NC0005126_Enforcement_20190221

y
ROY COOPERmot,
MI HAEL, S. REGAN
Secretary
olmctor EnwronmenratQV41hy
March, 2019
GreggWikstrom, Plant Manager
Tyson Farms Inc
PO Box 158
Hannony, NC 28634-0158
Subject. Payment Acknowledgement for Civil Penalty Assessment
Tyson Farms, Inc.
runty T.rcdll
Permit NC0005126
Case No. LV-200-0043
Dear Mr. ikstrom
This letter is to acknowledge receipt of Check No, 1005947469 in the amount of 11 .38 received from you date,
/ 7/ tit � This payment satisfies in fill the civil assessment levied against the subject`facility and this case has been
chased. Payment of this penalty in no way precludes future action by this Division for additional violations of the
applicable statutes, regulations, or permits.
If you have any questions, please call Wren Thedford at 919-707-3601.
Sincerely,
aj;� "
Wren T hed ore
Administrative assistant
Water Quality Permitting Section
Mooresville Regional Office Supervisor
Nor'thCat*Orh rartmeat of nVtr nmeat )Qualty I DbAtbnofWaterAe �nr
Z�QE Q r 3 +anal Offiva ( Center Av*nve,a;rat 3011 MoorezvAle, North Ceiroline 2,310

IY COOPER
GMTmor
MI AEA S. REGAN
tlrm't
r
March 14,2019
Gregg Wikstro , Plant Manager
Tyson Farmshic
PO Box 158
Harmony, NC 28634-0158
Subject. Payment Acknowledgement for Civil Penalty Assessment
Tyson Farms, Inc.
Comity Iredell
Permit NCO005126
Case No. - fl 1 -004
Dear Mr, id ikstrom
This letter is to acknowledge receipt of Check No. 1005947469 in the amount of $811.38 received from you dated,
2/7 1 . This payment satisfies in full the civil assessment levied against the subject "facility and this case has been
closed, Payment of this penalty in no way precludes future action by this Division for additional violations of the
applicable statutes, regulations, or permits.
If you have any questions, please call Wren Thedford at 19-707-360 .
Sincerely;
A;�"
Wren Thedforri
Administrative ,assistant
Water Quality Permitting Section
e . Enforcement File # IN-201 -004
Mooresville Regional Office Supervisor
i h t rr Cr ttr rat i Brewer rrt t i � tltDivM10a of Water ReSOVIVaS
RE h ar wJ Regio,rtaiOf i I Bin East CenterAverme,SvIe 1 1.1wr w e, North wha 11
�90'75
T 3-1V�

DMR REVIEW RECORD
Mooresville Regional Office
racully I-4ame:
Permit Number: NCO005126
Report Period-, November 2018
Prior Assessments:
-Li
Enforcement Factor: -LO-0
Watertiody
Oulfall Outfall Description
Waterbody Name
Classification
001 Effluent to Hunting Creek
Hunting Creek
WS-111
Monthly Average Limit Violations
Sample Location: Outtall 001 - Effluent
Violation
Unit of
Limit
Calculated
% over
Dato Parameter
F
meaaxore
Value
Value
Limit
Action
1113012018 BCD, 5-Day (20 Deg. C) - Quantity
3 X week
ItisIday
281.40
461,90
64.1
Daily
Daily Limit Violations
Sample Location: Outfall 001 - Effluent
Violation
Unit of
Limit
Calculated
% Over
Date Parameter
Frequency
Measure
Value
Value
Limit
Action
1111012018 BOO, 5-Day (20 Deg, C) - Quantity
3 X week
lbsiday
562,80
569
1 1
Daily
11/1412018 BOD, 5-Day (20 Deg, C) _Quantity
3 X week
lbsiday
562.80
988,90
751
Daily
11115/2018 BOD, 5-Day (20 Deg. C) - Quantity
3 X week
lbs/day
562.80
803.40
42.8
Daily
47z)
11 i 18/2018 BOD, 5-Day (20 Deg, C) - Quantity
3 X week
lbsJday
562-80
634,80
12.8
Al�w 1*0
Daily
Other Violations/Staff Remarks:
kVv
- jc.i
Page I of 3

Supervisor ern r s
iq
Completed by: 4-.. Dae:
Assistant 'regional
Supervisor Sign -off; Date:
Regional Supervisor
Sign -off. Date. M ljav
Fade 2 of

P°r��ar'�-f� �ca�r� Hitea
1Prr�i lar: Cat}f� 1 UfaReport Period: Noyember 20
Page 3 of

e respectfully ask that this be considered before any civil penalties are assessed for these
e cee ances. If you have any further questions, feel free to contact me at 704-546-2602 ext.
225 or Kevin Haynes at 704-546-2602 ext. 7.
ncerel
Gregg Wlkstrom
Plant Manager
RVAF-Harmony, NC
Chris K me ay, Area Environmental Manager—Tys r
Wes Bell, Environmental Specialist L NCDWQ

i
Mr. Corey Basinger
Regional Supervisor
North Carolina Department of Environment and Natural Resources
Water Quality Division
610 East Center Ave. Suite #301
Mooresville, North Carolina 28115
Subject: Notice of Violation & Intent to Access Civil Penalty
Tracking Number: 1 -2019-LV-0011
Tyson Farms, Inc,
Harmony Rendering
Iredell County
Dear Mr. Basinger:

ROY COOPER
(';cn' W, r n w
MICHAEL S. REGAL
�ecpvlw 4
LINDA CULPEPPER
Vaei Im
Certified Mail #7016 1370 0000 2591 1896
Return Receipt Reattested
NORTH CAROLINA
Environmental Quality
February 21, 2019
Gregg Wikstrom- Plant %,Ianagger
Tyson Farms Inc
PO Box 158
Harnionv. NC 28634-0158
SUBJE-ICT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina (Jeneral Statute (G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. NC0005 126
Tvson Farms Inc
Tyson Farms, [tic.
Case No. V-2019-0043
Iredell County
Dear Mr. Wikstrom:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $81138 ($700.00 civil penalty
+ $111.38 enfiorcernent costs) against 'l)(son Farms Inc.
T'his, assessment is based upon the following Facts: a revic% has been conducted of the Discharge Monitoring Report
('13N,1,R) SUbtrinted byTyson Farms Inc for the month of November 2018. This review has shot vn the subject facility to
be in violation of the discharge. limitations and/or monitoring requirements found irtNPDES WW Permit No, NC0005 126.
The violations, which occurred in November 2018, are sun-u-narized in Attachment A to this letter.
Based open the above facts, I conclude as a matter of law that Tyson Farins Inc violated the terms, conditions or
requirements ol'N171DES WW Permit No. NCO005126 and GS, 143-215. 1 (a)(6) in the manner and extent shown in
Attachment A. in accordance with the maxiniums established by GS, 143-215,(SA(a)(21, a civil penalty may be
assessed against any person who violates the terms, conditions or requirements of a permit required by GS.
143 -215, 1 (a),
;oP vm-"*S' 4 sqo'ma Off M l�D East ze-'%'r AN'S'4'p sr,�,j* l ii, r� ra ;911!
:14 Ive 42 - 169 9

FBased upon the above findings of fact and conclusions oflmv, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality, and the Director of the Division cal` Water F' CSOurces, 1, W, Corey
Basinger, Regional Supervisor, Mooresville Regional Office hereby snake the following civil penalty assessment against
Tyson Farms Inc:
$ 2 0_0 (t of 4 violations ofG.S. 143-2 15. 1(a)t6) and Permit No. NC0005 126, by discharging waste water
into the waters of the State in violation of the Permit Daily Maximurn for h2j?,5-DqLL20 Dejx. Cj_
- Quantity Daily
JL_5 ti�.Tq I or I violations of G.S. 143-215, 1 (a)(6) arid Permit No, N('0005 126, by discharging, wilste water
into the waters ofthe State in violation ot" the Permit Monthly Average for 130D. 5-Dav_jjkj)eg.
0 - ottantiLy -Daily
$ _70 0, L)Q TOTAL, (71VIL PENALTY
jj I I, n3 Erift.)rcenicni Costs
,11 L 1.31 ,1TOTAL AMOIJNT DUE
PUrRiant to G.S. l 43-2 1 5.6A(c), in (1mrinining the anlMrut ofthe penalty I have taken into account the Findings of l"act and
Conclusions ofl-,aw and the Pactors set forth at G ,S. 143B-282.1 (b), which are:
m 'rhe degree arid extent of harm to the natUral resources of the StEltC, to the public health. or to private property
restifting from the violation;
(2) The duration and gravity of the violation;
(3) The eft&t on ground or surface water quantity or quality or on air quality;
(4) fhe cost ofrectifying the damage,
(5) The arriount of money saved by noncompliance;
(6) Whether the violation was committed \villfullyor intentionally,-
(7) The prior record ofthe violator in complying or filifing to Comply with programs over which the Environmental
Manai, gement Commission has NgUlatory authority; and
(8) The cost to the State ofthe ent"orcenient procedures.
Within thirty (30) days ofreceipt of this notice, you most do one of the tollwwing-
( I ) Submit payment of the penalty. OR
(2) Submit as written request for remission, OR
(3) Subtilitawt,ittenreqLICS'tti)rziri,,i(iiiiiiiistrativelieziritig
Option I. Submit Payment of the penalty:
Payment ShOUld be made directly to the order of the Department ofEnvironniental Quality (c4,') not include 1vinver
Payment of the penalty will not roreclosc further enforcement action for any continuing or nevx.,, violation(s)
Please Skribitnt payment to the attention of,
Wastew,ater Branch
Division of Water Resources
1617 Mail Service ('enter
Raleigh, North Carolina 27699-1617

1()2: Submit a written request for remission or mitigation including a detailed justification for such
(r)C1t1`sl:
Please be aware that to request for remission is firnited to con side rati On of the five factors listed below as they may,
relate to the rewsonableness ofthe amount of the civil penalty ass( ssed, 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 assessinent document. Because a remission request trirecloses the option of art administrative hearing,
such a request ITIUSI be accompanied by a waiver of your right to tt.n administrative hearing and to stipulation and
agreernCut that no factual or legal issues tire in dispute, Please prepare a detailed statement that establishes why yo, tj
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In (ICtert'lliairM whether as 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. I (h) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continumg environmental darnage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether Payment of the. civil penalty will prevent payniera for the remaining necessary renledial actions,
Please note that all evidence presented in support ofyour request, for, remission must be submitted in writing. The
Director of the Division ofWater Resources will review your evidence and inforni yen of his decision in the matter of
Your remission request. The response will provide details regjirding the case status', directions for payrnent,, and
provision for ftirther appeal of tire penalty to the Environmental Management Conurrission's Committee on Civil Penalty
Rernissions (Conninnec). Please be advised that the Committee cannot consider infion-nation that was not part of the
original remission request considered by the Director. Therefore, it is very important that You prepare i complete and
thorough statement in support Of Your reqLICSI, fiat remission.
I;it order to
ijvs pj Iq and submit the enclosed t for Remission of Civil Penaltip,.s
1,.1p, Azil it lid SjtjVgjgj2jLgfFac(s" form within ir (.191 a�,
aft, Hear _s of receip t �L)_f this
Liotice. The Division of Water Resources also re(,Luests that vog ct�,Ltpji Ltg and submit the enclosed "JUStifiCatiOn for
Rcmission Reqqs�,q.','.
Both forms should be Submitted to the following address:
Wastewater Branch
Division ofWater Resources
1617 Mail Set -vice Center
Raleigh, North Ctirolitia 27699-1617

of Administrative Heax,inas.
if you wish to contest any staternent in the attached assessment docurnent you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of' Administrative flearings
I ,,, 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
1-fearings accepts filing -NIonday 011-011gh Fri(lay, between the hours of 8:00 a,rn. and 5:00 pxn, except for official state
holidays. JL
lie petition may be filed by facsimile (fax) or electronic mail by ail attached file (vvith restrictions) - provided
the signed original, one ( I ) copy and a filing fee (if a filing fee is required by, NCGS §15014-23,2) is received in the
Office of Administrative flearings within sevell (7) business days following the faxed orelectronic transmission. You
sh
filmg_process.
-file mailing address and telephone and tax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
TeL [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DF'IQ as follows:
Mr. William F, Lane, General Counsel
Department ofFrivironinental Quality
1601 Mail Service Center
Raleigh, North Carolina, 27699-16tit
Please indicate the case number (as fOLITId on page one ofthis letter) oil t , lie petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/tinle received stainp (not a postmark), Nvill result in this matter being rei'erred to the Attorney General's Office for
collection ofthe penalty thrOL111111 ZJ civil action, Please be advised that additional pena,ltles may be assessed for violations
that Occur after the review period of this assessment.
.If you have any ciLICStiollS, please contact Wes Bell Nvith the Division of Water Resources stinTof the Mooresville Regional
Office at [phone] or via email at wes,bell(uncdenr,gov,
Sincerely,,
EDocuSigned by:
-,-'A14CC681AF27425...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHIMLNTS
Cc WQS IMooresvitle Regional Office - Enforcerrient File (Laserfiche)
NPDES Corripliance/E.nforcentent Unit - Enforcement File (Laserfiche)

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2Ill 9-0043 County. Iredell
Assessed Party: Tyson Farms Inc
Permit No.: NC000!5 126 Amount Assessed: 1_1.338
Please use this f0rTT1 when requesting remission of this civil penalty. YOU U1UStaIS0 COMPICIC tile "Request ForRemission,
14"aiver o 'Right tar Hearing, andStijndathoffl (�octs" form to request remission ofthis civil penalty.
V o a,4
You should attach any documents that YOU believe support VoUr request and are, necessary for the Director to consider in
eVidUating Your rc(ILICSt f'or remission. Please be aware that a request for remission is limited to consideration ofthe five
hactors listed belov% as they may relate to the reasonableness of the tar iount oHhe 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 penaltyassessment document, Pursuant to N.C.G.S. § 14311-2811 (c), rernission ofa civil
penally maybe gyanted only when one or more ofthe following five factor,,,,, apply. Please check each factor that you
believe applies to y'(Mr case and provide a detailed explanation, including copies of supporting documents, as to kvhy the
factor applies (attach additional pages as needed),
(a) one or more of the civil penalty assessment factors in N,(",Cj.S, 14314-281 l(b) were wrongfully applied to tile
detriment of the petitioner (the are Usied in tire civilpenalt), assessment docianent)1 1 -1
(b) the violator promptly abated continuing environn'tenta] clarnage resulting front the violation (i.e., e-xIVain the
stel?s that You took to correct the violation andprevenijalure occurrences',),'
(c) the violation was inadvertent or as result of an accident (i,e., exj,)1ain i0ty the violulion iva,,� unavoidable or
voinethingyfrm ecadd not prevent or,llreporejovi:
(d)the violator had not been assessed civil penalties for any previous violations,,
(c) payment of the, civil penalty, will Prevent payment far tire Murtining necessary remedial actions (i.e,, exItlain
hmv tmamwla (ifthe civil wdlj,7revent voufi-om the activities necessat'l,' to achieve
cW111171h,111ce'l
EXPLANATION:

FF
TA I°E': OF NOR,r �I AROL1 DE�.I'; E~C` ME31N`]' O CN II ONNIE1NTAL QUALITY
COUNTY OF IREDEIA,
IN T1Il:. MATTER OF ASSESSMENT WAI*r FR OF RIGHT T ► AN
OF CIVII. IIENAI,'I'IES AGAINST ADMINISTRATIVE HEARING ND
STIPULATION E FACTS
Ty'srrn Farms In 1
Tyson Farms Inc:.
PE EMI 1' NO, NC0005126 CASE NO. ITV- 01 -004
1-4avi I een ss ss d civil penalties totaling 1 1 i for violation(s) as set forth in the assessment document of the Division
of Water f esrjurccs dated 1 rrgtry 21 .171Q , the undersigned, desiring to seek remission of the civil penalty, does hereby
wkair e the right to an administrative hearing in the: above -slated 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 renn!,ssion of this civil
penalty must be ;submitted to the Director of Division ofWater Resources within thirty (30) days ofreceipt of the notice
ref assessnient. No new evidence in support of a remissirrn request will be allowed after (30) days from the receipt: of the
notice of assessment,.
This the day o
SIGNATURE
ADDRESS

OFF
TT MENT
Tyson Farms Inn
CASE NUMBER* LV- 019-0043
PERMIT:
NCO006126
REGION:
Mooresville
FACILITY:
Tyson Parma,
Inc.COUNTY:
Ir d ll`
LIMIT VIOLATION(S)
SAMPLE LOCATION:
Qutfall 001 - Effluent
Violation
Report
Unit of Limit Calculated
% Over
Violation
Penalty
Date
MonthNr
Parameter
Frequency Measure " lu
Value
Limit
Type
Amount
11/101 018
11-2018
BOD, 5-Day (20 Deg,
3 X week lbs/clay 562,80
56
i1
Daily
$0,00
D) - Quantity Daily
Maximum
Exceeded
11/1412018
11-2018
BOD, 5-Day (20 Deg.
3 X week lbs/day 562,80
0889
253
Daily
10&00
O) - Quantity wily
Maximum
Exceeded
IvI5512018
11-2018
BOD, 5-Day (20 Deg
3 X week lbsiday 56280
86034
112.8
Daly
$100,00
D) - Quantity Daily
Maximum
Exceeded
11/1812018
1-2018
BOD, 5-Day (20 Deg
3 X week ibs/day 562,80
634,8
12,8
Daly
$0,00
C) - Quantity D Ry
Maximum
Exceeded
1113012018
11-2018
DOD. 5-Day (20 Deg:
3 X week Ibs/day 281,40
461.80
64A
Monthly
500 00
O) - Quantity Daily
Average
Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Fuson Farms Inc
FacilityName: Tyson Farms, Ti c,
Permit Number: NCO005126
County: Tredel`l
Case Number: Ian"- tll -tl043
ASSESSMEAT FACTORS
I l 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
ma osct alarc°rtraac° d °�iw Ilse"IVY V,r, the discharge (it' t-re"Ited wasiewa ter in egess of perruit lint itatonis bas the poteritia l t
;aotcerselY impact raattltr'aal resources
2) The duration and gravity of the violation
k" rat lvd ill 'All"IchnivnIA and ill this d€acoment
3 The effect on ground or surface waiter quantity or quality or on air quality
"m urac ala aoaraacrttaal 11(rmmek r» the discharge e of tr aated ill excess ofPci-await kin'litaations has tilt, potential tma
am9r'�°aT a46 impact surface mmaater s of the slate,
4) The, cost of rectifying the damage,
1 ral.oaoaam a r
l The amount of money saved by noncompliance;
aal�aaa��� as
6) Whether the violation was committed willfully or intentionally,
t ;as [lilt 'm'spaac•ted tar fie AN ailt`ral or intentional.
7) The prior record of the violator in; complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
C asv : l,b'-2014-00 Antmoaniaa tltMV' nand MAN') and 'I`nai l Nitrogen gen (MAN") -- December ber 2013,
tal 2t1174" _1"€6-18— atIn o.aaaiaa (la° l ) October 2016.

8) The cost to the State of the enforcement procedures. Enforcement Cost:
1 hour staff time.., ......... ....... 3&66
1 hour supervisor time
Administrative /Co staff cost-- ... ...... $ ..15.00
Total enforcement cost $111.38
Doc uSigned by:
2/21/2019
A14CC681AF27425—
Date W. Corey Basinger, Regional Supervisor
Water Qualiq, Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ