AQ_F_1300051_20080507_ENF_Enf-FND

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT
COMMISSION
FILE NO. DAQ 2008-060
COUNTY OF CABARRUS )
IN THE MATTER OF: )
S &D COFFEE,INC. )
CIVIL PENALTY ASSESSMENT
FOR VIOLATION OF AIR PERMIT )
NO. 05029TI1 GENERAL )
CONDITION P. )
Acting pursuant to North Carolina General Statutes(G.S.) 143-215.114A,I, Michael Landis,
Regional Air Quality Supervisor,make the following:
I. FINDINGS OF FACT:
A. S &D Coffee, Inc. was issued Air Permit No. 05029T 11 on June 27, 2006, with an
effective date of June 27, 2006, and an expiration date of March 31, 2011, for operation of
its facility at 300 Concord Parkway South, Concord, Cabarrus County,North Carolina.
B. General Condition P. of the subject permit states, in part:
"The Permittee shall submit to the DAQ and the EPA(Air and EPCRA Enforcement
Branch,EPA,Region 4,61 Forsyth Street,Atlanta,GA 30303)postmarked on or before
March 1 a compliance certification(for the preceding calendar year)by a responsible
official with all federally-enforceable terms and conditions in the permit, including emissions
limitations,standards,or work practices."
The report was due on March 1,2008. The Mooresville Regional Office, Division of Air
Quality(DAQ), received the report on March 14, 2008.
C. A Notice of Violation and Recommendation for Enforcement (NOV/NRE)Letter,dated
March 13,2008,was sent to S &D Coffee, Inc. by Certified Mail. The Notice requested a
written response from S &D Coffee,Inc. within 10 days of receipt. The Company
submitted the requested response on March 17, 2008.
D. Air Quality Enforcement History:
1. S &D Coffee, Inc. was issued a Notice of Violation on April 10, 1996 for the
construction and operation of air emission sources and control devices without a valid
air quality permit. Civil penalties were not assessed.
2. S &D Coffee, Inc. was issued a Notice of Violation and Recommendation for
Enforcement on August 16,2000 for the construction and operation of air emission
sources and control devices without a valid air quality permit. A civil assessment of
$1,369.00 was issued to S &D Coffee, Inc. on December 20,2000. The civil penalty
was paid in full on January 16,2001.
3. S &D Coffee, Inc. was issued a Notice of Violation on May 31,2001 for late

S&D Coffee,Inc.
2008-060
Page 2
quarterly reports for the fourth quarter 2000 and first quarter 2001. Civil penalties
were not assessed.
4. S &D Coffee,Inc. was issued a Notice of Violation and Recommendation for
Enforcement on March 19, 2007 for failure to submit the required Title V Annual
Compliance Certification. A civil assessment of$2,244.00 was issued to S &D
Coffee,Inc. on May 24, 2007. The civil penalty was paid in full on June 1, 2007.
E. The costs of investigation or inspection in this matter totaled$253.00.
Based upon the above Findings of Fact,I make the following:
II. CONCLUSIONS OF LAW:
A. S &D Coffee,Inc. was in violation of Air Permit No. 05029TI 1, General Condition
P.,for failure to submit the required report by the reporting deadline as specified in
Findings of Fact "B".
B. G.S. 143-215.114A provides that a civil penalty of not more than ten thousand dollars
per violation may be assessed against a person who violates or fails to act in
accordance with the terms, conditions, or requirements of a permit required by G.S.
143-215.108 or who violates any regulation adopted by the Environmental
Management Commission.
C. G.S. 143-215.3(a)(9)provides that the costs of any investigation or inspection may be
assessed against a person who violates or fails to act in accordance with the terms,
conditions, or requirements of a permit required by G.S. 143-215.108 or who violates
any regulation adopted by the Environmental Management Commission.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
S &D Coffee,Inc. is hereby assessed a civil penalty of:
$ �!�dn' cro For one violation of Air Permit No. 05029T11, General Condition P.
for late submittal of the Title V Annual Compliance Certification.
�
$ 1°Z TOTAL CIVIL PENALTY which is percent of the
maximum penalty authorized by G.S. 43-215.114A.
$2,,5_/3.00 Investigation costs.
$ (`�� 3 TOTAL AMOUNT DUE

S&D Coffee,Inc.
2008-060
Page 3
Pursuant to G.S. 143-215.114A in determining the amount of the penalty,I considered the factors
listed in G.S. 143B-282.1(b)and 15A NCAC 2J.0006,which are the following:
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(s);
2) The duration and gravity of the violation;
3) The effect on ground or surface water quantity or quality or on air quality;
4) The cost of rectifying the damage;
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
8) The cost to the State of the enfRrceme t procedures:'
S
Date Mi hael S. Landis'
Regional Air Quality Supervisor