NC0032867_Enforcement_20190625 (2)

ROY CEP F
Governor
MICHAEL , REGAN
seciretary
LNDA CULPEPPER
tug
Certified Mail # 7018 9360 0CIfl2 2099 1284
Return Receipt Requested
Laeeq Khan, President
Maliks International Inc
342.5 Carmoustie Dr
Chambersburg, PA 17202
NORT CAROL tt t
Environmental Query
une 25, 2019
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-
and NPDES WW Permit No. NC0032867
Maliks International Inc
Kings Mountain Travel Plaza
Case No. MV-2019-0020
Cleveland County
Dear Mr. Khan:
6
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$696.46 ($596.00 civil penalty
+ $100.46 enforcement costs) against Maliks International Inc.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Maliks international Inc for the month. of January 2019. This review has shown the subject facili
to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No,
NC0032867. The violations, which occurred in January 2019, are summarized in Attachment A to this letter.
Based upon the above facts, 1 conclude as a matter of law that Maliks International Inc violated the terms, conditions or
requirements of NPDES WW Permit No. NC0032867 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. 143-21.5.6A(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 uporV the ove fintings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of t e Department of Environmental Quality and the Director of the Division of Water Resources, I, W. Corey
Basinger, Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against
Maliks International Inc:
$75.00 for 1 of the 1 failures to properly monitor BOD, 5-Day (20 Deg. C) - Concentration in violation of
Permit No. NC0032867.
$140.00 for 1 of the 1 failures to properly monitor Chlorine, Total Residual in violation of Permit No.
NC0032867.
$84.00 for 1 of the 1 failures to properly monitor Coliform, Fecal IVIF, MEC Broth, 44.5 C in violation of
Permit No. NC0032867.
$15.00 for 1 of the 1 failures to properly monitor Nitroaen, Ammonia Total (as N) Concentration in
violation of Permit No. NC0032867.
$100.00 for 1 of the 1 failures to properly monitor Oil & Grease in violation of Permit No. NC0032867.
.$_60.00 for 1 of the 1 failures to properly monitor pjj in violation ofPennit No. NC0032867.
$62.00 for 1 of the 1 failures to properly monitor Solids, Total Suspended - Concentration in violation of
Permit No. NC0032867.
$596.00
$100.46
$696.46
TOTAL CIVIL PENALTY
Enforcement Costs
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(e), in determining the amount of the penalty I have taken into accountthe e 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;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the .Enironmenta1
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 ofthe fol ing:
(1) Submit payment of the penalty, 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
form) Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained 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 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 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 for remission.

In order to re uest remission ou must corn lete and submit the enclosed "Re uest for Remission of Civil Penalties
Waiver of Right to an Administrative 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:
Wastewater Branch
vision of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 3: File a petition for an administrative hearing with the Office of Administrative Hearinas:
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 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 tiling fee is required by NCGS §150B-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 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:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also he 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 he assessed for violations
that occur after the review period of this assessment,

you have any questions, please contact On' `f`uvia with the Division of
at 4 663-1699 or via email at ori.tuvi @ncn nr.gov.
ATTACHMENTS
Sincerely,
r Resources staff` of the restlle Regional
W. Corey Basinger, Regional Supe
r Quality y Regional Operations Section
Ile Regional Office
Division of Water Resources, NCHEQ
WQS Mooresville Regional - Enforcement file
NPDES CompliancefEnforcement Unit Enforcement File

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1104 MOIIVDiJLLS

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CLEVELANI)
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Maliks International Inc
Kings Mountain Travel Plaza
PERMIT NO. NC0032867
)
)
)
)
)
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
)
) CASE NO. MV-2019-0020
Having been assessed civil penalties totaling $696.46 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated June 25, 2019, the undersi ied, desiring to seek 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 remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed alter (30) days from the receipt of the
notice of assessment.
This the
day of „ 20
ADDRESS
SIGNATURE
TELEPHONE

PER IT: NC0032867
FACILITY: ings Mountain Travel aza
ATTACHMENT A
aUks International Inc
CASE U.MV-2019-0020
MONITORING VIOLATION'S)
SAMPLE LOCATION: all 001 Ent
Violation Report
to onth/Yr Parameter
1/26/2019 1-2019 BOD, 5-Day (20 Deg.
C) _ Concentration
1/26/2019 1.2019 Chlonne, Total
Residual
REGION: oor vil
COUNTY: Cleveland
Unit of t.lrnl Calculated Over
Frequency Measure Value Value "mit
Wrielatic n Penalty
Type Amount
W1leekly mgll Frequency
Violation
2 X week
i2 12019 1- 01 Conform, Fecal MF, Weekly
MFC Broth, 44.5
1 /26120
1-2019 Nitrogen, Ammonia
Total (as N) -
Concentration
1/26/2019 1-2019 Oil & Grease
1/26/2019 1-2919 pH
Weekly mg/I
112612 19 1-20 solids, Total
Suspended
Concentration
Weekly mg/I'
W ieekly su
Weekly mgll
Frequency
Violation
Frequency
Violation
Frequency
Violation
$1 0 00
$76.00
Frequency
Violation
Frequency
Violation
00
$60 00
Frequency
Violation
$6200

ROY COOPER
MICHAEL 5. REGAN
LINDA CULPEPPER
Ivr taw
Certified Mail # 7018 0360 0002 2099 1239
Return Receipt Requested)
Laeeq Khan, President
Maliks International Inc
3425 Carmoustie Dr
Chambersburg, PA 17202
NORTH CAROr,.INA
Environmental Quality
May 6, 2019
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2019-MV-0081
Permit No. NC0032867
Kings Mountain Travel Plaza
Cleveland County
Dear Mr. Khan:
A review of the January 2019 Discharge Monitoring Report (DMR
indicated below:
Monitoring Violation!Cs'I:
Sample
Location Parameter
0
he subject facility revealed the violation(s)
Monitoring
Date Frequency Type of Violation
001 Effluent BOD, 5-Day (20 Deg. C) -
Concentration (C0310)
1/26/2019 Weekly Frequency Violation
001 Effluent Chlorine, Total Residual (50060) 1/26/2019 2 X week Frequency Violation
001 Effluent
Coliform, Fecal MF, MFC Broth,
44,5 C (31616)
1/26/2019 Weekly Frequency Violation
001 Effluent Nitrogen, Ammonia Total (as N) - 1/26/2019 Weekly Frequency Vioiation
Concentration (C0610)
001 Effluent oil & Grease (00556)
001 Effluent pH (00400)
1/26/2019 Weekly Frequency Violation
1/26/2019 Weekly Frequency Violation
001 Effluent Solids, Total Suspended -
Concentration (C0530)
1/26/2019 Weekly Frequency Violation
r . C,aM:174 Depvirse,nt of Enguicty
7 3.1 99

A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of
not more than twenty-five thousand dollars ($25,000,00) may be assessed against any person who violates or
fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Monitoring
Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no
response is received in this Office within the 10-day period, a civil penalty assessment may be
prepared,
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter or to apply for an SOC, please contact Ori Tuvia of the
Mooresville Regional Office at 704-663-1699.
Sincerely,
rDocuSigned by:
A14CC681AF27425_
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
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CERTIFIED MAIL RECEIPT
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For delivc
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MAIJKS PNTERNATIONAL 9NC.
3425 CAR,MiOUSTIE .DRIVE
CHAMBERSBURES PA 17202
ATTiN_ LALECi KHAN, PRESDENT
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PS Friar 3$OO April 2OE
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MALIKS INTERNATI4O^ AL;NNC.
3425 CARMOUST1E DRIVE
CHAM ERSBURG PA 17202
ATTN: I„AEEQ KHAN, PRESIDENT
dr/i 5/6/19
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7018 0360 0002 2099 1239
PS Form 3811, July 2015 PSN 7530-02-000-9053

DMR REVIEW RECORD
Mooresville Regional Office
Facilit° Name: Kings Mountain Travel Plaza Permit Number: NC0032867
Report Period: January 2019
Prior Assessments: Enforcement Factor: 1.00
Outfall # Outfall Description Waterbody Name
Waterbody
tassification
001 Effluent to Dixon Branch
Dixon Branch
Monitoring Frequ
/ioiations
Sample Location: Outran 001 - ffluent
Violation
Date
Parameter
Unit of
Frequency Measure
Action
1/26/2019 BOO, 5-Day (20 Deg. C) - Concentration
Weekly mg/I
1/26/2019 Chlorine. Total Residual
2 X week ug/I
1/26/2019 Coliform, Fecal MF, MFC Broth, 44.5 C
Weekly #/l00ml
1/26/2019 Nitrogen, Ammonia Total (as Ny -
Concentration
Weekly mg/I
1/2.6/2019 Oil & Grease
Weekly mg/I
1/26/2019 pH
Weekly su
1,/26/2019 Solids, Totai Suspended - Concentration
Weekly mg/I
Reporting "iolations
Sample Location:
Violation
Date Parameter
Unit of Violation
Frequency Measure Type
Action
3/3/2019
Late/Missing DMR.
No Action, BPJ
ions/Staff Remarks:
Page 1 of 4

Supe isor R m b1
Co lP« a t
tot Regional
Supers isor /+:
gi a Supervisor
& ¥m�
g 2 of4

Prior 12-Month Enloreernent History
Permit Number: N 67 Report Period: January 2019
Limit Violation
Sample Location: Qutfall 001 - Effluent
Violation Report Violation
Date Period Parameter Type
NOD
NOV CPA
2128/2018 2-2018 BOD, 5-Day (20 Deg. C) -
Concentration
Monthly Average
Exceeded
NOV-2018-LV-0463
Sample Location: Outtall 002 - Effluent
Violation Report
Date Period Parameter
Violation
Type
NOD
NOV CPA
3/1/2018 3-2018 Solids, Total Suspended -
Concentration
Daily Maximum
Exceeded
NOV-2018-LV-0553
Other Violation
Sample Location:
Violation Report
Date Period Parameter
Violation
Type
NOD
NOV CPA
2/1/2018
Violation detected
during inspection
NOV-2018-PC-0030
21112018
211/2018
Violation detected
during inspection
NOV-2018®PC-0030
Violation detected
during inspection
NOV-2018-PC-0030
2/1/2018
Violation detected
during inspection
NOV-20
PC-0
8/8/2018
8/8/2018
Violation detected
during inspection
NOV-2018-PC-0323
Violation detected
during inspection
NOV-2018-PC-0323
8/6/2018
Violation detected
during inspection
NOV-2018-PC-0323
8/8/2018
Violation detected
during inspection
NOV-2018-PC-0323
8/8/2018
Violation detected
during inspection
NOV-2018-PC-0323
8/812018
Violation detected
during inspection
NOV-2018-PC-0323
1217/2018
Permit conditions
violation
NOV-2019-PC-037
Page 3 of 4

Other Violation
Repo lig Violation
mole Location
Violation Report
Date Period Parameter
eter
Violation
Type
NOD
NV CPA
3/312018 1-201
Late/Missing DMR NOV-21 18-LR- i017 LR-2018-gtlt 8
Page 4 of 4

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Malins International Inc
Facility Name: Kings Mountain Travel Plaza
Permit Number: NC0032867
County: Cleveland
Case Number: MV-2019-0020
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation;
A
2 The duration and gravity of the violation;
6-.t r " fe ,,,,, ,
3) The effeet on ground or surface water quantity or qua
itiLt
4) The cost of rectifying the damage;
5) The amount of money saved by noncompliance;
r on air quality;
6) Whether the v Dilation was committed willfully or intentionally;
r 0e_;yr, ,.

7) The prior record of the violator in omplying or failing to comply with progra sover which the
Environmental Management Commission h ti regulatory authority; and
February 1, 2018 - NOV-2018-PC-0030, Inspection Violations
August 8, 2018 - NOV-2018-PC-0323, Inspection Violations
December 2018 — - 01 V-0329 TSS limit violation/ EnfoEnforcement
8) The cost to the St
Enforcement Cost:
1 hour staff time.,,.
1 hour supervisor time
Administrative /CO staff cost.,;.
Total enforce
e
pro
edures.
7.74
7.7.
1.5.00
ent cost 110.46
W. Corey Bas1h er, RegionaRegional upe isor
Water Quality a ional Operations SectiSection
Mooresville Regional Office
Division of Water Resources, NCDEQ