NC0005126_Enforcement_20140616

it and Natural Resources
, 0�
N" 11 P
John E. Skvarla, Ill
Secretary
June 16, 2014
CERTIFIED MNIL 7010 0290 0000 4565 2276
R FTURN' RE CEIPT RIQLE��
Mt. Gregg Wikstrom, Plant Manager
Tyson Foods, Inc.
P.O. Box 158
HaMlOrly, North Carolina 28634
SUBJECT.- Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143 -215 . I (a)(6) and NPDES Perinit No. NCO005126
Harmony Plant WW I'P
11redell County
Case No. IIV-2014-0088
Dear Mr. Wikstrom.:
This letter transmits a Notice of Violation and, assessment of civil penalty in the amount of
$399,:2`2 (S250,00 civil penalty + $149.22 enfi.)rcenient costs) against Tyson Foods, Inc,
This assessment is based upon the folloAlng facts: A review has been conducted of the self -
monitoring data reported for December 2013. This review has shmv-n the, subject facility to be in
violation of the discharge limitations found in NPPE S Permit No. NCO005126. The violations are
summarized in Attachment A to this letter,
Based upon the above facts, I conclude as a matter of law that Tyson Foods, Inc. violated the
terms, conditions, or requirements of NPDES Permit No. NCO005126 and North Carolina General
Statute (G,S.) 143-215. 1 (a)(6) in the manner and extent shown in Attachment A. A civil penalty may
be assessed in accordance with the maximums established by G.S, 143-215.6A(a)(2)
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Enviromnent and Natural Resources and the Director
of the Division of Water Resources, 1. Michael L Parker, Regional Sirpervisor for the Mooresville
Region, hereby rnztke the following civil penalty assessment against Tyson Foods, Inc,.-
MooresOffe Rests al Offire
Locaor, CM East Genter Ave Suite 30', MooresvMe, NC 2,811
Phon (704� 56,,t- 16r ',Fix [phone] �. C; us tomer -SeRtce 1.877- —231 -6 748
Internet bitp:,'Iportil,nrdenr.org"web,,,wq

'-100
For I of the one (1) violation of G. S. 143-215 , I (a)(6) and
NPC)t,� P-eri-nit No. NC00051261 by discharging waste into the
waters of the State, in violai.ion of the permit daily maxiinurn
effluent limit for ammonia,
For - I of the one (1) violation of G.S. 143-215.1(a)(6) and
NPDES Permit o.NC,00051 26, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for amiriorria.
For,---- I - of the one (1) violation of G.S, l43-215A(a)(6 'n
) are
NPIA"S Permit No. NCO005126, by disc harging waste into the
waters of the State in violaLion of the permit rrionthly, average
effluent limit for total nitrogen,
25ty.00 TOTAL CIVIL PENALTY
49,22 F"i-iforcement, costs
39912 TOIAL AMOUNT DUE
Pursuant to G.S. 143-215,6.A(c),, in detenninirg the, amount of the penalty I have taken into account the
Findings of Fact and Conclusions of Lave, and the factors set forth at GS, 14313-2811(b), which are:
(1) The degree and extent ofhartn to the natural resources of the State, to the public health, or to
private property resulting From the violations-,
(2) The duration and gravit-V of the violations'.
(3) 'The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying, the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were corrunittedwillfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs ov�cr which
the Environmental Management Commission has regulatory authority; and
(8) The cast to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the t"ollowing-,
E Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include warrerfi)rT), payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the attention of,
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina, 27699-1617

MH
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 tactoN, listed below
as they, may relate to the reasonableness of the amount of the penalty assessed. Requesting remission
is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of
the factual staternents 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 that no factual or legal issues are in
dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should
be rernitted, and submit it to the Division of Water Resources 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 GS. 14313-2811 (b) were
xvrongffilly applied to the detriment ofthe petitioner-,
(2) whether the violator promptly abated continuing crivironmental damage resulting from
the violation,
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had heart assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent. payment for the rernaimug necessary
remedial actions.
Please note that all information presented in support of your request for remission nIUSt be submitted
in Nwiting. The Director of the Division of Water Resources will review your evidence and inform
you of his decision in the matter of your remission request. 'The response will provide details
regarding case status, directions for payment, and provision for further appeal of the penalty to the
Friv iron mental Management Commission's Corrunittee 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 preptare a
complete and thorough statement in support of your request for remission.
In order to request remission, you must Complete and submit the enclosed "Waiver ref Light to an
Administrative Hearing and Stipulation of Facts" form within thirty (30) days of receipt of this notice.
The Division of Water Resources also requests that you complete and SUbmit the enclosed
"Justification for Remission Request." Both forms should be submitted to the following address. -
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. File a petition for an administrative hearing with the ffive of Administrative Hearings:
If you wish to contest any statement in the attached assessnlent 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)
Z:11
days of receipt of this notice. A petition is considered filed whet) it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts
1�
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 hyfacsimile (fax) or electronic retail by are attached file (with
restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by
NC GS § 15613-212) is receiver in the Office of Administrative Hearings within seven (7) business
days, h.'Alowing the faxed or electronic transmission. You should contact the Office of Administrative
Hearings with all questions regarding the filing fee and,,"or the details of the filing process, The
mailing address and telephone and fax nun-ibers for the Office of Adiiiinistrative Hearings are as
follows:
0 ffi Ice of'Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel- [phone];Fax; (919)4'31-3100
One (1) copy of the petition must also be served on DFINR as follows:
Mr, Lacy` Presriell, General Counsel
D ENN R,
1601 Mail Service Center
Raleigh, NC 27699-1601
Please indicate the case 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 notice, as,
evidenced by an internal date/firne received stamp (Tiot 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. If you have any question,,, about this civil penalty assessment, please
contact staff in the Mooresville Regional Office at (704) 66' )- 1699,
Nlichael L. Park Re icanal Sup, -visor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
ATTACHMEENTS
CC' Mooresville Regional Office Compliance File w/,attachments
Raleigh Compliance/Enforcernent, File AN,/ attachments
Central Files (MSC 1617 -- basement) w/ attachments

ATTACUMENT A
CASE NO. LV-2014-0088
Outfall Date Parameter Reported V alue Permit Limit
001 12/231113 ArrimMlia 315.7 lbs/day* 231.7 lbs/day (Daily maximum)
001, 12/3 1113 Arrimonia 121. lbs/day 1] 5.9 lbs/day (Monthly average)
001 12/3 1 "13 Total nitrogen 148.0 mg,/L 134,0 nig/L (Monthly average)
Denotes civil penalty assessment
The Tyson Foods, Inc. response to NOV-2014-1,,V-0205 received on May 14, 2014, was reviewed
by Division of Water Resources staff. Mitigating fiacfor s were not found to result in a reduced
civil penalty aniount,

STATE OF NORTIJ CAROLINA DEPARTMENT OF ENVIRONMENT
IN THE MATTER OF ASSESSINIENT WAIVER OF RIGHT 1-0 AN
F CIVIL, PFNALTY AGAINST ADMINIISTRATIVE HEARING AND
TYSON FOODS,1INC. STIPULATION OF FACTS
PERMIT NO. NCO005126
FILE NO. LV-2014-0
Having been assessed civil penalties totaling $399.22 for violation(s) as set forth in the
assessment documeaat oftlae Division of Water ReSOUrCeS dated eons 16.2014, the undersigned,
desiring to seek remission of the civil penalties, does hereby waive the right to an administrative
hearing in theabove-stated niatter 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 atust be Submitted to the Director of the Division ision of Water Resources xvitbi )0 plays
of receipt of the notice of assessment, No new evidence in support of a remission request will be
allowed after 0 days from the receipt of the notice of assessment.
This tine
BY
AI DRE SS
TELEPHONE

JUSTIFICATION FOR REMISSION Rf,,',OU ST
DWR Case Number- I.,V-2014-0088
Assessed Party: Tyson Foods, Inc.
County: Iredell
,Permit Number: NCO005126
Amount Assessed: $399.22
Please use this forin, when requesting remission of this civil penalty. You rest also complete the
"Reqy-(,,Lt 17or Remission, Pkaive- (rZ �Ri LzLl� and St 91dation cad` Q an Administrative Haari?qg_
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 evaluating your request for
remission, Please be aware that a request for rernission is linuted to consideration of the 'five factors
listed below as they may relate. to the reasonableness of the arnount 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 docurrient.
Pursuant to N.C.G.S. § 143 B-282 .I( ), rernis',sion of a civil perialty may be granted only when one or
more of the follmN�ing 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 N.vhy the
factor applies (attach additional pages nos needed),
(a) one or more of the civil-_Mn4lty assessment factors in N,C.G,S, 14311-2821-1
Nyrongafully a -- he detriment of the T19 , Y.5 even ed
TRfie4 to tj Ohe ates ftictors are list
in the civil penaltv assessment docunzen);
(b) the via latu.Lpro'
piptl - abated conti es of
---jjqjnL envir-OD mental darna&���ult� -Ln rom the -
violation (i.e., eg)1ain the stelis that you took to correct the violation andprevent
fitture occurrences),'
(c) the violation Nvas inadvertent or a result of an, accident (i,e., e- .7lain wl-It, the violation
was unavoidable or something, ej)�.-Ire
,youeoukinotpreven orpr
(d) the violator had, not been assessed Lyjj naltig� an -pg— -fpt--yTr�vious violatioas;
(e) M,—n!PTA-Q-fthe —Civi eraalt wil trrew crat t air I gtfcT-the remai 'ittig essary r ediki
— -L' -t�q2
q, ctions (i, e., exlVain hoit, payment (,tf the civil penq, ivill prevent youfrom perfbrming
the activities necessary to achieve comphance),
EXPLANATION: (use additional pazes as necessary)

Assessment Factors
The prior record of the violator in complying or failing to comply with programs over which the
Environmental n c ent Commission has regulatory authority; and
Thorn have been 14 previous CPAs for the Tyson Harmony WWTP with no CPAs issued in the past
12 months.
The cost to the State of the enforcement roc d rc .
The coat to the Division of Water Resources i 1 g. .
fiat Michael L. Parker, Regional Supervisor
Water Quality regional Operations Section
Division of Water Resources, NCDEN

(MR) VIOLATIONS Jor*
Report Date; 04/22114 Page: 4 of 6
PERMIT: NC9005126
FACILITY� Tyson Foods Inc - Harmony plant
COUNTY:
Iredell
REGION: Mooresville
Of
Limit Violation
MONITORING OUTFALL]
VIOLATION
UNIT OF
CALCULATED
REPORT PPT
LOCATION PARAMETER DATE
FREQUENCY MEASURE LIMIT
VALUE
% OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
12-2013 001
Effluent Nilro m on, Amonia Total (as 12123113
guanfity
Weekly lba/day 2313
315,7
36,25
Daily Maximum Exceeded
None
N) - Daily
12-2013 001i
lmo
Effluent Nitr on, Amnia Total (as 12/31/13
Weekly Itta/day 115 9�,,/'
121,15
4,53
Monthly Average Exceeded
None
N) uantity Daily
12-2013 001
Effluent Nitrogen, Total (as N) - 12J31/13
Weekly mg/1 134,v/
147 95
10A1
Monthly Average Exceeded
Nonf_
Concentration
PERMIT- NCO024945
FACILITY. Charlotte Mecklenburg Utility Department - Irwin Creek
COUNTY-
Mecklenburg
REGION: MooreSvjlfba�i­'
VVWTP
Limit 61'?"( LQA
C L
MONITORING OUTFALL I
VIOLATION
UNIT OF
CALCULATED
REPORT PPI
LOCATION PARAMETER DATE
FREQUENCY MEASURE LIMIT
VALUE
% OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
12-2013 001
Effluent Copper, Total (as Cu) 12/14113
Monthly u9il 21 V
25
19.05
Weekly Average Exceeded
None
PERMIT, NCQO,89206
FACILITY. Pia ze Incorporated -Church Street remediation site
COUNTY: Mecklenburg
REGION: Mooresville
Limit Violation
MONITORING OUTFALL/
VIOLATION
UNIT OF
CALCULATED
REPORT Pot
LOCATION PAR AMETFR DATE
FREQUENCY MEASURE LIMIT
VALUE
% OVER LIMJT
VIOLATION TYPE
VIOLATION ACTION
12-2013 001
Effluent Solids, Total Suspended - 12119/13
Monthly mg/1 45
51.6 N/
1467
Daily Maximum Exceeded
None
Concentration
12-2013 001
Effluent Solids, Total SUSpended - 12/31/13
Monthly mg/I 30"!
61,6
72
Monthly Average Exceeded
None
Concentration

NPDES D R" Violation Penalty Worksheet
Tyson.._-j. M: low: .
acil� TysoD ember 1 ._.
Previous educed F�enalties. NA
Violations,
Ire + 1 Yes ci E e o
ultiplier Response Comments
response to NOV-2014-LV-0205 was received on May 14, 2014. The response
noted that the "RVAF had been experiencing some nitrification inhibition. In
addition to the toxicity problem, the facility was also dealing with cold water
temperatures. After the source of the toxicity was determined, potential sources
were identified and addressed including better control of chemicals, also during
this period in December 2013 the facility began to utilize break point chlorination
Response and then dec lorination in an effort to reduce ammonia levels. The facility also
Information: spent capitaldesigned to more efficiently use our existing equipment and assets,;
RVAF has also been added mother task to their process control program that was
developed to aid the facility in detecting toxicity earlier in the treatment process.
Additionally, during this time the facility engaged an engineering; firm for the
purpose of designing and implementing an upgrade to the wastewater plant: This
upgrade would create more buffer capacity and therefore enhance the facility's
ability to maintain compliance." �
There was one daily maximum ammonia violation (1 . lbs/day; 36.3%
exceedance of 231. lbs/day)„ one monthly average ammonia violation (121,
DMR !bs/day; 4.° exceedance of 115.9 lbs/day limit), and a monthly average total
Information: nitrogen violation (148 rmg/L, 1 .4% exceedance of 134 mg1L limit). December
2013 DMR acknowledges the violations and notes "we will continue to monitor the
wastewater system to determine the cause of these non -compliances."
Previous
Violation "There were no other violations noted for the WTP in the prior 12 months.
Information:
Other Relevantl
Information:
Proposed Penalty
�.
Penal IOutcome:increase Decrease Same
Final Penalty
Notes:
r
i
i
Page 1 of
Rev, o, 1- /14