AQ_F_1900077_20080627_ENF_Enf-FND

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF CHATHAM ) FILE NO. DAQ 2008-148
IN THE MATTER OF: )
TRIANGLE BRICK COMPANY
MERRY OAKS PLANT )
FOR VIOLATION OF: ) CIVIL PENALTY ASSESSMENT
)
AIR PERMIT 06897T09 )
REPORTING REQUIREMENTS
Acting pursuant to North Carolina General Statutes (G.S.) 143-215.114A, 1, Patrick Butler, P.E., Regional Air
Quality Supervisor, make the following:
1. FINDINGS OF FACT:
A. Triangle Brick Company—Merry Oaks Plant operates a facility located in Merry Oaks, Chatham County,
North Carolina. This facility has a county premise number of 1900077.
B. Triangle Brick Company—Merry Oaks Plant was issued Air Permit No. 06897T09 (permit) on November
7, 2007, with an expiration date of January 31, 2008, for construction and operation of air emission sources
and/or air cleaning devices. This was the effective permit on the violation date of January 31, 2008.
C. Said permit contains the following pertinent stipulations:
• A.2.e, B.2.e, and C.3.e—To comply with 15A NCAC 2D .0521 "Control of Visible Emissions,"
the facility is required to submit a semi-annual deviation report. This report was due by January
30, 2008.
• A.3.s and B.3.0—To comply with 15A NCAC 2D .0524 "New Source Performance Standards,"
and 40 CFR 60 Subpart 000, "Standards of Performance for Nonmetallic Mineral Processing,"
the facility is required to submit a semi-annual compliance report. This report was due by
January 30, 2008.
• D.2.n—To comply with 15A NCAC 2D .0524 "New Source Performance Standards," and 40
CFR Subpart UUU, "Standards of Performance for Calciners and Dryers in Mineral Industries,"
the facility is required to submit a semi-annual compliance report. This report was due by
January 30, 3008.
D. Triangle Brick Company—Merry Oaks Plant did not submit a semiannual report for the second half of
calendar year 2007 until February 14, 2008, fifteen days after the January 30, 2008 due date.

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DAQ Case No. 2008-148
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E. A Notice of Violation/Notice of Recommendation for Enforcement (NOV/NRE) dated April 3, 2008
was sent to Triangle Brick Company for failing to submit the permit required reports in a timely
manner.
F. Triangle Brick Company—Merry Oaks Plant submitted a response to the Notice of Violation/Notice of
Recommendation for Enforcement on April 21, 2008.
G. Prior to the current violations, the facility was issued three (3)Notices of Violation within the last five
(5) years.
• Notice of Violation/Notice of Recommendation for Enforcement dated June 6, 2007 for incomplete
reporting for the 2nd half of 2006. No enforcement was pursued.
• Notice of Violation dated March 30, 2004 for incomplete reporting in 2003 annual compliance
certification. No civil penalties were assessed.
• Notice of Violation dated December 15, 2003 for late reporting for the 1st half of 2003. No civil
penalties were assessed.
H. The costs of investigation or inspection in this matter totaled $313.00.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Air Permit No. 06897T09 is required by and issued pursuant to G.S. 143-215.108.
B. Triangle Brick Company— Merry Oaks Plant was in violation of the semiannual reporting requirements
outlined in Permit Stipulations A.2.e, A.3.s, B.2.e, B.3.u, C.3.e, and D.2.n, as detailed in Findings of
Fact above.
C. G.S. 143-215.114A 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 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.
D. G.S. 143-215.3(a)(9)provides that the costs of any investigation or inspection may be assessed against a
person who violates any term or condition of any permit issued pursuant to 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:

Triangle Brick Company Merry Oaks Plant
DAQ Case No. 2008-148
Page 3
III. DECISION:
Triangle Brick Company - Merry Oaks Plant is hereby assessed a civil penalty of.
$ 11 ood. CSC) for one (1) violation of the semiannual reporting requirements of Air Permit No.
06897T09 - Stipulations A.2.e, B.2.e, and C.3.e and specifically for failure to submit
the required semiannual deviation report for the second half of calendar year 2007 by
the due date of January 30, 2008.
$11000 , C for one (1) violation of the semiannual compliance reporting requirements of Air
Permit No. 06897T09— Stipulations A.3.s, B.3.u, and D.2.n and 40 CFR 60 Subparts
000 and UUU, specifically for the failure to submit the required reports due by
January 30, 2008. F
$ 600 , 60 TOTAL CIVIL PENALTY, which is / percent of the maximum penalty
authorized by G.S. 143-215.114A.
$ 190.00 Investigation costs
1 41 , 00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.114A in determining the amount of the penalty, I considered the factors listed in G.S.
143B-282.I(b) and 15A NCAC 2J .0106, 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 enforcement procedures.
(ra T7
Date Patrick Butler, P.E., Regional Air Quality Supervisor
Division of Air Quality