WQ0004268_PC-2009-0005_20090219

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'S Form 3800, January 20b1 (Reverse) 102595-01-M-104

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor . Director
February 19, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Laura Mushinski -
Allen Canning Inc.
305 East Main Street
Siloam Springs, AR 72761
SUBJECT: Assessment of Civil Penalties for Violation(s) of
NCAC 15A NCAC 2H. 0224 (a)
PERMIT NO. WQ0010490
Sampson County
Enforcement File: PC-2009-0005
Dear Ms. Mushinski:
Dee Freeman
Secretary
This letter transmits notice of a civil penalty assessed against in the amount of $5,000.00, and $515.55
in investigative costs, for a total of $5,515.55.
Attached is a copy of the assessment document explaining this penalty. This action was taken under
the authority vested in me by delegation from -the Secretary. Any continuing violation(s) may be the subject of
a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural Resources (do
not include waiver form). Payment of the penalty will not foreclose further enforcement action for any
continuing or, new violation(s). Please submit payment to the attention of:
Division of Water Quality
1636 Mail Service Center
Raleigh, North Carolina 2769971636
OR
2. Submit a written request for remission including a detailed justification for such request:
AQUIFER PROTECTION SECTION
225 Green St, Ste. 714
Fayetteville, North Carolina 28301
Phone: [phone] FAX : [phone]\ Customer Service: 1-877-623-6748
Internet www.h20.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer -
NO .hCarohhna
!aturaII

Assessment of Civil Penalty
Allen Canning Inc.
Enforcement File #: PC-2009-0005
Page 2
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
of an Assessment of Civil Penalty is not the proper procedure for contesting whether the violation(s) occurred
or the accuracy of any 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 right 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 the civil penalty should be
remitted, and submit it to the Division of Water Quality at 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.
The Director of the Division of the Division of Water Quality will review your evidence and inform you of his
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 Division of Water Quality also requests that you complete and submit the
enclosed "Justification for Remission Request." Both forms should be submitted to the following address:
Mr. Ed Hardee
Division of Water Quality
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR

Assessment of Civil Penalty
Allen Canning Inc.
Enforcement File #: PC-2009-0005
Page 3
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. You
must file the petition with the Office of Administrative Hearings 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 Office of Administrative Hearings 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 Office. of Administrative Hearings: The petition may be faxed = provided the
original and one copy of the document is received in the Office of Administrative Hearings within five (5)
business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy ofthe petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Please indicate the enforcement file number (as found on page one of this letter) on the petition.
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 for violations that occur after the review period of this assessment.

a
Assessment of Civil Penalty
Allen Canning Inc.
Enforcement File #: PC-1009-0005
Page 4
If you have any questions, please contact the Groundwater staff of the Fayetteville Regional Office at (910)
433-3300.
Sincerely
Steph. Barnhardt
Environmental Regional Supervisor
Fayetteville Regional Office
Attachments
cc: Fayetteville Regional Office w/attachments
Central Office w/attachments

Division of Water 'Quality
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF SAMPSON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
ALLEN CANNING INC.
PERMIT NO. WQ0004268
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC-2009.-0005
Having been assessed civil penalties totaling $5,000.00 for violation(s) as set forth in the assessment -
document of the Division of Water Quality dated, DA I'h, the undersigned, desiring to seek remission
of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated
matter and does stipulate that the facts are as alleged in the assessment document. The undersigned
further understands that all evidence presented in support of remission of this civil penalty must be'
submitted to the Director of the Division of Water Quality within thirty (30) days of receipt of the
notice of assessment. No new evidence in support of a remission request will be allowed after thirty
(30) days from the receipt of the notice of assessment.
This. the day of , 2009.
Signature
ADDRESS
TELEPHONE

o
JUSTIFICATION FOR REMISSION REQUEST
Case Number: PC-2009-0005 County: Sampson
Assessed Party: Allen Canning, Inc.
Permit No. W00004268: Amount assessed: $ 5,515.55
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in determining your request for
remission. 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 any of the factual statements contained in the civil penalty assessment document. By
law [NCGS 133-215.6A(f)] remission of a civil penalty may be granted when one or more of the
following five factors applies. Please check each factor that you believe applies to your case and
provide a detailed explanation, including copies of supporting documents, as to why the factor
applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are
listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent
future occurrences);
(c)
the violation was inadvertent or a result of an accident (i. e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you from
performing the activities necessary to achieve compliance).
EXPLANATION:

o
7
STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
FILE NO. PC-2009-0005
IN THE MAT 1LR OF
ALLEN CANNING, INC.
FOR VIOLATIONS OF PERMIT WQ0004268
FINDINGS AND DECISION AND
ASSESSMENT OF CIVIL PENALTIES
Acting pursuant to North Carolina General Statutes (N.C.G.S.) 143-215.6(A) I, ColeenH.
Sullins, Director of the Division of Water Quality, make the following:
I. FINDINGS OF FACT:
A. Allen Canning, Inc. is a corporation organized and existing under the laws of the State
of North Carolina. Allen Canning, Inc. operates a 415,000-gallon per day wastewater
treatment and spray irrigation disposal system for vegetable cannery located at 5900
Turkey Hwy near Turkey, North Carolina in Sampson County.
B. The facility consists of wastewater collection infrastructure, a 27-acre wastewater
storage lagoon and 100 acres of spray irrigation land that serves the Allen Canning,
Inc. facility.
C. Allen Canning Inc. was issued Permit Number WQ0004268 on August 25, 2006,
with an expiration date of July 31, 2011.
D. Said permit contains the following pertinent conditions:
1. Operations and Maintenance - Condition II. (4). Irrigation shall not be performed
during inclement weather or when the ground is in a condition that will cause
runoff.
2. Operations and Maintenance — Condition II. (5). Adequate measures shall be taken
to prevent runoff from the irrigation field
E. On December 18, 2008 the Division issued a Notice of Violation to Allen Canning
Inc., identifying violations of N.C.G.S. 143-215.1 and Permit No. WQ0004268 for
failing to meet operational standards of Section II (4) by applying wastewater to
saturated site conditions, resulting in runoff observed by Division of WaterQuality
Staff on December 9,.2008. The wastewater was observed flowing across the
surface of the ground from the permitted land application field C-4, then into Mill
Creek.

F. The Notice of Violation was received by Allen Canning Inc., on December 22, 2008
certified mail, return receipt.
G. Staff costs and expenses associated with detecting the violations, defining their
nature and extent and bringing enforcement action totaled $320.66.
II. CONCLUSIONS OF LAW:
A. Allen Canning Inc., is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4).
B. Permit No. WQ0004268 is required by N.C.G.S. 143-215.1. This permit was issued
on August 25, 2006 and expires July 31, 2011.
C Allen Canning Inc., violated N.C.G.S. 143-215.1 and Permit No. WQ0004268 Section
II (4) by applying wastewater to saturated site conditions, resulting in runoff.
D. General Statute 143-215.6A(a)(2) provides that a civil penalty of not more than
$25,000.00 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 N.C.G.S.
143-215.1.
E. General Statute 143-215.3(a)(9) provides that the reasonable costs of any
investigation, inspection or monitoring survey may be assessed against a person who
violates any regulations, standards, or limitations adopted by the Environmental
Management Commission or violates any terms or conditions of any permit issued
pursuant to N.C.G.S. 143-215.1, or special order or other document issued pursuant to
N.C.G.S. 143-215.2.
F. The Director, Division of Water Quality, pursuant to N.C.G.S. 143B-10, has been
delegated authority to assess civil penalties.

Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Pursuant to N.C.G.S. 143-215.6A in determining the amount of the penalty, I have taken into
account the Findings of Fact and Conclusions of Law and considered:all the factors listed in
N.C.G.S. 143B-282.1.
•
•
Accordingly, Allen Canning Inc. shall be, and hereby is, assessed a civil penalty of:
$ 5, 000,00
•
for violation of Permit No.WQ0004268, Operation and
Maintenance Requirements Section II (4) by applying wastewater
saturated site conditions, resulting in runoff.
5,000.00 TOTAL CIVIL PENALTY, which is 20 percent of the maximum
penalty authorized by G.S. 143-216.6A
515.55 Investigation costs assessed
5,515.55 TOTAL AMOUNT DUE
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations
occurring after the assessment period indicated above. Each day of a continuing violation may be
considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties
and investigative cost may be assessed for any other rules and statutes for which penalties have not
yet been assessed.
V. TRANSMITTAL:.
These Findings ofFact, Conclusions of Law and Decision shall be transmitted to Allen
Canning Inc. in accordance with N.C.G.S. 143-215.6(A)(d).
1T
(Date
Coleen H. Sullins, Director,

ENDER: COMPLETE THIS SECTION
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■ Print your name and address on the reverse
so that we can return the card to you.
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or on the front if space permits.
1. Article Addressed to:
ALLEN CANNING INC.
ATTN: MS LAURA MUSHINSKI
305 E. MAIN ST.
SILOAM SPRINGS, AR 72761
COMPLETE THIS SECTION ON DELIVERY
A. Signature
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70b$ i2' :1d; 'obit i661B t'EffB1►i iiiililf 1 i 1
'S Form 3811, February 2004 Domestic Retum Receipt
102595-02-M-154

UNITED STATEWPbgTXa gRVICE-"1 ;A•R.
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• Sender: Please print your name, address, and ZIP+4 in this box •
NC DEPT OF ENVIRONMENT & NATURAL RESOURCES
DWQ-AP SECTION
ATTN: ART BARNHARDT ,
225 GREEN ST, SUITE 714
FAYETTEVILLE NC 28301-5043 FEB 2 7 2009
DENR - FAYEfTE- LE REGIONAL OFFICE
a Irl1['[71[[t!t[ilttr[trIjr(tltlfrr1ttitt[ir[I'[IUIJr�fi:trl

STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
FILE NO. PC-2009-0005
IN THE MATTER OF
ALLEN CANNING, INC.
FOR VIOLATIONS OF PERMIT WQ0004268
FINDINGS AND DECISION AND
ASSESSMENT OF CIVIL PENALTIES
Acting pursuant to North Carolina General Statutes (N.C.G.S.) 143-215.6(A) I, Coleen H.
Sullins, Director of the Division of Water Quality, make the following:
I. FINDINGS OF FACT:
A. = Allen Canning, Inc. is a corporation organized and existing under the laws of the State
of North Carolina. Allen Canning, Inc. operates a 415,000-gallon per day wastewater
treatment and spray irrigation disposal system for vegetable cannery located at 5900
Turkey Hwy near Turkey, North Carolina in Sampson County.
B. The facility consists of wastewater collection infrastructure, a 27-acre wastewater
storage lagoon and 100 acres of spray irrigation land that serves the Allen Canning,
Inc. facility.
C. Allen Canning Inc. was issued Permit Number WQ0004268 on August 25, 2006,
with an expiration date of July 31, 2011.
D. Said permit contains the following pertinent conditions:
1. Operations and Maintenance - Condition II. (4). Irrigation shall not be performed
during inclement weather or when the ground is in a condition that will cause
runoff.
2. Operations and Maintenance — Condition II. (5). Adequate measures shall be taken
to prevent runoff from the irrigation field
E. On December 18, 2008 the Division issued a Notice of Violation to Allen Canning
Inc., identifying violations of N.C.G.S. 143-215.1 and Permit No. WQ0004268 for
failing to meet operational standards of Section II (4) by applying wastewater to
saturated site, conditions, resulting in runoff observed by Division of Water Quality
Staff on December 9, 2008. The wastewater was observed flowing across the
surface of the ground from the permitted land application field C-4, then into Mill
Creek.

F. The Notice of Violation was received by Allen Canning Inc., on December 22; 2008
certified mail, return receipt.
G. Staff costs and expenses associated with detecting the violations,, defining their
nature and extent and bringing enforcement action totaled $320.66.
II. CONCLUSIONS OF LAW:
A. Allen Canning Inc., is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4).
B. Permit No: WQ0004268 is required by N.C.G.S. 143-215.1. This permit was issued
on August 25, 2006 and expires July 31, 2011.
C . Allen Canning Inc., violated N.C.G.S. 143-215.1 and Permit, No. WQ0004268 Section
II (4) by applying wastewater to saturated site conditions, resulting in runoff.
D. General Statute 143-21,5.6A(a)(2) provides that a civil penalty of not more than
$25,000.00 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 N.C.G.S.
143-21.5.1.
E. General Statute 143-215.3(a)(9) provides that the reasonable costs . of any
investigation, inspection or monitoring survey may be assessed against a person who
violates any regulations, standards, or limitations adopted by the Environmental
Management Commission or violates any terms or conditions of any permit issued
pursuant to N.C.G.S. 143-215.1, or special order or other document issued pursuant to
N.C.G.S. 143-215.2.
F. The Director, Division of Water Quality, pursuant to N.C.G.S. 143B-10, has been
delegated authority to assess civil penalties.

Based upon the above Findings of Fact and Conclusions of Law, I makethe following:
III. DECISION:
Pursuant to N.C.G.S. 143-215.6A in determiningthe amount of the penalty, I have taken into
account the Findings of Fact and Conclusions of Law and considered all the factors listed in
N.C.G.S. 143B-282.1.
Accordingly, Allen Canning Inc. shall be, and hereby is, assessed a civil penalty of:
$ 5, 000.00
5,000.00
515.55
for violation of Permit No.WQ0004268, Operation and
Maintenance Requirements Section II (4) by applying wastewater
to saturated site conditions, resulting in runoff.
TOTAL CIVIL PENALTY, which is 20 percent of the maximum
penalty authorized by G.S. 143-216.6A
Investigation costs assessed
5,515.55 TOTAL AMOUNT DUE
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations
occurring after the assessment period indicated above. Each day of a continuing violation may be
considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties
and investigative cost may be assessed for any other rules and statutes for which penalties have not
yet been assessed.
V. -TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Allen
Canning Inc. in accordance withN.C:G.S. 143-215.6(A)(d).
t3ik*zoo
(Date)
Coleen H. Sullins, Director

STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST )
ALLEN CANNING INC. )
PERMIT NO. WQ0004268 )_
Division of Water Quality .
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC-2009-0005
Having been assessed civil penalties totaling $5,000.00 for violation(s) as set forth in the assessment
document of the Division of Water Quality dated, DATE, the undersigned, desiring to seek remission
of the civil penalty, does hereby waive the right ,to- an administrative hearing in the above -stated
matter and does stipulate that the facts are as alleged in the assessment document. The undersigned
further understands that all evidence presented in support of remission of this civil penalty must be
submitted to the Director of the Division of Water Quality within thirty (30) days of receipt of the
notice of assessment. No new evidence in support of a remission request will be allowed after thirty
(30) days from the receipt of the notice of assessment. -
Thisthe day of , 2009.
Signature
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
Case Number: PC-2009-0005 County: Sampson
Assessed Party: Allen Canning, Inc.
Permit No. WO0004268: Amount assessed: $ 5,515.55
.Please use this foul). when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative"Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in determining your request for
remission. 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 any of the factual statements contained in the civil penalty assessment document. By
law [NCGS 133-215.6A(f)] remission of a civil penalty may be granted when one or more of the
following five factors applies. Please check each factor that you believe applies to your case and
provide a detailed explanation, including copies of supporting documents, as towhy the factor
applies (attach additional. pages as needed).
(a). one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment• of -the petitioner (the assessment factors are
listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation . (i.e., explain the steps that you took to correct the violation and prevent
future occurrences);
(c)
the violation was inadvertent or a result of an accident (i. e., explain why theviolation
was unavoidable or something you could not prevent or prepare for);
(d) the violatorhad not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you from
performing the activities necessary to achieve compliance).
EXPLANATION:

DIVISION OF WATER QUALITY
ENFORCEMENT CASE ASSESSMENT FACTORS
Type: Permit Violations
Non Discharge Permit No. WQ0004268
Violator: Allen Canning Inc.
Regional Office: Fayetteville
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:
There was no assessment of impact to the natural resources, health or property conducted in
association with this violation. Discharges of wastewater generally have a negative impact
on water quality resources. They can range from acute to chronic impacts. This not being
the first documented discharge within the last year, some harm to the state's waters could
have easily occurred from the noncompliant operation of this wastewater system.
2. The duration and gravity of the violation:
The duration unknown but estimated tohave occurred after a 4-hour spray irrigation event where
32,400 gallons of water was reported to have been land applied. Gravity is significant due to
facility personnel being in the area and aware of the runoff but doing anything preventative to
attempt to slow down or contain the discharge.
3. The effect on groundwater. quality:
The effect on the groundwater quality was not measured.
4.. The cost to rectify the damage:
This cost is not being considered.
5. Amount of money saved by noncompliance:
The amount of money saved by noncompliance is unknown.
6. Whether or not the violations were committed willfully or intentionally:
The decision to land apply wastewater and not oversee the event close enough to prevent
runoff is considered to be willful::

7. The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority:
A. May 22, 2008 - Observed discharge from system, EPA conducting enforcement activities
presently.
B. March 4, 2004 — Enforcement case DV-2004-0007. Allen Canning Inc.
Had run off occur in D fields. Total. cost $24,709.14.
C. July 15, 2003 — Enforcement case PC-2003-0320. Allen Canning Inc, had a high
freeboard during the time of inspection but had not reported it to DWQ within the 24
hour time period required by Permit WQ#000426. Total cost $1800.33.
8. Type of violator and general nature of business:
The permittee is a vegetable canning company that supports agribusiness in the eastern North
Carolina region.
9. Violator's degree of cooperation (including efforts to prevent) or recalcitrance:
Allen Canning. Inc. has been very cooperative to date.
10. Mitigating circumstances:
None.
11. Cost to the State of the enforcement procedure:
The cost to the State in bringing about this enforcement action is as follows:
Administrative Costs: $ 100.00
Investigative Costs:
Supervisor : 2 hours $ 70.66
Staff 10 hours $ 294.00 -
Certified Mail 3 @ $ 5.21 /ea. $ 15.63
Mileage 82 miles @ $.43/mile " $ 35.26
Total Investigative Costs $ 415.55
Total Costs $ 515.55

DIVISION OF WATER QUALITY -- CIVIL PENALTY ASSESSMENT
Violator: Allen Canning, Inc.
County: Sampson
Case Number: PC-2009-0005
ASSESSMENT FACTORS
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;
( ) not significant (VI moderately significant ( ) significant ( ) very significant ( ) extremely significant
z) The duration and gravity of violation;
( ) not significant ( ) moderately significant (significant ( ) very significant ( ) extremely significant
3) The effect on ground or surface water quantity or quality or on air quality;
( ) not significant (moderately sign f cant ( ) significant . ( ) very significant ( ) extremely significant
4) The cost of rectifying the damage;
01 not significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant
5) The amount of money saved by noncompliance;
(+/f not significant () moderately significant ( ) significant ( ) very significant ( ) extremely significant
Whether the violation was committed willfully or intentionally;
( ) not significant ( ) moderately significant ((4ignificant ( ) very significant ( ) extremely significant
The prior record of the violator in complying or failing to comply with programs over which the Environmental
management Commission has regulatory authority; and
( ) not significant ( ) moderately significant ( ) significant (ery significant ( ) extremely significant
8) The cost to the State of the enforcement procedures.
( ) not significant (iifmoderately significant
t7T;ovil 2609
Date
scant () extremely significant
Coleen H. Sullins
REMISSION FACTORS
Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner;
Whether the violator promptly abated continuing environmental damageresulting from the violation;
Whether the violation was inadvertent or a result of an accident;
Whether the violator had been assessed civil penalties for any previous violations; and
Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Date
Coleen H. Sullins

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 19, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Laura Mushinski
Allen Canning Inc.
305 East Main Street
Siloam Springs, AR 72761
SUBJECT: Assessment of Civil Penalties for Violation(s) of
NCAC 15A NCAC 2H. 0224 (a)
PERMIT NO. WQ0010490
Sampson County
Enforcement File: PC-2009-0005
Dear Ms. Mushinski:
This letter transmits notice of a civil penalty assessed against in the amount of $5,000.00, and $515.55
in investigative costs, for a total of $5,515.55.
Attached is a copy of the assessment document explaining this penalty. This action was taken under
the authority vested in me by delegation from the Secretary. Any continuing violation(s) may be the subject of
a new enforcement action, including an additional penalty.
Withinthirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural Resources (do
not include waiver form). Payment of the penalty will not foreclose further enforcement action for any
continuing or new violation(s). Please submit payment to the attention of:
Division of Water Quality
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
2. Submit a written request for remission including a detailed justification for such request:
AQUIFER PROTECTION SECTION
225 Green St., Ste. 714
Fayetteville, North Carolina 28301
Phone: [phone] FAX : [phone] Customer Service: 1-877-623-6748
Internet: www.h20.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer
NO1-thCarohna
77atiira li

Assessment of Civil Penalty
Allen Canning Inc.
Enforcement File #: PC-2009-0005
Page 2
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
of an Assessment of Civil Penalty is not the proper procedure for contesting whether the violation(s) occurred
or the accuracy of any 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 right 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 the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a -
--remission request will be approved, the following factors shall be considered:
(1)
(2)
(3)
(4)
(5)
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;
whether the violator promptly abated continuing environmental damage resulting from the
violation;
whether the violation was inadvertent or a result of an accident;
whether the violator has been assessed civil penalties for any previous violations; or
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.
The Director of the Division of the Division of Water Quality will review your evidence and inform you of his
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 Division of Water Quality also requests that you complete and submit the
enclosed "Justification for Remission Request." Both forms should be submitted to the following address:
Mr. Ed Hardee
Division of Water Quality
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR

Assessment of Civil Penalty
Allen Canning Inc.
Enforcement File #: PC-2009-0005
Page 3
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. You
must file the petition with the Office of Administrative Hearings 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 Office of Administrative Hearings 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 Office of Administrative Hearings. The petition may be faxed - provided the
original and one copy of the document is received inthe Office of Administrative Hearings within five (5)
business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Please indicate the enforcement file number'(as found on page one of this letter) on the petition.
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 for violations that occur after the review period of this assessment.

Assessment of Civil Penalty
Allen Canning Inc.
Enforcement File #: PC-1009-0005
Page 4
If you have any questions, please contact the Groundwater staff of the Fayetteville Regional Office at (910)
433-3300.
Sincerely,
Steph:Ty, . Barnhardt
Environmental Regional Supervisor
Fayetteville Regional Office
Attachments
cc: Fayetteville Regional Office w/attachments
Central Office w/attachments

_ 01 /2312009 14:47
(FAX)
P.0011004
305 East Main Street; PO Box 250
Siloam Springs, AR 72761
Phone: [phone], ext 296
Fax: [phone]
E-mail: [e-mail]
To: Stephen Barnhardt, LG
RECEIVE!
JAN232009
DENR-FAYETTE lLLE REGIONAL OFFICE
From: Kathryn Yeager
Fax: [phone]
Pages: 4, including cover page
Phone:
Date: 1/23/2009
Re: Aliens, Inc. NOV Response CC:
0 Urgent x For Review 0 Please Comment 0 Please Reply 0 Please Recycle
• Comments:

01 /2312009 14:47 (FAX) P.002/004
RECEIVED
JAN 23 2009
OENR - FAYEfTEVILLE REGIONAL OFFlCE
January 23, 2009,
Mr. Stephen Barnhardt, L.G.
Regional Aquifer Protection Supervisor
Division of Water Quality
225 Green Street; Suite714
Fayetteville, NC 28301
RE: Notice of Violation NOV-2008-PC-0842
Aliens, Inc. — Turkey, North Carolina (Sampson County)
Permit No. WQ0004268
The purpose of this letter is to respond to the Notice of Violation issued on December 18, 2008
and provide information about the efforts that Aliens, Inc. (Aliens) has made to improve the
performance of the wastewater spray irrigation system at the facility in Turkey, North Carolina.
A December 9, 2008 inspection by the Division of Water Quality (DWQ) identified concerns
with runoff from one portion of Aliens' irrigation field — field C-4. Aliens has taken the
following actions to correct the shortcomings that resulted in the December 9th inspection
concern and improve future operations:
• Immediate actions: As referenced in the inspection report,' Aliens took immediate;actions
to stop the runoff. The spray irrigation was stopped immediately and the facility staff
built a small earthen' berm to stop the runoff. Field C-4 and Field B-3 (which .
contributed to the concern) were rested until December 13, 2008.
• Additional training: On the day of the inspection, the Operator in Responsible Charge
(ORC), Reid Wells, was on vacation.. The back-up ORC, Martin Griess, has moved into
the Plant Manager role. As a matter of company policy, Aliens has decided to move to
having two trained wastewater operators at each production facility, to provide back-up
and more depth in this area. Since Martin Griess' role at the facility has changed, another
Aliens employee will be enrolled in this training to move towards two hands-on, certified
operators at the facility.
• Production curtailment: Raw product intended for processing at the Turkey facility has
been diverted to other company operations so that production (and wastewater
generation) rates could be reduced at the Turkey operation. Specifically, the last day of
Aliens, Inc. I PO Box 250 I 305 E. Main Street I Siloam Springs, AR 72761

01/2312009 14:48 (FAX) P.0031004
Saturday operations was November 8, 2008. Sunday operations have not occurred in
November, December, or January. The plant was shutdown from November 27 through
November 30, 2008. For the month of December, there were only twelve production
days total. This included a shutdown period from December 19, 2008 to January 4,.2009.
On January 5, 2009, the plant began operations for five.days/week, but it is a scaled back
production period (one longer shift rather than two full production shifts). This week, the
plant is transitioning to a four day/week schedule. The scaled back production shift and a
four day/week schedule are anticipated to continue until April to reduce irrigation needs.
during low evapotranspiration months. The reduced production schedule has relieved
pressure on the wastewater storage such that the minimum freeboard levels in the lagoon
have not been exceeded. Further, numerical limits on all areas of the irrigation field have
been met.
• Plans and specifications for a water conservation system: Aliens has evaluated water
usage in the facility and has made changes to the operations to reduce water usage. One
of the major changes, that requires approval by DWQ, is a new wastewater screening
system and provisions for returning screened wastewater back to the plant to flush
gutters. Based on our evaluation, there appears to be a significant amount of water that is
used to move vegetable by-products (such as the snips on beans) out to the screening
system. This fresh water usage would be substantially eliminated with a gutter flush
system using screened wastewater.
• Progress toward permitting of additional irrigation acreage: Aliens has been working on
finalizing plans and specifications, and gaining approvals, for an irrigation system at the
Rowan Road property for an extended period of time. Some major milestones have been
achieved. On January 5, 2009, Aliens received the necessary permit for the wetland
crossings on the pipeline from the United States Army Corps of Engineers. After some
back and forth on administrative issues, the Rowan Road project is apparently set to
begin the Express Review process with a meeting scheduled on January 28, 2009.
Several items will be included in this application process: plans and specifications for the
new wastewater screening system with provisions for the gutter flush system, pump and
pipeline plans to transfer of wastewater to Rowan Road, and detailed plans for the Rowan
Road irrigation system. Aliens is taking the approach of requesting approval of the
additional Rowan Road acreage under the current limitation of 415,000 gallons per day.
This is expected to improve performance at the existing irrigation fields with the ability
to spread the same amount of wastewater over a greater area. There are also plans to
return to DWQ with plans for additional wastewater storage and ultimately a greater
irrigation capacity, with the Rowan Road acreage. The total cost of this project
(including the eventual additional storage) is estimated at $4.1 million, which is a major
investment in wastewater systems at the Turkey facility.
• Improvements on existing irrigation acreage: Once the Rowan Road acreage is approved
and operational, Aliens plans to do extensive work on portions of the fields and to re -
grade sections to eliminate any trenching and otherwise minimize runoff concerns. Some
modifications to the existing fields have been made already, but additional work is also
planned.
Aliens, Inc. I PO Box 250 I 305'E. Main Street I Siloam Springs, AR 72761

0112312009 14:49 (FAX) P.004/004
If you would like to discuss any of these areas, please contact the undersigned at [phone].
Thank you.
Sincerely,
Aliens, Inc.
Laura J. Mushinski, CHMIVI
Director — Environmental .Quality
cc: Joel Shields, DWQ
Martin Griess, Aliens - Turkey
Tommy Langston, Aliens _ Turkey
Reid Wells, Allens — Turkey
Earl Wells, Allens
Kathryn Yeager, Aliens
{
Aliens, Inc. I PO Box 250 I 305 E. Main Street 1 Siloam Springs, AR 72761

February 16, 2009
Allen Canning Company
305 East Main
Siloam Springs, AR 72761
Subject: Facts & Findings
NOV-2008-PC-842
Allen Canning Inc.
Permit No. WQ0004268 .
Sampson County
On December 10, 2008 while conducting a field audit at Allen Canning I observed field C-4 had a
large amount of wastewater runoff running into a ditch, which runs beside Rowan Road. The
ditch runs into Mill Creek, which eventually runs into Six Run Creek. I observed that the spray
irrigation field was saturated from recent rainfall events and the wastewater being applied. The
wastewater followed tracks made by a piece of equipment down to the edge of ,the field and ran
off. An Allen Canning employee was in the field but was not taking action to stop the runoff.
I went to the main office and spoke with Tommy Langston who is the .Allen Canning plant
manager to discuss my findings. Mr. Langston accompanied me to the field and immediately had
the employee that I saw earlier get a tractor and begin making a berm to stop the wastewater
runoff.
I called Reid Wells the ORC later that week to get an idea of the amount of wastewater that had
been applied to C-4. Mr. Wells informed me that a total of 32,400 gallons had been applied over
a four-hour period
r
Allen Canning.has responded to past violations of runoff by stating they were instituting water
managementprograms to cut their water use, and in cases of rainfall ;events and high freeboard
they would curtail or stop production and would not apply when fields when saturated. Allen
Canning was suppose to institute operations and maintenance plansl :to check the fields before
they apply, when they turn the spray irrigation system on to check for equipment failure, several
times while the system is operating, and after the system is shut off. This is to ensure the spray
irrigation system is operating properly, not experiencing mechanical problems, water lines are not
broken, or runoff occurring.
The permit states that the fields are not to be applied to during inclement weather or when the
ground is in a condition that will cause runoff. Die to the condition of the ground and the
likelihood of runoff spray irrigation activities should not have been conducted.
Joel S: Shields
Environmental Specialist
NCDWQAP

OY Meaio RIBS SINCS
!9
z60
• Quality Vegetables •
January 26, 2009
Mr. Douglas F. Mundrick, P.E., Chief
Clean Water Enforcement Branch
Water Protection Division
ATTN: Ms Laurie Jones
U.S. Environmental Protection Agency, Region 4
61 Forsyth Street, S.W.
Atlanta, Georgia 30303-8960
RE: Administrative Order No. CWA-04-2009-4750
Aliens, Inc. — Turkey, North Carolina (Sampson County)
Permit No. WQ0004268
ENR-FRO
The purpose of this letter is to provide the written certification required by Paragraph 13 of '
Administrative Order No. CWA-04-2009-4750 (Order), which is dated December 22, 2008 but
was not received by Allens, Inc. (Aliens) until December 29, 2008, and to provide •information
about the efforts that Aliens has made to improve the performance of the wastewater spray
irrigation system at the facility in Turkey, North Carolina.
According to the Order, on May 22, 2008, representatives of EPA and NCDENR conducted a
Compliance Evaluation Inspection of Allens' Turkey facility and observed discharges from fields
D 10 and D 12 and potential discharges from field D l l into navigable waters of the United States.
Aliens has taken the following actions to correct the reported observations and to improve future
operations:
Actions taken: Aliens reduced daily application rates (see table below, comparing
months prior to, and months after, concerns were raised) and ceased using Fields D-10,
D-11, and D-12 at the end of November of 2008 (prior to receipt of the Order).
Highest Daily Application (Inches)
D-10 D-11 D-12
April 2008 1.90 1.06 1.11
May 2008 1.41 1.08 1.11
June 2008 1.17 0.91 0.93
July 2008 1.18 0.91 0.94
August 2008 1.17 0.89 . 0.93
Aliens, Inc. I PO' Box 250 :1 305 E. Main Street Siloam Springs, AR 72761

® Additional training: As a matter of company policy, Allens has decided to have two
trained wastewater operators at each production facility to provide back-up and more
depth in this area. Since the back-up operator at this facility has moved into
management, another Allens employee will be trained as a certified operator in order to
maintain two hands-on, certified operators at the facility.
• Production curtailment: Raw product intended for processing at the Turkey facility has
been diverted to other company operations so that production (and wastewater
generation) rates can be reduced at the Turkey operation. Specifically, the last day of
Saturday operations at the Turkey facility was November 8, 2008. Sunday operations
have not occurred in November, December, or January. The plant was shutdown from
November 27 through November 30, 2008. For the month of December, there were only
twelve production days total. This included a shutdown period from December 19, 2008
to January 4, 2009. On January 5, 2009, the plant began operations for five days/week,
but it is a scaled back production period (one longer shift rather than two full production
shifts). This week, the plant is transitioning to a four day/week schedule. The scaled
back production shift and a four day/week schedule are anticipated to continue until April
to reduce irrigation needs during low evapotranspiration months. The reduced production
schedule has relieved pressure on.the wastewater storage such that the minimum
freeboard levels in the lagoon have not been exceeded. Furthermore, numerical limits on
all areas of the irrigation field have been met.
• Plans and specifications for a water conservation system: Allens has evaluated water
usage in the facility and has made changes to the -operations to reduce water usage. One
of the major changes, which requiresapproval by NCDENR, is a new wastewater
screening system and provisions for returning screened wastewater back to the plant to
flush gutters. Based on our evaluation, there appears to be a significant amount of water
that is used to move vegetable by-products (such as the snips on beans) through the
gutters_ and out to the screening system. This fresh water usage would be substantially
eliminated with a gutter -flush system using screened wastewater.
• Progress toward permitting of additional irrigation acreage: Aliens does not wish to
discharge into waters of the United States now or in the future. Instead, Allens has been
working .on finalizing plans and specifications, and gaining approvals, for an irrigation
system at the Rowan Road property for an extended period of time. Some major
milestones have been achieved. On January 5, 2009, Aliens received the necessary
permit for the pipeline wetland crossings from the United States Army Corps of
Engineers. After some back and forth on administrative issues with NCDENR, the
Rowan Road project is apparently set to begin the Express Review process with a
meeting scheduled with NCDENR on January 28, 2009. Several items will be included
in this application process: plans and specifications.for the new wastewater screening
system with provisions for the gutter -flush system, pump andpipeline plans for transfer
of wastewater to Rowan Road, and detailed plans for the Rowan Road irrigation system. •
Aliens is taking the approach of requesting approval of the additional Rowan Road
acreage under the current limitation of 415;000 gallons per day. This is expected to
improve performance at the existing irrigation fields with the ability to spread the same
Aliens, Inc. I PO Box 250 I 305 E. Main Street I Siloam Springs, AR 72761

amount of wastewater over a greater area. There are also plans to return to NCDENR
with plans for additional wastewater storage and ultimately a greater irrigation capacity,
with the Rowan Road acreage. The total cost of this, project (including the eventual
additional storage) is estimated at $4.1 million, which is a major investment in
wastewater systems at the Turkey facility.
. Improvements on existing irrigation acreage: Once the Rowan Road acreage is approved
and operational, Aliens plans to do extensive work on portions of the fields and to re -
grade sections to eliminate any trenching and otherwise minimize runoff concerns. Some
modifications to the existing fields have been made already, but additional work is also
planned. Until the appropriate modifications have been made to Fields-D-10, D-11, and
D-12, those fields will not be placed back into service.
Aliens believes that the foregoing actions satisfy the requirements of Paragraph 13 .of. the. Order.
If you would like to discuss any of these actions, please contact the undersigned at (479) 228-
0102.
I certify under the penalty of law that this, document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified'. personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
' persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete.'. I am aware that there are significant, penalties for submitting false information,
including the possibility of fine and imprisonment for knowing violations.
Sincerely,
Allep ,//Inc.
Laura J. Mushinski, CHMM
Director — Environmental Quality
cc: Coleen H. Sullins, Director, NCDENR DWQ
Joel Shields, NCDENR DWQ
Martin Griess, Aliens = Turkey
Tommy Langston, Aliens — Turkey
Reid Wells, Aliens — Turkey
Earl Wells, Aliens
Kathryn Yeager, Allens
Aliens, Inc. I PO Box 250 I 305 E. Main Street Siloam Springs, AR 72761.

Postage
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees
Sent To /
•
Street, Apt. No.; 1
orPOBoxNo. t _ ��rr 1T.
City, State, ZP+4 /
Postmark
Here
/01740
'Michael F. Easley, Governor
William G. Ross Jr., Secretary,
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
• Division of. Water Quality
December 18, 2008
305 East Main Street
Siloam Springs, AR 72761
Subject: Notice of Violation/Notice of Intention to Enforce
NOV-2008-13C-0842
Allen Canning Inc.
Permit No. WQ0004268
Sampson County
Dear Ms. Mushinski:
You are hereby notified that, having been issued a permit for wastewater disposal for the subject facility,
documentation of violation of your permit conditions was provided to the Division of Water Quality.
Violation I: Failure to meet the Operation & Maintenance Standards within Section II (4).
"Irrigation shall -not be performed during inclement weather or when the ground is in a condition -that will
cause runoff'.
On Tuesday December 9, 2008 the NC DWQ during a routnine field inspection observed two areas of
runoff from field C-4. The runnoff residuals ran into a ditch that runs along Rown Road _which runs into
Mill Run Creek which runs into Six Run Creek.
Required Corrective action for Violation I:
Allen Canning Inc. shall insure their spray irrigation fields are not applied upon during inclement weather
or while the fields are not capable of absorbing residuals.
The Division of Water Quality requests that in addition to the specified corrective action above; please
submit the following items on or before January 23, 2008:
NorthCarolina
Naturally
North Carolina DWQ/Aquifer Protection Section 225 Green St./ Suite 714 Fayetteville, NC 28301 • Phone [phone]
FAX [phone] Internet: h2o.enrstate.nc.us Customer Service 1-877-623-6748
An Equal opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

Laura Mushinski
Page 2
December 12, 2008
1. Please respond with a written explanation as to how'violation occurred.
2. In your response, include the steps that are being taken to ensure that this violation does not occur on
any of Allen Canning's spray irrigation fields.
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement
actions for this violation or any past or future violation. Neither does this notice remove you from the
responsibility or liability for failure to comply with any State Rule, State Statue or permitting
requirement. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not
more than $25,000.00 per day per violation.
If you have any questions concerning this matter, please do not hesitate to contact either Joel Shields
(910-433-3332) or myself at (910- 433-3336).
Sincer
Steph 4 arnhar:
Regio ► . giufer Protection Supervisor
cc: Reid Wells, ORC
APS Central Office File
APS FRO File

SENDER: , APLETE THIS SECTION
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
MS. LAURA J. MUSHINKSI
305 EAST MAIN ST.
SILOAM SPRINGS, AR 72761
COMPLETE THIS SECTION ON DELIVERY
A. Signature
X
B. Received by (Printed Name)
gent
Addresse
pate of D,plivet
D. Is delivery address different from item 1? 0 Yes
if YES, enter delivery address below: ❑ No
3. Service Type
❑ Certified Mail 0 Express Mall
❑ Registered 0 Return Receipt for Merchandis
❑ Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee)
❑ Yes
2. - ,
7.001, 2510 00[L.-J 6662•.9380
i� PArrk :RR11 Pahn ia'ry 7nhLji i I i i t1 m ftn.Rn.i.n ao,•oinr
inane nn RR Ie.

UNITED STATES POSTAL SERVICE
FIi t-Cla '.lail
Postage & Fees Paid
USPS
Permit No. G-1O
• Sender: Please print your name, address, and ZIP+4 in this box •
NC DEPT OF ENVIRONMENT & NATURAL RESOURCES
DWQ-AP SECTION
ATTN: ART BARNHARDT RECENED
225 GREEN ST, SUITE 714 t�
FAYETTEVILLE NC 28301 5043 DEC 3 0 2008
OENR- FAYETTEVILLE REGIONAL OFFICE
InIIIIEIII,Ili=I(„n� JIIlJIi,IJ,,,IIJIu �Ifi>>i,i,i&,iIn;!

R G U? MEMORIES S I N C P
ty
• Quality Vegetables •
January 23, 2009
Mr. Stephen Barnhardt, L.G.
Regional Aquifer Protection Supervisor
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28301
RE: Notice of Violation NOV-2008-PC-0842
Aliens, Inc. — Turkey, North Carolina (Sampson County)
Permit No. WQ0004268
RECPIM
JAN 2 6 2009
DDIR-FAYE(IEVILLEREGIOf ALOfFlCE
The purpose of this letter is to respond to the Notice of Violation issued on December 18, 2008
and provide information about the efforts that Aliens, Inc. (Aliens) has made to improve the
performance of the wastewater spray irrigation system at the facility in Turkey, North Carolina.
A December 9, 2008 inspection by the Division of Water Quality (DWQ) identified concerns
with runoff from one portion of Aliens' irrigation field — field C-4. Aliens has taken the
following actions to correct the shortcomings that resulted in the December 9th inspection
concern and improve future operations:
• Immediate actions: As referenced in the inspection report, Aliens took immediate actions
to stop the runoff. The spray irrigation was stopped immediately and the facility staff
built a small earthern berm to stop the runoff. Field C-4 and Field B-3 (which
contributed to the concern) were rested until December 13, 2008.
• Additional training: On the day of the inspection, the Operator in Responsible Charge
(ORC), Reid Wells, was on vacation. The back-up ORC, Martin Griess, has moved into
the Plant Manager role. As a matter of company policy, Aliens has decided to move to
having two trained wastewater operators at each production facility, to provide back-up
and more depth in this area. Since Martin Griess' role at the facility has changed, another
Aliens employee will be enrolled in this training to move towards two hands-on, certified
operators at the facility.
• Production curtailment: Raw product intended for processing at the Turkey facility has
been diverted to other company operations so that production (and wastewater
generation) rates could be reduced at the Turkey operation. Specifically, the last day of
Allens, Inc. I PO Box 250 I 305 E. Main Street I Siloam Springs, AR 72761

Saturday operations was November 8, 2008. Sunday operations have not occurred in
November, December, or January. The plant was shutdown from November 27 through
November 30, 2008. For the month of December, there were only twelve production
days total. This included a shutdown period from December 19, 2008 to January 4, 2009.
On January 5, 2009, the plant began operations for five days/week, but it is a scaled back
production period (one longer shift rather than two full production shifts). This week, the
plant is transitioning to a four day/week schedule. The scaled back production shift and a
four day/week schedule are anticipated to continue until April to reduce irrigation needs
during low evapotranspiration months. The reduced production schedule has relieved
pressure on the wastewater storage such that the minimum freeboard levels in the lagoon
have not been exceeded. Further, numerical limits on all areas of the irrigation field have
been met.
• Plans and specifications for a water conservation system: Aliens has evaluated water
usage in the facility and has made changes to the operations to reduce water usage. One
of the major changes, that requires approval by DWQ, is a new wastewater screening
system and provisions for returning screened wastewater back to the plant to flush
gutters. Based on our evaluation, there appears to be a significant amount of water that is
used to move vegetable by-products (such as the snips on beans) out to the screening
system. This fresh water usage would be substantially eliminated with a gutter flush
system using screened wastewater.
• Progress toward permitting of additional irrigation acreage: Aliens has been working on
finalizing plans and specifications, and gaining approvals, for an irrigation system at -the
Rowan Road property for an extended period of time. Some major milestones have been
achieved. On January 5, 2009, Aliens received the necessary permit for the wetland
crossings on the pipeline from the United States Army Corps of Engineers. After some
back and forth on administrative issues, the Rowan Road project is apparently set to
begin the Express Review process with a meeting scheduled on January 28, 2009.
Several items will be included in this application process: plans and specifications for the
new wastewater screening system with provisions for the gutter flush system, pump and
pipeline plans to transfer of wastewater to Rowan Road, and detailed plans for the Rowan
Road irrigation system. Aliens is taking the approach of requesting approval of the
additional Rowan Road acreage under the current limitation of 415,000 gallons per day.
This is expected to improve performance at the existing irrigation fields with the ability
to spread the same amount of wastewater over a greater area. There are also plans to
return to DWQ with plans for additional wastewater storage and ultimately a greater
irrigation capacity, with the Rowan Road acreage. The total cost of this project
(including the eventual additional storage) is estimated at $4.1 million, which is a major
investment in wastewater systems at the Turkey facility.
• Improvements on existing irrigation acreage: Once the Rowan Road acreage is approved
and operational, Aliens plans to do extensive work on portions of the fields and to re -
grade sections to eliminate any trenching and otherwise minimize runoff concerns. Some
modifications to the existing fields have been made already, but additional work is also
planned.
Aliens, Inc. I PO Box 250 I 305 E. Main Street I ' Siloam Springs, AR 72761

If you would like to discuss any of these areas, please contact the undersigned at [phone].
Thank you.
Sincerely,
Aliens, Inc.
Laura J. Mushinski, CHMM
Director - Environmental Quality
cc: Joel Shields, DWQ
Martin Griess, Allens — Turkey
Tommy Langston, Allens — Turkey
Reid Wells, Allens — Turkey
Earl Wells, Aliens
Kathryn Yeager, Allens
Allens, Inc. PO Box 250 I 305 E. Main Street I Siloam Springs, AR 72761

Permit: WQ0004268"
SOC:
County: Sampson
Region: Fayetteville
Compliance Inspection Report
Effective: 08/25/06 .. Expiration: 07/31/11 Owner: Allen Canning Company
Effective:
Contact Person: William A Williams
Directions to Facility:
System Classifications:
Primary ORC: Michael Reid Wells
Secondary ORC(s):
Expiration:
Facility: Allen Canning Co -Spray System
305 EMain St
Siloam Springs AR 72761
, Title: Phone: [phone]
On -Site Representative(s);
Related Permits:
Inspection Date: 12/10/2008 Entry Time: 09:30 AM
Primary Inspector: Joel Shields
Secondary Inspector(s):
Reason for Inspection: Routine -
Permit Inspection Type: Surface Irrigation
Facility Status: 0 Compliant ■ Not Compliant
Question Areas:
Miscellaneous Questions II End Use -Irrigation
(See attachment summary)
Certification: 986115 Phone: [phone]
Exit Time: 12:00 PM
Phone:
Inspection Type: Field Audit Inspection
Page: 1

Permit: WQ0004268 Owner = Facility: AllenCanning Company
Inspection Date: 12/10/2008 Inspection Type: Field Audit Inspection Reason for Visit: Routine
Inspection Summary:
During my inspection I observed Allen Canning spray irrigating fiel C-4 using a reel pivot. The ground was saturated from
previous rainfall and the field had tracks made by tractors or other heavy equipment that channeled the residual water
from the field directly to a dith that runs beside Rowan Road. This ditch runs into Mill Creek which feeds into Six Run
Creek. I requested that Allen Canning shut down the reel and stay off that field for several weeks. Tommy Langston
(Allen Caqnning Mgr.) was present during my inspection and directed one of his worker to take a front end loader and
dump dirt along the field run off to stop the run off from continuing.
Page: 2

Permit: WQ0004268 Owner - Facility: Allen Canning Company
Inspection Date: 12/10/2008
Inspection Type: Field Audit Inspection Reason for Visit: Routine
Type
Infiltration System
Reuse (Quality)
Activated Sludge Spray:, LR
Single Family Spray; LR !,
Recycle/Reuse
Activated Sludge Spray, HR
Activated Sludge Drip, LR
Single Family Drip
Lagoon Spray, LR
End Use -Irrigation
Are buffers adequate?
Is the cover crop type specified in permit?
Is the crop cover acceptable?
Is,the site condition adequate?
Is the site'free of runoff / ponding?
Is the acreage specified in the permit being. utilized?
Is the application equipment present?
Is the application equipment operational?
Is the disposal fieldfree of limiting slopes?
Is access restricted and/or signs posted during active site use?
Are any supply -wells within the CB?
Are any supply wells within 250' of the CB?
How close is the closest water supply well?
Is municipal water available in the area? -
# Info only: Does the permit call for monitoring wells? •
Are GW monitoring wells located properly w/ respect to RB and CB?
Are GW monitoring wells properly constructed,'including•screened interval?
Are monitoring wells damaged?
Comment: Run off coming from field C-4.
Yes No NA NE
❑ :
Q.
0
0
0
0
0
■
Yes No NA NE
■❑❑❑
:• '❑ ❑ Q
■❑❑❑.
■ O ❑ ❑
. ❑ ■ ❑ ❑
■ Q❑•❑
■❑❑Q
IIi0Q❑
■ ❑ ❑ ❑
■ ❑ Q ❑ ,
❑ ❑•❑ ■
❑❑Q■..
❑ QQ■.
❑ Q ❑ ■
4
o❑•a■•.
❑ ❑,-❑ ■•
-❑`❑❑■
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Page: 3

J�,iev S.
1.
� � gni YZ REGION 4
'��' Q REGION
CENTER
1.FtiT-,< aao1Eo61 FORSYTH STREET
�\o ATLANTA, GEORGIA 30303-8960
UNITED STATES ENVIRONMENTAL PROTECTOON AGENCY
[EC 2 2 2008
CERTIFIED MAIL 7008 1140 0002 7576 5425
RETURN RECEIPT REQUESTED
Ms. Coleen H. Sullins
Director, Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Re: Administrative Order No. CWA-04-2009-4750
Allens, Incorporated
Turkey, North Carolina
Dear Ms. Sullins:
DENR-FRO
JAN 0 5 20009
DWQ
Pursuant to Sections 308 and 309(a) of the Clean Water Act (CWA), 33 U.S.C. §§ 1318
and 1319(a), I have determined that the above -referenced facility is in violation of Section 301(a).
and 402 of the CWA, 33 U.S.C. §§ 1311(a) and 1342. As a result, I have issued an
Administrative Order (AO), a copy of which is enclosed for your reference. The AO is presently
being served. Also enclosed, is a copy of the Compliance. Evaluation Inspection performed at the.
site.
Enclosures
Sincerely,
mes D. Giattina
Director
Water Protection Division
Internet Address (URL) o http://www.epa.gov
Recycled/Recyclable o Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer)

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY'
REGION 4
ATLANTA FEDERAL CENTER
61 FORSYTH.STREET
ATLANTA, GEORGIA 30303-8960
DEC 2 2 2008
CERTIFIED MAIL 7008 1140 0002 7576 5418
RETURN RECEIPT REQUESTED
Mr. Tommy Langston
Plant Manager
Allens, Incorporated
5900 Turkey Highway
Turkey, North Carolina 28393-9703
Re: Administrative Order No. CWA-04-2009-4750
Allens, Incorporated
Turkey, North Carolina
Dear Mr. Langston:
On May 22, 2008, the U.S. Environmental Protection Agency (EPA), Region 4 and the
North Carolina Department of Environment and Natural Resources.(NCDENR) performed a
Compliance Evaluation Inspection (CEI) of your facility known as Allens, Inc. in Turkey, North
Carolina (Facility). This inspection was to evaluate the Facility's compliance with the treatment
and disposal of wastewater in accordance with the requirements of Sections 301 and 402 of the
;Clean Water Act (CWA), 33 U.S.C. §§ 1311 and 1342, the regulations promulgated thereunder
at 40 Code of Federal Regulations § 122.26, and the North Carolina General. National Pollutant
Discharge Elimination System Permit No. NCG500004 (Permit), effective August 1, 2007, with
an expiration date of July 31, 2012. The CEI revealed that Allens, Inc. failed to comply with the
requirements of the CWA as outlined in the enclosed CEI and Administrative Order (AO).
As a result of the CEI and pursuant to Sections 308 and 309(a) of the CWA, 33 U.S.C.
§§ 1318 and 1319(a), the Director of the Water Management Division, EPA Region 4, has
determined that Allens, Inc. is in violation of Section 301(a) and 402 of the CWA, 33 U.S.C.
§§1311 and 1342. As a result, the Director has issued the enclosed AO.
This AO does not replace, modify or eliminate any other requirement of the CWA or the
Permit. Notwithstanding the issuance of this AO, EPA retains theright to bring further
enforcement action under Sections 309(d) or 309(g) of the CWA, 33 U.S.C. §§ 1319(d) or
1319(g), for the violations cited therein or for any other violation of the CWA. Violations of the
CWA, including requirements contained in a National Pollutant Discharge Elimination System
(NPDES) permit or an AO issued under Section 309(a) of the CWA, remain subject to a civil
penalty of up to $32,500 per day for each violation, pursuant to Sections 309(d) or 309(g) of the
CWA, 33 U.S.C. §§ 1319(d) or 1319(g), as amended by the Civil Monetary Penalty Inflation
Adjustment Rule, 69 Fed. Reg. 7121 (February 13, 2004). Such violations may also be subject to
criminal penalties pursuant to Section 309(c) of the CWA, 33 U.S.C. § 1319(c).
Internet Address (URL) e http://www.epa.gov
Recycled/Recyclable a Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer)

In order to resolve Allens, Inc.'s liability for civil penalties, EPA is offering you the
opportunity to discuss the violations in the AO. EPA requests that you contact Ms. Laurie Jones
of my staff, at [phone] within fifteen (15) days of receipt of this letter to make
arrangements for representatives. of Allens, Inc. to discuss the violations and EPA's possible
enforcement action. • In lieu of appearing in EPA's office for this meeting, a telephone,conference
may be scheduled. The representatives should be prepared to provide all relevant information
with documentation pertaining to the violations. You have the right to be represented by legal
counsel. Failure to appear may result in enforcement action against Allens, Inc.
Enclosed is a document entitled U.S. EPA Small Business Resources -Information Sheet
for your use and to assist you in understanding the compliance assistance resources and tools
available to you. However, any decision to seek. compliance assistance at this time does not
relieve you of your obligation to EPA, does not create any new rights or defenses, and will not
affect EPA's decision to pursue enforcement action.- In addition, the Securities and Exchange
Commission (SEC) requires its registrants to periodically disclose environmental legal
proceedings in statements filed with the Commission. To assist you, EPA has also enclosed a
document entitled Notice of Securities and Exchange Commission Registrants' Duty to Disclose
Environmental Legal Pi oceedings.
Should you have any questions concerning"the requirements contained in the enclosed
AO, please contact Ms. Laurie Jones at [phone], or you may address written comments to
her at the address on the letterhead. Legal inquiries should be directed to Mr. Wayne Lee,
Associate Regional Counsel, at [phone].
Sincerely,
Dour, . . Mundrick, P.E., Chief
Clea ; ter Enforcement Branch
Wate otection Division
Enclosures
cc: - North Carolina Department of Environment
and Natural Resources, Division of Water Quality ✓
Ms. Belinda Henson, Fayetteville Regional Office, NCDENR

UNITED STATES ENVIRONMENTAL PROTECTION. AGENCY
REGION 4
IN THE MATTER OF:
ALLENS, INCORPORATED
TURKEY, NORTH CAROLINA
) ADMINISTRATIVE ORDER
) DOCKET NO. CWA-04-2009-4750
ADMINISTRATIVE ORDER
I. Statutory Authority
1. Section 309(a) of the Clean Water Act ("CWA"), 33 U.S.C. § 1319(a), provides
that, whenever the U.S. Environmental Protection Agency ("EPA") finds that any person is 'in
violation of any condition or limitation which -implements, inter alia, Section 301(a) and 402 of
the CWA, 33 U.S.C. §§ 1311(a) and 1342, EPA may issue an order requiring such person to
comply with such condition or limitation, and shall specify a time for compliance that EPA
determines to be reasonable.
2. The following Findings are made and Order issued pursuant to the authority
vested in EPA by Section 309(a) of the CWA, 33 U.S.C. § 1319(a), as amended. This. authority
has been delegated to the Regional Administrator of EPA Region 4, and further delegated by the
Regional Administrator to the Director of the Water Management Division, EPA, Region 4.
II. Findings
3. Allens, Inc., ("Allens") is a corporation duly organized and existing under the
laws of the State of North Carolina and, therefore, is a "person" within the meaning of Section
502(5) of the CWA, 33 U.S.C.. § 1362(5).
4. At all times relevant to this action, Allens owned and/or operated a vegetable
canning facility located at 5900 Turkey Highway in Turkey, North Carolina.
5. To accomplish the objective of the CWA, defined in Section 101(a) of the CWA,
33 U.S.C. § 1251(a), to restore and maintain the chemical, physical and biological integrity of the
nation's waters, Section 301(a) of the CWA, 33 U.S.C. § 1311(a), prohibits the discharge of
pollutants by any person into waters of the United States except as in compliance with a National
Pollutant Discharge Elimination System ("NPDES") permit issued pursuant to Section 402 of the
CWA, 33 U.S.C. § -1342.
6. Section 402 of the CWA,.33 U.S.C. § 1342, establishes an NPDES Permit
Program authorizing EPA or authorized states to administer the NPDES Permit Program,
including the issuance of NPDES permits allowing for the discharge of pollutants into navigable

2
waters subject to specific tenns and conditions. EPA has granted the State of North Carolina,
through the Department of Environment and Natural Resources ("NCDENR"), approval to issue
NPDES permits pursuant to Section 402(b) of the CWA.
7. • The NCDENR issued NPDES General Permit # NCG500004 to Allens for its
non -contact cooling water, boiler blowdown, 'and cooling tower blowdown, which is effective
August 1, 2007, through July 31, 2012; and a non -discharge surface irrigation system permit,
Permit # WQ0004268 for its process wastewater effluent which is effective August 25, 2006,
through July 31, 2011.
8. On May 22, 2008, representatives of EPA in conjunction with representatives of
NCDENR conducted a Compliance Evaluation Inspection (CEI) of Allens. The purpose of the
CEI was to evaluate their compliance with the CWA and the regulations promulgated thereunder.
9. During the CEI, EPA observed discharges from landapplication sprayfields. The
specific observations are as follows:
A. Water was observed ponding in two sprayfields, identified as Fields D10
and D 12 in Figure 2 of the enclosed inspection report, and then
overflowing into a vegetated area separating the two sprayfields from Mill
Branch. The effluent was then observed discharging into Mill Branch.
B. Mill Branch flows into Six Runs Creek which flows into the Black River.
The Black River is a navigable water of the United States.
C. In addition, evidence indicates that a potential discharge into Mill Branch
could have occurred from an.additional sprayfield, Field Di l in Figure 2
of the enclosed inspection report.
10. As a result of the CEI, EPA Region 4 determined that runoff from their land.
application sprayfields wasdischarged to navigable waters of the United States.
11. At the time of the CEI, Aliens had not obtained coverage under the NCDENR
Permit for discharges associated with their land application sprayfields.
12. Therefore, Allens has violated Sections 301 and 402 of the CWA, 33 U.S.C.
§§ 1311 and 1342, by discharging land application waters without pexuiit coverage.
III. Order
13. Based on the foregoing Findings and pursuant to the authority of Sections 308
309(a) of the CWA, 33 U.S.C: §§ 1318 and 1319(a), IT IS HEREBY ORDERED that Allens
comply with the following requirements: .

3
A. Within seven (7) calendar days of receipt of this Order, cease all
unpermitted discharges from land application sprayfields D10, D11, and
D12; and
B. If Aliens wishes to discharge into waters of the United States in thefuture,
submit an application for NPDES permit coverage of discharges from land
application sprayfields D10, D11, and D12 within fifteen (15) calendar
days of receipt of this Order.
C. Within thirty (30) calendar days of the date of receipt of this Order,
provide written certification that the requirements of this Paragraph 13
have been met.
14. Allens may submit a request for any extension of time to comply with the
requirements of.this Order in writing. Such request must include the reasons for the extension
- request and a date when compliance will be achieved. Any extension must be approved by EPA
in writing to be effective.
15. All reports, notifications., documentation, and submittalsrequired by this Order
shall be signed by. a duly authorized representative of Allens as specified by 40 C.F.R.
§§ 122.22(b)(2) and (d) and shall include the following statement:
"I certify under the penalty of law that this document and all attachments were
prepared undermydirection or. supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for knowing
violations."
16. . All reports, notifications, documentation, and submittals required by this Order
shall be sent by certified mail or its equivalent to the following addresses:
Douglas F. Mundrick, P.E., Chief
Clean Water Enforcement Branch
Water Protection Division
ATTN: Ms. Laurie Jones
U.S. Environmental Protection Agency, Region 4
61 Forsyth Street, S.W.
Atlanta, Georgia 30303-8960
and

•
Coleen H. Sullins, Director
Division of Water Quality
North Carolina Department of Environment and Natural Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
IV. General Provisions
17. Failure to comply with the requirements herein shall constitute a violation of this
Order and the CWA, and may subject Aliens to penalties as provided in Section 309(d) of the
CWA, 33 U.S.C. § 1319(d).
18. This Order shall not relieve Allens of its obligation to comply with all applicable
provisions of federal, state or local law, nor shall it be construed to be a ruling on; or
determ.ination.o.f, any issue related to any other federal, state or local permit. Compliance with
this Order shall not be a defense to any actions subsequently commenced pursuant to federal laws
and regulations administered by EPA.
19. Nothing in this Order shall be construed as prohibiting, altering, or in any way
limiting the ability of the United States to seek any other remedies or sanctions available by
virtue of Aliens' violation of this Order or of the statutes and regulations upon which this Order
is'based, or for Allens' violation of any other federal or -state statute, regulation or permit.
20. Nothing in this Order is intended to nor shall be construed to operate in any way
to resolve any criminal liability of Aliens, or other liability resulting from violations that were not
alleged in this Order. The United States does not waive any right to bring an enforcement action
against Aliens for violation.of any federal or state statute, regulation or permit, to initiate an
action for imminent and substantial endangerment, or to pursue criminal enforcement.
21. This Order applies to and is binding upon Alleris and its officers,: directors,
employees, agents, successors and assigns.
22. Any change in the legal status of Aliens, including but not limited to any transfer
of assets of real or personal property, shall not alter Aliens' responsibilities under this Order.
23. Pursuant to Section 309(a)(4) of the CWA, 33 U.S.C. § 1319(a)(4), EPA has sent
a copy of this Order to the State of North Carolina.
24. The provisions of this Order shall be deemed satisfied upon a determination by
EPA that Aliens has fully completed and implemented the actions required by this Order.

5
V. Effective Date
25. The effective -date of this Order shall be;the date upon which it is received by
Allens.
IT IS SO ORDERED,
BY THE U.S ENVIRONMENTAL PROTECTION AGENCY, REGION 4:
Date: December 22, 2008
es D.'Giattina
irector
Water Protection. Division

' EPA
United States Environmental Protection Agency
Washington, D.C. 20460
Water Compliance Inspection Report
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Facility. Type
N NCG500004 08/05/22 C J 2 .
- Remarks
•
Inspection Work Days Facility Self Monitoring Evaluation Rating B 1 QA Reserved
0.25 . - n/a
Section B: Facility Data
Name and Location of Facility Inspected (For industrial users discharging to
POTW, also include POTW name and NPDES permit number)
Aliens, Incorporated
5900 Turkey Highway
Turkey, North Carolina 28393-9703
Entry Time/Date
5/22/08, 9:00 am
Exit Time/Date .
5/22/08, 11;00am
Permit Effective Date
8/1/07
Permit Expiration Date
7/31/12
Names of On -Site Representative(s)/Title(s)/Phone and Fax No's
Mr. Tommy Langston, Plant Manager
[phone] x101 •
Fax: [phone] •.
Other Facility Data (e.g., SIC NAICS, and other
descriptive information)
GPS Coordinates N, 34° 58'34.1
W, 78 ° 13'02.0
Near manure storage or largest.confinement
building.
Name, Address of Responsible Official/Title/Phone and Fax No's
Mr. Tommy Langston, Plant Manager
(910) 596-002,8 x101
Address is the same as facility address above •
Contacted
X Yes _ No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
X
Permit
Self -Monitoring Program
Pretreatment
MS4
X
Records/Reports
Compliance Schedules .
Pollution Prevention
X
Facility Site Review
Laboratory
Storm Water
X
Effluent/Receiving Waters
X
Operations & Maintenance
Combined Sewer Overflow
Flow Measurement ,
Sludge Handling/Disposal
Sanitary Sewer Overflow
t Section D: Summary of Findings/Comments
(Attach additional sheets of narrative and checklists, including Single Event Violation codes, as necessary)
SEV Codes SEV Description
Name(s) and Signature(s) of Inspector(s)
D id Parker
a .Q �
Agency/Office/Phone and Fax Numbers
U.S. EPA/Region 4/[phone]/[phone] (fax)
Date
11/4/oa
Sign ure
Manag nt QA Reviewer
Agency/Office/Phone and Fax Numbers 409-Ch
uS. 'i t4 404-SU 9744 -+ 4
Date
i111/4P
EPA Form 3560-3 ( ) revious editions are obsolete
Rev 1-06

Allen Canning Inspection Report
On May 22, 2008, EPA, Region 4 inspector David Parker and Joel Shields of North
Carolina Department of Environment and, Natural Resources (NC DENR) conducted an
unannounced inspection of Allens, Inc., in Turkey, North "Carolina. Mr. Parker began the
inspection by presenting his EPA Credentials to the Plant Manager. EPA was the lead
Agency in this inspection.
Inspection Participants:
Mr. Tommy Langston, Allens, Inc., Plant Manager
Telephone: [phone], x10l
Mr. Reed Wells, Aliens, Inc., Environmental Manager
Telephone: [phone]
Mr. Joel Shields, Inspector, North Carolina Dept. of Environment & Natural Resources
Telephone: [phone]
•
David Parker, Chief, Eastern Enforcement Section, USEPA Region
Telephone: [phone]
Background:
Aliens, Inc., is a vegetable cannery which has a NPDES General Permit issued by NC
DENR (NCG500004 effective August 1, 2007 through July 31, 2012) for its non -contact
cooling water, boiler blowdown, and cooling tower blowdown. Allens, Inc.,: also has a
non -discharge surface irrigation system permit for its process wastewater effluent issued
by NC DENR (WQ0004268 effective August 25, 2006 through July 31, 2011).
This inspection was conducted as a result of observations made by EPA staff on May 21,
2008, when a potential discharge was observed from a land application sprayfield
operated by Allens, Inc. This potential discharge was documented by means of aerial
photography and is shown in Figure 1 (DSC_1'-138.jpg)

Figure 1 (DS_1138.jpg)
Inspection Findings:
Plant officials guided the EPA and State inspectors through the Cannery's water use in
the cooling water permitted discharge and the separate canning process wastewater
treatment process flow. See Figure 2 for process flow information (document provided
by Allens Inc.).
•
Figure 2
,..,,
.......
Cr eeK
,...... •..
'.,: •'' ...: ' ..;•-:..)..:;......4 ''. i'
i. -• , •••••• . • ....,;:r - r ' • :'..:
4-e-r
-g.'"''''''-''''''-'-`"`"."' ' •-•.v.,.......,. .,:.a.n.rn.C.,..,-.
e',1),4 •... • . .., '
.. ,
.. .
-Nf...
*11(
t.-i: • :
n ' •••• ,l,
nIsil &Zvi,

The cooling tower discharge effluent (NPDES permitted outfall) was found to flow
according to Figure 2, from the plant through a ditch toMill Branch. The_ canning
process wastewater, which is permitted by. the State of North Carolina through a non -
discharge,_
land application, permit, was found to flow through the two -stage lagoon
before being pumped out to the fields for land application'.
Figure 3-(P5220041) shows the upper (smaller) lagoon and Figure 4 (P5220048)
illustrates ;the lower (larger) lagoon.
Figure 3 (P5220041)
Figure 4 (P5220048)

Figure 5 (P5220050) shows the pumping equipment used to transfer effluent from the
lower lagoon to' the spray pumps shown in Figure 6 (P5220058) which are used to spray
the effluent on the fields.
, Figure 5 (P5220050)
Figure 6 (P5220058)

While inspecting the land application operation, it was noted,that discharges were
observed from Fields D10 and D12, and evidence indicated;that a potential. discharge
could have occurred in Field D11.
Figure 7 shows effluent running across Field-D1O in channel flow: The water was
flowing, down to the bottom ,of the, slope..
Figure 7 (P5220064)

Figure 8 (P5220069) shows the water ponding in Field D10 as a result of the flow
illustrated in Figure 7. Figure 9 (P5220070) shows the effluent overflowing from the
ponding area into the vegetated area separating Field D10 from Mill Branch.
Figure 8 (P5220069)
Figure 9 (P5220070)

Figure 10 (P5220077) shows the effluent flowing in —a channel from the ponding.•area in
Field D10 through the vegetated area separating Field D10 from Mill Branch. Figure 11
(P5220084) shows where the effluent from Field D10 discharges into Mill Branch.
Figure 10 (P5220077)
Figure 11 (P5220084)

Figure 12 (P5220089) shows similar effluent flow through Field D12 and ponding.
Figure 12 also shows where the effluent was found to leavethe field by means of a
discharge channel and enter a vegetated area separating Field D12 from Mill Branch.
Figure 12 (P5220089)

, Figure 13 (P5220090) and Figurel4 (P5220096).show the channelized effluent flow
through the vegetated area separating Field D12 from Mill Branch.
Figure 13 (P522009.0)
Figure 14 (P5220096)

Figure 15 (P5220097) shows where the effluent flow through the vegetated area
bordering Field D12 enters Mill Branch.
Figure 15 (P5220097)
Figure 16 (P5220101) shows Mr. Reed Wells, Allens Environmental Manager beside the
effluent flow from Field D12 just prior to its entry into Mill Branch.
Figure 16 (P5220101)

Figure 17 (P5220102) shows Mill Branch just upstream of the discharge from Fields D10
andD12.
Figure 17 (P5220102)
Figure 18 (P5220120)illustrates the confluence of Mi11 Branch and Six Runs Creek.
Figure 18 (P5220120)