NC0006548_LV20150197 Remission Request_20151015

WAYNE FARMS LLC
4110 Continental Drive, Oakwood, Georgia 30566, Building B [phone]
October 15, 2015
North Carolina Department of
Environment and Natural Resources
Department of Water Quality - NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: Case Nos.: LV -2015-0195 & LV -2015-0197
Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina
General Statute (G.S. 143-215.1(a)(6) and NPDES Permit No. NC0006548
Wayne Farms LLC
Dobson (Surry County), North Carolina
To Whom it May Concern:
Please find enclosed the completed documents in support of Wayne Farms' Request for
Remission of the above -referenced Notices of Violation.
We appreciate your attention to this matter. Please do not hesitate to contact me with any
questions at [phone], or if you wish to further discuss.
cereely/,
Russell G. Dickson, PE
Director of Engineering
Wayne Farms LLC
Enc.
cc: Mr. Corey Basinger — NCDENR Winston-Salem Regional Office
Mr. Brad DeVore — Womble Carlyle
Mr. Clint Rivers
Ms. Barbara Mistarz
Mr. Jeremy Bowlin
Mr. Paul Nordin
Mr. Rob Poindexter
Mr. Michael Crump
Mr. Jeff Carroll
File
RECEIVEDIDENRIDWR
OCT 19 2015
Water Quality
Permitting Sectior

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF SURRY
REQUEST FOR REMISSION
IN THE MATTER OF ASSESSMENT
) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST
) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
Wayne Farms Dobson Plant W WTP
)
PERMIT NO. NC0006548 ) FILE NO., LV -2015-0197
Having been assessed civil penalties totaling $557.50 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated September 14, 2015, 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 (30) days from the receipt of tine notice of assessment.
This the % `J �-h day of k 1C.. 20__%�T
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SIGNATURE
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TELEPHONE
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JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV -2015-0197 County: SORRY
Assessed Party: Wayne Farms Dobson Plant WWTP
Permit No.: NC0006548 Amount Assessed: $557.50
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of
Richt to an Administrative 17earing, and Stipulation o 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 applies. 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 Penaltv assessment factors in N.C.G,S. 14313-282, I(b) were
wrongfitlly applied to the detriment of the petitioner (the assessmentfactors are listed
in the civil penalty assessment document);
ie (b) the violator promptly abated continuing environmental damage resulting, fi•om the
violation (i.e., explain the steps that you took to correct the violation and prevent f lture
occurrences);
X (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something yorr 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 ayment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you front performing
the activities necessary to achieve compliance).
EXPLANATION:
With respect to factors relevant to (b) and (c)--- Wayne Farms has worked promptly and
diligently to investigate and remedy the cause(s) of the permit exceedances set out in the Notice of
Violation, Case No. LV -2015-0197 (NOV). Wayne Farms had recently replaced portions of its treatment
system with some new equipment it had used with success at certain of its other facilities. Thus, Wayne
Farms anticipated a smooth transition to the use of that new equipment. However, that did not appear
to be the case and Wayne Farms quickly sought to determine whether that system was working
properly or required adjustment and/or replacement. That effort included the retention of experts in
the field to work with the equipment supplier and otherwise assist Wayne Farms to identify the
causative factor(s) of the exceedances set out in the NOV and to develop solutions. That work has
revealed the need to make additional treatment system adjustments, including the installation of new
equipment. Those system changes have been designed and Wayne Farms has developed a schedule to
install and start up that new equipment in the near future. Wayne Farms could not have anticipated,
and thus avoided, that equipment that worked at certain of its other facilities would fail to do so at the
Dobson, North Carolina plant.
Wayne Farms has cooperated with and has been in constant communication with the NC DEQ
Winston-Salem Regional Office ("WRO") concerning the situation and the proposed solutions. As a
consequence, Wayne Farms anticipates entering into a settlement agreement with the WRO to address
this NOV and set a schedule for the installation and start-up of the aforementioned new equipment as
part of an ongoing effort to address the exceedances set out in the NOV and to attempt to prevent their
recurrence in the future.