NC0077615_Enforcement_20190628

Y COOPER
r -
MICHAEL S. REGAN
awfor Onvironmmtol Quatit
July 16, 201
David Tupman, Manager Plant
Origin Food Group LI.L
PO Boy; 7621
tat sville, NC 2 "7- 62
Subject; Payment Acknowledgement for Civil Penalty Assessment
Origin Food Group, LI,
County lredel
Permit NCO077615
Case No. LV-201 -0142
Deal Mr. ° upmana
This letter is to acknowledge receipt of Check No. 12329 in the amount of $461.38 received from you dated 2i1 /201 .
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 pennits.
1f you have any questions, please call Wren T hedford at 919-707-3601.
Sincerely,
'J�"A
Wren1bedford
Administrative assistant
Water Quality Permitting Section
ec Enforcement File # LV-2019-0142
Mooresville Regional Office Supervisor
onk rAmfina Depsitm*ntof E awonmental Qualrty I nWsbnofWatarR mr
YAt r s+vMa� Regional Moe (10 East Centet Ann-s, Suite 3011 kf sr , Northcamfina 2911
7 : -i S

FILE
ROY PEA
MICHAELS. REGAL ".
AIWIW 1AVV04montalQuouty
Certified Mail #7016 1370 0000 2595 8167
Re ML R gtltat F1 +qu to
June 2 , 201
David Tupman
'origin Food Group LLC
PO Box 7621
Statesville, NC 28687
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G. .) 143-215.1 a)( '
d NPDES WW Permit No. NCO077 1
Origin Food Group LLC
Origin Food Group, LLB
Case No. 1,V-201 -ti 142
Iredell County
Dear Mr. Tupman:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount o 461.3 (3 0.00 civil penalty
+ 111 .38 enforcement costs) against Origin Food Group LLC.
This assessment is based upon the following facts: a review :has been conducted of the Discharge e Monitoring Report
(DMR) submitted by Origin Food Group LLC for the month of April 2019, This review has shown the subject facility to
be in violation of the discharge limitations and/or monitoring requirements found in i 1RD S WW Permit No. 1y1CO077 15.
The violations, which occurred in April 2019, are summarized in Attachment A to this letter,
Based upon the above facts, 1 conclude as a matter of law that Origin Food Group LLC violated the terms, conditions or
requirements of NPDES WW Permit No. NCO077615 and G,S, 143-215.1(a)(6) in the manner and extent shown in
Attachment A. 1n accordance with the maximums established by G.S. 143-21 ,A(a)(2);, a civil penalty may be
assessed against any person who violates the terms, conditions or requirements of permit required by G.S.
143-215.1(a).

Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, 1, W. Corey
Basinger, Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against
Origin Food Group LLC:
jLQ0.00 I of I violations of G.S. 143-215. l(a)(6) and Permit No, NCO0776 15, by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for Solids, Total Suspended
- Concentration
$150,00 1 of I violations of GS. 143-215.1 (a)(6) and Permit No. NC0077615. by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for Solids otal
,T
Suspended - Concentration
J35000 TOTAL CIVIL PENALTY
51 113Enforcement Costs
461.3 TOTAL AMOUNT DUE
Pursuant to 6,S- 143-215.6(c), in determining the amount of the penalty I have taken into account the Findings of Fact',and
Conclusion% of Law and the factors set forth at G& 143B-281 I (b), which are:
(1) The degree and extent of berm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(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 violation was committed willfully or intentionally;
(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
(8) The cost to the State of the enforcement procedutes.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
J6rin), Payment of the penalty will not foreclose further enforcement action for any continuing or new violatrion(s).
Please submit payment to the attention of,
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 2: Submit a` written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they ma.y
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. Because a remission request forecloses the option of an administrative bearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreemen I t that no factual or legal issues are in dispute. Please prepare a detailed 5tatemetitthat establishes why you
believe the civil penalty should be remitted, 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 NCGS 143B-282. I (b) was wrongfully
applied to the detriment of the petitioner;
(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 had 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 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 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 r r Remission of Civil Penalties,
form within ffii�30 �das of �recei t �of thi�s
notice, The Division of Water Resources also reguests that vou complete and submit the enclosed -Justification for
Remission Reauest."
Both forms should be submitted to the following address, -
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh. North Carolina 27699-1617

Ot)fion 3: File a iitetition for an administrative hearinar with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessinent 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 petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS, §15011-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the taxed or electronic transmission. You
should contact the Office of Administrative. Flearinas with all auestions reeardina the filmmz fee and/or the details of the
filin&process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel i (919) 43 1-3000
Fax- (919)431-31off
One (1) copy of the petition roust also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh
. North Carolina '17699-1601
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 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.
If you have any questions, please contact Wes Bell with the Division of Water Resources staff of the Mooresville Regional
Office at [phone] or via email ,it wes.bell(iricdenr,gov-
nacusign d by.
H for
F161F869A2D94A3
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc- WQS Mooresville Regional Office - Enforcement File (Laserfiche)
NPDES Compliance/Enforcement Unit - Enforcement File (Laserfiche)

JUSTIFICATION FOR MI ION RE2LEST
Case Number: LV-2019-0142 County: Iredell
Assessed Party: Origin Food Group LLC
Permit No.: NCO077615 Amount Assessed: J46_l .
Please use this forrn when requesting remission of this civil penalty. You must also complete the "Request For Replission,
ff'aiver qf Right to an.-Idinanstrative Hearing, and Stipulation QfFacts" 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 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, Pursuant to N.C.G.S. § 143B-282, I (c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. 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 N.C.G.S. 143B-282.1 (b) were wrongfully applied to the
detriment of the petitioner (the assessment.facrors are listed in the civilpenalry, assessment document),-
(b) the violator promptly abated continuing environmental damage resulting from the violation f i,e, explain the
steps thatyou took to correct the violation anti preventfitture occurrences),
(c) the violation was inadvertent or a result of an accident (re., explain why the violation was unavoidable or
some thing you could not prevent or pre pare./br),
(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
howpqyment (I the civil pen altr, will prevent,'vouftom performing the activides necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL U L.IT
COUNTY OF IREDELL
IN THE MATTER, OF ASSESSMENT )WAIVER OF RIGHT TO A
OF CIVIL PENALTIES AGAINST' ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Origin Food Group LLB
l
PERMIT NO. NCO077615 !CASE NO. LV- tll -014
Having been assessed civil penalties totaling $461,38.for violation(s) as set forth in the assessment document of the Division
of "'Water Resources dated ,Tune 2 . 01 .. the undersigned, desiring to seek remission of the civil penalty, sloes hereby waive
the tight to an administrative hearing in the above -stated matter and dues stipulate that the facts are as alleged in the
assessment document, The undersigned further understands that all evidence presented in supportof remission of this civil
penalty must be submitted to the director of the Division of Water Resources within thirty (30) clays of receipt of the notice
of assessment, No new evidence in support of a remission request will be allowed after (0) day; from the receipt of the
notice of assessment.
This the clay of 20
ADDRESS
TELEPHONE

ATTACHMENT A
Origin Food Group LL+
ASS NUMBER: LV-201 -0142
PERMIT: Nr: O077 a
REGION:
Mooresville
FACILITY: Origin Food Group, LLB
COUNTYi
Iredell
LIMITVIOLATION(S)`
$AMPLE LOCATION: Outfall 001 - Effluent
Violation Report
Unit of
Limit
Calculated % over
Violation
Penalty
Date MonthNr Parameter
Frequency Measure
Value '
Value Limit
Type
Amount
41231 019 4-2019 Solids, Total
Weekly m /l
45 -
75 6.8,9
Daily
$1 00
Suspended-
Maxe murn
Concentration
Exceeded
13012019 4-201 Solids, Total _
Weekly nag/1
30
76 1533
Monthly
$250,99
Suspended-
Average
Concentration
Exceeded

ice rf ic he
June 18, 2019
W. Corey Basinger, Regional Supervisor JUN 2 4 2019
Water Quality Regional Operations Section
Mooresville Regional Office V�QROS
)()r�'1r-'SV,1ULE RE',GIDNAL OFF
Division of Water Resources, NCDEQ
Subject: NOTICE OF VIOLATION
Tracking nurnber.- NOV-2019-LV-0391
Permit No. NCO077615
Origin Food Group, LLC
Iredell County
Mr. Basinger,
Thank you for providing Origin Food Group, LLC, an opportunity to reply to the Notice of
Violation issued I I June 2019 by the Division of Water Resources. This letter is our response to
the effluentTotal Suspended Solids (TSS) exceedance that occurred on April 23, 2019. This
exceedance, in turn, raised the monthly average above the permitted limit.
Until April 2019, this facility has not discharged treated wastewater since August 2018, with
only 2 exceptions in October and December of 2018. This is due to the fact that the plant
generating the domestic wastewater that is treated at this facility is very small and has few
restroonis or other sources of domestic wastewater. The two above -mentioned instances when
this wastewater plant eras discharging resulted from having to pump out the clarifier and aeration
basin to perform basic maintenance, When it became necessary to resume discharging, the
operator prepared days in advance by aerating the basin, closely monitoring dissolved oxygen
and mixed liquor ratios, and pulling process control COD and TSS samples prior to the effluent.
When the process control sample results came back from the lab within the limits of the permit,
flow resumed, as did effluent sampling. In spite of the preparation arid precautions taken by the
operator, the Total Suspended Solids exceeded the [it -tilts of the NPDES Nnnit.

Fo correct this l roblcraa< the plant has been re-scca cil, Beginning on May 17, bacterial
supplements have been added at regular intervals by the operator, l as date, to total of 13 1,,Jounds
of Vitar t to Rebuild have ccra added, as well as 5 pounds of SmarrtBOD. Both products used
together- have restored the plant to at state rtt' ciaarr liaaaacc.
In salient, it is our beliefthaat the Ori ira l OOd Gr'aarais W aStcaVaatCt treatment plant is being ran in air
ethical and efficient manner. and the stal to I'nllers operating and maintaining it are loin so ill a
manner aaccr ralirae to rutes, and r`c riEaaticarra set #car la by governing, aaaitlicrritict In ligtlat of tire [act
that such pre,caautionary measures sores vvere taken prior to tha 'FSS xceed aracct and such haste was
made immediateiv after to correct the infraction. is our request that the Division arty Water
Res( rrCeS take tfacr;c t'actoras'into consideration when determining enforcement action oil this
Notice of Violation.
i rccr"cly,
Origin Food taroa p. 1...I1t,"
CC\Mike Me-crs. Flan irolirA
David StrUrn. l_ ray iroliral;
Rebecca klararring, l"miroliral
Chris f itterraaa n. la'nvirolira

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Oriam Food Group LLC
Facility Name: Origin Food GrUj2,,jLC
Permit Number: NCO077615
County: Lredell
Case Number: LV-2019-0142
ASSESSMENT EA_CTORS
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,
The dischurge r.,?f treated wastewater in exciess qfIVIDESpermitted limits has the potential to adversely aupact natural
resources,
2) The duration and gravity of the violation;
As documented in attachment A.
3) The effect on ground or surface water quantity or quality or on air quality;
The discharge q0reated wastewater in excess qfII' DESpertnitted Ihnits has the potential to adverse4,, iinpact surface
waters.
4) The cost of rectifying the damage;
Unknown,
5) The amount of money saved by noncompliance;
Unknown.
6) Whether the violation was committed willfully or intentionally;
J'Vas not believed to be will of 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
N()k�-201 8-L V-0644 — TSS (UA V) and BOD (11A V) — Xlcn, 20181-
AY)D-2019-LP'0036 — 7"SS (AL,111) —June 2018,
8) The cost to the State of the enforcement procedures, Enforcement Cost:
S111.38 1 hour staff time ............. --- ...... 38-66
1 hour supervisor $ ST72
Administrative /CO staff $--15--00
Total enforcement cost $ 111.38
D>cus4p" by,,
F161F969,A2084A3-
Date W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ

KOY COOPER
Ge"' er g
orror
LINDA CULPEPP ii NORTH CAROUNA
�.:�rr lot Environmental Qualify
Certified Mail ## 018 0360 0002 2099 1826
Return Reggi t etay "sty
FILE
June 11, 2019
David Tuprnan
Origin Food Croup LLC
PCB Box 7621
Statesville, IBC 28687
SUBJECT: NOTICE OF VIOLATION INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV- 1S-LV-039I
Permit No. NCO 7761
Origin Food Group, LLC
f redell County
Dear Mr. Tupman
review of the April 2019 Discharge Monitoring Report rt for the subject facility revealed the violation(s)
indicated below:
Li_mit +e a_nc Vi+-latie-ni
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 Effluent Solids, Total Suspended - 4/23/2019 45 76 Daily Maximum Exceeded
Concentration ( 05 0
001 Effluent Solids, Total Suspended - 4/ 0/2019 30 76 Monthly average Exceeded
Concentration ( 05 0
Notice of Violation/Intent to Issue Civil Penalty{ is being issued for the noted violation of North Carolina General
Statute ( .S.) 1 - 15.1 and the facility's NPDES WW Permit. Pursuant C.S. 14 - 15.6A, a civil penalty of
not more than twenty-five `thousand dollars ( 5,g66,gfi) may be assessed against any person who violates or
fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
14-715.1.
A x ri 3' *Pa' r _" f Ens To-, u D' vs n �fRS°a54_€ qezzurce a
r Off iCenter rart l f Iar ' Nortn wart

#
If you have any questions concerning this matter or to apply for an SOC, please contact Wes Bell of the
Mooresville Regional Office at 704-663-1699.
Sincerely,
EDoc"Sioned by
A441" H P411." for
F161FMAZD84A,3,
W, Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
U WQS Mooresville k4ohal Ciffibe � Enforcerftent File (Laserfithe)
NPDES Comphance/Enforcement Unit - Enforcement File (Laserfiche-)
No-t CAf�� ne De a rtmem I -.,I top' mv I a, q, as t", � D'vscr 0'N it e! Re sou'M* 5
-*a Z-4niv A,,,* nue Bute! K, 1 � V,,>o!er, e- , Nvl*� :,* 'S t a 15
V F eg Off SlCe

I?MR REVIEW RECORD
Mooresville Regional, Office
Facility NameOrigin Food GroUD. LLB
Permit Number. NCO077615
Report Period: r pr�l 2.0 19
Prior Assessments-
0
Enforcement Factor 1�t0{)
Waterbody
Ourfall 4 Outtall Description
Waterbody Name
Classification
ill Effluent to Third Greek
Third Creek {Third Creek WS No. 57)
Monthly Average Limit Violations
Sample Location: : Outfall 001- Effluent
Violation
Unit of
Limit
CalculatedOver
Date Parameter
Fre uenc
a$ure
Value -
Value
Limit Action
413W019 Solids, Total Suspended -
Weekly
MgA
30
76
153.3
Concentration
Daily Limit' Violation
Sample Location Outfall 001 - Effluent
Violation
Unit of
Limit
Calculated
Over
Date Parameter
Frequency
Measure
Value
Value
Limit Action
412312019 Solids, Total Suspended -
Weekly
MgA
45
76
68.9
Concentration
Other Violations/Staff Remarks
visor Remark
Page I of

r
Date: by, �
Assistant Regional
Supervisor Sign -off. mate. �.s r
-----
Regional Supervisor �
r
Zcl
'sign -off. I3te.
Page 2 of

Prior° 1 -Mo th Enfor etrr ut History
Permit Number: NCO077615
Report Period; April 201
Limit Violation
Sample Lotatidn.
Sil 1001 - Ettlueri
Violation Report
violation
Gate Period
Parameter
Type
NOD NOV CPAs
513112018 8-2018
BOO, 5-Day (20 Deg. ) -
Monthly Average
NOV-2018-LV-0644
Concentration
Exceeded
513112018 -2018
Solids, Total Suspended -
Monthly Average
NOV-2018-LV-0644
Concentration
Exceeded
513012018 6-2018
SolidsY Total Suspended,_
Monthly average
NOD- 01J-LV-W38
Conoentrafion
Exceeded
Other Violation
Sample Location;
violation Report
Violation
Date Period
Parameter
Type
NOD NOV CPA
813112018
Violation detected
NO-2018-P -036
during inspection