NC0003719_LV20160139_20160812

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Dak Americas LLC
Facility Name: Cedar Creek Site
Permit Number: NC0003719
County: Cumberland
Case Number: LV -2016-0139
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 this violation.
2) The duration and gravity of the violation;
➢ This facility had a daily BOD, a monthly BOD, and a daily TSS violation that met enforcement criteria. Facility also had a
monthly TSS violation that did not meet enforcement criteria.
3) The effect on ground or surface water quantity or quality or on air quality;
➢No observed effect of surface water quantity or quality has been documented from this violation.
4) The cost of rectifying the damage;
➢At this time a cost cannot be determined. RECEIVE MCDEOIDINR
AUG 12 2016
5) The amount of money saved by noncompliance;
vvatsl' Quality
➢It is not apparent that any money was saved from these non-compliance events. Perrni4:ing Section
6) Whether the violation was committed willfully or intentionally;
➢It is the opinion of the FRO that this violation was 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; and
➢ This facility has not had a civil penalty assessed against it within the past 12 months.
8) The cost to the State of the enforcement procedures.
$159.26
0? - ) 4 k4� j r'4��
Date Belinda S. Henson, Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ

WaterResources
Certified Mail # 7012 3050 00019398 7836
Return Receipt Requested
August 2, 2016
Matthew P Hendrickson
Dak Americas LLC
3216 Cedar Creek Rd
Fayetteville, NC 28312
FAT MCCRORY
oatJL"FP or
DONALD R. Z'ANN DER VAART
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. NC0003719
Dak Americas LLC
Cedar Creek Site
Case No. LV -2016-0139
Cumberland County
Dear Permittee:
SP M -Y
S. JAY ZINIMERIJAN
This letter transmits allotice of Violation and assessment of civil penalty in the amount of $1,659.26 ($1,500.00 civil penalty
+ $159.26 enforcement costs) against Dak Americas LLC.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by Dak Americas LLC for the month of February 2016. This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0003719. The
violations, which occurred in February 2016, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Dak Americas LLC violated the terms, conditions or
requirements of NPDES WW Permit No. NC0003719 and G.S. 143-215.1(a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed
against any person who violates the terms, conditions or requirements of a 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, I, Belinda S. Henson,
Regional Supervisor, Fayetteville Regional Office hereby make the following civil penalty assessment against Dak Americas
LLC:
State of North Carolina I Environmental Quality I Water Resources
225 Green Street, Suite 714, Fayetteville, NC 28301-5043
910-433-3300

$250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0003719, by discharging wastewater into
the waters of the State in violation of the Permit Daily Maximum for BOD - Oty Daily.
$250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0003719, by discharging waste water into
the waters of the State in violation of the Permit Daily Maximum for TSS - Oty Daily.
$1,000.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0003719, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for BOD - Oty Daily.
$0.00 0 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0003719, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for TSS - Qty Daily.
$1,500.00 TOTAL CIVII,PENALTY
$159.26 Enforcement Costs
$1,659.26 TOTAL AMOUNT DUE
Pursuant to G. S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B -282.1(b), which are:
(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;
(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 procedures.
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
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-
Wastewater
f
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 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. 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 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 -282.1(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 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 thirt(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

Option 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 (3 0) 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 § 150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following 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 numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 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 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 Mark Brantley with the Division of Water Resources staff of the Fayetteville
Regional Office at [phone] or via email at [e-mail].
Sincerely,
Belinda S. Henson, Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Fayetteville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2016-0139
Assessed Party: Dak Americas LLC
Permit No.: NC0003719
County: Cumberland
Amount Assessed: $1,659.26
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
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 -282.1(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 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:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CUMBERLAND
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Dak Americas LLC )
Cedar Creek Site 1
PERMIT NO. NC0003719 ) CASE NO. LV -2016-0139
Having been assessed civil penalties totaling $1,659.26 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated August 2, 2016, 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 Resources within thirty (30) days of receipt of the
notice of assessment. No new evidence in support of a remission request will be allowed after (3 0) days from the receipt of
the notice of assessment.
This the day of .20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Dak Americas LLC
CASE NUMBER: LV -2016-0139
PERMIT:
NC0003719
REGION: Fayetteville
FACILITY:
Cedar Creek Site
COUNTY: Cumberland
LIMIT VIOLATION(S)
SAMPLE LOCATION:
Outfall 002 - Effluent
Violation
Report
Unit of
Limit
Calculated
% Over
Violation
Penalty
Date
Month/Yr Parameter
Frequency
Measure
Value
Value
Limit
Type
Amount
2/18/2016
2-2016
BOD, 5 -Day (20 Deg.
Weekly
Ib/d
286
620
116.8
Daily Maximum
$250.00
C) - Quantity Daily
Exceeded
2/29/2016
2-2016
BOD, 5 -Day (20 Deg.
Weekly
Ib/d
157.60
210.70
33.7
Monthly
$1,000.00
C) - Quantity Daily
Average
Exceeded
2/18/2016
2-2016
Solids, Total
Weekly
Ib/d
394.50
906.40
129.8
Daily Maximum
$250.00
Suspended - Quantity
Exceeded
Daily
2/29/2016
2-2016
Solids, Total
Weekly
Ib/d
180
184.10
2.3
Monthly
$0.00
Suspended - Quantity
Average
Daily
Exceeded

NPDES PERN,IT NO.: NC0003719
FACILITY NAME: Cedar Creek Site
OWNER NAME: Dak Americas LLC
GRADE: WW -4.
eDMR PERIOD: 02-2016 (February 2016)
PERMIT VERSION: 4.0
CLASS: WW -3.
ORC: Donald Ray Allbright
ORC HAS CHANGED: No
VERSION: 1.0
PERMIT STATUS: Active
COUNTY: Cumberland
ORC CERT NUMBER: 22936
STATUS: Processed
SAMPLING LOCATION: EFFLUENT (DISCHARGE NO.: 002 NO DISCHARGE*: NO
A
a
E
Ew
8
U E
�
o
o
Eo
m
_
C
O
O
E
w
O
d
o
V
O
50050
m
Continuous
`o `
m Recorder
Z I FLOW
00010
Weekly
Grab
TEMP -C
00400
Weekly
Grab
JPH
50060
Weekly
Grab
CHLORINE
QD310
Weekly
Composite
BOD -Qty
QD610
Weekly
Composite
I NH3-N-Qty
QD530
Weekly
Composite
TSS -Qty
31616
Weekly
Grab
FEC COLI
00300
Weekly
Grab
IDO
2400 clock
Hrs
2400 clock
Hrs
YB/N
mgd
deg c
so
ug/l
lbs/day
lbs/day
lbs/day,-
9/100ml
mg/l
1
0700
24
Y
0.268
2
0620
24
0700
24
Y
0.165
18
7.3
101.6
c 1.38
61.1
7.6
3
0700
24
Y
0.239
25
-
25
4
0700
24
Y
0.347
_
5
0700
24
Y
0.475
6
0700
24
N
0 509
7
0700
24
N
0.681
8
0700
24
Y
0 535
9
0700
24
Y
0.556
10
10635
124
0700
24
Y
0452
147.
<3.77
111.8
11
0700
24
Y
0.428
it
7.2
-
800
113
12
0700
24
Y
0.512
-
13
0700
24
B
0.554
29
'-
14
10700
24
IB
1 0.53
15
0700
21
B
0.448
-
16
0700
24
Y
0.322
17
0700
24
Y
0.29
12
6.1
-
10.8
18
0720
24
0700
24
Y
0.286
>620'
6.2
906.4 -
19
10700
24
1 Y
1 0.371
- -`s-
-
365
20
0700
24
B
0.424
36
21
1
0700
24
B
0.403
22
0715
24
0700
24
Y
0.395
-�
23
0600
24
0700
24
Y
0.326
184.9
<272
25.3 '
24
0650
24
10700
24
Y
0.451
16
7.9
46
-
< 19.9.- -
105
9.9
25
0720
24
0700
24
Y
0.459
<60' -
<-19.1
t
26
1
0700
24
Y
0.4
'
27
0700
24
B
0.476
-
�
28
0700
24
B
0.477
{
-
29
0700
24
Y
0.452
38`
i
Monthly Average Limit: 0.5
157.6
26
ISO-
80-Monthly
MonthlyAverage: 0.421759
14.25
34.8
210.7 " (
X1.55
184.1 -
`. 166.390313
9.9
DailyMavmum: 0.681
18
7.9
46
620-
6.2
906.4
1800
11.3
Daily Minimum: 0.165
11
6.1
25
0
0
0
25
7.6
****No Reporting Reason: ENFRUSE =No Flow-Reuse/Recycle; ENVWTHR =No Visitation -Adverse Weather, NOFLOW = No Flow; HOLIDAY = No Visitation -Holiday
RECEIVED
APR 12 2016
WQROS
FAYETTEVILLE REGIONAL OFFICE
APR 0 5 2016
_:I '7-
Cr_: I �ir?Z RL8S
DVVR SECT10N

NPOES PERMIT NO.: NC0003719
FACILITY NAME: Cedar Creek Site
OWNER NAME: Dak Americas LLC
GRADE: WW -4.
eDMR PERIOD: 02-2016 (February 2016)
COMPLIANCE:
PERMIT VERSION: 4.0
CLASS: WW -3.
ORC: Donald Ray Allbright
ORC HAS CHANGED: No
VERSION: 1.0
CONTACT PHONE #: [phone]
PERMIT STATUS: Active
COUNTY: Cumberland
ORC CERT NUMBER: 22936
STATUS: Processed
SUBMISSION DATE: 03/17/2016
03/17/2016
ORC/Certifier Signature: DoAAl Allbright E -Mail: [e-mail] Phone #:[phone] Date
By this signature, I certify that this report is accurate and complete to the best of my knowledge.
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment.
Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the permittee becomes aware of the circumstances.
If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by part II.E.6 of
the NPDES permit.
03/17/2016
Permittee/Submitter Signatur�3** Donald Allbright E -Mail: [e-mail] Phone #:[phone] Date
Permittee Address: 3468 Cedar Creek Rd Fayetteville NC 28301 Permit Expiration Date: 10/31/2016
I certify, under 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 managed 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 fines and imprisonment for
knowing violations.
CERTIFIED LABORATORIES
LAB NAME: TBL, elementOne
CERTIFIED LAB #: 37,604
PERSON(s) COLLECTING SAMPLES: Fred Washington, Sharon Frost, Thomas McCallum, Robert Robinson
PARAMETER CODES
Parameter Code assistance may be obtained by calling the NPDES Unit [phone] or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/forms.
FOOTNOTES
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
* No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR
for entire monitoring period.
* * ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G.0204.
*** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B
.0506(b)(2)(D).

NPRF—S PEIU TT NO.: NC0003719
FACILITY NAME: Cedar Creek Site
OWNER NAME: Dak Americas LLC
GRADE: WW -4.
eDMR PERIOD: 02-2016 (February 2016)
Report Comments:
PERMIT VERSION: 4.0
CLASS: WW -3.
ORC: Donald Ray Allbright
ORC HAS CHANGED: No
VERSION: 1.0
PERMIT STATUS: Active
COUNTY: Cumberland
ORC CERT NUMBER: 22936
STATUS: Processed
Plant experienced upset conditions which caused an exceedance of TSS and BOD, through extra sampling monthly average for TSS was brought down below limit however was
unable to get BOD below Monthly Limit. Plant is back to normal operation and we continue to investigate cause of upset.