NC0085952_LV-2015-0002_20150113 (2)

North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R van der Vaart
Governor Secretary
CerMed Mail#7012 1010 0002 1965 7%3
Return Receipt Reauested
January 13,2015 t
RECEIVED/D R/pWR
James J Schenker,Associate Environmental EN
T A Operating LLC JA
24601 Center Rdg Rd `� ZQ�J�
Westlake,OH 44145-5634 P aterr logall n ;
ti
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6) ;I
and NPDES Permit No.NCO085952 I
T A Operating LLC
Candler Travel Center "
Case No. LV-2015-0002
Buncombe County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$409.26($250.00 civil penalty
+$159.26 enforcement costs)against T A Operating LLC. y
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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 June 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 June 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(x)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(ax2), 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 Highwuy.Swannanoa,NC 28778
Phone:[phone] Internet:www.ncdenr.gov<httpa/www-.ncdenr.uov>
An Equal Oppornmity`.Af miauve fiction Employer-Made in part by recycled paper

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 -
Cone.
250.00 1 of the 1 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 Monthly Average for NH3-N -
Cone.
250.00 TOTAL CIVIL PENALTY
159.26 Enforcement Costs
409.26 TOTAL AMOUNT DUE
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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.I(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 I
(2) Submit a written request for remission,OR
(3) Submit a written request for an administrative hearing i
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
fNPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
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