NC0032867_Regional Office Historical File Pre 2018 (4)

Environmental Qua[
CEI2"I`IFIEI) I1II
RETURN REC:EI.Ia'I' REQUES'I'E II
f aeeq Khan,
Mal iks Internal
3425 Carnoustie Drive
C:'hambersburg, PA 1
SUBJECT: Assessment of Civil, Penalty for Violations of
North Carolina General Statute (CGS.) 143-215.1(a)
NPDES WW Permit Non NC0032867
Maliks Int.ernaational, Inc. ,` Kings Mountain "i'ravel Pla
Case No.: PC-2020-0008
Cleveland County=.
Dear lV
n:
i"ttis letter traarasraaits notice of a civil penaltw, assessed a- againstMaliks International, Inc., in the awount of
S3,486,15 03,000,00 civil penalty a=ad 5486.1.5 in rnvestig atiye casts). Attached is a copy of the assessment
document explaining this penalty,
This assessment is based upon the t
facts:
On August 8, 2018, an inspection was conducted by MR.0 staff that resulted in the issuance of a w caries o f
Violation (NOV-2018-PC-0323) dated August 1, 5, 2018. The following; violations were noted requiring
immediate attention:
w 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 lrasitas: t:ttaly [tine of the:aeration basins was operational,
the second basin had no blowers and was being used ass a storage tank to store sludge. Additionally,
the aeration basin grating was insufficient. Grating show. ld be properly installed to ensure the safety of
the °RC'operators and DWR inspectors.
* The ORC indicated that the aerobic digester and a holding tank may be aking. 3"he tanks should he
tested for possible leaks and if found to be leaking, they should be repaired and prop.
At the time of the inspection, the Clow mete
not operational,
At the; time of the inspection, the right of way to the outfal l was overgrown and the ou
be reached. `hhe right of way should be maintained tag artacceptable level that will allow the
;1 not

Mr. Khan
May 7, 2020
Page 2 of 5
staff and DV R personal to examine the outfall safely.
On September 1 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 I „ 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 I, 2018
On October 18, 2018, after an onstte 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 '11:-K1 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 .A Ugust 1, 2019
• Right-of-way to the Outt'all 001 Completed
This agreed upon 'timeline was documented in writing in a correspondence dated November 5, 2018.
On January 28, 2020,.an inspection was conducted by MR0 staff that resulted in the issuance of a Notice of
Violation (N0V-2020-PC-0073) dated February 5, 2020. The following violations that were noted 011 a
previous inspection and have not. yet been addressed require .mmediate attention:
• At the time of the inspection, the flow meter chart recorder was not operational
• Two septic tanks were not operational, leaking, and nut piped nor valved. The two septic tanks must
.properly sealed to avoid leaching wastewater to the ground and properly piped so they can be used
as indicated in the permit.
•'Ihe facility has tr,vo (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 sduclge storage tank. Additionally,
the aeration basin grating was insufficient. Grating should be properly installed to ensure the safety of
the OR( operators and DWR staff
•The °R(: indicated that the aerobic digester and a holding tank may be leaking. 'Fhe tanks should be
tested for leaks and if found to be 'leaking they should be immediately repaired and properly
maintained.
The State's enforcement costs in this matter may be assessed against Maliks nternationa1. Inc. purua
NCGS. 143-215,30)(9) and NCGS 14313-282.1(b)(8),
Based upon the above facts, the Division concludes as a matter of law that Mahks international, Inc. violated
the terms, conditions or requirements of NPDES Permit NC0032867, in the manner and extent shown above.
In accordance with the .maximums established by G.S. 141-215.6A(a)(2), a civil penalty may be assessed
against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-
215.1(a).
Based upon the above findings of fact and conclusions orlaw, and in accordance with. authority provided by
the Secretary of the Department of 'Environmental Quality and the Director of the Division of Water

Mr. Khan
May 7, 2020
Page 3 of 5
Resources, the Division hereby makes the following civil penalty assessment against. Maliks International,
$ 3,000,00
48615
$ 3,486.1.5
For violations of NPDES Permit NC0032867 Part II Section C.2. Proper
Operation and Maintenance by failing to properly operate and maintain the
wastewater treatment plant..
Enforcement Costs
TOTAL AMOUNrir DUE
This action was taken under the authority vested in Inc by delegation provided by the Secretary of the
Department of Environmental Quality and the Director of the Division of Water Resources, Any continuing
violation()) may be the subject of a new enforcement action, including, an additional penalty,
Within thirty days of receipt of this notice, you must do one of the following.
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (Jo not include 14,-'aiver
/bon). Payment of the penalty will not foreclose Furiber enforcement action for any continuing or new
violation(s), Please submit payment to the attention of:
Division of Water Resources
Water Quality Permitting- Section
1617 Mail Service Center
Raleigh, North (T.2a.rolina 276'99-1617
OR
2, Submit a written request for remission or mitigation including a detailed justification for such request:
Please he 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 or 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 inut 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 will be approved, the following
factors shall be considered:
( I) 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;
( 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 a.ssessedcivil 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 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

Mr, Khan
May 7, 2020
Page 4 of 5
Connission's Committee on Civil Penalty Remissions (Committee), Please he 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
rennsi on
In order to request remission, you inut complete and submit the enclosed "Request for Remission of Civil.
Penalties, Waiver of Right to an iWministrative Hearing, and Stipulation of Facts'form within thirty (30) days ot
receipt of this notice, The Division of Water Resources also requests that you complete and submit the enclosed
"justification for Remission Request," Both Corms should be submitted to the following a.ddress,
Division of Water Resource.
Water Quality Permitting Section
1617 .Mail. Service Center
Raleigh, North Carolina 27699.-161.7
OR
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 tile a petition '.for an
administrative hearing., You may obtain the petition form from. the Office of Administrative Hearings, You must
tile the petition with the Office of „Administrative Hearings within thirty (30) days of receipt of this notice, .A
petition is considered tiled when it is received in the Office, .01 2.N.dministrative Hearings during normal office
hours. 'Me Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00
an and 5:00 p,m, except for official state holidays, The original and one (1) copy of the petition must be filed
with the Office of .Administrative Hearings, The petition may he faxed provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (.5) business days following the taxed
transmission. 'The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 276.99-6714
Telephone [phone] Facsimile: (9 )733-3478
AND
:Mail or hand -deliver a copy 0-f the petition to:
Mr. William F. Lane, General Counsel
Department of Enviromne-ntal Quality
1601 Mail Service Center
Raleigh, -North Carolina 2-7699-1601
Please indicate the case num her las 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 dateltime received stamp (not a postmark), will result in this matter beingreferred 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,

v'1r. Khan:
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Page 5. art
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NOR .1T#
COUNTY OF CI.,I VEI_..\ND
THE MATTER OF
IKS INTERN.\"1'ION,a1_, I "NC.
MOUNTAIN TRAVI:1 Pt -" WAIT)
FOR VIOL. \TIONS OF:
NPDF;S PERMIT NO. NON 0328 7
Acting pursuant to delegation provided la.,
and the Director of the Division of Water Resources
of 'Water Resources (DWR), Water Citaalit Reg
make the following:
FINDINGS O1 FACT
NORTH C. ROE I N \ I)EI'.\R"I"\'IF\T OF
FNVIR.C:)NMI NT.AI.. QIw .AE 1
\falik.s International, Inc. is a person orgar
North Carolina,
PC-2020-0008
IA IN D INCi S
AND ASSESS IEN
CIVIL PENAL
:)e rtrttettt 0 I=.aavir°c rtn�etttal Quality
Corey Basinger. Supervisor tsar the Division
s Section°; \looress ille. Re iotsal Office,
I lae Kings Mountain "T'ravel Plaza 1\\`14` 1'P Jischarg
and outfall 002 into Kings C`reck, currently a Class
Basin.
On .tune .'
NC00 3286 7 for the operation
treatment system and the disc
Plaza \1v\\;."1°P pursuant to the application
the provisions of Article 1. of Chapter 143,
ing under the laws a_
rhody in the Brnad River
nal, Inc. was issued NPDCIS Permit Number
Ling 0.0145 NKiD extended -aeration wastewater
ated at the Kings Mountain "Gravel
ch 7, 2018,r in accordance vw ith
s ofNortTr Carolina.
August 8, `2Ct18, aaa in.spec;ti n was conducted by \f R.O staff that resulted in tl e.
ae of Notice o f \"irrlatlt>n (NO\-2018-PC°-03 3 dated a1ugust. 15, 2018. The
ing violatiotas w`e're noted requiring intrnediatc aaltention:
• 'Two septic tanks were .non -operational, leaking, and not appropriately piped or
valved. The two septic tanks must he properly ,p ealed to avoid leaching
wastewater to the ground, and properly piped so they can he used as indicated in
the permit.
• 1 he facility has tvvc: (7l permitted aeraticata basins: Only one of the aeration basins.
wwas operational, the. second basin had no blowers and was being used as a storage
tank to store sludge. Additionally, the aeration basin ,crating vas insufficient.
Grating should be properly installed to ensure the safety of4th.c OR.C'operators and.
DWR inspectors.
Page I kt`4

OR( indicated that the aerobic digester and a holding tank rna> be leaking.
The tanks should he tested for possible leaks and if found to be leaking, they
should he repaired and properly maintained.
• ,A.tthe time of the inspection, the flow meter chan recorder as not operational.
•,At the time of the inspection, the right of way to the out -fall was overgrown and
the outfall could not be reached. The right of way should he maintained to an
acceptable level that will .allow the facility' staff and .DWR personal to examine
the outfall safely.
On September 11, 2018, .the permitter sent a response letter for N(,)V-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 '71019
• Inactive aeration basins — install blowers and grating May 1. 2019
• Aerobic digester and holding tank leaks and repair- inspectirepair January 1, 2019
• Flow meter chart recorder — repair and put in operation. Uctoher 15, 201.8
• Right-of-way to the outfall 001 — clearing and inspection 'November 1, 2018
On October 18, 201.8, after an onsite meeting the following re\ iscd timehne ryas agreed
upon:
• Flow meter chart recorder — repair and put in operation February1 20.19
• Two septic tanks -- repair leaks and connection piping 1. 2019
• Inactive aeration basins — install blowers and grating June 1, 2019
•.Aerobic, digester and holding tank leaks and repairs
inspect & repair August 1, 21)19
• Right-of-way to the outfall 001 Completed
G, November 5, 2018 correspon.dence also documented the timeline in writing.
FL On January 28, 2020, an inspection was conducted by MR() staff that resulted in the
issuance of a Notice of Violation (NOV-2020-PC-0073) dated February- 5, 2020, The
following violation; vvere 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 he 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 OR( 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 he
immediately repaired and properly .maintained,
Page 2 of 4

NPDES PERMIT NO. NC0022934 contains the following relevant permit conditions:
NPDES Permit NC0022934 Part IL Section L2 Proax Operation and\Etenanc
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 procedure's. This provision requires the Permittee to
install and operate backup or auxiliary facilities oaly hen necessary to achieve
compliance with the conditions of the permit:
Fhe cost to the State of the enforcement procedures in this matter totaled: $486.15.
Based upon the above Finding of Fact, - Basinger„ make the following:
CONCLUSIONS OF L,,,\AV
Maliks International. Inc. is a -person * within the meaning of G.S. I43-215,6A pursuant
to (J.S. 143-212 (4),
B. Dixon Branch and Kings Creek located at the site constitutes waters of the State within
the meaning of'GS 143-212 (6),
C. Maliks International. Inc. was issued 'NPDES Permit No, NC0032867 in accordance With
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.
\Ialiks International, Inc. violated 'NPDES Permit NC0032867 Part II Section C.2. Proper
Operation and Nbintenance by failing to properly operate and maintain, the wastewater
treatment plant.
E. \taliks International. Inc. may be assessed civil penalties in this matter pursuant to G.S.
143-215,6A 0)(2), WhiCh provides that a civil penalty of not more than twenty-five
thousand dollars' (S25,000) per violation per day may he 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 S25,000,00 per violation may he assessed for
each day the violation continues.
The State's enforcement cost in this matter ma he assessed against MalikIniernational.
Inc, pursuant to G.S. 143-215.3 00(9) and Ci,S, 143f3-2g2.1(b)(8).
Page 3 of 4

Core,,, 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 o77act and ( onclusions of Law, I. VV, Corcy Basinger, make the
following;
IIL DECISION
Accorf MalikInternational, inc. is hereby assessed a civil penalty of:
3,(Womt)
For 'violations of NPDES Permit NC0032867 Part 11 Section (7„2, Proper
Operation and Maintenance by failing to properly operate and maintain the
.kvastewater treatment plant.
48615 Enforcement Costs
3,486.1.5 TOTAL AMOUNT DUE
required by (1S. 143-215,6,A(c), in determining the ainount of pena Et 1 considered the factors- set
out in CiS. 143B-282.I (b), Which are:
) 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) '-lhe duration and gravity oft:he violations;
(3) 1 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
5/712020
Date
cuSigned by:
Ai4CC681AF27425.„
W, Corey Basinger, Regional. Supervisor
Water Quality Regional Operations Section
Moore,sville Regina Office
Division of Water Resources, 'NCDEQ
Page 4 of 4

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JUSTIFICATION FOR REMISS1ON REQUEST
DWR Case Number: PC-2020-0008 County: Cleveland
Assessed Entity: .Maliks international, Inc. 'Kings .Mountain Travel Plaza WWTP
Permit No.:
NC0032867 Amount Assessed: S3,486.15
Please use this form when requesting remission of this civil penalty. You must also complete the "„Request. For Remission,
'1;1(.tiver of.Right to an Administrative Hearing, and Stipulation of Facts" 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 he 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 penal .ty assessment document, Pursuant to N,C,G.S. § 143B-282,1 (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 .)./our ease 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-282.1(b) were wrongfully applied
to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document):
(b) the violator promptly abated continuing environmental damage resulting from the violation (Le.. explain
the steps that you took to correct the violation and prevent !inure occurrences);
(c) the violation was inadvertent or a result of an accident i.e.,. explain vity the violation was unavoidable
or something von could not prevent or prepare fort;
the violator had not been assessed civil penalties for any previous violations;
t,e.) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e.,
explain how payment of the civil penalty will prevent you Ir0117 perfOrming the activities necessary to achieve
compliance).
EXPLANATION:

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Maliks International, Inc.
Facility Name: Kings Mountain Travel. Plaza
Permit Number: NC0032867
County: Cleveland
Case Number: PC-2020-0008
ASSESSMENT 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; Failure to provialc prtrltaar olterattiatn atrtcl
I as facility's ability,' to properly treat
aaact natural resources of the Stitte
The wiatlaatiataas rtartrxal ;anti assttc iattarytt tsitta this r°apse teatt'l a.lratrrt nstrate the perm ittees t .hire
to address issues of non-com ttlra nec aantd' tta rcp aatcd tR6tit.t.cdon re mrts
2) The duration and gravity of the violation; as noted in Attachment a
3) The effect on ground or surface water quantity or quality or air qu
proper ,flaperatiOD and maintenaattt itaas the potential to adverse l it
to properly treat avastewaatcraand thus has the potential to adverse!
ground waster resources (tithe State. The violations noted and associated Yvith this cast'
clearly demonstrate the permittccs facture to address issues of non-compliance noted in
repeated inspection reports.
The cost of rectifying the darrra
The amount of money saved by noncompliance; cost associated v
the noted repairs is unlin+anti n.
Whether the violation was committed willfully or intentionally; °t`heiofat.ittns t
associated: wvith this case clearly dentonstrate the perrnittec's wviltrill failure. to at
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
Since September 2017, the subject facility has been issued twenty ('20) Notices of Violation and
has been assessed seven (7) civil penalties S1 1650.03.
8) The cost to the State of the enforcement procedures,
Enforcement Cost:
Item
8 Hours of staff A time
3 hours of Supervisor Time
Hourly final
Rate
$38.61 $308.88
$59.09 $ 177.27

i E tr}rce lentCo
/2020
Date
Dorn gn d by:
$486.15
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of at r Resources; N(" i Q