AQ_F_1800544_20081216_ENF_Enf-FND (3)

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT
COMMISSION
FILE NO. DAQ 2008-274
COUNTY OF CATAWBA )
IN THE MATTER OF: )
BAKERS MANUFACTURING,LLC }
} CIVIL PENALTY ASSESSMENT
FOR VIOLATION OF AIR PERMIT )
NO. 09800R00 SPECIFIC )
CONDITION AND LIMITATION )
NO. A.8.b.ii )
Acting pursuant to North Carolina General Statutes(G.S.) 143-215.114A,I,Ron Slack,Mooresville
Regional Supervisor of the Division of Air Quality(DAQ), make the following:
I. FINDINGS OF FACT:
A. Bakers Manufacturing,LLC was issued Air Permit No. 09800R00 on September 14,
2007,with an effective date of September 14,2007, and an expiration date of August 31,
2012, for operation of its facility at 1506 Emmanuel Church Road, Conover,Catawba
County,North Carolina.
B. Specific Condition and Limitation No. A.8.b.ii of the subject permit states, in part:
Within 30 days after each calendar year quarter,regardless of the actual emissions,the
Permittee shall submit to the Regional Supervisor,DAQ, a report summarizing emissions
of VOC and HAPs containing the following:
1. the pounds of VOC used during the previous calendar year quarter,tabulated
as follows:
a. for each month during the quarter; and
b. for each 12-month period ending on each month during the quarter;
2. the greatest quantity in pounds of an individual HAP used, tabulated as
follows:
a. for each month during the quarter; and
b. for each 12-month period ending on each month during the quarter;
3. pounds of all HAPs used,tabulated as follows:
a. for each month during the quarter; and

Bakers Manufacturing, LLC
2008-274
Page 2
b. for each 12-month period ending on each month during the quarter.
On July 30,2008,the Mooresville Regional Office, Division of Air Quality,had not
received the report for the second quarter of 2008.
C. A Notice of Violation and Recommendation for Enforcement(NOWNRE) Letter, dated
September 2, 2008,was sent to Bakers Manufacturing, LLC by Certified Mail. The
Notice requested a written response from Bakers Manufacturing,LLC within 10 days of
receipt. The Company submitted the requested response and the subject report on
October 15, 2008,
D. Air Quality Enforcement History:
I. Bakers Manufacturing,LLC was issued a Notice of Violation on March 6, 2008
for failure to submit the report for the fourth quarter 2007. Civil penalties were
not assessed.
E. The costs of investigation or inspection in this matter totaled $162.00.
Based upon the above Findings of Fact,I make the following:
Il. CONCLUSIONS OF LAW:
A. Bakers Manufacturing, LLC was in violation of Air Permit No. 09800R00, Specific
Condition and Limitation No. A.8.b.ii, for failure to submit the required report by the
reporting deadline as specified in Findings of Fact"B".
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:

Bakers Manufacturing,LLC
2008-274
Page 3
III. DECISION:
Bakers Manufacturing, LLC is hereby assessed a civil penalty of:
$ .570j For one violation of Air Permit No. 09800R00, Specific Condition and
Limitation No.A.8.b.ii for late submittal of the second quarter 2008
report.
$ Jed J -. TOTAL CIVIL PENALTY,which is -Z- percent of the
maximum penalty authorized by G.S. 143-215.114A.
$162.00 Investigation costs.
$ b� , - 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. 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.Date Ron Slack,Mooresville Regional Supervisor
Division of Air Quality