSESSMENT FACTORS
Type: Oil and Chemical Violations (OC)
Violator: Houser Farms, Inc.
Address: Post Office Box 215
Hiddenite, North Carolina 28636
Responsible Official: Mr. Timothy Carrol Houser, President
Address: Post Office Box 215
Hiddenite, North Carolina 28636
Facility: Houser Farms, Inc.
Regional Office: Mooresville
The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violations:
The discharge caused the closing of a water treatment plant owned by Energy United,
located on the South Yadkin River approximately one and one half mile downstream of
Houser Farms, Inc. Approximately 10,000 people in Alexander County were without
water service for 3 days. No harm to the environment was observed/documented.
2. The duration and gravity of the violations:
On April 16, 2003, Mr. Tim Houser, owner of Houser Farms, Inc., connected a 2" PVC
pipe from a spring -head to a recently purchased 20,000 gallon tank (formerly an
underground storage tank) to flush the tank and use it for water storage for his swimming
pool services. Alexander County Emergency Management personnel found the discharge
around noon on April 17, 2003 after receiving a complaint from a water treatment plant
owned by Energy United located downstream from Houser Farms.
The effect on ground or surface water quantity or quality or on air quality:
Approximately 3.67 tons of contaminated soil from Houser Farms and approximately
19, 500 gallons of contaminated water were removed from the tank for proper disposal.
Minimal impact to the stream was observed (see 1 above). No air quality or ground water
concerns and no adverse impacts to the aquatic environment were documented.
4. The cost of rectifying the damage:
According to STAT, Inc., the clean-up contractor, Houser Farms, Inc., spent between
$8,500 and $9,000.00 for the cleanup activities.
The amount of money saved by noncompliance:

R
7
E
lh7
Unknown.
Whether the violations were committed willfully or intentionally:
There is no evidence to suggest that the violations were committed intentionally;
however, it is the opinion of DWQ/MRO that Mr. Tim Houser, owner of Houser Farms,
Inc., may have been negligent.
The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority:
Houser Farms, Inc., does not have a prior record of noncompliance.
The cost to the State of the enforcement procedures:
Central Office review and processing = $100.00
10 hours by investigator for investigating and
drafting report @ $25.07/hour = $150.42
1.0 hour for supervisory review @ $39.96/hour = $ 39.96
1.0 hour for clerical support @ $15.00/hour = $ 15.00
TOTAL = $305.38
Type of violator and general nature of business (i.e. individual vs. large corporation):
Houser Farms, Inc., raises chickens. Mr. Tim Houser also operates a swimming pool
filling business.
Violator's degree of cooperation (including efforts to prevent or restore) or recalcitrance:
Mr. Houser, was very cooperative with the investigator. STAT, Inc, was contacted by
Mr. Houser on April 17, 2003. The clean-up was initiated on April, 18, 2003.
Mitigating Circumstances:
Mr. Houser bought the tank thinking that it was empty. Attached is a letter from Mr.
James Haynes, the previous owner of the tank, stating that he used the tank to store diesel
fuel for his tractor, and to the best of his knowledge the tank was empty when he sold it to
Mr. Houser.
12. Assessment Factors:
a. IWC: N/A
b. Receiving Stream: unnamed tributary to the Wallace Creek
c. Damage: Contaminated soil and water

CERTIFICATION PAGE
I certify that the information in this report is true to the best of my knowledge.
All violations of self-monitoring data (if applicable) have been verified by hard
copy review of the monthly reports and the appropriate permit.
Signature of Principle Investi ato s):
✓��.'�
r rE) �-
Samar Bou-GhazalVEnvironmental ENG. I
Date; 7- j zl3

�0, wArFgp
�0 G Michael F. Easley, Governor
rWMarrn G. Ross. Jr.,Secretary
> -i North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
DIVISION OF WATER QUALITY
April 23, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Tim Houser, Owner
Houser Farms, Inc.
P.O. Box 215
Hiddenite, N.C. 28636
Subject: Notice of Violation and Notice
of Recommendation For Enforcement
NCGS 143-215.1(a)- Water Quality
Standard and Creating an Outlet
NCGS 143-215.75 Oil Pollution
and Hazardous Substance Control Act
Houser Farms, Inc.
Alexander County, N.C.
Dear Mr. Houser:
On April 17, 2003, Mr. Samar Bou-Ghazale of this Office conducted an
investigation of an alleged illegal discharge of oil at the subject facility. During the
investigation, it was learned that diesel fuel was discharged from a fuel tank that you own
into an unnamed to-Wtary to South Yadkin River (see attached inspection report). The
discharge of wastewater (creating of an outlet) without a permit is a violation of NCGS
143-215.1(a)(1). The discharge of oil into the waters of the State that resulted in a
violation of the water quality standards is a violation of NCGS 143-215.1(a)(6). Also,
the discharge of oil onto Land and waters of the State is a violation of NCGS -143-
215.83(a) (Oil Pollution and Hazardous Substances Control Act of 1978).
To comply with the General Statutes, it will be necessary to immediately
discontinue all wastewater discharges. A permit for the construction and operation of
adequate wastewater treatment facilities and for the creation of an outlet to lands or
waters of the State, for the disposal of wastewater, must be obtained if the discharge is to
continue. Furthermore, the failure to immediately notify this department of the oil
discharges and to immediately undertake to collect and remove the discharges of oil are
violations of NCGS 143-215.85 and 143-215.84(a), respectively.
Mooresville Regional Office, 919 North Malin street, Mooresville, NC 28115
PHONE [phone]
Fa`„ r dN 991_Fndn
Customer Service
f 011A G9']_77A0

Houser Farms, Inc.
April 23, 2003
Page 2
Pursuant to NCGS 143-215.6A, penalties of up to $25,000.00 per day per
violation may be assessed against any person who violates NCGS 143-215.1. Pursuant to
NCGS 43-215.88(A), penalties of up to $5,000.00 per day per violation may be assessed
against any person who discharges oii, who fails to report such discharges, or who fails to
immediately clean up the discharged oil.
It is requested that a written response be submitted to this Office by no later than
May 9, 2003 explaining action taken to eliminate all discharges, including action taken to
restore areas affected by the oily discharges. The response should also indicate the
disposal location of the tank and any contaminated soil removed from the site. Your
explanation will be reviewed and if an enforcement action is still deemed appropriate
your explanation will be forwarded to the Director with the enforcement package for his
consideration. Please address your response to Mr. Bou-Ghazale at the address shown
below.
If you have any questions concerning this matter, please do not hesitate to contact
Mr. Samar Bou-Ghazale or me at [phone].
Sincerely,
, Z), /?, /- 4 , ,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
cc: Alexander County Health Department
Steve Bograd, UST Section (MRO)
Britt Setzer, Public Water Supply (MRO)
SBG

NORTH CAROLINA DEPARTMENT OF ENN2RONMENT,
AND NATURAL RESOURCES
WATER QUALIFY
919 NORTH MAIN STREET
MOORESVILLE, NORTH CAROL.TNr 2811_5
REPORT OF: Complaint Investigation
PLACE VISITED: Houser Farms, Inc
Date: April 17, 2003
ADDRESS: 1B2 Houser Farm Rd. Hiddenite, Ncrt*" Carolina 28636
RIVER BASIN: Yadkin
BY WHOM: Samar Bou-Ghazale 5Z6
TIME SPENT: 4 hrs
PERSONS CONTACTED: Mr. Tim Houser
REASON FOR VISIT: Investigation of ci=esea fuel spill into the
South Yadkin River.
COPIES TO: Alexander County Health Department
REPORT:
In response to the above referenced c_i spill complaint
received on April 17, 2003 from the Public Water Supply Section
in the Mooresville Regional Office (DGO), an investigation was
immediately conducted by Mr. Samar Boa:-Gha-zaae of this Office.
The investigation revealed that Mr. Excuser, owner of Houser
Farms, Inc., recently bought a 10,000 gallon underground storage
tank and installed it at his property in order to use it as a
water reservoir. He connected a 2" PVC pine from a spring -head
to this tank in order to flush out the tares. The tank overflowed
with the spring water/diesel fuel mixture _rata a tributary that
flowed into the South Yadkin River. The discharge flowed
approximately 2.5 miles downstream to are &nergy United grater
treatment plant in Stoney point. Alexander County Emergency
Management personel placed absorbent hocsrs and pads above the WTP
intake and at the Houser Farms, Inc. site. The 2" PVC pipe was
also removed from the tank and the discharce ceased. Mr. Houser
was informed by the investigator to properly dispose of the
contaminated soil. The discharge caused the closing of the water
treatment plant, which was temporare_y cue `3 tie
spillage of oil. According to Britt Setter, wi_h the Public

water Supply Section in MRO, approximately 10,000 people in
Alexander County were without drinking water for 3 days.

STA 1 Inc.
May X. 2003
Mr Samar Bou-Givimle
NCDF,NR
Mooresville Rckionvl Orrice
919 N, Main Strcct
Mooresville. NC 28115
Reference- NOV Tint Houscr dated April 23, 2(1(13
Mr. l3uu-Gh;tralc:
In reference to the NOV to Mr. Ilooer, 1 would like to provide the following information
The romainin,nted .soil has been removed wid tra,tsponed to tnvirorunenial Soils, and samples
ha --c llecu taken to Prism Labs Rcsulis snow levels below Slate Action Levels,
The water iii the caul( was pumped and transported to Phillips Services, in Charlotte. NC: for
disposal per NC guidelines The mak will he cleaned today aitd taken to rututher locatioli
1 will have a report for your office in dic near fi,tttre outlining tate details of our cWui-up actions
ll'you h,ive Any questions, please do ool hesitate 10 Call nIc (ii! 1-HOO-627.1451.
an1kk1t,
Presid
Yost Ogee Box #1443 Lenoir, NC 28645 • Tel [phone] Fax [phone]
9zaco £aoz'ec'x��
100/T00'd 990£#

"CuUtmerSen4ce
it ow Speciufi3•"
7 74�; 4/
S
NC DEPT. OF EWROROW
�OAND
NATURAL
A!CRL RESOURCES
k7VAL OFF10E
JUL 17 2003
WATER MIAUTYSECVO*

INFORMATION FOR PETROLEUM RELEASE
Houser Farms
182 Houser Farm Road
Hiddenite, North Carolina 28636
Prepared for
STAT, Inc.
3062 Eli Lane
Hudson, North Carolina 28638
8281396-2304
Information•
Improper use of Storage Tank
Latitude/Longitude of Site:
N350 55.214/W081 ° 05.276
May 27, 2003
IBS Environmental Services
P.Q. Box 1263
Lenoir, North Carolina 28645
8281396-4319
'JUN 1 3 2005
I•:
David L. Haynes, REM
No. 10904

EXECUTIVE SUMMARY
SOURCE INFORMATION
STAT, Inc. was contracted by Mr. Tim Houser of Houser Farms to remediate and dispose of
contaminated soils and water from in and around an approximate 20,000 gallon tank that was to
have been used to collect water for filling swimming pools and to supply water for Mr. Houser's
garden.
The cause of the release was due to not cleaning the tank before it was to be placed into service.
The tank was placed so as to collect water from a wet weather spring. Once the tank was in place
the water began to collect and the residue began to loosen and float to the top of the tank and then
out the spillway.
The residue began to collect around the tank and continue to migrate down an unnamed tributary
to Wallace creek that feeds the Alexander County waster supply. Local residents contacted the
water department that the water smelled of diesel fuel. Alexander county water department began
to locate the source of the contamination. Once the contamination was identified then Mr. Houser
was confronted about the release and advised to begin processes to remediate the contamination.
The Mooresville Regional Office for surface water was contacted by the Alexander County Water
Department about the release and was informed about the remediation process.
Approximately 3.67 tons of soil was excavated from the site and was taken to Soil Solutions in
Lattimore, NC for disposal. Approximately 19,500 gallons of contaminated water was collected
and disposed of at Phillips Environmental. The booms and dikes used to collect the residual
contaminated water were taken to STAT, Inc. for disposal. The tanks were cleaned and left on
site for proper disposal.

TABLE OF CONTENTS
1.0 SITE HISTORY AND SOURCE CHARACTERIZATION...............................................................1
2.0 RECEPTOR INFORMATION............................................................................................................1
3.0 SITE GEOLOGY AND HYDROGEOLOGY....................................................................................1
4.0 SOIL SAMPLING RESULTS.............................................................................................................2
5.0 CONCLUSIONS or RECOMMENDATIONS..................................................................... ..3
6.0 SIGNATURE AND SEAL OF CERTIFYING ENVIRONMENTAL CONSULTANT...............4
FIGURES
Figure 1; Vicinity Map
Figure 2: Base Map and Sample Locations
APPENDICES
Appendix A: Standards and Procedures
Appendix B: Laboratory Reports
Appendix C: Disposal Manifests

1.0 SITE HISTORY AND SOURCE CHARACTERIZATION
The site is located in Alexander County. The site is approximately 100 acres located west of the
Town of Hiddenite. It is bounded by a commercial facility on the Northwest side of the site. Two single-
family homes are located on the north and west sides of the site. The remainder of the site is rural
residential.
2.0 RECEPTOR INFORMATION
The general area surrounding the site is rural residential. There are several homes within a 1,500 -
foot radius of the property with in -use drinking water wells. The surrounding area is also supplied with
water provided by Alexander County Water Department.
The site is in the Foothill section of North Carolina, approximately 160 miles from the Coastal
Plain physiographic region.
There are storm -water culverts, a sanitary sewerage system, and a wet weather spring
serving the area. These are all located relatively shallow. The storm -water flows to a small
tributary and then to a much larger tributary known as Wallace Creek. The flow appears to be
from Northwest to Southeast.
3.0 SITE GEOLOGY AND HYDROGEOLOGY
The map unit for this site consists of two distinct series of soils, The Pacolet Series and The Rion
Series. The Pacolet Series consists of very deep, well drained, soils that formed in material weathered
from gneiss or schist on ridge tops and side slopes in the piedmont. Pacolet soils are commonly adjacent
to Cecil, Rion, Bethlehem, Masada, Chewacla and Riverview soils. Typical pedon of Pacolet sandy loam
is located in the forested areas in the southeastern areas of the county. The Rion series consists of very
deep, well -drained soils that formed in material weathered from gneiss or schist on ridge tops and side
slopes in the Piedmont. They have predominantly clayey subsoil and have soft bedrock at a depth of 20 to
40 inches. The typical pedon of Rion sandy loam is located in the forested areas in the northeastern part of
the county. The solum for both Series of soils 20 to 40 inches thick. The depth to bedrock is more than 60
inches. The content of coarse fragments, by volume, ranges from 0 to 15 percent throughout the profile.
Reaction is very strongly acid to moderately acid, except where the surface layer has been limed. The
number of mica flakes is listed as few or common throughout the solum.

The limitations for permanent structure or other development are due to the high water table, the
settling of filled areas, and the sediment damage to streams from erosion of the fill material. Also,
flooding is a hazard along Wallace Creek. When natural flood plains are filled, the normal flow of
floodwater is constricted and often rises to the flood level in the area immediately upstream. The
topographic gradient at the target property runs general northwest to southeast.
4.0 SOIL SAMPLING RESULTS
All samples collected were found to be less than 40 mg/kg for TPH 3550. As per inquires to
Mooresville Regional Office.
Constituents of sampling and Potentially Applicable Action Levels
Soil (mglkg)
Results (mglkg)
Category
Constituent
Sample
Potentially -Applicable
Maximum
Action required for contamination above
Identification
Action Level
Concentration above
Action Level
Action Level
TPH 13550)
Total petroleum
01
40
< 10 MGIKG
NONE
hydrocarbon
TPH (3550)
Total petroleum 1
02
40
< 10 MG/KG
NONE
hydrocarbon
TPH (3550)
Total petroleum
Block not
40
Block not used
NONE
hydrocarbon
used
TPH (3550)
Total petroleum
Block not
40
Block not used
NONE
hydrocarbon
used
TPH (3550)
Total petroleum
Block not
40
Block not used
NONE
hydrocarbon
used
TPH (3550}
Total petroleum
Block not
40
Block not used
NONE
hydrocarbon
used
TPH (3550)
Total petroleum
Block not
40
Block not used
NONE
hydrocarbon
used
TPH (3550)
Total petroleum
Block not
40
Block not used
NONE
hydrocarbon
used
TPH MR
Total petroleum
Block not
40
Block not used
NONE
hydrocarbon
used

5.0 CONCLUSIONS OR RECOMMENDATIONS
• Clean and remove tank.
• Remediate contaminated soil to less than 40 mg/kg
• Environmental regulations require that the DENR Mooresville Regional Office be notified
that a release has occurred, and how the soil contamination above the action levels of 40
mg/kg will be remediated. (If any)
CONCLUSIONS
• Tank has been properly removed and disposed.
• Soil has been remediated to below 40mg/kg.
• Contaminated soil has been properly disposed.
• Contaminated water has been collected and properly disposed.
• All absorbent materials have been collected and properly disposed.