AQ_F_1800463_20080507_ENF_Enf-FND

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT
COMMISSION
FILE NO. DAQ 2008-106
COUNTY OF CATAWBA )
IN THE MATTER OF: )
WESLEY HALL INCORPORATED )
CIVIL PENALTY ASSESSMENT
FOR VIOLATION OF AIR PERMIT )
NO. 08169R03 SPECIFIC )
CONDITION AND LIMITATION )
NO.A. 8. b. )
Acting pursuant to North Carolina General Statutes(G.S.) 143-215.114A,I, B. Keith Overcash,P.E.,
Director of the Division of Air Quality(DAQ),make the following:
I. FINDINGS OF FACT:
A. Wesley Hall Incorporated was issued Air Permit No. 08169R03 on September 12, 2005,
with an effective date of September 12,2005, and an expiration date of February 28,
2010, for operation of its facility at 141 Fairgrove Church Road, Conover, Catawba
County,North Carolina.
B. Specific Condition and Limitation No.A. 8. b. of the subject permit states, in part:
Annual Report Requirement-By March 1 of each year,regardless of the actual emissions,
the Pennittee shall submit to the Regional Supervisor,DAQ, a report summarizing
emissions of VOC and HAPs containing the following:
A. the pounds of VOC used during the previous calendar year;
B. the greatest quantity in pounds of an individual HAP used during the
previous calendar year; and
C. the total pounds of all HAPs used during the previous calendar year.
On March 1, 2008, the Mooresville Regional Office, Division of Air Quality, had not
received the report for the 2007 calendar year.
C. A Notice of Violation and Recommendation for Enforcement(NOV/NRE)Letter, dated
March 17, 2008, was sent to Wesley Hall Incorporated by Certified Mail. The Notice
requested a written response from Wesley Hall Incorporated within 10 days of receipt.
The Company submitted the requested response and the subject report on March 19, 2008.
D. Air Quality Enforcement History:
1. Wesley Hall Incorporated was issued a Notice of Violation on March 29, 2006 for

Wesley Hall Incorporated
2008-106
Page 2
failure to submit the 2005 calendar year annual report. Civil penalties were not
assessed.
E. The costs of investigation or inspection in this matter totaled$162.00.
Based upon the above Findings of Fact,I make the following:
II. CONCLUSIONS OF LAW:
A. Wesley Hall Incorporated was in violation of Air Permit No. 08169R03, Specific
Condition and Limitation No. A. 8. b., 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 twenty-five 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:
Wesley Hall Incorporated is hereby assessed a civil penalty of:
$ 5 Cam, For one violation of Air Permit No. 08169R03, Specific Condition and
Limitation No.A. 8. b. for late submittal of the 2007 calendar year
report.
$ TOTAL CIVIL PENALTY,which is '�- percent of the
maximum penalty authorized by G.S. 143-215.114A.
$162.00 Investigation costs.
$ ` TOTAL AMOUNT DUE

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2008-106
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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 b s regulatory authority; and
8) The cost to the State of Oe enf ce ent proc ures
7- OY 14,1,t
Date Michael Landis,Regional Supervisor
Mooresville Regional Office
Division of Air Quality