NC0032867_Enforcement (PC-2018-0004)_20180216

Water Resources
ENVIRONMENTAL QUALITY
Certified Mail # 7016 1370 0000 2596 0177
Return Receipt Requested
16 February 2018
Laeeq Khan, President
Malik's International, Inc.
3425 Carnoustie Drive
Chambersburg, PA 17202
SUBJECT: Assessment of Civil Penalty for Violation of
NPDES Permit No. NC0032867 and 15A NCAC 08G .0201(3)(c)
Malik's International, Inc.
Kings Mountain Travel Plaza WWTP
Case No. PC-2018-0004
Cleveland County
Dear Mr. Khan:
ROY COOPER
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MICI-LAEL S. REGAN
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LINDA CULPEPPER
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This letter transmits notice of a civil penalty assessed against Malik's International, Inc. - Kings Mountain
Travel Plaza WWTP in the amount of $3,000.00 plus $209.77 in investigative costs, for a total of
$3,209.77. Attached is a copy of the assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environmental Quality and the Director of the Division of Water Resources. Any
continuing violation(s) may be the subject of a new enforcement action, including an additional penalty.
Within thirty (30) days of receipt of this notice, you must complete 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 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 14313-282.1(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 her 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
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:
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 (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 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 § 15013-23.2) 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:
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. William F. Lane, 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.

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 Ori Tuvia with the Division of Water
Resources staff of the Mooresville Regional Office at [phone] or via email at
[e-mail].
Sincerely, •
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: Mooresville Regional Office Enforcement File
NCO032867 permit file
Cleveland Co. Health Dept.

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CLEVELAND
IN THE MATTER OF ASSESSMENT ) CASE NO. PC-2018-0004
Malik's International, Inc. ) FINDINGS AND DECISION
Kings Mountain Travel Plaza WWTP ) AND ASSESSMENT OF
CIVIL PERMALTIES
FOR VIOLATIONS OF:
PERMIT NO. NCO032867
Acting pursuant to delegation provided by the Secretary of the Department of
Environmental Quality and the Director ofthe Division of Water Resources, I, W. Corey Basinger,
Regional Supervisor for the Division of Water Resources (DWR), Water Quality Regional
Operations Section's Mooresville Regional Office, make the following:
I. FINDINGS OFFACT:
A. Malik International, Inc. is a corporation organized and existing under the laws of the
State of North Carolina.
B. Malik International, Inc was issued NPDES Permit Number NCO032867 for the Kings
Mountain Travel Plaza Waste Water Treatment Plant, on December 18, 2013, effective
upon issuance, with an expiration date of August 31, 2018.
C. Malik International, Inc.'s NPDES permit (Permit No. NC0032867) authorizes the
discharge of up to 14,500 GPD from the extended -aeration wastewater treatment
system via outfall 001 into Dixon Branch and outfall 002 into Kings Creek, and
contains the following relevant condition, Part II, Section C.1:
Section C. Operation and Maintenance of Pollution Controls
1. Certified Operator
Owners of classified water pollution control systems must designate operators,
certified by the Water Pollution Control System Operators Certification Commission
(WPCSOCC), of the appropriate type and grade for the system, and, for each
classification must [T15A NCAC 08G .0201]:
a. designate one Operator In Responsible Charge (ORC) who possesses a valid
certificate of the type and grade at least equivalent to the type and grade of the
system;
b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up
ORCs) who possesses a valid certificate of the type of the system and no more

than one grade less than the grade of the system, with the exception of no backup
operator in responsible charge is required for systems whose minimum visitation
requirements are twice per year; and
c. submit a signed completed "Water Pollution Control System Operator
Designation Form" to the Commission (or to the local health department for
owners of subsurface systems) countersigned by the designated certified
operators, designating the Operator in Responsible Charge (ORC) and the
Back-up Operator in Responsible Charge (Back-up ORC):
(1) 60 calendar days prior to wastewater or residuals being introduced into a new
system; or
(2) Within 120 calendar days Following:
- receiving notification of a change in the classification of the system
requiring the designation of a new Operator in Responsible Charge (ORC)
and Back-up Operator in Responsible Charge (Back-up ORC) of the proper
type and grade; or
- a vacancy in the position of Operator in Responsible Charge (ORC) or
Back-up Operator in Responsible Charge (Back-up ORC) .
(3) within seven calendar days of vacancies in both ORC and Back-up ORC
positions replacing or designating at least one of the responsibilities.
The ORC of each Class II, III and IV facility (or the Back-up, when acting as
surrogate for the ORC) must:
- Visit the facility as often as is necessary to insure proper operation of the
treatment system; the treatment facility must be visited at least five days a
week, excluding holidays.
- Properly manage and document daily operation and maintenance of the
facility.
- Comply with all other conditions of 15A NCAC 08G .0204.
D. On November 30, 2017, the Mooresville Regional Office of the North Carolina
Division of Water Resources (DWR) was informed in writing by Mr. Ron Haynes, PE
(Operator in Responsible Charge) and Mr. Dan Dougherty (Backup Operator in
Responsible Charge) that they had tendered their resignations as ORC and Backup
ORC effective November 30, 2017 for the subject Waste Water Treatment Plant
(WWTP).
E. A DWR file and database review on December 12, 2017, confirmed the Water
Pollution Control System Operators Certification Commission had not received the
required Water Pollution Control System Operator Designation Form pursuant to
NPDES Permit NC0032867, Part II, Section C, 1. (c)(3) and North Carolina
Administrative Code 15A NCAC 08G .0201 (3)(c).
F. On December 12, 20I7, the Division issued a Notice of Violation/ Notice of Intent to
Enforce (NOV/NOI) NOV-2017-PC-0712 to Malik International, Inc. for failure to
designate, in writing, an ORC or Back-up ORC within seven calendar days of
vacancies in both the ORC and Back-up ORC positions replacing or designating at

least one of the responsibilities. This Notice was sent by Certified Mail, Return Receipt
Requested and was received on December 22, 2017.
G. On December 20, 2017, the permittee sent an email response to staff of the DWR
Mooresville Regional Office that indicated, "I am working on to get orc today, I
will assign her today send you the name, I am trying to get one in ASAP".
H. On February 5, 2018, DWR Mooresville Regional Office received, via fax, a signed
Water Pollution Control System Operator Designation Form dated January 28, 2018.
I. Dixon Branch and Kings Creek are both class C waterbodies in the Broad River basin.
J. The cost to the State of the enforcement procedures in this matter totaled $3,209.77.
II. CONCLUSIONS OF LAW:
A. Malik International, Inc. is a "person" within the meaning of N.C.G.S. 143-215.6A
pursuant to N.C.G.S.143-212(4).
B. A permit to discharge treated wastewater is required by N.C.G.S. 143-215.1.
C. Malik International, Inc was issued NPDES Permit Number NCO032867 for the Kings
Mountain Travel Plaza Waste Water Treat Plant, on December 18, 2013, effective upon
issuance, with an expiration date of August 31, 2018.
D. Malik International, Inc. violated Part II, Section C.1(c)(3) of NPDES Permit
NCO032867 and 15A NCAC 08G .0201 (3)(c) by the failure to designate, in writing, an
ORC or Back-up ORC within seven calendar days of vacancies in both the ORC and
Back-up ORC positions replacing or designating at least one of the responsibilities.
E. Malik International, Inc. may be assessed civil penalties in this matter pursuant to G.S.
143-215.6A(a)(2), which provides that a civil penalty of not more than twenty five
thousand dollars ($25,000) may be assessed against a person who is required but fails
to apply for or to secure a permit required by G.S. 143-215.1, or who violates or fails to
act in accordance with the terms, conditions, or requirements of such permit or any
other permit or certification issued pursuant to authority conferred by this Part.
F. N.C.G.S. 143-215.6A(b) provides that if any failure to act as required by the rules is
continuous, a civil penalty of not more than $25,000.00 per violation may be assessed
for each day the violation continues.
G. The State's enforcement cost in this matter may be assessed against Malik International,
Inc. pursuant to G.S. 143-215.3 (a)(9) and G.S. 14313-282.1 (b)(8).
H. W. Corey Basinger of the Division of Water Resources, pursuant to delegation
provided by the Secretary of the Department of Environmental Quality and the Director
of the Division of Water Resources, has the authority to assess civil penalties in this
matter.
III. DECISION:

Accordingly, Malik International, Inc. is hereby assessed a civil penalty of:
$3,000.00 For violation of Part II, Section C. 1. (c)(3) of Permit
NCO0322867 and 15A NCAC 08G .0201 (3)(c) by the failure to
designate, in writing, an ORC or Back-up ORC within seven
calendar days of vacancies in both the ORC and Back-up ORC
positions replacing or designating at least one of the responsibilities.
$3,000.00 TOTAL CIVIL PENALTY which is twelve (12) percent of the
maximum penalty authorized by N.C.G.S. 143-215.6A.
$ 209.77 Enforcement Costs
$3,209.77 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.
14313-282.1(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.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations
occurring after the assessment period indicated above. Each day of a continuing violation may be
considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties
and investigative cost may be assessed for any other rules and statutes for which penalties have
not yet been assessed.

V. TRANSMITTAL:
These findings of Fact, Conclusions of law and decision shall be transmitted to Malik
International Inc, in accordance with N.C.G.S. 143-215.6(A)(d).
Date
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ

JUSTIFICATION FOR REMISSION REQUEST
Case Number: PC-2018-0004 County: Cleveland
Assessed Party: Malik's International, Inc.
Permit No.: NCO032867 Amount Assessed: $3,209.77
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. § 14313-282. 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. 14313-282. 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 CLEVELAND
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Malik's International, Inc. )
Kings Mountain Travel Plaza WWTP )
PERMIT NO. NCO032867 ) CASE NO. PC-2018-0004
Having been assessed.civil penalties totaling $3,209.77 for violation(s) as set forth in the assessment
document of the Division of Water Resources dated Februaryl6, 2018, 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 520
SIGNATURE
ADDRESS
TELEPHONE