NC0032867_Enforcement (Letter)_20200507 (2)

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
May 7, 2020
CERTIFIED MAIL 7018 0360 0002 2099 8023
RETURN RECEIPT REQUESTED
Laeeq Khan, President
Maliks International, Inc.
3425 Carnoustie Drive
Chambersburg, PA 17202
SUBJECT: Assessment of Civil Penalty for Violations of
North Carolina General Statute (G.S.) 143-215.1(a)
NPDES WW Permit No. NCO032867
Maliks International, Inc. / Kings Mountain Travel Plaza WWTP
Case No.: PC-2020-0008
Cleveland County
Dear Mr. Khan:
This letter transmits notice of a civil penalty assessed against Maliks International, Inc., in the amount of
$3,486.15 ($3,000.00 civil penalty and $486.15 in investigative costs). Attached is a copy of the assessment
document explaining this penalty.
This assessment is based upon the following facts:
On August 8, 2018, an inspection was conducted by MRO staff that resulted in the issuance of a Notice of
Violation (NOV-2018-PC-0323) dated August 15, 2018. The following violations were noted requiring
immediate attention:
• Two septic tanks were non -operational, leaking, and not appropriately piped or valved. The two septic
tanks must be properly sealed to avoid leaching wastewater to the ground, and properly piped so they
can be used as indicated in the permit.
• The facility has two (2) permitted aeration basins: Only one of the aeration basins was operational,
the second basin had no blowers and was being used as a storage tank to store sludge. Additionally,
the aeration basin grating was insufficient. Grating should be properly installed to ensure the safety of
the ORC/operators and DWR inspectors.
• The ORC indicated that the aerobic digester and a holding tank may be leaking. The tanks should be
tested for possible leaks and if found to be leaking, they should be repaired and properly maintained.
• At the time of the inspection, the flow meter chart recorder was not operational.
• At the time of the inspection, the right of way to the outfall was overgrown and the outfall could not
be reached. The right of way should be maintained to an acceptable level that will allow the facility
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
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Mr. Khan
May 7, 2020
Page 2 of 5
staff and DWR personal to examine the outfall safely.
On September 11, 2018, the permittee sent a response letter for NOV-2018-PC-0323, providing the following
timeline to resolve the violations and achieve compliance with the permit:
• Two Septic tanks — repair leaks and connection piping August 1, 2019
• Inactive aeration basins — install blowers and grating May 1, 2019
• Aerobic digester and holding tank leaks and repair — inspect/repair January 1, 2019
• Flow meter chart recorder — repair and put in operation October 15, 2018
• Right-of-way to the Outfall 001 — clearing and inspection November 1, 2018
On October 18, 2018, after an onsite meeting the following revised timeline was agreed upon:
• Flow meter chart recorder — repair and put in operation February 1, 2019
• Two septic tanks — repair leaks and connection piping May 1, 2019
• Inactive aeration basins — install blowers and grating June 1, 2019
• Aerobic digester and holding tank leaks and repairs — inspect & repair August 1, 2019
• Right-of-way to the Outfall 001 Completed
This agreed upon timeline was documented in writing in a correspondence dated November 5, 2018.
On January 28, 2020, an inspection was conducted by MRO staff that resulted in the issuance of a Notice of
Violation (NOV-2020-PC-0073) dated February 5, 2020. The following violations that were noted on a
previous inspection and have not yet been addressed require immediate attention:
• At the time of the inspection, the flow meter chart recorder was not operational
• Two septic tanks were not operational, leaking, and not piped nor valved. The two septic tanks must
be properly sealed to avoid leaching wastewater to the ground and properly piped so they can be used
as indicated in the permit.
• The facility has two (2) permitted aeration basins: Only one of the aeration basins was operational.
The second aeration basin had no blowers and was being used as a sludge storage tank. Additionally,
the aeration basin grating was insufficient. Grating should be properly installed to ensure the safety of
the ORC/operators and DWR staff.
• The ORC indicated that the aerobic digester and a holding tank may be leaking. The tanks should be
tested for leaks and if found to be leaking they should be immediately repaired and properly
maintained.
The State's enforcement costs in this matter may be assessed against Maliks International, Inc. pursuant to
NCGS. 143-215.3(a)(9) and NCGS 14313-282.1(b)(8).
Based upon the above facts, the Division concludes as a matter of law that Maliks International, Inc. violated
the terms, conditions or requirements of NPDES Permit NC0032867, in the manner and extent shown above.
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 Environmental Quality and the Director of the Division of Water

Mr. Khan
May 7, 2020
Page 3 of 5
Resources, the Division hereby makes the following civil penalty assessment against Maliks International,
Inc..
3 000.00 For violations of NPDES Permit NCO032867 Part II Section C.2. Proper
Operation and Maintenance by failing to properly operate and maintain the
wastewater treatment plant.
486.15 Enforcement Costs
3 486.15 TOTAL AMOUNT DUE
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 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 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:
Division of Water Resources
Water Quality Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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 143B-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 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

Mr. Khan
May 7, 2020
Page 4 of 5
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:
Division of Water Resources
Water Quality Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 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, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
AND
Mail or hand -deliver a copy of the petition to:
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.

Mr. Khan
May 7, 2020
Page 5 of 5
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,
DocuSigned by:
A14CC681 AF27425...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
I II :t - 89-UT L0 &11
cc: Mooresville Regional Office Enforcement File NCO032867 permit file
Cleveland County Health Department
ec: DWR Laserfiche w/attachments
DWR Compliance & Expediated Permitting Branch / Derek Denard [[e-mail]]