AQ_F_1200107_20081029_ENF_Enf-FND

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF BURKE FILE NO. DAQ 2008-192
IN THE MATTER OF: )
VALDESE WEAVERS, INC. )
FOR VIOLATION OF: ) CIVIL PENALTY ASSESSMENT
NORTH CAROLINA GENERAL )
STATUTE 143.215.108 "CONTROL )
OF SOURCES OF AIR POLLUTION; )
PERMITS REQUIRED" AND 15A }
NCAC 2Q .0300 "CONSTRUCTION )
AND OPERATION PERMITS" )
Acting pursuant to North Carolina General Statutes (G.S.) 143-215.114A, 1, Sheila C.
Holman, Deputy Director of the Division of Air Quality (DAQ), make the following:
I. FINDINGS OF FACT:
A. Valdese Weavers, Inc. (the company) was issued Air Permit No. 09762R00 (permit)
for the Lovelady Road Plant which became effective on July 18, 2007 with an
expiration date of June 30, 2012, for the operation of two tenter frames and three
boilers located at their facility in Valdese, Burke County,North Carolina.
B. On April 8, 2008, Ms. Melanie Pitrolo of the Asheville Regional Office (ARO) of
the DAQ performed an inspection of the company. During the inspection, Ms.
Pitrolo observed a third tenter frame operating at the facility. The DAQ had not
issued an air permit for the construction and operation of the third tenter frame.
C. On April 15, 2008, a Notice of Violation/Notice of Recommendation for
Enforcement (NOV/NRE)was issued to the company for violation of North
Carolina General Statute 143-215.108 and 15A NCAC 2Q .0300. A response to the
NOV/NRE was received by the ARO on April 30, 2008. The response letter states in
part:
Valdese Weavers, Inc. regrets that the frame was installed prior to the
proper modification of the permit. Upon your discovery of this
oversight, we have immediately prepared and are submitting the
appropriate paperwork to rectify this situation. It is the intent of
Valdese Weavers, Inc. to comply fully with the letter and intent of all
applicable environmental rules, regulations, and standards. We plan
to redouble our efforts to ensure that no such oversight occurs in the
future.

Valdese Weavers, Inc.
DAQ 2008-192
Page 2
D. On May 14, 2008, an air permit application to add the third tenter frame to the
facility's permit was received by the ARO.
E. The ARO has no record of prior'air quality violations at the Valdese Weavers, Inc.,
Lovelady Road Plant.
F. The costs of investigation or inspection in this matter totaled $233.00.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Valdese Weavers, Inc was in violation of North Carolina General Statute 143-
215.108 "Control of Sources of Air Pollution; Permits Required" and 15A NCAC 2Q
.0300 "Construction and Operation Permits," documented on April 8, 2008, by
constructing and operating a third tenter frame at the Lovelady Road Plant in
Valdese, Burke County, North Carolina without an air permit.
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:
Valdese Weavers, Inc. is hereby assessed a civil penalty of:
$ S[ }, for one (1) violation of North Carolina General Statute
143-215.108 "Control of Sources of Air Pollution;
Permits Required" and 15A NCAC 2Q .0300
"Construction and Operation Permits," documented on
April 8, 2008, by constructing and operating a third
tenter frame at the Lovelady Road Plant in Valdese
Burke County, North Carolina without an air permit.

Valdese Weavers, Inc.
DAQ 2008-192
Page 3
$ �45DD ,D D TOTAL CIVIL PENALTY, which is _percent
of the maximum penalty authorized by G.S. 143-
215.114A.
233.00
$ Investigation costs
$ �''� 33.D� 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. 143 B-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.
Date Sheila C. Holman, Deputy Director
Division of Air Quality