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HomeMy WebLinkAboutNC0032867_Enforcement_20190625 (3)ROY COOPER Governor MICHAEL S. REGAN Secretary LIMA CULPEPPER f t t NA Direct lify Certifi d Mail # 7018 0360 0002 2099 1284 Return Receipt Requested 2019 Laeeq Khan, President Maliks International Inc 3425 Carmoustie Dr Chambersburg, PA 17202 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-21 and NPDES WW Permit. No. NC0032867 Maliks International Inc Kings Mountain Travel Plaza Case No, LV-2019-0134 Cleveland County Dear Mr. Khan: 'a 6 This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $210,46 ($100.00 + $110.46 enforcement costs) against Maliks International Inc. penalty 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 December 2018. 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. NC0032867. The violations, which occurred in December 2018, 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. 143-215.6A(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). rtmem of Ertviro mentaSQua? 4y I EXtviswsrs of Water Resaarces Mooresurilse Reya+oruse&.Offsee 1610 East Cehter Avesuut, Siete 301 I Mooresville, North C roVri 4#4 AA tk ,`,,,4• Based u findtigs of fact and conclusions of law, and in accordance with authority provided by the Secretary of the 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: ROOM 1 of 1 violations of GS. 143-215.1(a)(6) and Permit No. NC0032867, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for Solids, Total Suspended - Concentration $100,00 TOTAL CIVIL PENALTY $110.46 Enforcement Costs $110.46 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of act and Conclusions of Law and the factors set forth at G.S. 143B-282.I (b), which are: (1) (4) (5) (6) (7) (8) 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; The duration and gravity of the violation; The effect on ground or surface water quantity or quality or on air quality; The cost of rectifying the damage; The amount of money saved by noncompliance; Whether the violation was committed willfully or intentionally; The prior record of the violator in complying or failing to comply with programs over whieh the Environmental Management Commission has regulatory authority; and 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 penalty, OR Submit a written. request for remission, OR 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 ofan accident; (4) hether 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 wri.ting. 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 request r mission, yotcotnleteand. submit the. enclosed "Re u s o . Remission of Civi Pen.alties, 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 isoreuestsLyppomptete and submit the enclosed "Justification for Remission Request," Both forms should be submitted to the ifollowing address: Wastewater Branch. Division of Water Resources. 1.617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 3: File a petition for an administrative hearing he Office of Administrative Hearino: I.f 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 500 p.m, except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §1.50B-23.2) is received. in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all uestions re ardin the filin . fee andlor the details Jibe 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: (919) 431-3000 Fax: (919) 431-3100 One (I) 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 evideneed 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 tn.ay be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Ori. Tuvia. with the Division of Water Resources staff of the Mooresville Regional Office at (704) 663-1699 or via email at ori..tuviagnedepr.gov. Sincerely, 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 Compliance/Enforcement Unit - Enforcement File JUSTIFICATION FOR RIMISSION QUEST Case Number: LV-2019-t1134 Assessed Party: Maliks International Inc Permit. No.: NC0032867 County: Cleveland Amount Assessed: $210.46 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 pacts" folio 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 natty 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. § 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 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. 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 (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (Le,, explain why the violation was unavoidable or something you could not prevent or prepare 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 di.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). STATE OF NORTH C R LIN . COUNTY OF CLEVELAND T i THE MATTER OF ASSESS ENT OF CIVIL PENALTIES xA.I1 T Maliks International Inc Kings Mountain Travel Plaza PERMIT NO. N00 2 67 DEPARTMENT TMENT rF E 1 iIRON. ENTA QU, TT' R OF RIGHT TO AN ADMINIS FRAT HEARING STIPULATION OF FACTS CASE NO. TV-2019-0134 Having been assessed civil penalties totaling 10.4 for viol tion(s) as set forth in the assessment document of the Division of Water Resources dated June 25, 2019, the undersigned, 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 () days of eeriot of the notice of assessment, No news evidence in support of a remission request will be allowed after (0) days from tine receipt of the notice of assessment: PT'his the day of ADDRTSS SIGNAT TE t "PHONE E PERMIT: NC00 2 6 " FACILITY: Kings o ntain Travel Plaza PLE LOCATION: Oti Il' 0 - violation Report Date MonthilYr Parameter 1 /2 1 01 12-2018 Solids: Total Suspended Concentration tr nt ATTACHMENT Maliks International Inc CASE NUMBER: LV-2019-0134 'nit of Frequency a sure Value 2 X month nt1145 ION: Mooresville COUNTY Cleveland Oyer anon Penalty Type Amount 42 Daily Maximum Exceeded U.S. Postal Service"' CERTIFIED MAIL® RECEIPT Domestic Milli Only For delivery information„ visit our vsite at cvlwuv. , extra Services. D Retem Receipt ciervd'3opy) Return Receipt (electronic) D Cerefieril Maril Reeuk eed Delivery $ Arun Signature Required 0 Adult Signance Reelrici d Delivery $ t� Postage MALIKS INTERNATIONAL AC, 3425 CARMOUSTIE DRIVE CHAMBERSBURG PA 17202 ATTN: LAEEQ KHAN dwr/ot 6/26/19 Form 3ttttC.Apd 2015?sr47 to-O Reverse SENDER: OMPETU; Ti A6 [KS 1NTER-NATI©NAL INS 3425 CARMOUSTIE DRIVE CHAMBERSBURG PA 17202 ALIN: LAEEQ KHAN dwr/cat 6/26/1.9 7018 0360 0002 2099 1284 PS Form 3811, July 2015 PSN 7530-32-000-9053 DMR REVIEW RECORD Mooresville Regional Office Facility Name: Kings Mountain Trayel Playa Permit Number: NC003 + "? Report Period: December! 2018, Prior Assessments: 2 Enforcement Factor: Outfall Description Waterbody Name Waterbody Classification 002 0illWater Separator to Kings Creek Kings Creek Dail' Limit Violations Sample Location: Outfall 002 - Effluent Violation Unit of Limit Calculated % Over Date Parameter Frequency Measure Value Value Limit Action 12/20/2018 Solids, Total Suspended' - Concentration 2 X month mg/I 45 64 42,2 �'lonittrritt Frequency Violations Sample Location: Outfall 002 - effluent Violation Date Parameter Unit of Frequency Measure ActtOn 12/112018 Flow, in conduit or thru treatment plant 12/1/2018 oil & Grease Weekly mgd Weekly mg/I 121/2018 pH Weekly su 12/1/2018 Turbidity Weekly ntu-�L�.... Reporting Violations Sample Location: Violation Unit of Date Parameter Frequency Violation Type Action /2019 Late/Missing DMR No Action, BPJ Page 1 of 4 Othe: Ions/Stff Remarks; Soper s nor Re rks: plated by: t Regional pervlser Sign -offs Regional Supervisor Sin -off: Date: Elate: Date: Paf Prior 12-Month Enforcement Histort Permit Number: NC:0032867 Report Period: December 201.8 Limit Violation Sample Location: OutfaII 001 - Effluent Violation Report Date Period Parameter Violation Type NOD NOV CPA 2/28/2018 2-2018 BOD, 5-Day (20 Deg. C) - Concentration Monthly Average Exceeded NOV-2018-LV-0463 Sample Location: Outfall 002 - Effluent Violation Report Date Period Parameter Violation Type NOD NOV CPA 3/1/2018 3-2018 Other Violation Sample Location: Solids, Total Suspended - Concentration Daily Maximum Exceeded NOV-2018-LV-0553 Violation Report Date Period Parameter Violation Type 12/11/2017 12/11/2017 Violation detected during inspection Violation detected during inspection NOD NOV CPA NOV-2017-PC-0712 PC-2018-0004 NOV-2017-PC-0712 PC-2018-0004 2/112018 Violation detected during inspection NOV-2018-PC-0030 2/1/2018 Violation detected during inspection NOV-2018-PC-0030 2/112018 2/1/2018 Violation detected during inspection NOV-2018-PC-0030 Violation detected during inspection NOV-2018-PC-0030 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 8/8/2018 Violation detected during inspection 8/8/2018 Violation detected during inspection NOV-2018-PC-0323 NOV-2018-PC-0323 Page 3 of 4 Other Violetn Sample Location;. Violation. Report Date Period Parameter Violation Type NOD NOV CPA 8l8/2018 Violation detected NOV-2118-PC-i0323 during inspect Report€n Violation Sample Location; Violation Report Date Period Parameter Violation Type NOD NOV CPA 3/1218 1-2018 Late/Myssing DMR N V-2018-LR- i017 LR-2018-0008 11311218 12-2017 Late/Missing DMR NOV-2018-LR40010 LR-2018-0007 Pag 4 of 4 ROY COOPER Covernor MICHAEL 5. REGAN Scowar LINDA CULPEPPER Director Certified Mail # 7018 0360 0002 2099 1239 Return Receipt Requested Laeeq Khan, President Maliks International Inc 3425 Carmoustie Dr Chambersburg, PA 17202 NORTH CAROLNA Environmental Quality May 6, 2019 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2019-LV-0329 Permit No, NC0032867 Kings Mountain Travel Plaza Cleveland County Dear Mr. Khan: A review of the December 2018 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Location Parameter Limit Reported Date Value Value Type of Violation 002 Effluent Solids, Total Suspended - 12/20/2018 45 64 Daily Maximum Exceeded Concentration (C0530) 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 (525,000.00) 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. NC 4ra::-Ra D4 t. !tEmsr,14.! Watfr Restv,rze s. 4fi R. *toss:, Ofl!'z'A4 E.*A: AN.4%4,S t3Ci. 7C-441;it 1,SS 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, DocuSigned by: Al4CC681AF27425,.. 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 liolt'tCrr epaAme:71,af Envvzirrntot*, R.SWroe,,,s Moo114-sq,* 410 E*.g 4v*rve. SArt* i M4x:tialev N,v11 Ca a 26115 7a4 ,66S-ie9 9 DIVISION OF A R RESOURCES CIVIL PENALTY ASSESSMENT Violator: rvlaliks International Inc Facility Name: Kings Mountain Travel Plata Permit Number: NC0032867 County: Cleveland Case Number: LV-2019-0134 ASSESSMENT FACTORS 1) The degree and extent ofharm 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; The effect on ground or surfac ater quantity or quality or on air quality; 4) The cost of rectifying the damage; 5) The amount of money saved by noncompliance; 6) ther the violation was committed willfully or intention. ally; ) The prior record of the violator in complying or failing to comply with programsover Environmental Management Commission has regulatory authority; and December 11, 2017 — hi ' -2 17-P - 712 Inspection Violations i Enforcement February 1, 2018 - NV-201--, Inspection 'ioltion August 8, 2018 - NOV-2018-PC-0 , Inspection Violations 8) The cost to the State 0: 110.46 Enforcement Cost: 1 hour staff time,... 1 hour supervisor time: Administr tine /CO staff cost...... Total enforce he e ce t procedures. era cost ,$ 37,74 $ 57,72 1 ,QQ $ 110 4 hich t W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of "Water Resources, NCDEQ