960067_PC-2020-0023 CPA Findings and Decision_20200721

DocuSign Envelope ID: 1822CA5E-ECE8-4143-9CC4-77B156A16C06
STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF WAYNE
IN THE MATTER OF
B & B PARTNERSHIP
FOR VIOLATIONS OF INDIVIDUAL
ANIMAL WASTE MANAGEMENT PERMIT
AWI960067 PURSUANT TO NORTH
CAROLINA GENERAL STATUE 143-215.1
File No. PC-2020-0023
FINDINGS AND DECISION
AND ASSESSMENTS OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Depailnient of Environmental
Quality, I, Jeff Poupart, Water Quality Permitting Section Chief of the Division of Water Resources make
the following:
I. FINDINGS OF FACT:
A. B & B Partnership, owns White Oaks Farm, Inc., a swine animal feeding operation in Wayne
County.
B. White Oaks Farm, Inc. was permitted with a Certificate of Coverage AWI960067 under
Individual Animal Waste Management Permit AWI960067 for Legacy Farm Inc. on
November 20, 2017, effective upon issuance, with an expiration date of October 31, 2022.
The prior Certificate of Coverage was issued October 28, 2013 and expired on September 30,
2018.
C. Condition IL1 of Individual Animal Waste Management Permit AWI960067 states "The
collection, treatment, and storage units, and the land application equipment and fields shall be
properly operated and maintained at all times."
D. On December 12, 2019, the Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), conducted a routine compliance inspection at this facility. At
this time the lagoon banks had not been mowed and a proper vegetative cover was not being
maintained.
E. Condition IL12 of Individual Animal Waste Management Permit AWI960067 states "Trees,
shrubs, and other woody vegetation shall not be allowed to grow on the earthen basin dikes or
embankments. Earthen basin embankment areas shall be kept mowed or otherwise controlled
and accessible."
F. On December 12, 2019, the Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), conducted a routine compliance inspection at this facility. At
this time the lagoon banks had not been mowed and a proper vegetative cover was not being
maintained.
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DocuSign Envelope ID: 1822CA5E-ECE8-4143-9CC4-77B156A16C06
G. Condition IIL 11 of Individual Animal Waste Management Permit AWI960067 states "an
analysis of a representative sample of the animal waste to be applied shall be conducted in
accordance with recommended laboratory sampling procedures as close to the time of
application as practical and at least within sixty (60) days (before or after) of the date of
application."
H. On December 12, 2019, the Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), conducted a routine compliance inspection at this facility. It
was determined that a current waste analysis was missing from the records.
I. Condition IIL12 of Individual Animal Waste Management Permit AWI960067 states "The
Permittee shall record all irrigation and land application event(s) including hydraulic loading
rates, nutrient loading rates and cropping information. The Permittee shall also record
removal of solids and document nutrient loading rates."
J. On December 12, 2019, the Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), conducted a routine compliance inspection at this facility. It
was determined that completed irrigation (DRAG 2) forms were missing from the records.
K. Condition 111.14 of Individual Animal Waste Management Permit AWI960067 states "The
Permittee must maintain monthly stocking records for the facility and make the records
available to the Department."
L. On December 12, 2019, the Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), conducted a routine compliance inspection at this facility. It
was determined that the required weekly stocking and mortality records were missing from
the records.
M. Condition IIL24 of Individual Animal Waste Management Permit AWI960067 states "The
Permittee shall conduct a survey of the sludge accumulation in the covered digester, all
treatment lagoons, and storage ponds every year."
N. On December 12,2019, the Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), conducted a routine compliance inspection at this facility. It
was determined that current sludge surveys were missing from the records.
O. Subsequent to December 12, 2019 B & B Partnership has provided partial records for the
items listed in I.H., J., L., and N.
P. B & B Partnership received the Notice of Intent (dated January 22, 2020) on January 25,
2020.
Q. The cost to the State of the enforcement procedures in this matter totaled $171.96.
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DocuSign Envelope ID: 1822CA5E-ECE8-4143-9CC4-77B156A16C06
Based upon the above Findings of Facts, I make the following:
II. CONCLUSIONS OF LAW:
A. B & B Partnership is a "person" within the meaning of G. S. 143-215.6A pursuant to G. S.
143-212(4).
B. The above cited failure to maintain the lagoon as stated in Findings of Fact I.D and I.F
violates Condition No. IL1 and Condition No. II.12 of Individual Animal Waste Management
Permit AWI960067 to maintain the waste treatment structure and keep it free of vegetation.
C. The above cited failure to provide a current waste analysis as stated in Findings of Fact I.H
violates Condition No. IIL11 of Individual Animal Waste Management Permit AWI960067
to conduct a waste analysis within sixty (60) days of the land application of waste.
D. The above cited failure to provide completed irrigation (DRAG 2) forms as stated in Findings
of Fact I.J violates Condition No. III.12 of Individual Animal Waste Management Permit
AWI960067 to record nutrient loading events on application fields.
E. The above cited failure to provide stocking and mortality records as stated in Findings of Fact
I.L violates Condition No. III.14 of Individual Animal Waste Management Permit
AWI960067 to maintain monthly stocking records and make them available to the
Department.
F. The above cited failure to provide current sludge surveys as stated in Findings of Fact I.N
violates Condition No. IIL24 of Individual Animal Waste Management Permit AWI960067
to conduct a yearly sludge survey on the waste treatment structure.
G. B & B Partnership may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2), which provides that a civil penalty of not more than twenty-five thousand
dollars ($25,000.00) per violation may be assessed against a person who is required but fails
to act in accordance with the terms, conditions, or requirements of a permit required by G.S.
143-215.1.
H. The State's enforcement costs in this matter may be assessed against B & B Partnership
pursuant to G. S. 143-215.3(a)(9) and G. S. 143B-282.1(b)(8).
I. The Chief of the Water Quality Permitting 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.
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DocuSign Envelope ID: 1822CA5E-ECE8-4143-9CC4-77B156A16C06
Based upon the above Findings of Facts and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, B & B Partnership, owner of White Oaks Farm, Inc., is hereby assessed a civil
penalty of:
$ 1,000.00 For violating Condition Nos. II.1. & 12. of Individual Animal Waste
Management Permit AWI960067 for failure to maintain the lagoons.
$ 500.00
$ 1,500.00
$ 171.96
$ 1671.96
For violating Condition Nos. IIL11., 12., 14., & 24. of Individual Animal
Waste Management Permit AWI960067 for failure to provide complete
required records on date of inspection.
TOTAL CIVIL PENALTY
Enforcement costs
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-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface quantity or quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or 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;
(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 TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to B & B
Partnership in accordance with N.C.G.S. 143-215.6(A)(d).
DocuSigned by:
9/13/2020
(Date)
OF PotArof
&11D19D649DD2478...
Jeff Poupart, Chief
Water Quality Permitting Section
Division of Water Resources
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DocuSign Envelope ID: 1822CA5E-ECE8-4143-9CC4-77B156A16C06
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