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Home My WebLink AboutNC0032867_NOV2017LR0141_20171017Water Resources Environmental Quality October 26, 2017 CERTIFIED MAIL 70151520 0000 7838 4634 RETURN RECEIPT REQUESTED Mr. Bill West Maliks International, Inc. PO Box 805 Kings Mtn, NC 28086 Subject: NOTICE OF VIOLATION (NOV-2017-LR-0141) Late Discharge Monitoring Reports (DMRs) August 2017 Kings Mountain Travel Plaza NPDES Permit NCO032867 Cleveland County Dear Mr. West: ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director A review of the Division of Water Resources (DWR) database which tracks the monthly submittal of Discharge Monitoring Reports (DMRs) revealed that the August 2017 Discharge Monitoring Report (DMR) was not filed with the Division within the thirty (30) day reporting period in accordance with the monitoring and reporting requirements contained in your NPDES permit. Our records show you had a Notice of Violation (NOV-2017-LR-0135 dated September 20, 2017) for the missing July 2017 DMR. A copy of this notice is enclosed for your reference. Within said notice, you were informed that in order to prevent further action, you should submit the reports within fifteen (15) days of receipt of this notice. This is to inform you that the Division has not received montioring reports for July 2017 and August 2017. Based upon the above facts, I conclude as a matter of law that Maliks International, Inc. violated or failed to act in accordance with the requirements of NPDES Permit NCO032867 and G.S. 143-215.65. A civil penalty of not more than $25,000.00 per violation may be assessed against a person who fails to file, submit, or make available any documents, data, or reports required by G.S. 143-215.65. The State's enforcement costs in this matter may be assessed pursuant to G.S. 143-215.3(a) (9) and G.S. 143-282.1(b) (8). If you wish to provide additional information regarding the noted violations and prevent further action, please respond in writing within ten (10) days of receipt of this notice. Please ensure that the missing DMRs are sent in to the Division. A review of your response will be considered and you will be notified of any civil penalties that may be assessed regarding these violations. If no response is received in this Office within the 10 -day period, a civil penalty may be assessed. State of North Carolina I Environmental Quality 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919-707-9000 Mr. West October 26, 2017 Page 2 of 2 If you have any questions about this letter or discharge monitoring reports, please contact Derek Denard at 919-807-6307 or via e-mail at derek.denard@ncdenr.gov. ZSinc ely, I -ZS. Jay Zimmerman, P.G.'rLirector Division of Water Resources, NCDEQ w NPDES File Central Files MRO DWR WQROS Ken Deaver, President, KACE Environmental, Inz , PO BOX 63, Rutherfordton, NC 28139-0063 Water Resources Environmental Quality September 20, 2017 CERTIFIED MAIL 70151520 0000 7838 4689 RETURN RECEIPT REQUESTED Mr. Bill West Maliks International, Inc. PO Box 805 Kings Mtn, NC 28086 Subject: NOTICE OF VIOLATION (NOV-2017-LR-0135) Late Discharge Monitoring Reports (DMRs) July 2017 Kings Mountain Travel Plaza NPDES Permit NCO032867 Cleveland County Dear Mr. West: ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIlvIMERMAN Director This is to inform you that the Division of Water Resources did not receive the monitoring report for July 2017. This is in violation of Part 11, condition D. (2.) of the NPDES permit, as well as 15A NCAC 2B .506(a), which requires the submittal of Discharge Monitoring Reports no later than the last calendar day followingthe he reportingperiod. Failure to submit reports as required will subject the violator to the assessment of a civil penalty of up to $25,000 per violation. To prevent fiuther action, please submit the reports within fifteen (15) days of receipt of this notice If this facility is inactive or not constructed, you may submit a written request to suspend monitoring. The request should include a begin date and an end date for the period of monitoring. Additionally, this letter provides notice that this office will recommend the assessment of civil penalties if future reports are not received within the required time frame during the next twelve (12) reporting months. The Division must take these steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions about this letter or discharge monitoring reports, please contact Derek Denard at 919-807-6307 or via e-mail at cc:f.NPDES-File Central Files MRO DWR WQROS derek.denEa r.gov. SSrman, P.G.,r Division of Water Resources, NCDEQ State of North Carolina I Environmental Quality 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919-707-9000