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HomeMy WebLinkAboutAQ_F_1200007_20090512_ENF_Enf-FND STATE OF NORTH CAROLINA NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF BURKE FILE NO. DAQ 2009-083 IN THE MATTER OF: ) CASE FARMS OF NC, INC. ) FOR VIOLATION OF: ) CIVIL PENALTY ASSESSMENT AIR PERMIT NO. 03248R11, ) SPECIFIC CONDITION AND ) LIMITATION NO. 9 ) Acting pursuant to North Carolina General Statutes (G.S.) 143-215.114A, I, Paul K. Muller, Regional Supervisor, Asheville Regional Office (ARO) of the Division of Air Quality (DAQ), make the following: 1. FINDINGS OF FACT: A. Case Farms of NC, Inc. (the company) located on Rand Street in Morganton, Burke County,North Carolina was issued Air Permit No. 03248RI I (permit), which became effective on July 7, 2006 with an expiration date of July 31, 2010. B. Said permit contains the following pertinent provision, Specific Condition and Limitation No. 9.c. which states in part: Reporting Requirements - Within 30 days after each calendar year, regardless of the actual emissions, the Permittee shall submit the following to the Regional Supervisor, DAQ, in writing: i. monthly gallons of No. 2 fuel oil combusted and monthly sulfur dioxide emissions for the previous 12 months; and ii. the total gallons of No. 2 fuel oil combusted and total sulfur dioxide emissions for the previous 12 months. C. The annual report due on or before January 30, 2009 in accordance with Specific Condition and Limitation No. 9. of Air Permit No. 03248RI I was not received by the ARO on or before said date. D. On February 16, 2009, a Notice of Violation/Notice of Recommendation for Enforcement (NOV/NRE) was issued to the company for violation of Air Permit No. 03248RI 1, Specific Condition and Limitation No. 9.c. The required report and a written response from the company was received by the ARO on March 5, 2009. The response indicated, in part, that the facility would add the annual report to its computerized preventative maintenance program in order to receive automatic notifications when the report was due. Case Farms of NC, Inc. DAQ 2009-083 Page 2 E. The ARO has record of the following prior violations by Case Farms of NC, Inc. regarding late submittal of reports: On February 16, 2007, Case Farms of NC, Inc. was issued an NOV for late submittal of a report required by their air permit. F. The costs of investigation or inspection in this matter totaled $160.00. Based upon the above Findings of Fact, I make the following: 11. CONCLUSIONS OF LAW: A. Case Farms of NC, Inc. was in violation of Air Permit No. 03248RI 1, Specific Condition and Limitation No. 9. by failing to submit the annual report due on or before January 30, 2009 by said date. 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: Case Farms of NC, Inc. is hereby assessed a civil penalty of- $_ � , �h for one (1) violation of Air Permit No. 03248RI I Specific Condition and Limitation No. 9. by failing to submit the annual report due on or before January 30,2009 by said date. $ 0 co TOTAL CIVIL PENALTY,which is Z percent of the maximum penalty authorized by G.S. 143-215.114A. 160.00 $ Investigation costs $ ��� CIO TOTAL AMOUNT DUE Case Farms of NC, Inc. DAQ 2009-083 Page 3 Pursuant to G.S. 143-215.114A in determining the amount of the penalty, I considered the factors listed in G.S. 14313-282.1(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. Oq 4wt k - ., Date Paul K. Muller, P.E., egional Supervisor Asheville Regional Office Division of Air Quality