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HomeMy WebLinkAboutNC0032867_Enforcement_20180216Qtrc s wrnLQVALITY Certified Mail # 7016 1370 0000 2596 0177 Return Receipt Requested Laeeq Khan, President Malik's International, Inc. 3425 Carnoustie Drive Chambersburg, PA 17202 SUBJECT: Dear Mr, Khan: 16 :€°e'bru2013 Assessment of Civil Penalty for Violation of NPDES Permit No, NC00321167 and 15A NCAC. 0Ci ,0201(3)(c) .Malik's International, Inc. Kings Mountain Travel Plaza WWTP Case No. PC-2018-0004 Cleveland County ARC: ROY COOPER Governor REGAN Secretary NDA CULPEPPER Interim Director This letter transmits notice of a civil penalty assessed against Malik's lnteaatioaaal, inc. -.'innsMountain Travel Plaza WWTP in the amount of°$3,000.00 plus $209.77 in investigative costs, for a total of $32 09,77. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, Any continuing violation(s) may be the subject of a new enforcement action, including an additional penal Within thirty (30) days of receipt of this notice, you must complete- one of the follow'. Submit payment of the penalty, OR Submit a written request for remission, t.)1i. Submit a written request for an administrative. hearing Option 1: Su f the penalty: Payment should be made directly to the order of the Department of 'Environmental Qual.ity (do not include waiver firm). 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 Matl Service Center Raleigh, North Carolina 27699-1617 Option 2: Submit a written request for remission or mitigatio.n 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 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 will be approved, the following .factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(h) 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 yon of her 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 for remission. .1n order to request remissionvou must complete and submit the enclosed "Request for Remission of Civil .Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (3Qi dAys of receipt of this notice, The Division of Water R.esources also requests that vou complete and submit the enclosed "Justification for Remission Request." Both -forms should be su.bmitted to the 'following address: Wastewater Branch Division of Water Resources 161.7 Mail Service Center Raleigh, North Carolina 27699-1617 Option 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 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 official state holidays. The petition m.ay be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a tiling fee (if a filing fee is required by NCGS 050B-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 Hearings with all questions regarding the filing fee andlor the details of the filingprocess: The mailing address and telephone and fax numbershearings are as follows: 6714 Mail Service Center Raleigh, NC 27699 6714 Tel: (919) 431-3000 Fax: (91.9) 431-3100 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, 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: Please be advis d that additional penalt period ofthis assessment. If you have s e ab essed fc r violations that etand<aLt Or) '1`u is Resources staff a,f die i looresville Regional f t flee at l?0atl 663-1609 car via ari.tuvia) ) Basi er, Regional Super\°i Quality Regional Operations Seetic�i e Regional Office ater Resources, NUI t AL 1 C R41 Reg NC'C)f1 2867 pert C"ley°Llama Co, l lealth l STATE OF NORTH t ',AROMA DEPARTMENT OF ENVIRONMEN COUNTY OF CLEVELANI) IN THE MAI'CER OF ASSESSMENT Malik's International, Inc. Kings Mountain Travel Plaza `TP FOR. VIOLATIONS OF: PERMIT NO. NC0032867 CASE NO. PC-2018-0004 FINDINGS ANI) DE AND ASSESSMENT C. CIVIL. PERMAL'TIES Acting pursuant to delegation provided by the Secretary cif the Department of Environmental Quality and the Director of the Division of Water Resources, I, W. Corey Basinger, Regional Supervisor for the Division of Water Resources (DWR), Water Quality Regional Operations Section's Mooresville RegionalOffice, make the following: FINDINGS OF FACT: A, Malik International, Inc, is a cc rporation organized and existing under the laws of the State of NorthCarolina. Malik International, Inc was issued NiPDES Permit Number NC0032867 ft r the Kings Mountain. Travel. Plaza Waste Water Treatment Plant, on December 18, 2013, effective upon issuance, with an expiration date of August 31., 2018. Malik. International, lnc.'s NPDES permit (Permit No. NC0032867) authorizes the discharge of up to 14,500 GPD from the extended -aeration wastewater treatment system via outfall 001 into Dixon. Branch and outfali 002 into Kings Creek, and contains the following relevant condition, Part II, Section C.1: Section C. Operation and Maintenance of Polluti( rr Controls 1.ariffled Operator ers of classified water pollution control systems must designate operators, tied by the Water Pollution Control System Operators Certification Commission "SOCC), of the appropriate type and grade for the system, and, for each classification must [TI 5A NCAC 08G .02011: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operators) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Rim" to the Commission (or to the local health department tier owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in .Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORO: (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) Within 120 calendar days ,Following: - receiving notification. of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or - a vacancy in the position of Operator in Responsible ('harge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC) (3) within seven calendar days of vacancies in both ORC and Back-up ORC -positions replacing or designating at least one of the responsibilities. The ORC of each Class 11, III arid IV facility (( r the Back-up, when acting as surrogate for the OR(') must: - Visit the facility, as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least live days a week, excluding holidays, - Properly manage and document daily operation and maintenance of the facility. - Comply" with all other conditions of 15A NCAC 08G .020.4 D. On November 30, 2017. the ,Mooresville Regional Office of the North Carolina Division of Water Resources (DWR) was informed in writing by Mr, Ron Haynes, PE (Operator in Responsible (harge) arid Mr, Dan Dougherty (Backup Operator in Responsible Charge) that they had tendered their resignations as ORC and Backup ORC effective November 30, 2017 for the subject Waste Water 'freatment Plant E. A, DWR file and database review on December 12, 2017, confirmed the Water Pollution Control System Operators Certification Commission had not received the required 'Water Pollution. Control System Operator Designation. Form pursuant to NPDES Permit NC0032867, Part II, Section C. 1. (c)(3) and North Carolina Administrative Code 15A. 'NCAC 08G „0201 (3)(c). F. On December 12, 2017, the Division issued a Notice of Violation/ Notice of Intent to Enforce (NOVINOI) NOV-2017-PC-0712 to Malik International, Inc, for failure to designate, in writing:, an ORC or Back-up ORC within seven calendar days of vacancies in both the ORC and Back-up ORC positions replacing or designating at. least one of the responsibilities. This Notice was sent by Certified Mail, Return Receipt Requested and was received on December 22, 2017. On December 20, 201.7, the permittee sent an email response to staff of the DWR Mooresville Regional Office that indicated, "I am working on to get orc today, :1 will assign her today send you the name, I am trying to get one in ASAP", 11. On February 5, 2018, DWR Mooresville Regional Office received, via fax,. a signed Water 'Pollution Control System Operator Designation Form dated January 28, 2018. Dixon Branch and Kings Creek are both class C waterbodies in the Broad River basin. J. The cost to the State of the enforcement procedures in this matter totaled S3,209.77. II, CONCLUSIONS OF LAW: Malik International, Inc. is a "person" within the meaning of .C.G,S. 143-215.6A pursuant to N.C.G.S. 143-212(4), B. A permit to discharge treated wastewater is required by N.C.G.S. 143-215.1, C. Malik International, inc was issued .NPDES Permit Number .NC0032867 for the Kings Mountain Travel Plaza Waste Water Treat .Plant, on December 18, 2013..effective upon issuance, with an expiration date of August 31, 2018. D. Malik International, Inc. violated Part II, Section C.1(c)(3) of NPDES Permit NC0032867 and .15A. NCAC 08G .0201 (3)(c) by the failure to designate, in writing, an ORC or Back-up ORC within seven calendar days of vacancies in both the ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. .Malik international, Inc. may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty five thousand dollars ($25,000) may be 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 accordancewith 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 be assessed for each day the violation continues, G. The State's enforcement cost in this n atter may be assessed against Malik International,. Inc. pursuant to G.S. 143-215„.3 (a)(9) and G.S. 143B-282.1 (b)(8). LI. W. Corey 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. f . DECISION: According. $3,0O.00 $3,00._ 0 $ 209.77 $3,209.77 4alik Internationa1, Inc, is hereby assessed a civil penalty of For violation of Part Section C. 1. (c)(3) of Permit NC00322867 and 1.5A NCAC 08G .0201 (3)(c) by the failure to designate, in writing, an ORC or Back-up ORC within seven. calendar days of vacancies in both the ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. TOTAL CIVIL PENALTY which is twelve 1.2) percent of the maximum penalty authorized by .N.C.G.S. 143-215.6A. Enforcement Costs TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty 1 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 'violation; (1' 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 Commissio.n has regulatory authority; and (8) ',Fhe cost to the State of the enforcement procedures, IV. NOTICE.: I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring after the assessment period indicated above. Each day of a continuing violation may be considered a separate violation subject .to a maximum S25,000.00 per day penalty. C ivil penalties and investigative cost may he assessed for any other rules and statutes for which penalties have not yet been assessed. V. TRANSMITTAL: These findings of Fat, Conclusions of law and decision shall be transmitted to Malik International Inc, in accordance with N.C.G.S. 143-215.6(A)(d). Date W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ JUSTIFICATION FOR REMISSIONREOUEST Case Number: PC-2018-0004 Assessed Party: Malik's International, Inc. Permit No.: NC0032867 County: Cleveland Amount Assessed: $3209.77 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver 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 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. § 14313-282,1(e), 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. 14.313-282.1(b) were wrongfull.y applied to the detriment of the petitioner (the sessrnenr/actor5 are listed in the civil penalty assessment (Jocument); ( b) the violator promptly abated continuing environmental damage resultir he violati (Le, explain the steps that you took to correct the violation and prevent future occurrences); the violation was inadvertent or a result of an accident t.e,, explain why the violation was unavoidable or something you could not prevent or preparetor); (d) the violator had not been assessed civil penalties for an.y previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary' remedial a.ctions (Le., elxplain how payment of the civil penally will prevent you,,rom performing the activities necessary to achieve compliance). EXPLANATION: S.1AIf OF NOR [,H .".AdRO1lI A i DFPARTMUNT OF9r" IRO ' P k AL COUNTY O1 CLEVEI„AND IN111, MATTER E ASSESSNIENr E7 CIVIL PENALTIES A (A INS "I` likInternational Kings Muni Travel Pt° PERMIT NO C00ml:7 v`Alra' R OF RIGHT TO AN ADMINISTRATIVE HEA.RIN ANTI STIPITATION OF FACTS CAS ['r NO. PC- 1}1 -0 Having been assessed err°il perm 1tic 9.77 for viralaticsrt s as set forth it the assess document of the Eiivis can of grater lemur es dated February 16, 20l the undersigned, ned, desiring tea scel 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. he d further understands that afence presented its support of remission of this civil penalty be sr bruit ed tca the Director of"the Ii `water Resources within thirty (30) dad s eceipt of the notice of a; s s.srctent: No new evidence e it" support of a remiss icrn request will b allc wed Ger (30) days f the notice of assessment. "1"his the JRESS SIGN \TI:RI E,I_I: PI NE Water Resources ENVIRONMENTAL GUALITY 12 December 2017 CERTIFIED MAIL #7016 1370 0000 2595 7351 RETURN RECEIPT REQUESTED Laeeq Khan, President Malik's International, Inc. 3425 Carnoustie Drive Chambersburg, PA 17202 ROY COOPER Governor MICHAEL S. REGAN secretary LINDA CULPEPPER Interim Director Subject: Notice of Violation and Recommendation for Enforcement NOV-2017-PC-0712 — Failure to designate an Operator in Responsible Charge NPDES Permit NC0032867 Kings Mountain Travel Plaza WWTP Cleveland County Dear Mr. Khan: The Mooresville Regional Office of the North Carolina Division of Water Resources (DWR) was informed by Mr. Ron Haynes, PE (Operator in Responsible Charge, ORC) and Mr. Dan Dougherty (Backup Operator in Responsible Charge, BORC) in writing via letters dated November 30, 2017, that they had tendered their resignations as ORC and BORC effective November 30, 2017 for the subject Waste Water Treatment Plant (WWTP). Furthemiore, this Office has received no written confirmation that you have retained the services of an ORC and/or BORC as required by NPDES Permit NC0032867, Part II, Section C, 1. (c)(3) and North Carolina Administrative Code 15A NCAC 08G .0201 (3)(c). Pursuant to the fact that no ORC or backup ORC has been designated for the subject facility, you are hereby notified that you are in violation of NPDES Permit NC0032867, Part II, Section C, 1. (c)(3) and North Carolina Administrative Code 15A NCAC 08G .0201 (3)(c) which state that you must designate an ORC and/or backup ORC "within seven calendar days of vacancies in both the ORC and Back-up ORC positions replacing or designating at least one of the responsibilities.". You are requested to respond to this letter in writing within 7 days of receipt stating your intentions to immediately abate this violation. Your response should be sent to my attention at the letterhead address, and it should at a minimum address the items noted above. Thank you for your attention to this matter. Please understand the severity of the violations detailed above, which put surface waters and the public health at risk. This office requires that these violations be abated immediately. Please note that these violations and any future State of North Carolina.[Environmental Quality I Water Resources I Water Quality Regional Operations Mooresville Regional Office I 610 East Center Avenue, Suite 301 [ Mooresville, North Carolina 28115 704 663 1699 violations are subject to civil penalty assessments of up to $25,000.00 per day, per violation. Your response to this correspondence will be considered in this process. Should you have any questions regarding this matter, please contact Ori Tuvia or me at (704) -1 . Cc: Steve Reid, WPCSOCC NPD (Derek Denard) MRO Files Sincerely, W. Corey Basinger Regional Supervisor Mooresville Regional Off ce Division of Water Resources Tuvia, 0ri A To: Subj t11'10 : Ext r .. �. �.. report:span nc. v. Ron Haynes wrhaynes pe rmsn.ccrm Friday; January 19, 2018 3:54 PM Tuviaa Fri [External] Kings Mountain Travel Plaza designated operator fn ick inks r open 'attach rents unless verified. Send all suspicious email as an attachmen' apologize for the confusion and confirm that the document you received signed by me and Mr. Khan was not officiali The document you have must be a copy of the form drafted for Dan Dougheny's signature, It was not my intention that the form be used until signed by Dan. Ron Haynes /962-7733 Get Outlook for Android 02: 44PM 704 7390732 PAGE 01/02 ountain Travel Plaza Water Pollution Control Syl telln Operator Designation Form WFCSQCC NCAC 15A l4G .0201. Perinittee Owner/Officer Na nt+ts: Kings hug Addrem 400 Dixon School Road Kings Mcuniain State: Nr Itfngsrmountain854/gm ountain Travel Plaza County: C Phone #: 70417'494 15 NC0032867 u.....*.. as ua.,.....>..a..•.......•.................................su.s.r...e...a.....susa./.a.au:asars........*..I.. *. u.*a1*n.a.sa*.su SUBMfl A SEPARATE FORM FOR EACH TYPE SYSTEM Facility Type/Grade (CHECK ONLY ONE): 13io o icai Collection. Physical/Chemical Surface irrigation Land Application ..CS...........a.r.......0............................e.....................................................a.u./u....u................... Operator in Responsible Charge (ORC) Print Full Name: lliniel J Ilnrsghwiy Certificate Type / Grade / Number: WN4 7 ght?rty5.@hidfrnali (run hone #: 704/477-5514 Signature: ify tbat 1 regulations by the W Date; January 12, 2018 in Responsible Charge for the facility noted.1 understand end win abide by the rules ORC as set forth its ISA NCAC 080.0204 and failing to do so can result in Disciplinary era Certification Commission." ... Up Operator in Reaponatbk Charge (BU ORC) Full Name: Ronald Haynes Certificate Type / Grade / Number: Signature: - littcenify that I agree to my designan d regulations 4iettaining to the inary Actions by the Water Pollution Asheville 2090 US Hwy 70 Swmmnnoa 28778 Fax: 828.299.7043 Phone: 11211196.4588 ashingtDA 943 Washingtco Sq iN Wad 27889 Fats 252.946 9215 Phases 251.946.6481 i5211 _ Work Phone #: 8281962-7733 Date: January 12, 2018 for the facility noted. I understand end will abide by the U 41RC. as set forth in 13A NCAC 080 .0205 and $ailing to do so can result in Certification Commission," et Center, Raleigh, NC 27699.1618 Fax: 919.713.272E Fayetteville 225 Green St Suite 714 Fayetteville 28301- wtl Fax: 910486.0707 Phone•. 910.433.3300 Wilmington 127 Cardurai Dr Wilms 28405-2845 Fax: 910.350.2804 Phone: 918.798.7215 Mooresville 610E Center Ave Suita'3©1 Mooresville 28115 Furs 704.6634040 Phone: 704.663.1699 Wtnsten-5alettt 450 W. limes Mall Rd Winston-Salem 27105 Fax: 336.7749797 Phone 336.774.9806 Revised Oe-2015 2/'201802:44PM 7047390732 0�perc icr Name: LL poick-U [flint Full Name: Email: Certificate Type / Grade / Number: *nature: Farm, cont.. ountain Travel P A NC0032867 wilww w.R..}tw}rvrwtR.Rt'wawww.wa...••www.....Rt•t1}a+vet tr}wwwww..a wtwwww}w...w twwwll. Work Phone #: Date: .i rtify that I agree to my dcsignition es a Back-up Operator in Responsible Charge for the iIcility noted J understand end win abide by the rules and regulations pertaining to the responsibilities of the BU ORC as set forth in I SA NCAC 08G .0205 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System °perators Certification C'ornmission b 1frck-Up Operator is Responsible Charge (BU ORC) Print Full Name: &rtificate Type / Grade / N p Operator in Responsible Charge (BU ORC) Print Full Name: Ctrtiicate Type / Grade / Number: Sii filature: Dote: for the facility noted. I band and will abide by the t5A NCAC 08G .0201 and failing to do so cma re sit is Commission.' Work Phone #: Date: `°I erttify that t agree to my designation as a .Back -op Operator In Responsible Charge for the facility noted. J underinantl and will abide lty tl des and rardatinna Pertaining to the respcutstthilities °Rite BU ORC as set forth in ISA NCAC O8 O.0205 and failittg to do so can resralt scat unary Amours by the Water Pollution Control System Operators Certification Commission." .}wwaa.....w.wwwww.....}wwwwwwtwRw.}+1.+Ewlr.w..«wwwwt..•xs.lawT}rr't..•wxlnw•a •.w..Iw......:ww}.}•a.ap i ck-Up Operator in Responsible Charge (BU ORC) Print Full Name: cttt�.r. Type / Grade 1 Number: pli C� ne #: te: Charge for the facility aced. I wsdcratattd sod will abide by the forth in ISA NCAC ORO.0205 and failing to do so can result to ffieation Commission.' Tuvia, Ori A From: Shoukat Jahan <kingsmountain85@gmail.com> Sent: Wednesday, December 20, 2017 10:07 AM To: Tuvia, Ori A Subject: [External) Re: Kings Mountain Plaza Operator designation CALITIOW External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to reportspam@nc.gov, Hi Ori, I am working on to get orc today , I will assign her today send you the name , I am trying to get one in ASAP will keep you posted , Regards, Laeeq Khan On Dec 20, 2017, at .9:5.9. AM, Tuvia, Ori A <ori.tu\,4ancdenov> wrote: Mr, Khan, Mooresville Regional Office staff has received a call from JJ environmental regarding sampling at the site. Just as a reminder I wanted to let you know that we will need a signed ORC designation form from them. At least one operator must be a level 2 operator in order to be properly rated to maintain the Kings Moutain Plaza level 2 Waste Water Treatment Plant, Sincerely, Ori Tuvia Environmental Engineer NC DEQ / Division of Water Resources 610 East Center Avenue Mooresville, NC 28115 Direct Line: (704) 235-2190 Fax: (704) 663-6040 Ori tuviancdenr goy <image001,png> ver 1IIr Ica~critt{;1, "ti? e Chart Kings afountain °, 00 i)i cat ctio l Road gs2808 1)<�at )u. ()Rt:, r tor tei ter tca roe tct not ce ttt ;here are pe clxt tc' )peratc>r itm Responsible 1har ;e atc°l` tc.aT. 66, °ato Fail NC 28630 8962-7733 wac t )a csugh rts' at 704/ 427-55 l z i curt€tly lists cl as tl e backup operator at can form and ha'&"t', his stl;e ature to snake the cl a x plant by tie an Dan ve decided to stand down as sicler these changes of cc his takira; taa� the 12 /1 /2 17 14: 31 284954268 PAGE 01 ecetnbet , 017 T F ae NC DEQ Water Reso 610 t Center A NC 28115 Theta: NPDES PERMIT NO,: N0)032.867 FACILITY NAND:: Kings Mountaio rae1 Plaza OWNER NAME: Maliks Imernalional Inc GRADE: WV 4 eDMR PERIOD 08,-2017 (August 219.1.7 PERMIT VERSION: .4„0 CLA.SS; WW-2 ORC: Y Ronald Haynes ORC HAS CHANGED: Yes VERSION: if,) PERMIT STATUS: Aerwe COL V:: Cleveland ORC CERT NUMBER: 995211 STATUS: Validated:Warr SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO • NM kIOO • 545 • 45 1.15 2.25 ••amthly Awralgt, Limit Mootbk,., AwrIpe, 1Y 555645 0 002 brekly Gob "20 C0310 uul Come Weef,4 me; 00530 ReporTing Reasym: FNFR USE No Flow-RQuscsRaycle, ENVWIHR No ViOadon Aylvers'e Weather; NOFLOW No Flow., HOLIDAY No Visitation - Holiday 6. 6 NPDES PERMIT NO,: NC04132867 PERAIrE VERSION: 4, FACILJTV NA;ME; Kings Nlountain Travcd PIa,a CLASS; WW-2 OWNER NAME: MdiI InEernational Inc °RC: W Ronald Haynes GRADE WW-4 ORC HAS CHANGED; s eDAIR PERIOD: -2017 (Augusi 2017) VERSION; 1..0 COMPLIANCE STATUS; Non-Complizult CONTACT PHONE #: 828962'7733 °RC/Certifier Signature: By this signature, I certify that this report is accurate and complete to the best of tny knowledge. PERMIT STA'EUS: Active, COUNTY; Cteveiand ORC CERT NUMBER: 99521i STATUS: •Vilidated:Wamings SUBMISSION DATE: Ph one Date permittee shall report, to the Director or the appropriate Regional Office any noncompliance that potentially threatens pubhe health or the environment Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances, A written submission shall also be provided within 5 days of the time the pemnuee becomes aware of die circumstances. If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by ,part 111,6 of the PDES Perm itteeSubmitter on Phone .tr`i Date Permittee Address: 400 Dixon School Rd Kings Mountain N( 28086 Permit 'Expiration Date, 08/31[2018. I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with fi system designed to assure that qualified personnel properly gather and evaluate the information sub:Muer!. Based on ins inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete,. I am aware that there are significant penalties for submitting false information, including the possibility: of fines and imprisonment for knowing violations. LAB NAME: PAR Laboratories, Inc, C.ERTIFIED LAB #: 20, 5082 PERSON(s) COLLEGFINC SAMPLES: William Haynes Nowell V[ '" field.; CERTIFIED LABORAT P.ARAMETER CODES Parameter Code assistance rutty he obtained by illing the NPD.ES Unit ON) 807-6300 or by visiting http:,fportal.ncdenr.orgiwebtwq[sw-plpsinpdes/forms, FOOTNGTE,S Use only units of measurement designated in the reporting 'facility's NPDES permit for reporting data, * No FlowiDischarge From Site: Check. this box, if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the ,DIN,IR for entire monitoring period, ** ORC on Site?: ORC rnust visit facility and document visttaticn of as required per I5A NCAC SG :0204, *** Signature of PermitteeAf signed by other than the perrnittee, then delegation of the signatory authority triust be on Ole with the state per IS.A. NI AC 2B 0506tb)(2)(D),. NPD PERMIF TY NAME:.. NO;: OWNER tickME: Mal ai In GRADE: F ORC H S C HA G D: Yes VERSIIir 1,0 PERMIT STATUS: Active COL'"i '» Cleveland OR( (E T NUMBER: 95 daaed:`arrssaas AC485 Loc. Descr.: iclNQS MOUNTAIN PLAlAWWTP EFFLUENT County CLEVELAND Col ector W BELL Region: MR0 Report To MRp Rover Basin BROAD Collect Date: 0/05/2918 Emergency Collect Time 14;00 COC Yes/No Yes Sample Depth North Ca If this report is labeled prr9lirnIna ina Division of Resources Water Seie VosrUD Location Priority Sample Matrix: Loc, Type: Final Report NC0032867 COMPLIANCE WASTEWATER EFFLUENT 0 Sample ID' PC Number 0 Date Received: Time Received:. Labvvorks LogonID Delivery Method Final Report Date' Report Print Date AC46584 01/1712018 0830 MSWIFT NC Courier report, the results have not been validated. Do net use for Regulatory purposes. CAS # Analyte Name PQL, Sartrtpie temperature at receipt by lab Result/ Qualifier LAB 2.6 Units Method Analysis Reference Date Validated by 107,18 PGAUTHIER NH3 as N in liquid 0.02 NUT 67 mglLasN EPA 3501 REV 1123r13 CGREEN NO2+NC3 as N in liquid 0.02 6.5 mg/L as N EPA 353.2 REV 2 1125/18 CGREEN Total Kjeldahl N as N in liquid 0.2 71 mg/L as N EPA 351,2 REV 2 1/23118 CGREEN WSS Chemistry Laboratory>1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 "Not Detected" or "lr does not indicate the sample is-analyte tree but that the analyte is not detected at or above the POI_ Page 1 of 1 Violator: Assessment Factors - Division of Water 1tesources Malik International, Inc. Cotentr: Cleveland Mooresville Regional Office Case No. I C-2018-0004 Region: Case Number: »SSM.f,NT FACTORS to the 1) The degree and extent of harm to the natural resources of the State, public health, or to private property resulting from the violation; ' . (A)0 4LGw''"i Dot. `txa -r+t s pidier 1 kz T... 6,3 0 "Am 2. wA 5 S4f L t Me) cJaN.1 p -r — $ . Al 6 - 7 -rt ,u c f' t -C- Fa c ie.4. p ©o2-4_. c tS, 7_ r 1 -riorzr ca,, pt-r -T4AL. F-ta i._ ! r1fi M "17� TM kA611-40.m4Lr, i cs4J`T2- W I� ct3N 5 + D 61243 ' t,J N71-104•-"V -rev 8ev.wyrf i F .e eu t"i rte. ,O>i dc-K 14a 2) The duration and gravity of the violation; t.A.,, V+b1 dial all PQ a, t k c_ x A AA ke5e •ri'Paws PeRM ,,dn_tf +sit nic.c4e be6, . erzo CaXc) Repo t� dr c ?.c. id cs a c.. cat.: G a' 4 aAel c P. L Lieu er Des ta-na ret, 1.4 4.7 t-n n 6- a S Fvb tea+ e The effect on ground or surface water q 36 r.1 Zoc ntify or quaiit L. !Ue' IA 'Auer - ce-' 7+ 15er.. ,& t-/A3, -et.. zcv FttJ m / S te . FP JAN''4)APsi 8 "b R-,) & 7 -h-p -T' Na C ft e_,r o+ ...,. � 64,z. beSi 6-rv't, (4NI 44.4 At; pA x 4 44 >^7E! K air quality; Z t 4AZ .fit tvti W D t;f 4) The cost of rectifying the damage; aU/4441.44.0---- The amour money saved by noncompliance; 1_,a,A-Aort zfr-ts ..),Efae,�F (ACT 6peitz1744,4 Crg e- L.p 0;2 C,„ 041 Ei.STIlutivTLrta -re) a-4. 3 cots, 0° 6) Whether the violation was committed willfully or intentionally; AVT-uorz_ ob v tSeb /4 642_ (T1 1..1 .6,9-tx N4 1,4 rnig(-- PeP-ec.r4 err `7144C- xr Ree BACA,- [41e ribt-, S4 tirtJ 7)4•-e S • i>1 PASSeb rilt-4..2vLas er. DvirtSZ)1-4,41 -PW1F1512-45- ihe-Le- 44 6 e_e_ ussert,%.: 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authort • and tc•- airttk 401, 6 On Silt3 rti 2 tthrki • car-TPLAAA-ica• - ILA/ 'Etre._ -re, s M ti tvuti? r Pal SET f-IS en- - NS we lovrivfx- Dc_410,--t - js SLJ ,-• L, is)P- DiLt (-) 4-4- LK So( Aixt — Le-15 fj 6- WA 5-rvirikldrtlEfL. Tit Oleg 4.^.7,,e, ‘wie.bt) Arts #1(4- \ , ,1/4„ 8) The cost to the State of the enforcement procedures. —L-37-1211C7 77e'l tr: 'fog. 411p*5J2„04toz, COS '71. ur?-6.' 4 .14,. peraz, thrs-dt. r S 1/- State of North Carolina Bnvironnivental Quality V Water Resources 6 10 East Center Avenue, Suite 301, Mooresville, INC 281 704-663-1()99 t' Co Lias Ater Quality Regional Operations Lion ooresville Regional Office Division of Water Resources, NCDEO vireneteratal Qua mite 301, Mu 704-662-1699 VJatc:r Roseate NC 281I