NC0032891_Enforcement_20160210

WarerResources
Certified Mail #
Return Receipt Requested
Ralph Gatewood, Manager Operations
Kinder Morgan Southeast Terminals LLC
1000 Windward Concourse Ste 4 50
Alpharetta, GA 30005
,PAT MCCRORY
DONALD R. VA'-Nr DER VAART
ser-rcarv,
S, JAY ZIMMERIvIAN
Director
February 10, 2016
SUBJE,,CT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G-S -) 143-215. 1 (a)(6)
and PDES WW'Permit No. NCO032891
Kinder Morgan Southeast Terminals 1,L(.,
Charlotte Terminal I
Case No, MV-2016-0006
Mecklenburg, County
Dear Permittee:
This letter transmits allotice of Violation and assessment of civil penalty in the amount, of $374.01 ($240,35 civil penalty +
$133,66 enforcement costs) against Kinder Morgan Southeast Terminals LI.C.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by Kinder Morgan Southeast "Fenninals, UC for the month of September 2015, This review has shown the
subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit
No,NCO032891. The violations, which occurred in September 2015, are summarized in Attachment A to this letter,
Based upon the above facts, I conclude as a matter of law that Kinder Morgan Southeast Terminals LLC violated the
terms, conditions or requirements of PDES WW Permit No. NCO032891 and G,S. 143-215.1(a)(6) in the manner and
extent shown in Attachment A. 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 tire terms, conditions or requirements of a permit required by GS.
143-215.1(a).
Based upon tire above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Departinent of Environmental Quality and the Director of the Division of Water Resources, 1, W, Corey Basinger,
Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against Kinder
Morgan Southeast Terminals LLC:
State of North Carolina I Environmental Quality J Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

for I of the I failures to properly monitor BENZENE in violation of Fir. miit No. NCO032891 , 11
,07 for I of the I failures to properly monitor ETHYLBEN in violation of Pertnit No. NCO032891
J48,07 for .1 of the I failures to properly monitor MITBE in violation of Permit No. NCO03289 1,
14107 for I of the I failures to properly monitor TOLUENE in violation of Permit No. NC0032891 .
SIL07 for I of the I failures to properly monitor XYLENE in violation of Permit No. NCO032891.
$1 �t,40.35 TOTAL CIVIL PENALTY
Ll 3 L6 6 Enforcement Costs
J3 74.01 TOTAL AMOUNT DUE
Pursuant to G& 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, l(b), which are:
(t) 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-,
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the darnage;
(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 payment of the penafty°, OR
(2) Submit a written 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 include waiver
fort,7). 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

FOption 2:
request:
Submit a written requestfor remission or mitigation including a detailed justification for such
Please be mware that a request for remission is limited to consideration of the five factor.-, 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 mill be approved, the following factors shall I be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282. I(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 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 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 fair remission.
Rerjussiqp Request,"
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Oratio n 3: File a vetition for an administrative he rite with the Office of Administrative flearines:
If you wish to contest any statement in the attached assessment docurnent 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 ami. and 5:00 p,m,, except for official state
holiday,s. 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 N LCGS § 15OB-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.of Administrative I-leari iis with all uestions r%ar4iq&thp tiling fec,,and/or the, details of the
film nlraces.
The mailing address mid telephone and fax numbers for the Office of Administrative Hearings are as follaws:
Of of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (I) 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
dareltinie received starnp (not a postmark), will result in this matter being referred to the Attorroey, General's Office for
collection of the penalty,,
through a civil action. 'Please be advised that additional penalties maybe assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Roberto Steller with the Division of Water Resources staff of the Mooresville
Regional Office at [phone] or via email at, rt)berto.scheller,,,�7;ticdnr.gov.
Sincerely,
-zl e1pu
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 Compliarice/Enforcerrient Unit - Enforcement File

JUSTIFICATION FOR MI.S lI N " T
+ Number: _ 011 r-000+ County: Mecklenburg
Assessed Party: Kinder Morgan Southeast Terminals LLC
Permit bier.: NCO032891 Amount Assessed. JaL4.01
Please use this forth when requesting remission of this civil penalty,. You must also complete the "Request ,t or Remission,
if caiv"erF t'Right to an Administrative Hearing, , andStipulation of F acts" form to request remission of this civil penalty;.
You should attach any documents 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 I .0 .G. . § 143B-2 2.1(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 arse 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 i .CY.CCI. . 1431 -2 2.1(b) were, wrongfully applied to the
detriment of the petitioner the assessmentfactors are listed in the civil penalty asseossmen document);
(b) the violator promptly abated continuing environmental damage resultingfrom the violation (i,e,, explain the
Steps that you took to correct the violation a capreventfutur^e occurrences),-
c) the violation was inadvertent of a result of an accident (i.e.„ explain why the violation was unavoidable or
something,you could not prevent or reparre`for);-
(d) the 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
hove payment of the civil penalty* willpre-ventyouftom perwfbrming the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF` NORTH CAROLINA DE ^IFNT OF ENVIRONMENTAL QUALITY
COUNTY OF MECKLENBURG
IN'THE MATTER OF ASSESSMENT 'AIVER OF RIGHT TO AN
OF CIVIL PENALTIES All T ADMINISTRATIVE IIEARIN II
STIPU1,ATION OF FACTS
Index Morgan Southeast Terminals EEC
Charlotte Terminal h
Pl RN IT 1 . NCO032891 CASE NO. MV-2016-0006
Having been assessed civil penalties totaling _$37 .tom I for violation(s) as set forth in the assessment document of the Division
of Water Resources dated �ebru r l . �€I lei, the undersigned, desiring to seep remission of the civil penalty, 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 document. The undersigned further understands that all evidence presented in support of remissionof this civil
penalty must be submitted to the Director of the Division of Water Resources es 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 _ _.... day of ��.�. �. 20
SIGNATURE
ADDRESS

FDIVISION OF WATER RESOURCES - CIVIL PENALTY NSSESSMENT
Violator: Kinder Morgan Southeast Terminals (KMST)
Facility Name: Charlotte I Terminal
Permit Number- NCO032891
Counof,: Mecidenburg
Case Number: MV-2016-0006
ASS SSMENT FACTORS
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, Benzene, Ethylbenzene, Methyl Tert-Butyl Ether (MTB), Toluene, Xylene
effluent exceedances are likely to impact the receiving stream by toxicity to aquatic life.
The duration and gravity of the violation;
The violations occurred during the month of September 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 are expected.
A) The cost of rectifying the darnage;
The cost is unknown.
The amount of money saved by noncompliance;
Estimated cost to perform required analysis is $115,33
Whether the violation was committed willfully or intentionally;
The violation does not appear to be willful or 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; and
The subject facility has had no Enforcement cases taken against it in the past 12 month s (August 2015 to
August, 2014).
,A) The cost to the State of the enforcement procedures.
1,11e cost to the Mooresville Regional office was $1 OU3
Regional Office Clerical Staff — one hour $15-00
Enforcement case preparation staff time -- one hour $66.26
Regional Office Supervisor review -- one hour $52.40
Total: $133.66
: �Ap
Date W. Corey Basinger, Regional Su�pervisur
fht�
Water Quality, Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDENIR

DMR Review Record
Facility: Permit No.. Pipe No.: MonthNear:
ar Monthly Average Violations
Parameter Permit Limit DMR Value % Over Limit Action
#DIV0
#DIVIO!
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#DIV/O!
#DIVIO!
#DIVIO!
Date Parameter Permit Limit Limit TY a DMR Value % Over Limit Action
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#DIVIO!
#DIVIT
#MVIO!
#DIV/01
#DIV/01
#DIV/O!
Parameter tg!MAPermit F # of Violations
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VUtWI I\A_)J, — J-Zr� if -tq' -tk,3 Y"64e Y 'k I/ 01,U'- 10 k.,
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Completed by: Date:
Assistant Regional
Supervisor Sign Off: Date:
om
Regional Supervisor Sign A offw Date: 0* 4as aw.—V4
2/3/2016,1-17 PM DMR Review Record Master 1602, Without $ Amts