NC0089001_Enforcement_20160602

PATMCCRORY
DONALD R. VAN DER VAART
Water Resources S, JAY ZIMMERMAN
ENVIRONMENTAL QUAOTY
July 7, 2016
Charles Graharn
Mooresville Oil Company, Inc.
PO Box 28
Mooresville, NC 28115-0028
Subject- payment Acknowledgement
Denver Express Mart
Permit Number-. NCO089001
Case Number: LV-2016-0082
Catawba County
Dear Mr. Graham-.
This letter is to acknowledgereceipt of payment in the amount of $450.53 received from you on
July 05, 2016. This payment satisfies in full the above civil assessment (s) levied against the
subject facility, and this case has been closed. Payment of this penalty in no way precludes
future action by this Division for additional violations of the applicable Statues, Regulations, or
permits.
If you have any questions, please contact Wren Tedford at 919-807-6304.
Sincerely,
'Wren Thedford
Wastewater Branch
cc: Central Files
NPDES
Mooresville Regional Office
State ofNorth Carolina I Ertoironinental Qualhy Water Removes
1617 Mail scmict Center I Raleigh, North Carolina 27699-1617
919 807,6300

WaterResources
ENVIRONMENTAL QUALITY
June 2, 2016
CERTIFIED AEIL 7013 2630 00018998 I
RETURNI T REQU STED
Mr. Thomas W. Garrison, III
Enviromnental Compliance Services, Inc.
13504 + uth Point Blvd, Ste. P
Charlotte, NC 28273
PAT MCCRORY
ovcm w
DONALD R. VAN DER V a '
Na'C'I's'uwj'.
S. JAY ZIMMERMAN
"';t' oup
Subject: Remission Request of Civil Penalty Assessment
Mooresville Coil Company, Inc.
Denver Express Mai
NPDES Permit NCO089001
Case Number L - 1 -008
Catawba County
Dear Mr. 'son:
In accordance with North Carolina General Statute - 1 . A( , the North Carolina
Division of Water Resources (the Division) has reviewed your request to remit civil penalties
in the subject case. We regret to inform you that the Director has denied your request.
Our records indicate the facility received the penalty letter on April 6, 2016. A response by
either payment, a written request for remission, r a petition for an administrative hearing
with the Office of Administrative Hearings was due by May h, 2016. The remission request
was received on May 13, 2016, which is outside of the 0-day statutory limitation
Therefore, your outstanding balance (4 0. is die and payable
Please make your cheep payable to the: Department of Environmental Quality (DEQ). Send
the payment, as soon as possible, to the attention of.
Wren Thedfcr
NCB DDi ater Quality Permitting tion
1617 'f ail Service Center
Raleigh, North Carolina 7 -1 1
State of North Carolina . Environmental Quality j Water Resources

PPr. Ga `sr
June , 1
aril you for your cooperation in this matter. Ifyou have any questions, please contact
Derek Den at d ek.clerz 1d&� . ca p or call 919-807-6307.
w�
jf l i erely,
S. Jay Zimmerman, or
Division of Water Resources, N6EQ
Attachments: e itte's Request for Remission
Waver of Rights to Administrative Hearing and Stipulationof Facts
cc-
n rrreement Fit
Central Files

PIP -
IN HIENIATFUR OF ASS! S :'N r } WAIVER OF RIGHTTO
AN
Mooresville ()it "crrralarr Ine 'STIPULATION OF FACTS
Denver Express Mart
PERMI r t-'0089 tO l CASF NO. ' fi ttflfl
14 vi g been assessed c irr If penlilties totaling done- v iol4ic" (s) as' sir forth in the ������� ���.��� (j�)(-jimclit o ti Division
ision
cal' hater Resources dated Aartt , Zt-1 ' ttte undersigned. desiring tca seal: rr-ta-ti�slora of ttae civil peaixltv, doeficreb"rrtve
the right to all administratiNe hearilig in the above -stated itttter anti do —es- stipulate that dw fats arc tis allegoLl !ra ttre
asse
�
�rt-asr�i bet�rtaitte t ttthetirte�rr etl rDivision en�:e te:rat !sa �+tapoit ��t"rc,ratiscl�.�a� �at�tti�s civilIt
:�tat�ar ca�rat��trt I ka rraatlt�l;tteti ftrrtlt�rtder�tthat
Water Resources, within tdart. t, 3ttl cf.av�; of rcc eipt of'thnotice
e n� tice
Orzi,'"iessincilL No raew v^ r erwt: in supportofa remission request will t alltiN ead ratter t ldl c[ aN s fr��ira tliv r°ec
notice oil�t of tire:
f" ss srraent,
This the
day of t
m
It sN'!°l R E
(704) 4-49 4
RECEIVEDINGDEGUNIR
MAY 132016 $

13504 South Point Boueyard, Unit F, Chadotte, NC 28273 tel 704 583,2771 fax 704 583,2744 www,ecsconsut com
Wastewater Branch April 20, 2016
NCDEQ/ DWR
1617 flail Service Center
Raleigh,, North Carolina 27699-1617
Re; NOV & Assessment of Civil Penalty
Denver Express Marl:
Calawba Countv
Case Number �V-2016-0082
1-7.,CS Prq�ject Number 14-810245
Dear Sir or Madani:
In response to the above nicntioncd correspondence dated Nlarch 10, 2016, Environmental Compliance
Services., Inc. (ECS) oil behalf ol'NMooresville Oil Company, Inc, is requesting as remission of enforcement
For permit exceedance, A penalty has already been paid by Nlooresville Oil Company, Inn. in the amount
of` $450,531 for a violation in September 2015 and an effort was made by ECS to make actiusti-nerns to the
system to correct the issue. As mentioned, subsequent to the September 2015 exceedince, the system was
shut-do\vir and the granular activated carbon ((JAC) LnInS were regenerated and the system was restarted,
After further evaluation, it appears tire venclor did not reconnect the units properly and the GAC units
were, essentially being bypassed at vvilich point the units failed. Following the exceedance in November
7t115, the system was shra-down and did not operate Until the units were completely replaced in February
2016, As stated, this has since been corrected as of February 4, 2016 as the GAC units were replaced
Nvith new vessels and virgin carbon, The systern wits restarted, with no discharge, and all effluent sample
'was collected on this date from the effluent stream which indicated 1.2-dichloroetharre was belovv the
allowable discharge limit prior to putting the system back into operation.
In addition., based oil a ft.)HOW-Up, Conversation with Mr, Roberto Scheller of the NCDEQ, Mooresville
Regional Off -ice on March 15, 2015 reg rding the permit violation, it appears sampling and reporting of
,a
sample results was being conducted more frequently thar) required by the applicable NPDES Permit in
order to evaluate rnontlil),, system perforritance fit accordance with the approved Corrective Action Plan
developed for the site, The sampling and subsequent reporting has since been incidified as well and will
only be completed in the future to conforrit to the requirements of the applicable permit.
We appreciate an\, recoils ideration and lenience oil the enforcement you call give us with this request
given the circumstances and efforts to abate the exceedance and if you should have ally questions or
comments please feel free to contact rare at [phone],
Sincerely,
ENVf RONME, -AL COMPLIANCE SERVICES, INC.
Thornas W. Garrison, III
('11wrlotte Branch :Umager
Attachment: February 2016 Effluent Laboratory Data
WHERE BUSINESS AND THE ENVI
RECEIVEDINCE)EUDWR
water Quafity
permitt'ng 'Sectioll
CONVERGE
"�H ma`f<z'w' NW Gmo"O,"w.
-n"'JW"
A

r
geturnAt"
April 05, 2016
Charles Graham
Mooresville Oil Company Inc.
PO Box
Mooresville, NC, 113-0028
SUBJECT?notice ofViolation and Assessment of Civil Penalty
for Violations ofNorth Carolina General Statute . . 143- 1 .1(a)(
and NPDES, WW Permit No. it O089 0
Mooresville Oil Company Inc:
Denver Express Mart
Case No. LV-2016-0082
Catawba County
Dear Mr. Graham:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $450.53 3 0.00 civil penalty 4.
100. 3 enforcement costs) against Mooresville Oil Company Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report i3MP.
submitted by Mooresville coil Company Inc. for the month of November 2015. This review has shown the subject facility to
be in violation of the discharge limitationsand/or monitoring requirements found in DES WW PermitNo. N C0089001:
The violations, which occurred in November ber 01 , are summarized in AttachmentA to this letter'..
Based upon the above facts, l conclude as a matter of law that Mooresville Oil Company Inc. violated the terms, conditions
or requirements of NPDES WW Permit No. NCO089001 and G.S. 1 3- 1 .1(a)(fr) in the manner and extent shown in
Attachment A. In accordance with the _maximums established by G.S. 143- 13, A(a)(2) a civil penalty maybe assessed
against any person who violates the tenns, conditions or requirements of a permit required by G3, 143-213.1 ).
Based upon the above findings of fat and conclusions of law, and in accordance with authority provided by the Secret
ary
of the Department ofEnvironmental Quality and the Director of the Division of Water ltesources,1, W. Corey Basinger,
Regional Supervisor, Mooresville Regional Office hereby male the following civil penalty assessment against Mooresville
Oil Company Inc:
State of North arolina I Enviretunental Quality y water Resources
610 F&A Center Nvenue, Suite 301, Mooresville, NC 28115
7 - 3-t 9'

M0 ,00 1 of the I violations of 143-215.1(a)(6) and PeitNo,NC0089001,bydischarging waste water into
the waters of the State in violation of the Ise it Daily Maximum for 1,2-D [CBLOROETHANE:
5_12 50 - 0 Q I of the I violations of 143- 215, 1 (a)(6) and permit No NCO08900 1, by discharging, waste water into
the waters of the State in violation of the permit Monthly Average for ,1,2-DICHOROETRANE.
$-15000 TOTAL, CIVIL PENALTY
i 100 - L3 Enforcement Costs
$45QJ3 TOTAL AMOUNT DUE
Pursuant to G . 143 -215.6 A(c), in determining the amount of the penalty I have taken into account the F i ndings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282,1(b), which are.-
(1) The degree and extent of hann 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.
Within thirty � (30) days of receipt of this notice, you must do one of the following:
(1) Submit payrnent. of the penalty, OR
(2) Submit awriftea 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 inelude 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 a 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 it
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 ofWater 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;
() whether the violator promptly abated continuing environmental damage resulting from the violation,
() whether the violation was inadvertent or a result of an accident;;
() whether the violator had been assessed;civil penalties for any previous violations,;; or
( 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 "rater Resources will review your evidence and inform you of his decision in the ,natter 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 die
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.
Remission .equst.'
Both forms should be submitted to the following address -
Wastewater Branch
Division ofWater Resources
1617 fail Service Center
Raleigh, forth Carolina 276q-1 h1

Qption3: File a.petition for an administrative hearingwith the Office of Administrative Heaniggs:
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 offloial 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 § 1 50B-23 2) is received in the
Office of Administrative Hearings within seven (7) business days following the taxed or electronic transmission. You
shouldcontact the Office of AdmimstrativeUeLaLbXs. wittLa LApestunis 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:
Office of Administrative Hearings
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. Sam M. Hayes, 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.
If you have any questions, please contact Roberto Scheller with the Division of Water Resources staff of the Mooresville
Regional Office at [phone] or via email at roberto.schelterCakncdenr.gov.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/E nforeement Unit - Enforcement File

ATTACHMENT
Mooresville Oil Companyind
CASE NUMBER: 9 « 4i6-008
PERMIT; N666600
FACiLII`Y: Denver Express Mart
COUNTY: Catawba
REGIOW
Mooresville
Lirraii Violations
MONITORING
O FALL/
VIOLATION"
ONIT OF
CALCULATED
%OVER
PENALTY REPORT
PPi LOCATION PARAMETER
DATE FREQUENCY
MEASURE
UNIT- VALUE
LIMIT
VIOLATION TYPE
$10000 11-2015
ODI effluent 1 Di LET
11110116 Quarterly
U911
038 0,60
526
DWy MaxWiumExcee
6260dril 11-201
001 Eftent 1 MCLFT
11130115 Quarte0y
U9A
638 060
62.6
MontWyAve Exceeded
z�
s

TUSTIFICATION FOR REMISSION MQjj T
Case Number: ITV- 2016-0082 County. Catawba
Assessed Party: Mooresville Oil Company Inc.
Permit No.- NCO089001 Amount Assessed: J45Q-5�3
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver oj'Right to im Administrative Hearing, and Stipulation (?f Facts"' form to request remission of this civil penalty.
You should attach any document-, 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. § 14313-2811 (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. 143B-282.I(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalt y 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 anti preventfutm-e occurrence�) -
(c) the violation was inadvertent or a result of an accident (i.e,, explain wky the violation was unmoidable or
somethingyou could .scat prevent orpre parefor),,
-- (d) tire 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 (#'the civilpenally will prevent you from performing the activities necessary to achieve
compliance,),
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CATAWBA
IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Mooresville Oil Company Inc
Denver 'Express Mart
PERMIT NO. NCO089001 CASE NO. LV-1016-0082
Having been assessed civil penalties totaling 1450.53 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated ApdL5 ,2016, the undersigned, desiring to seek remission of the, civil penalq,, does hereby waive
the right to an administrative hearing in the above -stated matter and does stipulate that the fact,-,, 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 a.day of 20__
SIGNATURE
ADDRESS
TELEPHONE

DIVISION OF "tr4°'ATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Mooresville Coil Company,inc
Facility' Name: Denver Express Mart
Permit Number: N"O089001
County- Catawba
Case Number; LV-2016-0082
ASSESSMENT FACTORS
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; No harm has been documented; however, e ceedances of 1, -dichl ar eth n
may result in tonicity, of thereceiving stream mid have a detrimental effect oil aquatic life.
) The duration and gravity of the violation)
The violations occurred during the month of November 2015.
) The effect on ground or surface water quantity or quality or on air quality;
No effects on ground water, air quality, or surface waters have been documented.
4) The cost of rectifying the damage
The cost of d rages is unknown.
S) The amount of money saved by noncompliance;_
Amount of monies saved by noncompliance unknown,
) Whether the violation was committed willfully or intentionally,
The violations do not appear to be willful of intentional.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority '
The subject facility has had three (3) noted violation against in the past 12 months, from October 201 to
October 2014, (?w OV-2f11-1.,R,-00 , NOV-21 -pit-f141 p,NOV- 01 -T -t1f11 ) and one enforcement case
number Z - f11 - t1
) The cost to the State of the enforcement procedures.
The cast to the Mooresville Regional Office is $100.53
Regional Office Clerical Staff — one hour $15:00
Enforcement case preparation staff time — one hour~ 33.13
Regional Office Supervisor review — one hour 2.4t1
'rota14 $100.53
15
t
Date
W. Gorey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NC DEC