AQ_F_2000127_20080507_ENF_Enf-FND (3)

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF CHEROKEE FILE NO. DAQ 2008-087
IN THE MATTER OF: )
WELLS & WEST, INC. )
FOR VIOLATION OF: ) CIVIL PENALTY ASSESSMENT
AIR PERMIT NO. 09405RO1, )
SPECIFIC CONDITION AND )
LIMITATION NO. 13 )
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:
I. FINDINGS OF FACT:
A. Wells & West, Inc. (the company) located in Murphy, Cherokee County,North
Carolina was issued Air Permit No. 09405ROI (permit) which became effective
on March 31, 2006 with an expiration date of March 31, 2009.
B. Said permit contains the following pertinent provision, Specific Condition and
Limitation No. 13 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. the amount of recycled No. 4 fuel oil combusted in the
boilers (ID Nos. ES-B1, ES-132, and ES-133) for each
month during the previous calendar year;
ii. the total amount of recycled No. 4 fuel oil combusted in the
boilers (ID Nos. ES-B1, ES-132, and ES-133) during the
previous calendar year; and
iii. a copy of the fuel certification for the shipment of fuel oil
with the highest sulfur content by weight delivered during
the previous calendar year. The fuel supplier certification
shall include the following information:
A. the name of the oil supplier; and
B. a certified statement signed by the owner or
operator of the facility that the records of fuel
supplier certification submitted represent all of the
fuel combusted during the reporting period.
C. The annual report for calendar year 2007 was not received by DAQ on or before
January 30, 2008 as required by Specific Condition and Limitation No. 13 of Air
Permit No. 09405RO1.

Wells & West, Inc.
DAQ 2008-087
Page 2
D. On February 18, 2008, a Notice of Violation/Notice of Recommendation for
Enforcement (NOV/NRE)was issued to the company for violation of Air Permit
No. 09405R0I, Specific Condition and Limitation No. 13. The NOV/NRE was
sent via certified mail. The return receipt from the US Postal Service indicates
the NOV/NRE was delivered to Wells & West, Inc. on or about February 22,
2008. No response from the company has been received by the ARO.
E. The ARO has record of the following prior violations by Wells & West, Inc.
regarding late submittal of reports:
• On April 10, 2006 an NOV was issued for violation of the permit
for late submittal of the annual report regarding combustion of
recycled oil during calendar year 2005. No civil penalty was
assessed.
• On March 7, 2005 an NOV was issued for violation of the permit
for late submittal of the annual report regarding combustion of
recycled oil during calendar year 2004. No civil penalty was
assessed.
F. The costs of investigation or inspection in this matter totaled $160.00.
Based upon the above Findings of Fact, I make the following:
IL CONCLUSIONS OF LAW:
A. Wells & West, Inc. was in violation of Air Permit No. 09405R0I, Specific
Condition and Limitation No. 13 by failing to submit the annual report due on or
before January 30, 2008 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.

Wells & West, Inc.
DAQ 2008-087
Page 3
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Wells & West, Inc. is hereby assessed a civil penalty of.
car
$ '5 0t for one (1)violation of Air Permit No. 09405ROI
Specific Condition and Limitation No. 13 by
failing to submit the annual report due on or before
January 30, 2008 by said date.
fir,
$ t1(� , TOTAL CIVIL PENALTY, which is
percent of the maximum penalty authorized by G.S.
143-215.114A.
160.00
$ Investigation costs
$ , 0, __ 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. 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.
Date Paul K. Muller, P.E., Regional Supervisor
Asheville Regional Office
Division of Air Quality