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Home My WebLink AboutNC0032867_Enforcement_20130924E TIFI L 7010 0780 0000 aeegI ha President :INIaliks International, Inc; 00 Dixon chool Road Kings Mountain, North Carolina 28086 SUBJECT: Notice of Violation and Assessment of ,,ivil Penalty for Violations off C. General Statute 14 -215,1 d () andNPDES Permit No. NC(l03286 t Kings Mountain Travel Plaza W1 £T Cleveland County Case No, t.V-` 01 - 171 Dear Mr. This letter transmits a Notice ofViolation and assessment Of civil penalty in the amount O 2,91 ($1 00,00 civil penalty + $148.91 enforcement costs) against i� aii s International, lnc This assessment is based ulautt the fsell dfl�a ing to .ts: review has heen facilityconducted be in�t��lati�art monitoring data reported for May elf 3, This review has shown the subject of the discharge limitations found in NPDES permit NoO032867. The violations are surn ca.ri ed in Attachment A to this letter, Based upon the above tracts conclude as a matter of lawhat � liks t� )3Internandational, North In Carolina violated the terms, conditions, or rutrezrae�ais cat P�l�, permit General statute ti �. 14�-� l �.l lady in flee ma, +arad extent shay-�a in Attachment A. Acivil sttal�lished by C�. . 1-� lf.i�(.a)t2l Penalty may be assessed in accordance with the ma itaiums e Based upon the above findings of fact and conclusions of law, and i ante the l }irectorith horit provided y the. Secretary of the Department o 1.�.r virottanent an rural Resources i si �n d titer Resources, 1, Michael L. Parker, Regional Supervisor for the Mooresville of thecivil Penalty assessor ent,against Malilts ltatet'aatiotaaly lac:: Region, hereby make the following mooresvilie, Rssj�ofi�f Office Otte phUstp (704)6631�a1 Fax t D4 663- 04p\CXu.t-M T�w��, ff�x i��3�f�c E fw. k gspjjp EGa�Tic arE wrg 100.00 For--j _ofthe one (1) violation of G.S. 143-215,1(a)(6)and NPDFIS Permit No. NCO032867, by discharging waste into the waters of the State in violation of the pertnit monthly average effluent limit for ararrionia. 190.00 TOTAL CIVIL PENALTY S-_ 148..,91 248.91---, Enforcement costs 'rOTAL ANIO t RAT 1) UP Pursuant to G.S. 143-215,6A(c), in detennining, tire amount of the penalty I have taken into account the Findings of Fact and Conclusions of 1-aw and the factors set forth at G.S, 14313-282. 1 (b), which are- (1) The deigree 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 groundor surface water quantity or quality or on air quality; (4) The cost of rectifying the damage, (5) 'Fhe 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. Within thirty, days of receipt (if this notice, you must do one of the follorving,- 1. Submit payment of the penalq,: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include u,,aiverji)�rtj,t). Payment of the penalty Will Dot foreclose further enforcement action for any continuing or new violation(s), Please submit payment to the attention of Point Source Compliance/Enforcement Unit Division of Water Resources 1617 Mail, Service Center Raleigh, North Carolina 27699-161, 7 ig 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factorslisted below as they may relate to the reasonableness of the ainount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violationts) 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 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 G.S. 14313-2811 (b) were 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 accideral- (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 thatt all information 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 infortir you of his decision in the matter of your remission request. The response will provide details regarding case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Corannttee 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 roust complete and submit the enclosed "Waiver of Right to an Administrative Hearing and Stipulation of Facts" forin 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 - Point Source Compliance/F,tiforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If YOU Wish to contest ally 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 Of of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered tiled 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 IrOLUS of 8:00 a.m. and 5-00 p.ni., except for official state holidays. The petition may be filed by facsimile (tax) 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 faxed or electronic transmission, You should contact the Office of Administrative Hea-rings,,vith 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: Office of Administrative Hearings 6714 Mail Service Center Raleigh,,N(' 27699-6714 Tel: (919) 431-3000; Fax: (919) 43 1 -3 100 One (1) copy ofthe petition must also be served on DEN R as follows: Mr. Lacy Prcsnell, General Counsel D E', N R 1.601 Mail Service Center Raleigh, NC 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 notice, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being refeiTed 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 the violations are of a continuin natnrc,not el "te tea ca drat la and/or maintenance vroblems, and -You anticipate reru dial. _thn i — _q__ _qonstruction activities , ex wish assessment or a, Slig,�q:lal—Orcler—by-Con_seliA., _please, contact the, Wkt�grResources A& of the, Mooresvil I e Re ice at 704IM-I'A-162-9. gional Office , j--j— >—i4ael"l,,-ParkeCr,-IR—�e-gii,onaI upervisor Mooresville Regional Office Division of Water Resources ATTACHMEN'rs cc: Mooresville Regional Office Compliance File w/ attach. mants Raleigh Compliance/Enforcement File w/ attachments Central Files w/ attachments ATTACHMENT CASE NO. LV-2013-0171 C tf ff Date _Parameter ort c d _Va I a e Permit fl1 it 1 5 11 / 13 Ammonia 10.4 rng/L 7. it, (mot-tthl average) The Malik-, International, Inc. repute to NOV-2013-LV-0490received on September 10, 201 , was reviewed b DWQ staff, Mitigating factors were found that resulted in, a reduced civil penalty atriount. S'l All OF NORTH CAROLINA COUNTY OF CLFVELAND INTHE MATTER OF ASSESSMENT OF CIVIL PENALTY AGATINST MALIKS INTERNATIONALJNC. PERMIT NO, NC003'2867 DEPARTMENT OF I' NVIRONMENT AND NATURAL RE'SOURCES WAIVER OF RIGHTTO AN ADMINISTRATIVE HEARING AND STIM-TLATION OF FACTS TILE NO. LV-201:1-0171 Having been assessed civil penalties totaling $248.91 for violation(s) as set forth in the assessment document of the Division of Water Resources dated the undersigned., desiring to seek remission of the civil penalties, 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 doCURIeTlt, The undersigned further understands that all evidence presented in support of renussion of this civil penalty must be submitted to the Director of the Division of Water Resources within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be a] lowed after 30 days from the receipt of the notice of -assessment. This the day of 2013 BY ADDR-ESS TELEPHONE JUSTIFICATION FOR REMISSION .IOW "I" DWR ease Number: ber LV-2013-0l f° l Assessed Party: Mali s Int r-national, Inc. County: Cleveland vslang Permit Number: NCO032867 Amount Assessed: $248.91 Please use this forin when requesting remission of this civil penalty. You must also complete the. "Reauestr a,s is .�i a�� r�a �� _ca �mi� form to request remission ofthis civil penalty. You should attach any documents that you believe support your request aiad 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 ar iount 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 penailty,, assessment doc unient Pursuant to ,C.G,S. § 1431Imm2 ltci, remission of a civil penalty may he granted Only when one or more of the following five factors applies. Please check each factor that you believe applies to v our case and provide as detailed explanation, including copies of supporting documents, as to why- the factor applies (attach additional pages as needed). aa) one or more of the civil il, ena�l 3 ,.s ess ent factors tp_ f G. . 1 3 I h y er r an fpl lied t.c tad detriment of the, �ritita r (Me assesstnentfactors are listed in the civil penalty assessment ant documenfi i P tie i tccr r ant bLaaal cl ,s aar tinrtita eaa f anrr:o t l dgma ze ze ulti i fr y the yriolattJo ti.e,, explain ain the steers that you took to correct the violation .and pr event liaturae occurrences)' (c) the violation was inadvertent or a result of an accident (Le,, explain y the violation iv as unavoidable or so nethin ':tou could rant prevent or rep ar16r): tdt theviolator had not been assessed civil, enalti JYor an x pt -sious violation l ? pMnt of t ie ciy' pgnalt °sill st° nt a ni t liar tlae c aii iiie necessary retie a t. action (i.e., explant laowpua vrnent of the civil penalty will prevent you :rrl"a.inper/brPninl the activities necjess rr3° to achieve compliance), EXPLANATION: tame additionalpages aav necessary) Violator: Maliks lntematjojsajInc. Facility: Kings Mountain Trqyq] Plaza WWTP County: Cleveland Case Number: LV-2013-0171 Permit Number: NCO032867 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; Ri The receiving stream it Dixon Branch, a class C strearn, in the Broad River basin, 2) The duration and gravity of the violation; The ammonia dono�ntration was 6,75 mg/L, 815 rhg/L115 rn�IL, 10,5 mg/L, and 1Z9 mg/L when sampled on May Ist, 8th� 15th� 22nd, and 29th. These concentrations resufted in a monthly average ammonia concentration of 1 OA mg/L, which exceeded the permit limit of 7, 9 mgfL by 31,4% 3) The effect on ground or surface, water quantity or quality or on air quality; 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown. 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 The cost to the State of the enforcement procedures„ The cost to the Division of Water resources is $148.91, Date Michael L Farber, Regional Supervisor Mooresville Regional Office Division of Water Resources PERMIT: NCO032867 FACILITY: Maliks,-International Inc -!tinge Mountain Travel Plaza COUNTY: : Cleveland RFt;3lON, Mooresville I,eA Wp�.t„.. Limit Violation ��.. p +... 5 `"a' 4.., # f. ��m _' ..^ 4 I Irv` MONITORING OUTFAL f » t REPORT pill VIOLATION LOCATION PARAMETER DATE UNIT OF FREQUENCY MEA tJFdE LIIVI9T CALCULATED VALUE %: OVER LIMIT VIOLATION TYRE VIOLATION i ACTION Da-p1 C�Qt Ffluer�t i#rgn„mmT#ai(#5d1�1 tkl rr B1' 7. 1.39 #a##rl} AverageExceededdr�n .... PERMITt-W0066397 FACILITY: Clevolarobi County Schools - Casar Eleqieotary School COUNTY: Cleveland REGION: Mooresville WWTpd.... Limit Violapon `t MONITORING OUTFAkL F REPORT RRII i VIOLATION LOCATION DATE UNIT OF "LLIMIT CALCULATED PARAMETER FREQUENCY MEASURE VALUE %;OvERLIMIT VIOLATION TYPE VI0LATI!?NACT9ON 05-2013 001 i Effluent 100orm, decal ME, M-FC 05/29113 Broth,44. 2 X month #1100ml 40 1,04 16t� DailyMaxlrnurr Exceeded None 05 -2C313 On: Effluent DO, Oxygen, Dissolved 05122/13 Weekly Mg/l U 5,8 3.33 Daily Minimum Not Reached None PERMIT: NCOOZ0036 FACILITY", ", Town of Stanley - Lola Street 1,Ittill tPCOUNTY- Gaston REGIOW Mooresville J py $$ y Limit m Violation I»IW3'11# 1A'I�l�ltt�t w lrm..b ... w'� µ � �" '� l.ro. V �h t MONITORING OUTFALL! REPORT Pt"t � VIOLATION UNIT OF CALCULATED �. LOCATION PARAMETER DATE FREQUENCY MEASURE i LIMIT � VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION 3 =24�13 1 Effluent Nitrogen, Ammonia Total (asQ5i11/13 Weekly mgfi ' �• 1 1t19 Weekly Average Exceeded None I �) - Cc�ncdr�tratlar� 0g,,2ti1 001 z Effluent Nitro, n, Ammonia Total i s C1�12 113 N} - oncentratio 4lVeekly gtl 6 ' 1�1 ' 1 3.33 WV ekly Average Exceeded None ,65 -2tai3 001` Effluent Nitrogen, Ammonia Total (a , �y g 2� o 91� 234.2 Monthly Average Exceeded None D - Concentration �. aLT-W*WA ;L-A A"Mmm. F ILE Pr NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Regional Operations Pat McCrory Thomas A, Reeder John E, Skvarfa, ill Governor Director Secretary October 18, 2013 0-LQEX10 CERTIFIED MAIL 7010 1870 0001 1558 1313 Tel RECEIPT REQ [TESTED Laeeg Khan, President Maliks International,, Inc. 400 Dixon School Road Kings Mountain, North Carolina 28086 SUIBJECT.- Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-21 S. I (a)(6) and PDES Permit. No. NC O032867 Kings Mountain T'ravel Plaza WINITP Cleveland County Case No. 1,,V-2013-0189 Dear Mr. than `Fhis letter transmits a Notice of Violation and assessment of civil penalty in the aniount of $248.91 ($100,00 civil penalty + $148.91 enforcement costs) against Maliks International, Inc. 'I'his assessment is based upon the following facts: A review has been conducted of the self - monitoring data reported for June 2013. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Pennit No. NCO032867. 'Fhe violations are, summarized in Attachment A to this letter. Based upon the above facts, I conclude as, a matter of law that Maliks International, Inc. violated the terms, conditions, or requirements of NPDES Perrint No, NCO032867 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximunis established by G.S. 143-215.6. a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources, 1, tMichael L, Parker, Regional Supervisor for the Water Quality Regional Operations Section, Mooresville Region, hereby make the following civil penalty assessment against Maliks International, 1nc,-. MccresvMe Reqional Office Locabow 610 East Center Ave- Suile 301 MooresOla, NC 28115 One Phone: (704) 663-1699', 5ax� (704 ' 063-604V Customer Service 1-877-623-6748 NofthCarolina Intemet [iTtp-!'Ino�Ial,ncdenr,orglwebi,wq al'u,"', , 'ppof'Ulfly s Affirma'I'e ai"'Nv- - rnio:w 3,0% Recyed, 10% L",:Ku C nsjrnpr raper 1vautraulf 1 K00 148.91 248,91 7'q For-- J—of the one (1) vG iolation of S, 143-215,1(a)(6)and ,NPDES Permit No. NCO032867, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for arnmonia. TOTAL CIVIL PENALTY Enforcement costs TOTAL AMOUNITDUE 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. 143B-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 on air quality; (4) The cost of rectifying the damage; (5) The a -mount 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 pro rare over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the t"ollowing-, 1'. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiverjl rm), Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s), Please submit payment to the attention of., Point Source Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 2. Submit a written request for remission 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 penalty I . assessed. Requesting rernission is not the, proper procedure for contesting whether the violation(s) occurred or the accuracy , of any of the ("actual statements contained in the civil penalty assessment document. Because to 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 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 deterrinning whether a remission request will be approved, thefollowing factors sliall be considered.- (1) whether one or more of the civil penalty assessment factors in G.S. 14 3 B-282, I (b) were wrongfully applied to the detriment ofthe petitioner; (2) whether the violator promptly abated continuing envii-onrnental damage resulting from the violation; (3) whether the violation was inadvertent or a result ofan accident; (4) whether the violator had been assessed civil penaltiesfor any previous violations;, or (5) whether payment of the civil penalty will prevent payment for the retuaining necessary remedial actions. Please note that all information presented in support of your request for remission must be submitted in %vriting. 'I'lie Director of the Division of Water Resources will review your evidence and inforn-i you of his decision in the matter of" your rerrussionrequest. The response will provide details regarding case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Retnissions (Committee). Please be advised that the Comirtittee cannot consider urformation 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 "Waiver of Right to an Admirristratio e 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: Point Source Corripliance/Enforcernent LJitit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 ma 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 at) administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative flearings 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 § 150B-23,2) is received in the Office of Administrative Hearings within seven (7) business days following the taxed or electronic transmission. You should contact the Office olAdininistrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fim numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 431-3 000; Fax: (919) 43 1-3 100 One (1) copy of the petition must also be served on DEN R as follows - Mr. Lacy Presnell, (ienerod Counsel DENR 1601 Mail Service Center Raleigh, NC 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 notice, as evidenced by an internal date/time received stamp (riot 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, Ifthe violations are of a conti nuiLi& nature nL)t[qli eqt d to p a i o!1 and'or maintenai roblems. and ipatq cil S� t u mu vi -L_ W to actNik:—h�aYg— sh to consider at - tL L Consent. If )014�L a s mL his.01 P-Pnv� qflt--A 61-M41-tA assessment or a Srecial Order by -',(,Ln,5ent,,Vlease, Water Resources staff of the Mooresville Itu onal 699. 6631 ------------ stet------ 4 i c h a c I L .Marl e r I Ise g'i o ir -a —1S"-u- p o r Mooresville Regional Office Water Quality Regional Operations Section f)ivision of Water Resources ATFACI.-IMENTS cc: Mooresville Regional Office Compliance File Nv/ attachments Raleigh Compliance/Eriforcement File w/attachrrients Central Files w/ attachments m1p/ma ATTACHINIENTA CASE NO. LV-2013-0189 rotall Date Parameter LReported Value Permit Li it 001 6/30/13 Arnmoni 10.6 mg�L 7.9 mg/1 (Monthly r e) The li s Intemational, Inc. response to OV- 01 -1,V received can September , 2013, was reviewed by DWR staffin response to the noted violation. Mitigating factors were un that resulted n a reduced ivil penalty arnount. AN1 1N,A1 1l A s T I l tµtPt.P COI-NOF CLEVELAND IN THE MATTER, OF ASSESSMENT WAIVER. F RIGHTTO All OF CIVIL PENALTY AGATINST ADMINISTRATIVE l EAI NG AN MAIAKS INTERNATIONAL, IN _ . gyp T_IPU'LA`I TON OF FACTS FILE NO. LV-2013-0189 Having been assessed civil penalties totaling $248.91 for violation(s) as set forth in the assessment document of the Division of Water Resources dated October 18, 2013 the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated nia ter and does stipulate that the facts are as alleged in the assessment document. Theundersigned .farther understands That all evidence presented in support of remission of this civil penalty ° must be submitted t the Director ofthe Division sion T Water Resources within 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. ent. This the dais of 2013 JUSTIFICATION FOR REMISSION IFUTEST DWR Case Number- LV-2013-0189 Assessed Party: Mali International, Inc. County. Clevelaild Permit Number. 1 CO032867 Amount Assessed: $248.91 Please use this forin when requesting remission of this civil penalty, You must also complete the "Re LtQ Ezra4dininistrative HearjtW, amt.z .jt4.141 tio!LQf ctts --(_ & form to request remission of this civil penalty. You should attach my documents that You believe sup . port your request and are necessary for the Director to consider in, evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the arrintint, of the civil penalty assessed. Requesting rernission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document, Pursuant to N.C.G.S, § 143B-282,1(c), remission of a civil penalty may be granted onlywhen one or more of the follo-wing five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more, of tire c vil 43 b were _ass essn cnt fiactors in N.C.G.S. I B-282. syrop gfully Lalied to the detriment of the efitioner (the am ssessent-factors are listed in the civil penalty assessment document); (b) the violator pro,nVLly abated ��njRej n ontinuing eny rorijal danc res i i r)rn the p — _ _ j_ __ _ q�_ _ violation (i.e., explain the steps that yvu took to correct the violation and prevent ,,future occurrence,$),- (c) the -violation was inadvertent or a result of an accident (i.e,, explain wky the violation was unavoidable or somethinyyou could not prevent orpreparefior); (d) Lthhe violator had not been ass essed.eivil pejiq,.LCjqs for AnyL tevious violations: (erq ) payL )f the, civil al qL( ---remedi - ---- - Actions (i, e,, explain hon, payment of the civilp. enal�,v will prevent you 1�om pe�fi,,)rming the activities necessary, to achieve complianec), EXPLANATION: (use additional pages as necessary) Violator: Maliks International, Inc. Facility: in Mountain Travel Plaza WWTP County: Cleveland Case Number: LV-2013-ill 89 Permit Number: NCO032867 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; �914,JBIMIqUA AUL•MRms IRMIJE 3) The effect on ground or surface water quantity or quality or on air quality; 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; 6) Whether the violation was committed willfully° or intentionally; 11 prqlii�111 I It 1: 1 I1 UUNHUO Urdu, The cost to the State of the enforcement procedures. The cost to the Division of Water Resources is $148.91 b.Ye Michael L. Parker, Regional Supervisor Water Quality Regional Operations Mooresville Regional Office Division of Water Resources MONITORING REPORT(MR) VIOLATIONS For: Be rl Oste: 091 3113 Pape: 2 of 6 PERMIT: 4fIIT: NCO0 2 67 FACILITY: Malik International Inc - Kings Mountain Travel blaze COUNTY: Cleveland r REGION: Mooresville villa a .... �Limit Violation k I` MONITORING OUTFALLi VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER LATE FREQUENCY MEASURE LIMIT VALUE OVER LIMIT VIOLATION TYPE VIOLATION ACTION 06 -2013 001 Effluent Nitro ens Ammonia Total (es 06/30M 3 Weekly N an .ntratian mg/I 7.g 1t3.56 �e `33,7 Monthly Average Exceeded Nane B � CC t-A MIT: C00200 6 FACILITY: Towirrn olF t n` - Lola Street WWTP COUNTY, GaSton REGION: Mooresville 3, Limit Vi ati n IT MONITORING OUTF LL I VIOI TION i UNIT OF l CALCULAT D REPORT Pf I r LOCATION PAt AME ER DATE Ftt ` UENCY" MEASURE LIMIT VALUE %OVER LIMIT VIOLATION TYPE VIOLATION AETION 0E-2013 001 Effluent Wro en 'Atrlrrtanie Total (a 0 9/13 We kiy N) anntratian E g/I 6 ° `°' 7A i 23.331/ WVeekl Average Exceeded Nana e 'i 66 2013001 Effluent Nitrogen, Ammonia Total (as 30113 1 ee y Ni - Concentration mgjI � 2 °'` 2.09..-�,, ` 4.62- ManaF"Iy Average Exceeded None a r PERMIT: NCO020052 FACILITY: T «w n of McAdenville » McAdenvillo WWTPUN Iy to REGION: Mooresvill { i 3 Limit Virdatbn N `fit" MI~tt�ll'" ORING OUTF�LL I REPORT PPS , VIOLATION LOCATION PARAME7R DATE FREQUENCY UNI t,CDF MEASURE LIMIT CALCULATED VALUE OVER LIMIT VIOLATION TYPE VIOLATION ACTION 66a 2ii13 001 '` Effluent Solids, T&al Suspend6o - 06/29/13 Weekly m /I 45 E4A 20.E9 Weekly Average Exceeded Nine Concept tion t •.. n: .a { i