NC0006548_LVNC0006548 LV-2015-0156_20150902

AIWKWA
VA
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North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Regional Operations Section
Pat McCrory
Governor
September 2, 2015
CERTIFIED MAIL #7009 2250 0004 1083 6418
RETURN RECEIPT REQUESTED
Clint Rivers
Wayne Farms LLC
4110 Continental Dr
Oakwood, GA 30566
Donald R. van der Vaart
Secretary
RECENEDIDENRIDINR
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 Permit NC0006548
Wayne Farms LLC
Dobson Plant
Case No. LV -2015-0156
Surry County
Dear Mr. Rivers:
SEP -0'4 2015
water Quality
Perrnitting S
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2107.50 ($1950.00 civil penalty
+ $ 157.50 enforcement costs) against the Wayne Farms LLC.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by the Wayne Farms LLC for the month of January 2015. This review has shown the subject facility to be in violation of
the discharge limitations and/or monitoring requirements found in NPDES Permit NC0006548. The violations, which occurred in
January 2015, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Wayne Farms LLC violated the terms, conditions or
requirements of NPDES Permit NC0006548 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 Environment and Natural Resources and the Director of the Division of Water Resources, I, W. Corey Basinger,
Division of Water Resources Regional Supervisor for the Winston-Salem Region, hereby make the following civil penalty assessment
against the Wayne Farms LLC:
North Carolina Division of Water Resources, Winston-Salem Regional Office
Location: 450 W Hanes Mill Road i Winston-Salem, North Carolina 27105
Phone [phone] Customer Service. 1-877-623-6748
Internet www ncwater.org
An Equal Opportunity, Affnnative Action Employer
Nne
orthCarohna
Nawrall'Yf

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 days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural Resources (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
NC DENR / DWQ / NPDES
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
X0
2. Submit a written request for remission including a detailed justification for such request:
2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0006548,
$ 400.00
by discharging waste water into the waters of the State in violation of the Permit
Daily Maximum limit for FECAL COLIFORM.
0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0006548,
$ 0
by discharging waste water into the waters of the State in violation of the Permit
Daily Maximum limit for TOTAL NITROGEN.
1 of the 1 violations of G.S. 143-215. l(a)(6) and NPDES Permit No. NC0006548,
$ 750.00
by discharging waste water into the waters of the State in violation of the Permit
Monthly Average limit for AMMONIA.
4 of the 4 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0006548,
$ 800.00
by discharging waste water into the waters of the State in violation of the Permit
'v# `
Daily Maximum limit for AMMONIA.
' -
0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0006548,
$ 0 r'
by discharging waste water into the waters of the State in violation of the Permit
Monthly Average limit for TOTAL NITROGEN.
$ 1950.00
TOTAL CIVIL PENALTY
$ 157.50
Enforcement Costs
$2,107.50
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 days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural Resources (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
NC DENR / DWQ / NPDES
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
X0
2. Submit a written request for remission 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) were wrongfully applied to the
detriment of the violator;
(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 has 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 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, Waiver of Right to an
Administrative Hearing, and Stipulation of Facts" form within thirty (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:
NC DENR / DWQ / NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
OR
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 (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 original and one (1) copy of the petition must be
filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is
received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address
for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 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 Gary Hudson of the Winston-Salem Regional Office at 336-776-9800.
Sincerely,
b
W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
attachments
cc: WSRO Files w/attachments
SW Central Files w/attachments
PSB-NPDES — Charles Weaver

STATE OF NORTH CAROLINA
COUNTY OF SURRY
REQUEST FOR
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
WAYNE FARMS WWTP
PERMIT NO. NC0006548
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
REMISSION
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV -2015-0156
Having been assessed civil penalties totaling $ 2,107.50 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated September 2, 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 the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2015-0156 County: SURRY
'Assessed Party: WAYNE FARMS WWTP
Permit No. (if applicable): NC0006548 Amount Assessed: $2107.50
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 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 penalty assessment factors in N.C.G.S. 14313-282.IN were
wrongfully pplied 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 penal 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
COUNTY OF SURRY
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
WAYNE FARMS WWTP
ENVIRONMENTAL MANAGEMENT
COMMISSION
DWQ Case Number LV -2015-0156
REQUEST FOR ORAL PRESENTATION
I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty
Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or
denied.
• Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh,
North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my original remission request, and because
no factual issues are in dispute, my presentation will be limited to five (5) minutes in length.
sos advise. t fih' :f"''iEeeGi_ Peri friisaicme
cl o' het _o. t©Urocee ws;13e°''tiMW :"C _ itte
This the day of 20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE

ATTACHMENT A
Wayne Farms LLC
CASE NUMBER LV -2015-0156
PERMIT: NC0006548 FACILITY: Dobson Plant COUNTY: Surry REGION: Winston-Salem
Limit Violations
PENALTY
MONITORING
REPORT
OUTFALL/
PPI
LOCATION
PARAMETER
VIOLATION
DATE
FREQUENCY
UNIT OF
MEASURE
LIMIT
CALCULATED
VALUE
% OVER
LIMIT
VIOLATION TYPE
$20000
1-2015
001
Effluent
FEC COLI
1/6/15
3 X week
#/100ml
400
12000
2,9000
Daily Maximum Exceeded
$20000
1-2015
001
Effluent
FEC COLI
1/16/15
3 X week
#/100ml
400
800
1000
Daily Maximum Exceeded
$20000
1-2015
001
Effluent
NH3-N - Cone
1/8/15
3 X week
mg/I
8
1210
513
Daily Maximum Exceeded
$20000
1-2015
001
Effluent
NH3-N - Cone
1/14/15
3 X week
mg/I
8
1160
450
Daily Maximum Exceeded
$200.00
1-2015
001
Effluent
NH3-N - Cone
1/21/15
3 X week
mg/I
8
29.60
2700
Daily Maximum Exceeded
$20000
1-2015
001
Effluent
NH3-N - Cone
1/22/15
3 X week
mg/I
8
1220
525
Daily Maximum Exceeded
$75000
1-2015
001
Effluent
NH3-N - Cone
1/31/15
3 X week
mg/I
4
6 10
51 9
Monthly Average Exceeded
$0.00
1-2015
001
Effluent
TOTAL N - Cone
1/27/15
Weekly
mg/I
147
148
07
Daily Maximum Exceeded
$0.00
1-2015
001
Effluent
TOTAL N - Cone
1/31/15
Weekly
mg/I
103
11070
75
Monthly Average Exceeded