NOV-LR-2020-0033

ROY COOPER
f'--nor
MICHAEL S. REGAN
Sc&-wrry
S. DANIEL SMITH
Gem rar
NOR N I CAROLI NA
Envlranmrntal Qualify
Certified Mail # 7016 3560 0000 4428 6727
Return Receipt Re uested
May 11, 2020
Richard A Williams, Terminal Manager
Zenith Energy Terminals Holdings LLC
Arc Terminals Holdings LLC
2999 W Oak St
Selma, NC 27576
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2020-LR-0033
Permit No. NCO027227
Zenith Energy - Selma
Johnston County
Dear Mr. Williams:
A review of the February 2020 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation indicated below:
Reporting Violation:
Sample
Location Parameter
Date Type of Violation
3/31/2020 Late/Missing DMR
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of
not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or
fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.

If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within six 60 business da s after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Monitoring
Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no
response is received in this Office within the 60-day period, a civil penalty assessment may be
prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter or to apply for an SOC, please contact Mitchell Hayes of the
Raleigh Regional Office at 919-791-4200.
Sincerely,
P2-- Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Raleigh Regional Office - Enforcement File
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