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Home My WebLink AboutAQ_F_0200095_20090507_CMPL_NOV-NRE 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 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 133 of your 09457R01 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.Tune A,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 { 11 2728 Capital Blvd.,Raleigh,North Carolina 27604 �7 e. Phone:(919)733.17281 FAX:(919)733-18121 Internet:www.ncalr,org( l�orthVRWia1& �=`aroltna— An Equal Oppomnity%Atfirmathm 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 210106. 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. 143B-2$2.1(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: (919)431-3000 Facsimile: (919)431-3100 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,Tune 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)