NC0085952_LV-2014-0118_20140918

ti
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Certified Mail # 7012 1010 0002 1965 7727
Return Receipt Requested
September 18, 2014
James J Schenker, Associate Environmental
T A Operating LLC
24601 Center Rdg Rd
Westlake, OH 44145 -5634
SUBJECT: Notice of Violation and Assessment of Civil Penalty
'for Violations of North Carolina General Statute (G.S.) 143- 215.1(a)(6)
and NPDES Permit No. NCO085952
T A Operating LLC
Candler Travel Center
Case No. LV- 2014 -0118
Buncombe County
Dear Permittee:
John E. Skvarla, III
Secretary
RECEIVEDIDENRIDWR
SEP 2 9 2014
Water Qua,ity
Permitting Secc�tion
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $247.50 ($100.00 civil penalty
+ $147.50 enforcement costs) against T A Operating LLC.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report
(DMR) submitted by T A Operating LLC for the month of April 2014. This review has shown the subject facility to be
in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0085952. The
violations, which occurred in April 2014, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that T A Operating LLC violated the terms, conditions or
requirements of NPDES Permit No. NCO085952 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).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water
Resources, I, G. Landon Davidson, Regional Supervisor, Asheville Regional Office hereby make the following civil
penalty assessment against T A Operating LLC:
2090 U.S. 70 High way. Swalmanoa, NC 28778
Phone: [phone] \ Internet: www ricdenr.gov <http: / /w -,wv.ncdenr.gov>
An Fnnal Onnnrhmity 11 Atiimiati— Aerinn Fmnlnvrr - N.Inde in nart by m.eveled na-

t
100.00 1 of the 1 violations of 143- 215.1(a)(6) and NPDES Permit No.NC0085952, by discharging
waste water into the waters of the State in violation of the Permit Daily Maximum for BOD -
Conc.
0.00 0 of the 1 violations of 143- 215.1(a)(6) and NPDES Permit No.NC0085952, by discharging
waste water into the waters of the State in violation of the Permit Monthly Average for BOD -
Conc.
$100.00 TOTAL CIVIL PENALTY
147.50 Enforcement Costs
247.50 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 Fact
and Conclusions of Law and the factors set forth at G.S. 14313- 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 Environmental
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 of the following:
(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 Environment and Natural Resources (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:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699 -1617
KA

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.I(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 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 remission you 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 (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:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699 -1617
3
RECEIVED /DENR/DWR
SEP 2 9 2014
Water Quality
Permitting Section

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 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
§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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mr. John Evans, General Counsel
Department of Environment and Natural Resources
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.
4

If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at (828) 296 -4667 or via email at janet.cantwell @ncdenr.gov.
Sincerely,
for Thomas A. Reeder, Director
Division of Water Resources, NCDENR
By G. Landon Davidson, Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDENR
ATTACHMENTS
Cc: WQS Asheville Regional Office - Enforcement File (w /attachments)
NPDES Compliance/Enforcement Unit - Enforcement File (w /attachments)
Central Files, Water Quality Section (w /attachments)
RECEIVED /DENR/DWR
SEP 20 2014
Water Quality
Permitting Section
67

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV- 2014 -0118
Assessed Party: T A Operating LLC
Permit No.: NCO085952
County: Buncombe
Amount Assessed: $247.50
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. §
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 (i.e., 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 (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
T A Operating LLC )
Candler Travel Center 1
PERMIT NO. NCO085952 ) CASE NO. LV- 2014-0118
Having been assessed civil penalties totaling $247.50 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated September 18, 2014, 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 (30) days
of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days
from the receipt of the notice of assessment.
This the
day of
20
ADDRESS
TELEPHONE
SIGNATURE

ATTACHMENT A
T A Operating LLC
CASE NUMBER: LV- 2014 -0118
PERMIT: NCO085952 FACILITY: Candler Travel Center COUNTY: Buncombe REGION: Asheville
Limit Violations
MONITORING
OUTFALL 1
VIOLATION
UNIT OF
CALCULATED
% OVER
PENALTY REPORT
PPI LOCATION PARAMETER
DATE FREQUENCY
MEASURE
LIMIT VALUE
LIMIT VIOLATION TYPE
$100.00 4 -2014 001 Effluent BOD - Conc 4/29/14 Weekly mg /I 7.50 9 20.0 Daily Maximum Exceeded
$0.00 4 -2014 001 Effluent BOD - Conc 4/30/14 Weekly mg /I 5 5.70 14.0 Monthly Average Exceeded
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DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (FILE)
Violator: Candler Travel/ TA Travel / NCO085952
County: Buncombe
Case Number: LV- 2014 -0118
8 ASSESSMENT FACTORS
As required by G.S. 143- 214.6A(c), in determining the amount of the penalty I considered the factors
set out in G.S. 1438- 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;
All effluent violations may be detrimental to the receiving stream but may not
be immediately quantified.
2) The duration and gravity of the violation;
One Daily Max BOD exceeded the permit limit by 20 %.
One Monthly Average BOD exceeded the permit limit by 14 %.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not
be immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved would include the cost of excess solids removal
and additional aeration. It would also include more operating and maintenance
time on site.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
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
There has been one civil penalty enforcement in the twelve months prior to this
violation.
8) The cost to the State of the enforcement procedures.
$147.50.
Date G. Landon Davidson, Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office, NCDENR

Permit Enforcement History Details by Owner
Owner: T A Operating LLC
Facility : Candler Travel Center
Permit: NCO085952
9/18/2014
1
Region :
Asheville
County Buncombe
$2,000.00
$73.11 11/29/99 212100 $0
$2,073.11
Penalty
No
Remission Enf
Enf EMC EMC OAH Collection Has
Assessment
Penalty Enforcement
Request Conf
Remission Hearing Remission Remission MemoSent Total Balance Pmt Case
Case
MR Approved
Amount Costs Damages
Received Held
Amount Held Amount Amount To AGO Paid Due Plan Closed
Number
$1,750.00
$73.39
$1,823.39
$0.00
LV- 1999 -0434
10/22/99
$2,000.00
$73.11 11/29/99 212100 $0
$2,073.11
$0.00
No
3/9/00
LV- 2000 -0485
11127100
$250.00
$73.11
$323.11
$0.00
No
12/14100
LV- 2001 -0303
8127/01
$1,750.00
$73.39
$1,823.39
$0.00
No
10/12/01
LV- 2001 -0399
10/5/01
$250.00
$73.39
$323.39
$0.00
No
11/6/01
LV- 2002 -0188
1 -2002
5/20/02
$250.00
$105.50
$355.50
$0.00
No
7/12/05
LV- 2002 -0300
3 -2002
8/12/02
$250.00
$105.50
$355.50
$0.00
No
7/12/05
LV- 2002 -0521
6 -2002
10/29/02
$250.00
$100.00
$350.00
$0.00
No
7/12/05
LV- 2003 -0815
9 -2003
12/17/03
$350.00
$100.00
$450.00
$0.00
No
7/12/05
LM- 2004 -0014
1 -2004
6/28/04
$1,562.00
$100.00
$1.662.00
$0.00
No
7/12105
LM- 2004 -0015
2 -2004
6/28/04
$2,122.00
$100.00
$2,222.00
$0.00
No
7112/05
LM- 2004 -0016
3 -2004
6/28/04
$2,050.00
$100.00
$2,150.00
$0.00
No
7/12/05
LM- 2004 -0017
4 -2004
6 /28/04
$2,800.00
$100.00
$2,900.00
$0.00
No
7/12/05
LV- 2004 -0202
10 -2003
6/28/04
$350.00
$100.00
$450.00
$0.00
No
7/12/05
LV- 2004 -0206
12 -2003
6128/04
$900.00
$100.00
$1,000.00
$0.00
No
7112/05
LM- 2004 -0040
6 -2004
10/18/04
$3,210.00
$100.00
$3,310.00
$0.00
No
7/12/05
LM- 2004 -0041
7 -2004
10/18/04
$3,415.00
$100.00
$3,515.00
$0.00
No
7/12/05

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LV- 2010 -0380
6 -2010
11/22/10
$350.00
$67.00
$417.00
` l
s/t 61zo�
3
$0.00 No
,
12/14/10
LV- 2011 -0029
7- 2010
2/2/11
$350.00
$67.00
3/21111
$417.00
$0.00 No
312/11
LV -2011 -0087
10 -2010
4/1111
$875.00
$67.00
512111 8/12111 $438
$504.50
$0.00 No
9126/11
LV- 2011 -0114
11 -2010
5/9/11
$562.50
$67.00
5/15/11 4/8112 $200
$429.50
$0.00 No
5/23/13
LV- 2011 -0272
3 -2011
1111/11
$125.00
$142.00
$267.00
$0.00 No
12/11/11
LM- 2011 - 0037
4 -2011
11/18/11
$125.00
$142.00
$267.00
$0.00 No
12113/11
LV- 2012 - 0154
4 -2012
9/4112
$200.00
$137.00
9/19/12 4/16/13 $100
$237.00
$0.00 No
5/14113
LV- 2013 - 0103
6 -2011
5/23/13
$832.00
$0.00
$832.00
$0.00 No
5/23/13
LV- 2013 -0205
7 -2013
11/19/13
$100.00
$147.50
$247.50
$0.00 No
12/16/13
Total Cases.
46
Total Penalty Amount:
$46,590
Total Enforcement Cost: $4093.07
Sum of Total Case Penalties: $50,682.82
Sum Of Total Paid: $49,945.32 Total Balance Due : $0.00
Total Penalties After Remissions: $49,945.32

NPDES PERMIT NO. N00085952 DISCHARGE NO. 001 MONTH •, ., APRIL YEAR 2014
FACILITY NAME TRAVEL CENTERS OF AMERICA CLASS II - COUN•I i BUNCOMBE
CERTIFIED LABORATORY (1) JAMES & JAMES ENVIRONMENTAL MGT., INC. CERTIFICATION NO. 482
(list additional laboratories on the backside /page 2 of this form)
OPERATOR IN RESPONSIBLE CHARGE (ORC) KENNETH JASON RUMMEL GRADE 11 CERTIFICATION NO. 994182
PERSON(S) COLLECTING SAMPLES KENNETH JASON RUMMEL ORC PHONE [phone]
CHECK BOX IF ORC HAS CHANGED // NO FLOW / DISCHARGE FROM SITE
Mail ORIGINAL and ONE COPY to
AT TN: CENTRAL FILES
DIVISION OF WATER QUALITY
1617 MAIL SERVICE CENTER
RALEIGH NC 27699 -1617
BY THIS SIGNATURE,1 CERTIFY THAT THIS REPORT Ir
ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
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Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
(including weekly averages, if applicable)
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements
X
Noncompliant
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public 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 permittee becomes aware of the 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 II.E.6 of
the NPDES permit.
"I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on my 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."
TRAVEL CENTERS OF AMERICA
Permittee (Please print or type)
5')'`-,q
Signature of ttee*** Date
(Required urMss submitted electronically)
24601 CENTER RIDGE ROAD, SUITE 200
WESTLAKE, OHIO 44145 -5634 828- 697 -0063 10 -31 -15
Pernittee Address Phone Number e-mail address Permit Expiration Date
ADDITIONAL CERTIFIED LABORATORIES
Certified Laboratory (2)
Certification No.
Certified Laboratory (3)
Certification No.
Certified Laboratory (4)
Certification No.
Certified Laboratory (5)
Certification No.
PARAMETER CODES
Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 807 -6300 or by visiting http: / /portal.ncdenr.org /web /wq /swp /ps /npdes /appforms.
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
* No Flow/Discharge 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 DMR for the entire monitoring period.
** ORC On Site ?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G.0204.
* ** Signature of Permittee: If signed by other than the permittee, then the delegation of the signatory authority must be on
file with the state per 15A NCAC 2B .0506(b)(2)(D).

JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
PO BOX 1354, MOUNTAIN HOME, NC 28758
(828) 697 -0063 OFFICE
(828) 697 -0065 FAX
April, 2014 - DMR
Client: Travel Centers of America
NPDES PERMIT NUMBER: NCO085952
Dear Client,
We are pleased to notify you that your facility operated most of the month within your National
Pollutant Discharge Elimination System ( NPDES) permit. We did experience a result that was greater than
the permit discharge limits. Your permit has both a monthly maximum and a daily maximum. Your
facility exceeded the permit discharge limits on the items listed below:
BOD — 5 DAY — 9.0 mg/l on the 29a'
Monthly average 5.7 mg/l
This gave a daily maximum violation on one day and did give a monthly violation. This facility
has been running exceptionally well over the last several months. The rather rapid temperature change did
not allow the facility to acclimate to the warmer weather. We have increased the time on the clocks
allowing for more Dissolved Oxygen in the aeration basin. We have also had the facility pumped and
wasted solids to the digester. The facility regained compliance by the first of May.
You may receive a monetary fine for this month. Thank you for your understanding in this matter.
Thank you for choosing James & James as your service company.
Harry & Juanita James
RECEIVED /DENR/DWR
tP L 9 2014
Water Quality
Permitting Section

JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
PO BOX 519, MOUNTAIN HOME, NC 28758
(828) 697 -0063 OFFICE
(828) 697 -0065 FAX
August 3, 2014
Surface Water Protection Section
Asheville Regional Office
2090 U.S. Highway 70
Swannanoa, NC 28778
RE: Candler Travel Center W WTP
NPDES: NCO085952
NOV- 2014 -LV -0356
Dear Mr. Davidson,
This letter is in reference to the NOV for T A Operating LLC operating as Candler Travel Center
for the month of April. 2014. This violation was with regard to BOD.
This facility has been operating exceptionally well given the very strict limits and the type of
influent it receives. The end of the month of April, 2014 was a hiccup in this excellent recent history of
compliance. The rest of the month of April the system operated without incident and since this was
collected late in the month there was not opportunity to allow for more compliance sampling. The facility
quickly gained compliance in the following month.
The spring weather turned to summer very quickly and, although we adjusted the time clocks to
meet the additional Dissolved Oxygen demand, the facility could not get acclimated in that short of time
period. We also had the facility pumped and wasted out additional solids as the plant could sustain without
causing a Total Suspended Solid issue.
We request that you consider the history of the facility and the events that led to this interruption
of compliance. Thank you for your consideration.
Thank you,
Harry &Juanita James