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Home My WebLink AboutAQ_F_0900066_20200302_ENF_CPACover ROY COOPER Q Governor MICHAEL S.REGAN Secretary MICHAELA.ABRACZINSKAS Director NORTH CAROLINA Environmental Quality CERTIFIED MAIL RETURN RECEIPT REQUESTED 7019 1120 0002 0066 0704 March 1, 2020 Mr.John Sargent, General Manager- South Central Region Smithfield Hog Production-Bladenboro Feed Mill PO Box 759 Rose Hill,NC 28458 SUBJECT: Civil Penalty Assessment for Violation(s) 2D .1111 Maximum Achievable Control Technology NCGS 143-215.108 Control of sources of air pollution;permits required. File No.: DAQ 2019-091 Violator: Smithfield Hog Production-Bladenboro Feed Mill County: Bladen Facility ID: 0900066 Dear Mr. Sargent: This letter transmits notice of civil penalty assessed against Smithfield Hog Production-Bladenboro Feed Mill in the amount of $3,000 and$398 investigative costs, for a total of$3,398. Enclosed is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by the delegation pursuant to North Carolina General Statutes (NCGS) 143-215.114A(d). Any new or continuing violation(s)may be the subject of a new enforcement action,including additional penalty. You must take one of the three actions outlined below within thirty (30)days from the date of receipt of this letter. Please be advised that if you fail to exercise one of the following options within thirty(30)days, you will lose your right to appeal or contest this case and your case will be forwarded to the Attorney General's Office for collection. 1. Submit payment of the penalty: Payment should be made directly to the order of the North Carolina Department of Environmental Quality (NCDEQ). When submitting payment,please reference your DAQ case number on your check to insure proper posting. Please do not include the attached waiver form when submitting payment.Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of- Enforcement Group-Payment Department of Environmental Quality Division of Air Quality 1641 Mail Service Center Raleigh,NC 27699-1641 11 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 riori aRau an F5.. v E ,�! 919.707.8400 T Oeperhnd�P.oP Fmlmrcmngl Ouslity Mr. Sargent March 1, 2020 Page 2 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. OR 2. Submit a written request for remission including a detailed justification for such request: 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 the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your rigfit to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe civil penalty should be remitted,and submit it to the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)were wrongfully applied to the detriment of the violator; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator has been assessed civil penalties for any previous violations;or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. If you choose this option,do not send in payment at this time. The Director of the Division of Air Quality (DAQ)will review your evidence and inform you of his/her decision in the matter of your remission request. The response will provide details regarding the case status,directions for payment,and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore,it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission,you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form within thirty(30) days of receipt of this notice. The DAQ also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Enforcement Group-Remission Department of Environmental Quality Division of Air Quality 1641 Mail Service Center Raleigh,NC 27699-1641 Mr. Sargent Page 3 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an 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 petition may be filed by facsimile(fax)or electronic mail by an attached file(with restrictions) -provided the signed original, one(1)copy and a filing fee(if a filing fee is required by NCGS §150B-23.2)is received in the OAH within seven(7)business days following the faxed or electronic transmission. You should contact the OAH with all questions regarding the filing fee and/or the details of the filing process. The mailing address,telephone number, and facsimile number for the OAH are 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 NCDEQ as follows: William F. Lane, General Counsel North Carolina Department of Environmental Quality 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 an 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. If you have any questions concerning this matter,please contact Thaochi Vu at 919-707-8433. Sincerely' &Y-7 G�l �I l &. u Michael A.Abraczinskas,Director Division of Air Quality,NCDEQ Enclosures:Assessment Document cc: Heather Carter,Regional Supervisor Fayetteville Regional Office Enforcement File(DAQ 2019-091)