HomeMy WebLinkAboutAQ_F_0200030_20221229_ENF_RemissLet_2022-030 ROY COOPER 4
Governor
ELIZABETH S.BISER
secrelary
MICHAEL A.ABRACZINSKAS Director NORTH CAROLINA
Environmental Quality
CERTIFIED MAIL RETURN RECEIPT REO UESTED
7019 2280 0000 6513 5735
December 29, 2022
Ms.Martha Reese, President
Piedmont Wood Products,Inc.
PO Box 307
Taylorsville,NC 28681
SUBJECT: Resending Request for Remission of Civil Penalty Pursuant to NCGS 143-215.114A(e)
Part 63 -NESHAP/GACT Subpart JJJJJJ Industrial, Commercial and Institutional Boilers at Area
Sources
File No.: DAQ 2022-030
Violator: Piedmont Wood Products,Inc.
County: Alexander
Facility ID: 0200030
Dear Ms. Reese:
On December 1, 2022,a letter was mailed to you regarding your remission request results. The United
States Postal Service reports they left two notices to sign for the letter(see attachment). I understand you did
not receive such a notice. I am resending a copy of the remission results letter.
You have thirty(30)days from receipt of this letter to respond.
Thank you in advance to your prompt attention to this matter. Should you have any questions you may
contact me at 919-707-8432.
Sincerely,
ow- ��
Amy Vanderkop,Administrative Specialist
Division of Air Quality,NCDEQ
Attachments: Remission Results Letter dated 12/1/22
Returned Envelope
cc: Laserfiche
North Carolina Department of Environmental Quality I Division of Air Quality
217 West Jones Street,Suite 4000 1 1641 Mail Service Center I Raleigh,NC 27699-1641
N09rH CAFO�NA
.W. 919 707 8400 T
Oayarh 9Ra}Envhaene AUue3Ry I�
ROY COOPER ' Q
Governor
ELIZABETH S.BISER
Secretary
MICHAEL A.ABRACZINSKAS NORTH CAROLINA
Director
Environmental Quality
CERTIFIED MAIL RETURN RECEIPT REQUESTED
7019 2280 0000 6513 5636
December 1, 2022
Ms. Martha Reese,President
Piedmont Wood Products,Inc.
PO Box 307
Taylorsville,NC 28681
SUBJECT: Request for Remission of Civil Penalty Pursuant to NCGS 143-215.114A(e)
File No.: DAQ 2022-030
Violator: Piedmont Wood Products,Inc.
County: Alexander
Facility ID: 0200030
Dear Ms.Reese:
Pursuant to authority delegated to me by NCGS 143-215.114A.(g),I have considered the information
submitted in support of your request for remission in accordance with NCGS 143-215.114A.(e),and hereby
modify the assessment of$2,256(Civil Penalty of$2,000 plus Investigative Costs of$256)to the total amount
of$1,256(Civil Penalty of$1,000 plus Investigative Costs of$256). I will allow you to pay the penalty in
installments. If you choose this option,please contact Amy Vanderkop at 919-707-8432 to arrange for a
payment plan.
Should you choose to pay the modified penalty amount in full,you may send a check or money order to
the North Carolina Department of Environmental Quality(NCDEQ). Please submit payment within thirty
(30)days of receipt of this letter to the attention of:
Enforcement Group-Payment
Department of Environmental Quality
Division of Air Quality
1641 Mail Service Center
Raleigh,North Carolina 27699-1641
Please be advised,that it is the policy for NCDEQ 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 an invalid
bank account.
North Carolina Department of Environmental Quality I Division Air Quality
217 west Jones Street,Suite 4000 11641 Mail Service Center I Raleigh,NC 27699-1641
919.707.8400 T
WRTHC J1,1hA
OpiNnMl fi Fn W Dm�el OuBlky�
Ms.Reese
December 1,2022
Page 2
If payment, or a payment plan request, is not received within thirty(30)days of receipt of this letter, in
accordance with NCGS 143-215.114A.(e),your request for remission of the civil penalty with supporting
documents and my recommendation to deny the request with supporting documentation will be delivered to
the North Carolina Environmental Management Commission's(EMC)Civil Penalty Remission Committee
(Committee)for final agency decision. If you chose not to accept the modified penalty and have your case
forwarded to the EMC,please be advised that a decision to present your arguments before the Committee
will be for remission of the on-inal penalty amount, with that amount being owed if the Committee so
rules.
If you desire to make an oral presentation to the Committee on why your request for remission meets one
or more of the five statutory factors you were asked to address,you must complete and return the attached
form. Please mail the completed form to:
Enforcement Group-EMC Request
Department of Environmental Quality
Division of Air Quality
1641 Mail Service Center
Raleigh,North Carolina 27699-1641
If you request to orally present your case to the EMC,you will be notified by certified mail of the date,
time,and place that your oral presentation can be made. Otherwise,the final decision on your request for
remission will be made by the Committee based on the written record.
Thank you for your cooperation in this matter. Should you have any questions about this letter,please
contact Thaochi Vu at 919-707-8433.
Sincerely,
/%,-Z,t. a , G a
Michael A.Abraczinskas,Director
Division of Air Quality,NCDEQ
Enclosure:Request for Oral Presentation
cc: Laserfiche
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF Alexander DAQ Case Number:2022-030
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
Piedmont Wood Products,Inc. )
I hereby request to make an oral presentation before the Environmental Management Commission's(EMC)Committee on Civil Penalty
Remissions in the matter of the case noted above. In making this request,I assert that I understand all of the following statements:
• Making a presentation will require the presence of myself or my representative during a Committee meeting held in Raleigh,North
Carolina.
• M,, mesentation will be limited to discussion of issues and information submitted in my oriaival remission request,and because no
factual issues are in dispute,my presentation will be limited to three(3)minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at
quasi-judicial hearings or proceedings is limited to la ers who are active members of the bar. Proceedings before the Committee on
Remission are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's opinion
and whether anyone will be speaking in a representative capacity for you or a business or goverment entity. If you or your representative
would like to speak before the Committee,you must complete and return this form within thirty(30)days of receipt of this letter.
Depending on your status as an individual,corporation,partnership,or municipality,the State Bar's Opinion affects how you may proceed
with your oral presentation. See www.ncbar.com/ethics. Authorized Practice Advisory Opinion 2006-1 and 2007 Formal Ethics Opinion 3.
• If you are an individual or business owner,then you do not need legal representation before the Committee;however,if you
intend on having another individual speak on your behalf regarding the factual situations,such as an expert,engineer or
consultant,then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized
practice of law.
• If you are a corporation,partnership or municipality,then your representative must consider the recent State Bar's Opinion and
could be considered practicing law without a license if he or she is not a licensed attorney. Non-lawyers may present facts but
must not offer legal representation or legal opinion.
If you choose to request an oral presentation please make sure that signatures on the previously submitted Remission Request form and
this Oral Presentation Request form are: 1)for individuals and business owners,your own signature and 2)for corporations,partnerships
and municipalities,signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of law.
Also,be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee is
informed that a violation of the State Bar occurs. This the day of_ . 20
SIGNATURE
TITLE(President,Owner,etc.)
ADDRESS
TELEPHONE
NC Department of Environmental Quality
Division of Air Quality tip' US.POSTAGE-PrmEy
wwEs
1641 Mail Service Center
Raleigh, NC 27699-1641
ZIP
02 4YY60.3 $ 007.820
°N•I:Xx 7019 2280 0000 6.513 5636 0000388244 DEC. 01, 2022
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Return Receipt Requested'— --1S MARTHA REESE
PIEDMONT WOOD PRODUCTS INC lD,/cam-�
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TAYLORSVILLE NC 28681
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