NC0003719_LV-2022-0159 Assessment Factors_20220617

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Dak Americas LLC
Facility Name: Cedar Creek Site
Permit Number: NC0003719
County: Cumberland
Case Number: LV-2022-0159
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; No lasting harm to the natural resources of the State, to the public health or any
damage to private property was reported due to these violations.
2) The duration and gravity of the violation; This facility had two limit violations; one daily and one monthly exceedance
for BOD. Both violations are being assessed in this enforcement.
3) The effect on ground or surface water quantity or quality or on air quality; No observed effect on surface water
quantity or quality has been documented from these violations.
4) The cost of rectifying the damage; At this time, a cost cannot be determined.
5) The amount of money saved by noncompliance; It is not apparent that any money was saved from these non -compliant
events.
6) Whether the violation was committed willfully or intentionally; It is the opinion of the FRO that these violations were
not 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; This facility has had no prior assessments within
the past twelve months.
8) The cost to the State of the enforcement procedures.
$128.28
6/20/2022
Date
[-- DocuSigned by:
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Mark Brantley, Asst. Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ