NC0032867_Enforcement (Letter)_20200507 (3)

STATE OF NORTH CAROLINA
COUNTY OF CLEVELAND
IN THE MATTER OF
MALIKS INTERNATIONAL, INC.
KINGS MOUNTAIN TRAVEL PLAZA WWTP
FOR VIOLATIONS OF:
NPDES PERMIT NO. NC0032867
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
CASE NO. PC-2020-0008
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environmental Quality
and the Director of the Division of Water Resources, I, W. Corey Basinger, Supervisor for the Division
of Water Resources (DWR), Water Quality Regional Operations Section's Mooresville Regional Office,
make the following:
I. FINDINGS OF FACT
A. Maliks International, Inc. is a person organized and existing under the laws of the State of
North Carolina.
B. The Kings Mountain Travel Plaza WWTP discharges via outfall 001 into Dixon Branch
and outfall 002 into Kings Creek, currently a Class C waterbody in the Broad River
Basin.
C. On June 22 18, 2018, Maliks International, Inc. was issued NPDES Permit Number
NC0032867 for the operation of an existing 0.0145 MGD extended -aeration wastewater
treatment system and the discharge of wastewater located at the Kings Mountain Travel
Plaza WWTP pursuant to the application received on March 7, 2018, in accordance with
the provisions of Article 21 of Chapter 143, General Statutes of North Carolina.
D. 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.
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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 staff and DWR personal to examine
the outfall safely.
E. 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
F. 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
G. November 5, 2018 correspondence also documented the timeline in writing.
H. 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 were noted on a previous inspection and have not yet been addressed
and 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.
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I. NPDES PERMIT NO. NC0022934 contains the following relevant permit conditions:
NPDES Permit NC0022934 Part II. Section C.2. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) which are installed or
used by the permittee to achieve compliance with the conditions of this permit. Proper
operations and maintenance also includes adequate laboratory controls and
appropriate quality assurance procedures. This provision requires the Permittee to
install and operate backup or auxiliary facilities only when necessary to achieve
compliance with the conditions of the permit.
J. The cost to the State of the enforcement procedures in this matter totaled: $486.15.
Based upon the above Finding of Fact, I, W. Corey Basinger, make the following:
I. CONCLUSIONS OF LAW
A. Maliks International, Inc. is a `person' within the meaning of G.S. 143-215.6A pursuant
to G.S. 143-212 (4).
B. Dixon Branch and Kings Creek located at the site constitutes waters of the State within
the meaning of G.S. 143-212 (6).
C. Maliks International, Inc. was issued NPDES Permit No. NC0032867 in accordance with
G. S. 143-215.1(a) for the operation and maintenance of a wastewater treatment system
and the discharge of wastewater in compliance with permit limits and conditions.
D. Maliks International, Inc. violated NPDES Permit NC0032867 Part II Section C.2. Proper
Operation and Maintenance by failing to properly operate and maintain the wastewater
treatment plant.
E. Maliks 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) per violation per day 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 Maliks International,
Inc. pursuant to G.S. 143-215.3 (a)(9) and G.S. 143B-282.1(b)(8).
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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.
Based upon the above Findings of Fact and Conclusions of Law, I, W. Corey Basinger, make the
following:
III. DECISION
Accordingly, Maliks International, Inc. is hereby assessed a civil penalty of:
$ 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
As required by G.S. 143-215.6A(c), in determining the amount of penalty, I considered the factors set
out in 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 violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were 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
DocuSigned by:
5/7/2020 �-
A14CC681 AF27425...
Date W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
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