820679_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Quality
Beverly Eaves Perdue
Governor
Roy Young
Young Ntirsery #1 & #2
304 Taylor Creek Rd
Teachey, NC 28464
N'A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
July 31, 2009
RECEIVED
AUG 05 2009
OENR-FAY£Tl'PJ1LLE REGIONAL OFACE
-·-
Subject: Application for Renewal of Coverage for Expiring State General Permit
Dear Permittee:
Dee Freeman
Secretary
This is a follow-up to our March 3, 2009 letter requesting an application from your facility for the continued coverage under one of the
Animal Waste Operation State Non-Discharge General Permits. Current General Permits expire on September 30,2009. Copies of the
new General Permits are available at http://h2o.enr.state.nc.us/aps/afou!applications.htm or by writing or calling:
NCDENR-DWQ Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
Telephone number: [phone]
In order to assure your continued coverage under the State Non-Discharge General Permits. vou must submit an application for permit
coverage to the Division. Enclosed you will find a 'Request for Certificate of Coverage Facility Currently Covered by an Expiring
State Non-Discharge General Permit.' The application form must be completed and returned by September 3, 2009. Please note, you
must include two {2) copies of your most recent Waste Utilization Plan with the application form.
Failure to request renewal of your coverage under a general permit within the time period specified may result in a civil penalty.
Operation of your facility without coverage under a valid general permit would constitute a violation ofNCGS 143-215.1 and could
result in assessments of civil penalties of up to $25,000 per day.
If you have any questions about the State Non-Discharge General Permits, the enclosed application. or any related matter please feel
free to contact the Animal Feeding Operations Unit staff at 919-733-3221. ·
Sincerely,
VL~hl;---'
Enclosures
Ted L. Bush, Jr., Chi ef
Aquifer Protection Section
cc (w/o enclosures): Sampson County Soil and Water Conservation District
Fayetteville Regional Office, Aquifer Protection Section
AFO Unit Central Files "l820679 J
Murphy Family Farms··
AQUIFER PROTECTION SECTION
1636 Mail Service Center. Raleigh. North Carolina 27699-163 6
Location: 2728 Capital Boulevard . Raleigh. North Carolina 27604
Phone: [phone] \FAX 1: 919-715-{)588; FAX 2: 919 -715-6048 I Customer Serv1ce : 1-877-623-6748
Internet www.ncwaterouallty.orn
An Equal OppOrtun ity \ Affirm ative Action Employer
Dne C 1. North aro 1na
!Vatu rally
Beverly Eaves Perdue
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Young, Roy
Young Nursery #1 & #2
304 Taylor Creek Rd
Teachey, NC 28464
Dear Permittee,
Director
June 28,2010 •· .. r ,'"' . ' ... 1'-..,..L.
Subject: Notice of Violation
Young Nursery #1 & #2
Permit Number A WS820679
Sampson County
Secretary
As of this date, our records indicate that the above-referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to
pay the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The following invoices are outstanding:
Invoice Number Invoice Date I Due Date Outstanding Fee($)
2008PR006399 7/10/2008 I 8/9/2008 180.00
Please be reminded that the tllble 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 ofG.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice ofViolation.
Please remit the payment, made payable to the North Carolina Department of Environment and
Natural Resources (NCDENR), in the above arimunt. Please include Permit Number on your check and
mail this payment to:
Division of Water Qualit)'-Budget Office
Attn: Fran McPherson
153€ Mail Serv1ce Center. RaleiCn , Nonh Carolina 27699-1636
Location: 2728 Cao11al Blvd. r<.aie10n. Nortn Caroiina 27604
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: 919-733·322; I FA.>':: 919-715·0585 I Customer ServiCE 1-877.{)23-6748
i me met: WIWI.ncwaterouality org
.;n Eoual (;poon:mity \ Afhrrnauv:: .!_c11on =mnioy~r
One .
NorthCarol1na
J\Jatural!y
If you have any questions concerning this Notice, please contact J. R. Joshi at (919) 71 S-6698 or
at jaya.j oshi@ncdenr .gov.
cc: Fliymeville=Regional Office, Aquifer Protection Section
APS Central File (Permit No A WS820679)
Sincerely,
Keith Larick, Supervisor
Animal Feeding Operation Unit
North Carolina Department of Environment and Naturai Resou;ces
Division of Wa ter Ou31iiy
B:wer:y Eaves Perdu8
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Young, Roy
Coie en i-l . Sullins
Director
December 10.2010
RECEIVED
DEC 1 4 2010 .
De2 Freema n
Young Nursery #1 & #2
304 Taylors Creek Rd
Teachey. NC 28464
DENR -FAYETTEVILLE REGIONAl OFACE
Subject:
Dear Permittee,
Notice of Violation
ruung Nursery #1 & #]
Permit Number A WSS20679
Sampson County
As of this date, our records indicate that the above-referenced penn it issued to your facility has
overdue fees . lt i s both a condition of your permit and required by Rul e 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 Nurnher Invoice Date Due Date Outstandin!! Fee ($)
201 OPR005237 5/14/2010 6113/2010 180
Please be remitJded that the table above covers otJiy the most recent im•oice seut to you. Piea.'ie
alsn include payments for invoices sent in the previous years for which the anzmal 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
recomme ndation of enforcement action. to the Director of th e Division of Water Quality who may issue a
civil penalty assessment of not more that twenty-five thousand (S25.000) dollars against any .. person'·
who violates or fail s to act in accordance with the tenus, condit ions. o r requirements of a pennit under
authority of G .S . 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested
within thiny (30) days of this Norice of Violation.
Please rem it the payment. made pay able to the North C a rolina Department of Environment and
Natural Resources (NCDENR). in the above amount. Please include P ermit Number on your check and
mail this payment to:
Di"ision of Water Qualif)'-Budget Office
Attn: Fran McPherson
1 S3~-t-~.3 ~~ S~rv1ce Cc!l~~~-Ka~~r:. N::i!:-: Ca ioiin:: .~tt:e::. i~35
:..o:a'tt'·i . 272~ ~-a:)r~: :S 1~·t .. r.:a~~(;il . NO~'l C 2rtrrtilC 27 5ll~
1617 Mail Service Center
Raleigh,NC 27699-1617
Phone: [phone]
P nc;:·-~ 9':~-:·:s :2~~ •. 7:. ·;-: S1~J.i::~-!;:.0£'B . :us:c ;n~~ 5~i':::~: ~---577 -623-Gi4£
-Cm~rd.-
If you have any questions concerning this Notice, please contact J . R . Joshi at (919 ) 715-6 698 o r
at [e-mail].
c~~l Office. Aquifer Protection Section
APS Central File (Permit No A WS820679)
Sincerel y,
Keith Larick, Supervisor
Animal Feeding Operation Uni t
AVA
NCDEHR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
CST 0 3 2011
ow a
Beverly Eaves Perdue
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Young, Roy
Young Nursery# 1 & #2
304 Taylors Creek Rd
Teachey, NC 28464
Dear Permittee,
Coleen H. Sullins
Director
September 29,2011
Subject: Notice of Violation
Yo~mg Nursery #1 & #2
Permit Number A WS820679
Sampson County
Dee Freeman
Secretary
As of this date, our records indicate that the above-referenced permit issued to your facility bas
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 ($)
2010PR005237 5/14/2010 6/13/2010 180
20 II PR003 788 5/3/2011 6/2/2011 180
2008PR006399 7110/2008 8/912008 180
Please include payment for all your current and prior invoices for 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
1636 Mail Service Center. Raleigh, North Carolina 27699-1636
Location : 2728 Capital Blvd .. Raleigh, North Carolina 27604
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: [phone]
Phone: 919.733·3221 I FAX: [phone] I CustomerSeNice: 1-877-il23-6748
·Internet: www .ncwaterqualrty.org
An Equal Opportunity I Affirmative Actloo Employer
-contd-
N~ithCarolina
JVaturall!f
Failure to pay the fee accordingly inay 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. l43-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice of Violation.
If you have any questions concerning this Notice, please contact J. R. Joshi at [phone] or
at [e-mail].
cc: Fayetteville Regional Office, Aquifer Protection Section
APS Central File (Permit No A WS820679)
Sincerely,
Keith Larick, Supervisor
Animal Feeding Operation Unit
Pat McCrory
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Roy Young
Young Nursery# l & #2
304 Taylors Creek Rd
Teachey, NC28464-8464
Dear Permittee,
January 27, 2015
Subject: Notice of Deficiency
Young Nursery #1 & #2 ·
Permit Number: AWS820679
Sampson County
RECEIVEDIDENRIDWR
Water Quality Regional
FtS 1 2· tU15
-Orlerations Section
Fayettevma Restona1 Office
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 bill ed by the Division of
Water Resources (Division).
The fall owmg mvo1ces are out stan mg :
Invoice Number Due Date Outstandin_g FeeJS)
20 13PR004419 61612013 180
Failure to pay the fee accordingly may result in the Division in itiating 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 c ivil penalty assessment of not more that twenty-five thousa nd ($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: [phone]
1636 Mail Service Center, Ral eigh, North Carolina 27699-1636
Phon e: 919--807-6464\ Intern et: http://www .ncwater.org
An Equ al Opportunity I Aff1rmative Ac ti on Employer -Made in part by recyc led paper
-contd.-
' \
If you have any questions concerning this Notice, please contact the Animal Feeding Operations
Branch staff at [phone].
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 A WS820679)
Pat McCrory
Governor
Donald R. van der Vaart
Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Roy Young
Young Nursery# 1 & #2
304 Taylors Creek Rd
Teachey, NC28464-8464
April15,2015 RECEIVED
APR 1'' 7 2015
DENR -FAYETTEV1LLE REGIONAL OFACE
Subject: Notice of Violation/Notice of Intent to Enforce
Young Nursery #1 & #2
Permit Number: A WS820679
Sampson County
Dear Permittee,
You are hereby notified that, having bee n permitted to have an animal waste management s ystem
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 foil owmg mv01ces are outstan m g:
Invoice Number Due Date Outstanding Fee($)
2013PR004419 6/6/2013 180
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 (3 0) days of this Notice of Violation. The Division has the authority to levy a civil penalty of not
more th J n S25,000 per d:1y per \·iolation against any "person .. who viobtcs or fail s to a.:t in a.:corJan..:c
with the terms, conditions, or requirements of a permit under authority of G.S. l43-215.6A. Therefore, it
is imperative that you submit the appropriate fee as requested within thirty (30) days of this Notice of
Violatio n.
Please remit the payment, made payable to the North Carolina Department of Environment and
Natural Resources (NCDENR), in the above amount. Please include Permil Numbe r 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: [phone]
1636 Mail Service Center, Raleigh , North Carolina 27699 -1 636
Phone: [phone]\ Internet http :l/www.ncwater.org
An Eq ual Opportunity I Affirmative Action Employer -Made in part by recycled paper
-cotttd.-
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 [phone].
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. A WS820679)
RECEIVED
DEQ/DWR
PAT MCCRORY
MAY 0 9 2016 Gov~rnor
DONALD R. VANDER VAART
Secrerary
Water Resources
ENVIRONMENTAL QUALITY
WQROS
FAYEITEVIllE REGIONAl OFFICE S. JAY ZIMMERMAN
May 5, 2016
CERTIFIED MAIL-#7015 1520 0000 7838 3934
RETURN RECEIPT REQUESTED
Roy Young
Young Nursery # 1 & #2
304 Taylors Creek Rd
Teachey, NC28464-8464
Dear Roy Young:
SUBJECT: Request for Payment of Civil Penalty
.Enforcement File No. PC-2016-0021
Sampson County
Direclor
On March 9, 2016, the Director of Division of Water Resources (DWR) assessed a civil penalty against
you in the amount of$206.00, including $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 ~he 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 recove r the amount of
the assessment. The Division has the certified mail green card that shows you received the Final Agency
Decision on March 14, 2016.
This letter serves as final notice that the Division will proceed to refer your cas e 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. Ga ro ma a t (919) 807 -6340 or Debra Watts at
[phone] .
\
Sincerely,
~
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-2016-0021
WQROS Central Files (A WS820679)
State of North Caroli na I Envirorune ntal Qualily I Wa ter Resources• Water Quality Re!!ional Operations
1636 Ma il setvice Center I Rale igh, Nonb Caro li na 27699 -1636
9 19 807 6464
,, .. ·~
-a
PAT MCCRORY
DONALD R. VAN DER VAART
Secr etary
Water Resources
ENVIRONMENTAL QUALITY
S. JAY ZIMMERMAN
March 9 , 2016
·cERTIFIED MAIL-#7015 1520 0000 7838 2326
RETURN RECEIPT REQUESTED
Roy Young ·
Young Nursery# 1 & #2
304 Taylors Creek Rd
Teachey, NC28464-8464
Dear Roy Young:
SUBJECT: Assessment of Civil Penalties for Violation(s) of
15A NCAC 2T .0105(e)(2)
Farm# 82-0679
Sampson County
Enforceme nt File No . PC-2016-0021
Director
T his letter transmits notice of a civil penalty assessed agains t Roy Yo ung in the amount of $90.00 , and
$116.00 in investigative costs, for a total of $206.00. This penalt y amount is in addition to the o verdue
annual administering and compliance fees owed to the Division of Water R esources (DWR) in the amo unt
of$360.00. Attached is a copy of the assessment document explaining this penalty .
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment Quality. Any continuing violation(s) ma y b e the subject of a new enforce m ent
action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the follo w ing:
1. Submit payment of tbe penalty:
Payment should be made directly to the orde r of the Departme nt 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). Ple as e submit payment to the attention of:
M iressa Garoma
Water Qualit y Re gional Operations Section
Division of Water Re sources
16 36 Ma il Servic e Center
Ra leig h , N o rth Ca rolina 27699-1636
State of No rth Carolina 1 Enviro nmental Quality I Water Reso un:es
Wate r Quality Regio nal Operations Sectio n
l 6J6 Mail service Center 1 Raleig h, No rth Caroli na 2 7 6'1'1-lti .~o
9 19 807 6464
Assessment of civil penalty
Roy Young
Enforcement # PC-20 16-0021
Page 2 of4
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 c ivil 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:
(!)whether one or more of the civil penalty assessment factors in NCGS 143B-282 .l(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 viol a tions: 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 prov ide details regarding
the case s tatus, directions for payment , and provision for further appeal of the penalty to the
Environmental Management Commission's Comlnittee 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.
ln order to request remission, you must complete and submit the enclosed "Request for Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30)
days of receipt of this notice. The Division of Water Resources also requests that you complete and submit
the enclosed "Justification for Remission Request." Both forms should be submitted to the following
address:
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
3. File a petition for an administrath•e hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.
,...
•
....
Assessment of civil penalty
Roy Young
Enforcement# PC-2016-0021
Page 3 of4
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 nonnal office hours. The Office of Administrative Hearings accepts filings Monday through Friday
between the hours of 8:00 a.m. ·and 5:00 p.m., except for official state holidays. The petition may be filed
by facsimile (fax) or electronic mail by an attached file (with restrictions) -provided the signed original,
one (1) copy and a filing fee (if a filing fee is required by NCGS §1508-23.2) is received in the Office of
Administrative Hearings within seven (7) business days following the faxed or electronic transmission.
You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or
the details of the filing process. The mailing address and telephone and fax numbers for the Office of
Adrrunistrative Hearings are as follow~:
Office of Administrative Hearings
6 714 Mail Service Center -
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (l) copy of the petition must also be served on DEQ as follows:
Sam M. Hayes, General Counsel
DEQ
160 1 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action.
Payment of Overdue Fees
(] ::1 v' ·-:;: 1 : J • .;_:; .
In addition to the civil penalty am~~~~~~~~~e;~~trove, you are still responsible for paying the overdue
administering and compliance fees owed 'to· the DWR regardless of which option yo u chose from
above. According to our records, you owe the fo ll owing overdue administering and compliance fees to
date:
Invoice Number Due Date Outstanding Fee($)
2013PR004419 · .• •t !-.1 .•• ,,.
.-\.);;:.)'6{6/2013
'f ..... ,'"': f • ... I • • o ··~ ._
180
20 I 5PR004809 '6/4/2015 .. ' •. 180
Please remit payment made payable to the North Carolina Department of Environmental Quality in the
amount of $360.00. Please mail this payment in a separate check to:
Division of Water Resources
Budget Office
Attn : Teresa Revis
161 7 Mail Service Center
Raleigh, NC 27699-1617
Assessment of civil penalty
Roy Young
Enforcement# PC-20 16-0021
Page 4 of4
Failure to pay these overdue administering and compliance fees within thirty (30) days of receipt of this
letter will result additional civil penalties for continuing violations. Each day of a continuing violation may
be considered a separate violation subject to a $25,000.00 per violation per day penalty.
Please be advised that additional penalties may be assessed for violations that occur after the review period
of this assessment. If you have any questions, please contact Miressa D. Garoma at [phone].
Sincerely,
ATTACHMENTS
cc: Belinda Henson, Fayetteville WQROS Regional Supervisor w/ attachments
File# PC-2016-0021 w/ attachments
WQR.OS Central Files w/ attachments
Sampson Count y Health Department
RECEIVED
DEQ/DWR
MAR 1 5 20\6
WOROS
FAYETTEVILLE REGIONAL OFFICE
, .• -
STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF
ROY YOUNG
FOR VIOLATIONS OF AN£MAL
WASTE MANAGEMENT SYSTEM
GENERAL PERMIT AWG 100000
AND 15ANCAC 2T .0105(e)(2)
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
)
)
)
)
)
)
)
)
FILE NO. PC-2016-0021
FINDING AND DECISION
AND ASSESSMENT OF
CIVIL PENAL TIES
Acting pursuant to delegation pr~vided by the Secretary of the Department of Environmental Quality
and the Director of the Division of Water Resources (DWR), I, Jon Risgaard, Chief of the Water Quality
Regional Operations Section of the DWR, make the following:
I. FINDINGS OFF ACT:
A. Roy Young owns and operates Young Nursery #1 & #2 , a swine artimal feeding operation in
Sampson County. ·
B. Roy Young was issued Certificate of Coverage -A WS8206 79 under General Permit
AWGlOOOOO for Young Nursery #1 & #2 on October 1, 2014, effective upon issuance, with
an expiration date of September 30, 2019.
C . 15A NCAC 2T .0105(eX2) 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 pennit that has not been rescinded or revoked by the Division. Permittees shall be
billed annually by the Division."
D . The following table provides a history of unpaid invoices sent by DWR Budget Office to Roy
Young for the annual administering and compliance fees of said Permit:
Invoice Number Due Date Outstanding Fee($)'
2013PR004419 6/6/2013 180
20 15PR004809 6/4/2015 180
E . On April 15 , 2015 , a Notice of Violation (NOV)/ Notice of Intent to Enforce (NO I) was issued
to Roy Young, 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.
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 Roy Young is a "person" within the meaning of N.C.G.S. 143-215.6A pursuant to N.C.G.S.
143-212(4).
B. Roy Young 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.l(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, Roy Young is hereby assessed a civil penalty of:
$
<0'0"" $_--'/'--=-'--
$116.00
$ .20b.OU
For the violation of 15A NCAC 2T .0105(e)(2) by failing to pay the annual
administering and compliance fee for 2013.
TOTAL CIVIL PENALTY which is __ percent of the maximum penalty
authorized by N.C.G.S. 143-215.6A.
Enforcement costs
TOTAL AMOUNT DUE
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 ofLaw and the factors set forth at N.C .G.S. 143B-282.1(b),
which are:
,-
'·
( l) 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 conunitted willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Man~gement Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring
after the assessment period indicated above. Each day of a continuing violation may be considered a separate
violation subject to a maximum $25,000.00 per day penalty. Civil penalties and investigative cost may be
assessed for any other rules and statutes for which penalties have not yet been assessed.
V. TRANSMIITAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Roy Young, in
accordance with N.C.G.S. 143-2l5.6(A)(d).
3/&f (t6
(Date)
Violator:
County:
Case Number:
Permit Number:
DIVISION OF WATER RESOURCES
CIVIL PENALTY ASSESSMENT FACTORS
RovYoung
Sampson
PC-2016-0021
AWS820679
ASSESSMENT FACTORS
1) The degree aod extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
None.
2) The duration and gravity of the violation;
3)
To date, the pemzittees has failed to pay the following overdue annual adminisiering and
compliance fees:
Invoice Number Due Date Outstanding Fee ($)
2013PR0044/9 "61612013 180
2015PR004809 6/4/2015 180
The effect on ground or surface water quantity or quality or on air quality;
Un~own .
-Jl.,.t.~ ~u-Jt.,.,.,J c.,....
f'--1 ~(I '-fvolr t.,,.>
\.c~ ..... ~-+.
4) The cost of rectifying the damage;
The total overdue annual administering and compliance fees are $360.00.
. S) The amount of money saved by noncompliance;
By not paying the annual administering and compliance fees, the permittees saved a total of $360.00.
6) · Whether the violation was committed willfully or intentionally;
The circumstances that resulted in the failure to pay the annual administering and compliance fees during
their original billing cycle are negligible. However, the permittees we re 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 -NOVfor.fai/ure to pay annualfeefor 2008
December 2010-NOVfor failure to pay annual fee for 2010
September 2011-NOV.forfailure to pay annual fee for 2008, 2010, 2011
Apn"/2015-NOV forfailure to pay annual fee for 2013
. 8) The cost to the State of the enforcement procedures.
$116.00
Date /JOD~aard
rev 1.0 -8.3 1.09
JUSTIFICATION FOR REMISSION REQUEST
APS Case Number: PC-2016-0021
Assessed Party: Rov Young
Permit No.: A WS820679
County: Sampson
Amount assessed: $206.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission. Waiver o[Right to an Administrative Hearing. and Stipulation o[Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in 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)J 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 I43B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are
included in the attached pena/~y 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 how payment of the civil penalty will prevent you
from pe1:{orming the activities necessary to achieve compliance).
EXPLANATION:
\Rem. req.
..
STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENAL TIES AGAINST
ROY YOUNG
PERMIT NO. A WS820679
DEPARTMENT OF ENVIRONMENTAL QUALITY
)
)
)
)
)
)
)
)
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC-20 16-0021
Having been assessed civil penalties totaling $90.00 for violation(s) as set forth in the
assessment document ofthe 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 ofthe 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 __________ , 2016
Signature
ADDRESS
TELEPHONE