AQ_F_0200095_20090507_ENF_Enf-FND

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Air Quality
Beverly Eaves Perdue B.Keith Overcash,P.E. Dee Freeman
Governor Director Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
May 7, 2009
Mr. Craig Larson, CFO MAY 112009
Industrial Timber,Inc.
330 White Plains Road
Hiddenite,NC 28636
SUBJECT: Civil Penalty Assessment for Violation
2Q.0304 "FAILURE TO SUBMIT AN AIR PERMIT RENEWAL APPLICATION"
File No.: DAQ 2009-086EI
Violator: Industrial Timber, Inc.
County: Alexander
Facility ID: 0200095
Dear Mr. Larson:
This letter is notice of a civil penalty assessed by the Department of Environment and Natural Resources
(DENR)pursuant to G.S. 143-215.114A(d).
This assessment is based on the fact that Industrial Timber,Inc.was required under General Condition B.3 of
your 09457ROI permit to submit to the North Carolina Division of Air Quality(DAQ)a complete Air Permit
Renewal Application postmarked on or before April 1,2009. In addition, a letter was sent to you by the DAQ
on December 1,2008,requesting the submission of an Air Quality Emission Inventory online via the DAQ
website OR postmarked on or before April 1,2009. On April 8,2009,you were issued a Notice of Violation
requiring you to submit the Permit Renewal Application and the Air Quality Emission Inventory by May 1,
2009. Neither the Permit Renewal Application nor the Air Quality Emission Inventory has been received by the
DAQ as of May 1, 2009.
If you have not already done so,you must submit a complete Permit Renewal Application and Air
Quality Emission Inventory for Industrial Timber,Inc.to DAQ by June 1,2009 to avoid additional
civil penalty assessments. Please be advised that your permit will expire on June 30,2009. Unless your
completed permit renewal application is received by the DAQ and a new permit is issued to you by
June 30, 2009,you WILL be in violation of operating without a valid Air Quality permit and additional
enforcement action will be taken.
1641 Mail Service Center,Raleigh,North Carolina 27699-1641
2728 Capital Blvd.,Raleigh,North Carolina 27604 011e
Phone:[phone] FAX:[phone] Internet:www.ncair.org1 N 4. h a obit a.
An Equal Opportunity I Affirmative Action Employer

Mr.Larson
May 7, 2009
Page 2
FINDINGS AND DECISIONS
I conclude that Industrial Timber,Inc.has violated 15A NCAC 2Q.0304 for failing to submit to the DAQ
the required Permit Renewal Applications and an Air Quality Emissions Inventory online via the DAQ website
OR postmarked on or before April 1, 2009. G.S. 143-215.114A provides that a civil penalty of up to$25,000
per violation may be assessed against any person who violates a regulation(15A NCAC 2Q.0304) established
pursuant to G.S.143-215.107. In addition, G.S. 143-215.114A(b)provides that each day of continuing violation
after written notification shall be considered a separate offense.
In determining the amount of the penalty,I have considered the factors set out in G.S. 14313-282.1 and
15A NCAC 2J.0106. Based on the above facts,pursuant to G.S.143-215.114A,I.hereby assess a civil penalty
of
$500 for one violation of 15A NCAC 2Q.0304 in failing to submit to the North Carolina
Division of Air Quality the required Permit Renewal Application and an Air
Pollutant Emissions Inventory online via the DAQ website OR postmarked on or
before April 1,2009,
REQUIRED ACTIONS
Within thirty(30)days from the receipt of this letter in order to resolve this penalty,you must do
one of the following:
(1) Pay the civil penalty assessment; or
(2) Submit a written request for remission or mitigation,which includes a detailed justification for
the request; or
(3) File a written petition for a contested case hearing in the Office of Administrative Hearings
(OAH)appealing the penalty assessment.
Additional information about your options is provided below.
PAYMENT
To pay the penalty,send your payment by check or money order made payable to the North Carolina
Department of Environment and Natural Resources (when submitting payment,do not include the remission
waiver form). Payment of the penalty will not foreclose further enforcement action against you for any new
or continuing violation.

Mr. Larson
May 7,2009
Page 3
Please submit payment to the attention of:
Enforcement Group-EI Payment
Department of Environment and Natural Resources
Division of Air Quality
1641 Mail Service Center
Raleigh, North Carolina 27699-1641
Please be advised, it is the policy for NC DENR to charge and collect a processing fee of$25.00 for
checks on which payment has been refused by the bank because of insufficient funds or because of
invalid bank account.
REMISSION
A request for remission or mitigation is not the proper method for contesting this civil penalty assessment.
Because a remission request forecloses the option of an administrative hearing,the request must be
accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual
or legal issues in dispute. You must sign and return the attached waiver and stipulation form along with a
detailed justification for remission to the following address:
Enforcement Group-Remission
Department of Environment and Natural Resource
Division of Air Quality
1641 Mail Service Center
Raleigh,North Carolina 27699-1641
Do not submit payment when requesting remission. Finally,your detailed justification should include any
relevant documentation,and state a case that:
one or more of the civil penalty assessment factors in G.S. 143E-282.I(b)were wrongly applied to the
detriment of the petitioner;
• continuing environmental damage resulting from the violation was promptly abated;
• the violation was inadvertent or a result of an accident;
the violator has not been assessed civil penalties for any previous violations;
payment of the civil penalty will prevent payment for the remaining necessary remedial actions.

Mr. Larson
May 7, 2009
Page 4
APPEAL
If you wish to contest any statement in the attached assessment document, you must file a petition for
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings(OAH).
You must file the petition with the OAH within thirty(30)days of receipt of this notice. A petition is
considered filed when it is received in the Office of Administrative Hearings during normal office hours. The
OAH accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m.,except for official
state holidays. The original and one(1) copy of the petition must be filed with the OAH. The petition may be
faxed,provided the original and one(1) copy of the document is received in the OAH within five(5)business
days following the faxed transmission. The mailing address for the OAH is as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Telephone: [phone] Facsimile: [phone]
A copy of the petition must also be served on NCDENR as follows:
Mary Penny Thompson,General Counsel
North Carolina Department of Environment and Natural Resource
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the DAQ case number,as found on Page 1 of this letter,on your petition to OAH. Failure to
exercise one of the options above within thirty(30)days of receipt of this letter, as evidenced by the internal
date/time received stamp(not a postmark),will result in this matter being referred to the Attorney General's
Office for collection of the penalty through a civil action. Please be advised that additional penalties may be
assessed if the violations that are the subject of this action have not been corrected.
NOTICE OF CONTINUING PENALTIES
If you have not submitted the required Air Quality Emissions Inventory and Permit Renewal Application,
please be advised that G.S. 143-215.114A(b)provides for additional penalties of up to $25,000 per day.
If you have not already done so,you are requested to submit a complete Air Quality Emissions
Inventory online OR postmarked on or before June 1,2009. You are also required to submit a
complete Permit Renewal Application on or before June 1,2009. Please be advised that additional
penalties may be assessed if a complete permit renewal application is not submitted and a complete inventory
is not submitted online OR postmarked by that date.
You may contact Betty Gatano at(919) 733-1478 with any questions. Your prompt attention to this matter
is appreciated.
Sincerely,
Ronald E. Slack
Supervisor
cc: Ronald E. Slack, Supervisor Mooresville Regional Office
Enforcement File(DAQ 2009-086EI)

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT
COMMISSION
County of Alexander FILE NO. DAQ 2009-086EI
IN THE MATTER OF ASSESSMENT ) REQUEST FOR REMISSION OF CIVIL
OF CIVIL PENALTIES AGAINST ) PENALTIES; WAIVER OF RIGHT TO
Industrial Timber, Inc. ) AN ADMINISTRATIVE HEARING
AND STIPULATION OF FACTS
Having been assessed civil penalties totaling$500 for violation(s) of:
2Q .0304 Applications
as set forth in the assessment document of the Supervisor of the Mooresville Regional Office,
Division of Air Quality dated May 7, 2009, the undersigned, desiring to seek remission of the
civil penalties,does hereby waive right to an administrative hearing in the above-stated matter
and does stipulate that the facts are as alleged in the assessment document. The undersigned
further understands that all evidence presented in support of remission of this civil penalty must
be submitted to the Director of the Division of Air Quality within thirty(30) days of receipt of
the notice of assessment. No new evidence in support of a remission request will be allowed
after thirty(30)days from the receipt of the notice of assessment.
This the day of 20_____
Signature
By
Print Name
Social Security#
Address
Telephone ( )

JUSTIFICATION FOR REMISSION REQUEST
DAQ Case Number: 2009-086EI
County: Alexander
Violator: Industrial Timber,Inc.
Facility ID: 0200095
Amount Assessed: $500 ($500 in penalty and$0 in investigative costs
Please use this form when requesting remission of this civil penalty. You must also complete
the "Request For Remission, Waiver of to an Administrative Hearing, and Stipluation of
Facts" form to request remission of this civil penalty. You should attach any documents that
You believe support your request and are necessary for the Director to consider in determining
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred-or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner(the assessment factors
are listed in the civil penalty assessment document);
T (b) the violator promptly abated continuing_environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation anti prevent
.future pccurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you
from performing the activities necessary to achieve compliance).
EXPLANATION: