NC0006548_LV20150197_20150914

A *41L& a
MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Wafter Quality Regional Operations Section
Pat McCrory
Governor
CERTIFIED MAIL #7009 2250 0004 1083 6395
RETURN RECEIPT REQUESTED
Clint Rivers
Wayne Farms LLC
4110 Continental Dr
Oakwood, GA 30566
September 14, 2015
RECEIVEDIDENR/DWR
SEP 2 1 2015
Water Qualttly
Permitting S=on
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 -2015-0197
Surry County
Dear Mr. Rivers:
Donald R. van der Vaalt
Secretary
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $ 557.50 ($ 400.00 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 May 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 May
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:
$ 400.00
2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0006548,
by discharging waste water into the waters of the State in violation of the Permit
Daily Maximum limit for FEC COLI.
$ 400.00
TOTAL CIVIL PENALTY
$ 157.50
Enforcement Costs
$ 557.50
TOTAL AMOUNT DUE
North Carolina Division of Water Resources, Winston-Salem Regional Office
Location. 450 W. Hanes Mill Road i Winston-Salem. North Carolina 27105
Phone, 336-776-98001 Customer Service 1-877-623-6748
Internet www.ncwaterorg
An Equal Opportunity 1 Affirmative Action Employer
NorthCarohna

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:
f :,.: .
1. Submit payment of the penalty:. - ::1;'' {.
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
OR
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 Regional Office at 336-776-9800.
Sincerely,
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
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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 WWTP )
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 the notice of assessment.
This the day of 120
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV -2015-0197 County: SURRY
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
Ri,Qht 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. 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:

PERMIT: NC0006548
FACILITY: Dobson Plant
ATTACHMENT A
Wayne Farms LLC
CASE NUMBER: LV -2015-0197
COUNTY: Surry REGION: Winston-Salem
Limit Violations
MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED % OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$200.00 5-2015
$200.00 5-2015
001
Effluent
FEC
COLI
001
Effluent
FEC
COLI
5/14/15 3 X week
5/21/15 3 X week
#/100ml 400 1800 3500 Daily Maximum Exceeded
#/100ml 400 12000 2,900.0 Daily Maximum Exceeded