AQ_F_0500008_20090130_ENF_Enf-FND

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT
COUNTY OF ASHE COMMISSION
FILE NO. DAQ 2008-279
IN THE MATTER OF: )
ADAMS CONSTRUCTION COMPANY )
CIVIL PENALTY ASSESSMENT
FOR VIOLATION OF: )
15A NCAC 2D .0506 )
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" or"Division"), make the
following:
I. FINDINGS OF FACT:
A. Adams Construction Company operates a hot mix asphalt batching operation in
Crumpler,North Carolina.
B. Adams Construction Company was issued Air Permit No. 00481R13 on October
31, 2007.
C. Permit Condition A.10 requires stack testing to demonstrate compliance with 15A
NCAC 2D.0506, with a limit of 50.2 pounds per hour of filterable and condensable
particulate matter.
D. The stack test was conducted on August 1, 2008, and the results of the testing
were submitted to DAQ on September 2, 2008, indicating a result of 74.7 lbs/hr of
particulate matter, in exceedance of the 50.2 lbs/hr permit limit.
E. A Notice of Violation and Notice of Recommendation for Enforcement dated
September 23, 2008 was sent to Adams Construction Company relative to the above
noted violation. The letter was received on September 25, 2008. A response letter from
F. E. Adams, Executive Vice President, was received on October 6, 2008 and indicated
that the pond used as a water source for the air washer control device was likely filled
with sediment due to heavy rainfall on the day prior to the testing.
F. Adams Construction Company has a history of prior violations:
• A Notice of Violation was issued on October 4, 2007 for late submittal of an
emissions inventory.
• A Notice of Violation and Notice of Recommendation for Enforcement was
issued on July 25, 2006 for a violation of permit condition A.11 (failure to
maintain fuel supplier certifications) and a violation of permit condition B.6
(dust leaks). A civil penalty of$821 was assessed (DAQ 2006-260) on
December 19, 2006 and was paid on January 3, 2007.

Adams Construction Company
DAQ 2008-279
page 2
• A Notice of Violation was issued on August 6, 2004 for not maintaining fuel
supplier records and not maintaining records of PM10,NO,, SO2, and CO
emissions to demonstrate compliance with the synthetic minor limits.
G. The costs of investigation or inspection in this matter totaled $229.00.
Based on the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Adams Construction Company was in violation of 15A NCAC 2D .0506 for
particulate emissions exceeding the 50.2 pounds per hour emissions limit as specified in
Condition A.10. This permit requirement is necessary for the permittee to comply with
rules codified at 15A NCAC 2D.0506.
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:
Adams Construction Company is hereby assessed a civil penalty of:
$ 3000.oo for one violation of Air Permit No. 00481R13,
occurring on August 1, 2008 by failing to
demonstrate compliance with 15A NCAC 2D
.0506.
$ 3(DD.0D TOTAL CIVIL PENALTY, which is Z
percent of the maximum penalty authorized by
NCGS 143-215.114A.
$ 229 Investigation Costs
$ 00 TOTAL AMOUNT DUE

Adams Construction Company
DAQ 2008-279
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 .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.
1 3y ISUC- C
Date Sheila C. Holman, Deputy Director
Division of Air Quality