State environmental regulators have fined D.R. Allen & Son Inc., a concrete block manufacturer in Fayetteville, $10,398 for repeated violations of North Carolina’s fugitive dust rules, citing uncontained emissions and failures to follow its dust control plan at the Fay Block concrete facility.
The penalty, issued Sept. 30 by the N.C. Department of Environmental Quality’s Division of Air Quality, stems from two separate investigations in May and June 2025 into complaints from nearby residents who say dust from the plant in north Fayetteville has coated their homes and worsened respiratory conditions.
Inspectors documented visible emissions leaving the property, missing wet suppression equipment, and incomplete records of dust control efforts—violations of both the facility’s permit and state air quality rules.
Wet suppression is a dust control method that uses water—typically sprayed or misted—to keep fine particles from becoming airborne. It’s commonly used at industrial sites like concrete plants to reduce pollution and comply with air quality regulations.
D.R. Allen & Son Inc. did not respond to a request for comment.
A pattern of noncompliance
According to the civil penalty assessment, Fay Block failed to record wet suppression activities on multiple sand and aggregate piles, neglected monthly system inspections, and operated several conveyors and screens without the required dust suppression equipment.
During a June 18 site visit, inspectors observed 6 minutes and 15 seconds of fugitive dust emissions in under an hour—exceeding the state’s legal limit, which allows no more than 6 minutes of visible dust escaping a facility’s property line per hour under North Carolina air quality rule.
Fugitive dust emissions are tiny particles of dust released into the air from open or exposed surfaces—not from a smokestack or vent—and often caused by wind, vehicle movement, or industrial activity.
The company had previously been fined $5,770 in 2024 for similar violations. In its response to the latest notice of violation in September, Fay Block acknowledged that its permit incorrectly listed certain sources as having wet suppression and said it would submit a modification request. It also reported the company had retrained staff, updated logbooks, and installed additional spray coverage.
Community concerns and broader context
The fine against Fay Block comes amid intensifying scrutiny of industrial operations in Cumberland County, where residents have long raised concerns about air quality, environmental justice, and regulatory oversight.
In CityView’s earlier reporting, neighbors of the concrete plant described persistent dust coating their homes, triggering asthma and other respiratory issues. At a community meeting, one resident said the dust and fumes in the air were “just really bad,” adding that her allergies had worsened and that “at times it’s just horrible because of all this stuff that’s floating in the air.” These accounts mirror the citizen complaints that prompted the May 2025 inspection cited in the state’s enforcement action.
The company’s proposed expansion has also drawn sharp opposition. In CityView’s coverage of a rezoning request, residents expressed fears that enlarging the masonry operation would worsen pollution and depress property values in a historically underserved neighborhood.
These concerns are unfolding alongside broader environmental pressures in the region. Cumberland County officials are grappling with the nearing capacity of the Ann Street landfill and have proposed advanced technology and public feedback sessions to extend its lifespan. The convergence of industrial growth, aging infrastructure, and community health risks has made environmental oversight a flashpoint issue for local governance.
Next steps and options for appeal
Fay Block has 30 days from receipt of the penalty notice to either pay the fine, request remission based on specific hardship or error factors, or file a petition for an administrative hearing. Failure to act could result in referral to the Attorney General’s Office for collection.
The penalty represents 10% of the maximum fine allowed under state law. While modest in financial terms, it signals continued enforcement pressure on facilities that fail to contain particulate emissions—especially when those emissions affect vulnerable communities.
Government reporter Rachel Heimann Mercader can be reached at rheimann@cityviewnc.com.
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