NC0086053_Revocation - Denial Letter_20210803

ROY COOPER
Governor
ELIZABETH S. B1SER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
August 3, 2021
CERTIFIED MAIL ITEM - 7018 1830 0001 8037 2100 - RETURN RECEIPT REQUESTED
Joey Cupp, Environmental Manager
Pilot Travel Centers, LLC
5508 Lonas Drive
Knoxville, TN 37909
Delivered via email and via certified mail
Subject: PERMIT REVOCATION, RENEWAL
APPLICATION DENIAL, AND
OWNERSHIP/NAME CHANGE DENIAL
NPDES PERMIT NCO086053
Pilot Travel Center #393
Haywood County
Dear Mr. Cupp:
In a letter dated March 1, 2021, the Division of Water Resources (DWR) provided Pilot Travel
Center, LLC (Pilot Travel Center) notice of DWR's intent to revoke the NPDES permit for Pilot
Travel Center #393 — Permit # NCO086053 (Permit). DWR received confirmation that Pilot
Travel Center received DWR's notice on March 5, 2021. DWR received Pilot Travel Center's
letter, dated April 30, 2021, objecting to revocation of the Permit. Due to Pilot Travel Center's
objection and in accordance with applicable law, DWR public noticed its intent to revoke the
Permit, deny Pilot Travel Center's pending renewal application, and deny a pending
ownership/name change request. The public notice was published in The Mountaineer on June
2, 2021 and the comment period on the notice ended on July 2, 2021. DWR reviewed the public
comments, including comments submitted by Pilot Travel Center and Junaluska Sanitary District
(JSD).
Revocation and Renewal Application Denial:
Pursuant to 15A NCAC 02H .0112(b)(3) and 15A NCAC 02H .0114(a), DWR has the authority
to revoke a NPDES permit for "a change in any condition that requires either a temporary or
permanent reduction or limitation of the permitted discharge." Pursuant to 15A NCAC
02H .0112, DWR has the authority to deny an application where necessary to effectuate the
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Joey Cupp
NC0086053
Page 2
purposes of Article 21 Chapter 143 of the General Statutes. Similarly, pursuant to 40 CFR
§ 122.64, DWR may terminate a permit or deny a permit renewal application for:
A change in any condition that requires either a temporary or permanent
reduction or elimination of any discharge or sludge use or disposal practice
controlled by the permit (for example, plant closure or termination of
discharge by connection to a POTW) (emphasis added).
Part II, Section B of the Permit reiterates those legal authorities.
Pilot Travel Center demolished its wastewater treatment plant and eliminated its discharge by
connecting to the Waynesville publicly owned treatment works (POTW) through JSD's
collection system. In December of 2020, DWR's Asheville Regional Office conducted an
inspection that verified that Pilot Travel Center's treatment system has been closed out and there
is no longer a point source discharge to surface waters. Accordingly, DWR hereby revokes the
Permit and denies Pilot Travel Center's renewal application.
Ownership/Name Change Request:
Pursuant to 40 CFR § 122.63(d), DWR may do a minor modification to a NPDES permit to:
[ajllow for a change in ownership or operational control of a facility where the
Director determines that no other change in the permit is necessary, provided that
a written agreement containing a specific date for transfer of permit
responsibility, coverage, and liability between the current and new permittees has
been submitted to the Director.
Despite the wastewater treatment plant being demolished and discharge eliminated, Pilot Travel
Center submitted a ownership/name change request in October 2020.1 With this letter, DWR is
revoking the Permit and denying Pilot Travel Center's renewal application, so the Permit cannot
be transferred to JSD.
Additionally, ownership or control of the facility that is the subject of the Permit has not changed
per 40 CFR § 122.63(d). The sales agreement even states that there was no transfer of "any
physical assets, such as piping, buildings, tanks, pumps, wwtp appurtnaces [sic]." Instead, the
sales agreement purports to transfer ownership of the Permit itself. However, State and federal
law as well as the NPDES permit itself make clear that transferring an NPDES permit is a
regulatory process requiring DWR action.
Moreover, the ownership/name change request submitted essentially asks DWR to transfer a
NPDES permit where the discharge was eliminated and treatment facilities razed to authorize a
potential new discharge of unknown wastewater quality and quantity from a potential new
WWTP of unknown specification and location. NPDES permits must be issued with conditions
' The Cover Letter for the ownership/name change request is signed by JSD, but Joey Cupp of
Pilot Travel Center signed as the "applicant" on the ownership/name change form. To the extent
that the ownership/name change request is attributable to JSD, DWR has provided a copy of this
letter to JSD to provide notice to JSD of the denial.

Joey Cupp
NC0086053
Page 3
that account for the characteristics of the waste stream in a manner that protects the waters
receiving the final discharge. Here, DWR has no information about the waste stream for
treatment, the proposed treatment system, or the specific location of the potential new discharge.
Accordingly, DWR hereby denies the ownership/name change request for the Permit.
DWR's actions can be contested as provided in Chapter 150B of the North Carolina General
Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office
of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing and
serving a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title
26 of the North Carolina Administrative Code. Additional information regarding requirements for
filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the
OAH Clerk's Office at [phone].
Service of a Petition on the North Carolina Department of Environmental Quality must be sent to:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If you have any questions about this matter, please contact John Hennessy, Supervisor of
Compliance and Expedited Permitting at [e-mail].
Sincerely,
S. Daniel Smith
Director, Division of Water Resources
cc: NPDES Files - electronic
Asheville Regional Office / Water Quality — electronic