NC0085952_LV-2015-0184_20150910

North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Certified Mail # 7014 0510 0000 4466 8550
Return Receipt Requested -
September 10, 2015
Mr. Rob Porges
T A Operating LLC
24601 Center Ridge Road, Suite 200
Cleveland, Ohio 44145
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.l(a)(6)
and NPDES Permit No. NCO085952
T A Operating LLC
Candler Travel Center WWTP
Case No. LV -2015-0184
Buncombe County
Donald R. van der Vaart
Secretary
RECEIVED/DENRIDWR
SEP 18 2015
Water Quality
Permitting Sectior,
--Dear Permittee: ---------------- -- - -- -
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $609.26 ($450.00 civil penalty +
$159.26 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) 4
submitted by T A Operating LLC for the month of May 2015.- 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 May 2015, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law -that TA 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 Highway, Swannanoa, NC 28778
Phone: [phone] \ Internet: www.ncdeDr.gov <http:`hvww.ncdear.gov>
An Equal Opportunity \ Affirmative Action Employer - Made in part by recycled paper

$200.00 2 of the 2 violations of 143-215.1(a)(6) and NPDES Permit No.N00085952, by discharging waste`
water into the waters of the State in violation of the Permit Daily Maximum for BOD - Conc.
250.00 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 Monthly Average for BOD - Conc.
$450.00' TOTAL CIVIL PENALTY
$159.26 Enforcement Costs
609.26 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. 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 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: i
- u rrirt-payment o t e-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

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 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

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
filingrn ocess.
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 muii also be -served on DENR as follows:
Mr: Sam M. Hayes, .General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
- - ---- ------ --------- ------Raleigh, North Carolina 27699-1601 ---- ---- -- — ---- --- ------ --- -- 4
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.

If -you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at [phone] or via email [e-mail].
Sincerely,
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)
James & James Environmental/ ORC (w/attachments)
G %WRM]Q\Buncombe\Wastewater,Minors?Candler Travei Center 059521LV-2015-0181 rtf

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2015-0184
Assessed Party: T A Operating LLC/ Candler Travel WWTP
Permit No.: NC0085952
County: Buncombe
Amount Assessed: $609.26
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. 14313-282.l(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
COUNTY OF BUNCOMBE,
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIl'ULATION OF FACTS
T A OPERATING ) -
CANDLER TRAVEL CENTER WWTP )
PERMIT NO. NCO085952 ) CASE NO. LV -2015-0184
Having been assessed civil penalties totaling $609.26 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated September 10, 2015, 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
SIGNATURE
ADDRESS
TELEPHONE

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ATTACHMENT A
T A Operating LLC
_ I
CASE NUMBER: LV -2015-0184
PERMIT:
NCO085952
FACILITY:
I
Candler Travel Center
COUNTY: Buncombe
REGION:
Asheville
Limit Violations
i
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MONITORING
OUTFALL /
I
VIOLATION
UNIT OF
CALCULATED
% OVER
PENALTY
REPORT
PPI LOCATION PARAMETER
-
DATE FREQUENCY
I
MEASURE
LIMIT VALUE
LIMIT
VIOLATION TYPE
$100.00
5-2015
001 Effluent
BOD - Conc
5/12/15 Weekly
mg/I
7.50 12
60.0
Daily Maximum Exceeded
$100.00
5-2015
001 Effluent
BOD - Conc
5/19115 Weekly
mg/I
7.50 18
140.0
Daily Maximum Exceeded
$250.00
'5-2015
001 Effluent
BOD - Conc
5/31115 Weekly
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mg/I
5 10.20
103.1
Monthly Average Exceeded
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Violator: T A Operating LLC
Facility Name: Candler Travel Center WWTP
Permit Number: NCO085952
County: Buncombe
Case Number: LV -2015-0184
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;
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified.
2) The duration and gravity of the violation; , '
Two Daily Max BOD violations exceeded the permit limit by 60% & 140%.
One Monthly Average BOD exceeded the permit limit by 103.05%.
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 have been two civil penalty assessments in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$159.26.
Date G. Landon Davidson, Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDENR

LV -2003-0815
9-2003
12/17/03
$350.00
$100.00
Owner
$0.00
/7
7/12/05
LM -2004-0014
Permit Enforcement History Details by
6/28/04
$1,56200
$100.00
$1,662.00
$0.00
No
7/9/05
i
2-2004
9/9/2015
$2,122.00
$100.00
$2,222.00
_
No
7/12/05
LM -2004-0016
1
Owner-: T A Operating LLC ......
..
$100.00
$2,150.00
$0.00
No
7/12/05
LM -2004-0017
Facility: Candler Travel Center -
6/28/04
$2,800.00
$10000
i
$2,900.00
I
No
7/12/05
permit: NCO085952
10-2003
6/28/04
$350.00
$100.00
$450.00
$0.00
No
Region,: Asheville
County :. Buncombe
12-2003
6/28104
I
$100.00 i
$1,000.00
Penalty
No
7/12/05
Remission
Enf
Enf EMC EMC OAH
Collection
Has
Assessment
penalty,
No
Request
Conf
Remission Hearing Remission Remission
MemoSent Total
Balance Pmt Case
Case" MR Approved
Amount
•Enforcement-
Costs Damages
Received
Held
Amount Held Amount Amount
To AGO paid
Due Plan Closed
Number -
LV -1999-0434 10/22199
$2,000.00
$73.11
11/29/99
2/2/00
$0 i
$2,073.11
$0.00 No 3/9/00
LV -2000-0485 11/27/00
$250.00
$73.11
$323.11
$0.00 No 12/14/00
LV -2001-0303 8/27/01
$1,750.00
$73.39
$1,823 39
$0.00 No 10/12/01
LV -2001-0399 10!5101
$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
$000 No 7/12/05
LV -2002-0300 3-2002 8/12/02
$250.00
$10550
$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
$1,56200
$100.00
$1,662.00
$0.00
No
7/9/05
LM -2004-0015
2-2004
6/28/04
$2,122.00
$100.00
$2,222.00
$000
No
7/12/05
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
$10000
i
$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
6/28104
$900.00
$100.00 i
$1,000.00
$0.00
No
7/12/05
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
$3,51500
$0.00
No
7/12105

NPDpSaPEIIMIT NO. NCO086952 DISCHARGE NO. 001 MONTH MAY YEAR 2015
-
FACILITY NAME TRAVEL CENTERS OF AMERICA CLASS II COUNTY 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 II CERTIFICATION NO. 994182
PERSON(S) COLLECTING SAMPLES KENNETH JASON RUMMEL ORC PHONE [phone]
CHECK BOX IF ORC HAS CHANGED
Mail ORIGINAL and ONE COPY to:
ATTN: CENTRAL FILES
DIVISION OF WATER QUALITY
1617 MAIL SERVICE CENTER
RALEIGH NC 27699-1617
NO FLOW / DISCHARGE FROM SITE *
BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS -
ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
DWQ Fo,m M161 (I I"
II 1
I11 I
ILII
II.1
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...
......
..........
----
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......
®
DWQ Fo,m M161 (I I"

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
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 H.E.6 of
the NPDES permit.
y: +y
"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 imprisonmeri for knowing violations."
TRAVEL CENTERS OF AMERICA
K
Permittee (Please;print or type)
" 4
ature ofE sir- -_
- - - Date
- -- . (Required unless submitted electronically) .
1
24501 CENTER RIDGE ROAD, -SUITE 200-
WSTLAKE; OHIO 44145-5634 _ 828-697-0063 ,_ _
10-31-15'•:.; _ •--
Permittee Address - - - - - - Phone Number a -mail address
'Permit Expiration Date,
_ I
ADDITIONAL.CERTIFIED, LABORATORIES'
-
_
t
Certified Laboratory (2) _ Certification No.
Certified Laboratory(3) Certification No.
i
Qertified,Laboratory (4) ,_
- ,._ •. . -- ; _._ - - Certification No.
Certified Laboratory (5) Certification No. •
-
: I
r.
-
PARAMETER � �
CODES
Parameter•Code assistance maybe obtained by -calling the NPDES Unit at (919) 807=6300 or by visiting http://portal.node-.org/web/wq/swp/ps/npdes/appfonns.
„
f
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
I
... file.with the state,per,15A NCAC-213 ;0506(b)(2)(D), _- -