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Home My WebLink AboutNC0032867_NOV2018PC0030_20180218Water Resources NVIRONMENTAL QUALITY 16 February 2018 CERTIFIED MAIL # 7015 1370 0000 2596 0184 RETURN RECEIPT REQUESTED Laeeq Khan, President Malik's International, Inc. 3425 Carnoustie Drive Chambersburg, PA 17202 ROY COOPER Governor MICHAEL S REGAN Secretary LINDA CULPEPPER Interim Director RECEIVEDIDENRIDWR FEB 2 8 2018 Water Resources Permitting Section Subject: Notice of Continuing Violation and Recommendation for Enforcement Tracking Number NOV-2018-PC-0030 Kings Mountain Travel Plaza WWTP NPDES Permit NCO032867 Cleveland County Dear Mr. Khan: Please find enclosed the Compliance Evaluation Inspection conducted on February 1, 2018 by Mr. Andrew Pitner and Ori Tuvia of the Mooresville Regional Office. Your cooperation during the site visit, along with that of Ron Haynes, was much appreciated. At the time of the inspection the following violations were observed and need to be addressed: 1. In accordance with Part II, Section D.6 of the subject permit, (Records and Retention), "Except for records monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information including": • All calibration and maintenance records; • All original strip chart recording of continuous monitoring instrumentation; • Copies of all reports required by the permit; • Copies of all data used to complete the application for this permit. These records or copies shall be maintained for a period of at least three (3) years from the date of the sample, measurement, report or application. At the time of the inspection, no records were available for review for the period August 1, 2014 through August 1, 2017. It is the duty of the Mooresville Regional Office Location 610 East Center Ave , Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 � Fax (704)663-60401 Customer Service 1-877-623-6748 k permittee to maintain all records for a least three (3) years. The records that were unavailable include: • Discharge Monitoring Reports (DMRs); • Lab results with Chain of Custody; • Flow meter readings; • pH and other relevant instrument calibration records; • ORC log (including visitation records); • Septic tank pumping records; • Maintenance logs. At the time of the inspection and in addition to the missing records, the facility had failed to submit eDMRs for the period of September 2017, October 2017, November 2017, and December 2017. 2. In accordance with Part II, Section C.2 of the subject permit, proper Operation and Maintenance (0&M) of the WWTP is required. As noted at the time of the inspection, the following areas of concern should be addressed: • septic tank must be properly sealed to avoid leaking wastewater to the ground; • The facility flow meter has not been calibrated in over one (1) year. You are requested to resolve the following issues: 1. Pump all wastewater from the ground to either the wastewater treatment plant or to an approved disposal location by a licensed hauler. As per meeting conducted February 16, 2018, it was indicated by the permitee that the issue was resolved. 2. Leaking septic tanks observed February 1, 2018, have been bypassed as indicated on February 16, 2018. Continued visual monitoring should be conducted until such time as the tanks are officially removed from the treatment component listed in the permit. 3. Submit all missing eDMRs, within 30 days of receipt of this letter; 4. Obtain missing records (noted below) for the period August 1, 2014 through August 1, 2017, within 60 days of receipt of this letter; • Discharge Monitoring Reports (DMRs) • Lab results with Chain of Custody • Flow meter readings • pH and other relevant instrument calibration records • ORC log (including visitation records) • Septic tank pumping records • Maintenance logs 5. Calibrate the flow meter, within 30 days of receipt of this letter. A Notice of Violation and Notice of Recommendation for Enforcement, pursuant to G.S. 143-215.6A, may result in a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per day, per violation and may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. 4' Thank you for your attention to this matter. Please understand the severity of the violations detailed above, which put surface waters and the public health at risk. This office requires that these violations be abated immediately. Please note that these violations and any future violations are subject to civil penalty assessments of up to $25,000.00 per day, per violation. Your response to this correspondence will be considered in this process. Should you have any questions regarding this matter, please contact Ori Tuvia or me at (704) 663-1699. Sincerely, . wr� T.R. JW. - N- W. Corey Basinger Regional Supervisor Mooresville Regional Office Division of Water Resources Cc: Ron Haynes (E -copy) NPDES (Derek Denard) MRO Files Cleveland County Health Department United States Environmental Protection Agency Form Approved EPA Washington, D C 20460 OMB No 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A National Data System Coding (i e , PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 2 15 1 1 3 I NCO032867 I11 121 18/02/01 I17 18 I S I 19 I S I 20I LL1 - 211 1 1 11=1 1 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 1 J I I I r6 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA Reserved 67 1 0 70 72 _n_] 73 80 174 751 I I I I I 71 L] _L Section B Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 09 50AM 18/02/01 14/01/01 Kings Mountain Travel Plaza Exit Time/Date permit Expiration Date 400 Dixon School Rd 11 45P 18/02/01 18/08/31 Kings Mountain NC 28086 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Ron Haynes/Operator/704-824-3518/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Laeeq Khan,PO Box 805 Kings Mtn NC No 280860805/P res ident/704-739-6415!7047390732 Section C Areas Evaluated During Inspection (Check only those areas evaluated) Permit 0 Flow Measurement Operations & Maintenance N Records/Reports Self-Monitonng Program 0 Facility Site Review Effluent/Receiving Waters Section D Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Andrew Pitney MRO WQ/1704-663-1699 EM 2180/ On A Tuvia MRO WQ//704-663-1699/ 21161)? � � �� / Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date W Corey Basinger MRO WQ//704-235-2194/ EPA For 560-3 (Rev g04) Previous ed itions are obsolete A ® C zv's.- Page# 1 NPDES yr/mo/day Inspection Type 31 NCo032867 I11 121 18/02/01 117 18 ICI Section D Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) + 1 Page# 2 Permit NCO032867 Owner - Facility Kings Mountain Travel Plaza Inspection Date 02/01/2018 Inspection Type Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less) Has the permittee submitted a new 0 ❑ ❑ ❑ application? Is the facility as described in the permit? 0 ❑ ❑ ❑ # Are there any special conditions for the permit? ❑ 0 ❑ ❑ Is access to the plant site restricted to the general public? E ❑ ❑ ❑ Is the Inspector granted access to all areas for inspection? 0 ❑ ❑ ❑ Comment Previous inspection conducted on 11/02/2017 resulted in an Notice of Continuing Violation ❑ (NOV -2017-PC-0602) 0 ❑ Is the chain -of -custody complete? The facility permit will expire on 08/31/2018 a permit renewal has not been submitted at this ❑ time ❑ Dates, times and location of sampling ❑ Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ❑ 0 ❑ ❑ Does the facility analyze process control parameters, for ex MLSS, MCRT, Settleable ❑ 0 ❑ ❑ Solids, pH, DO, Sludge Judge, and other that are applicable? Comment ORC log were not avilable for review for the period of August 2014 - August 2017 At the time of theinspection the following operational issues were noted Untreated wastewater had accumulated on the ground beside the leaking septic tanks The microbial population in the operable aeration basin appeared very low Flow meter had not been calibrated in over a year Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ❑ 0 ❑ ❑ Is all required Information readily available, complete and current? ❑ N ❑ ❑ Are all records maintained for 3 years (lab reg required 5 years)? ❑ ❑ 0 ❑ Are analytical results consistent with data reported on DMRs? ❑ ❑ 0 ❑ Is the chain -of -custody complete? ❑ ❑ 0 ❑ Dates, times and location of sampling ❑ Name of individual performing the sampling ❑ Results of analysis and calibration ❑ Dates of analysis ❑ Name of person performing analyses ❑ Transported COCs ❑ Are DMRs complete do they include all permit parameters? ❑ ❑ 0 ❑ Has the facility submitted its annual compliance report to users and DWQ? ❑ ❑ E ❑ (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator ❑ ❑ E ❑ on each shift? Page# 3 Permit NCO032867 Owner - Facility Kings Mountain Travel Plaza 2017 - # Is flow meter used for reporting? ❑ Inspection Date 02/01/2018 Inspection Type Compliance Evaluation N ❑ Is flow meter calibrated annually? ❑ Record Keeping Yes No NA NE Is the ORC visitation log available and current? ❑ 0 ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ❑ ❑ 0 ❑ Is the backup operator certified at one grade less or greater than the facility classification? ❑ ❑ N ❑ Is a copy of the current NPDES permit available on site? ❑ ❑ 0 ❑ Facility has copy of previous year's Annual Report on file for review? ❑ ❑ 0 ❑ Comment No recoreds were avilable for review for the period of Auqust 1, 2014 - Auqust 1, 2017 At the time of the Inspection the facllllty has not submitted EDMR for the months of August 2017 - # Is flow meter used for reporting? ❑ November 2017 N ❑ Is flow meter calibrated annually? ❑ Septic Tank Yes No NA NE (If pumps are used) Is an audible and visual alarm operational? ❑ 0 ❑ ❑ Is septic tank pumped on a schedule-, ❑ ❑ 0 ❑ Are pumps or syphons operating properly? ❑ E ❑ ❑ Are high and low water alarms operating properly? ❑ ❑ N ❑ Comment Septic tanks had cracks, waste water leached has was evident by the untreated wastewater that had accumulated on the ground beside the leaking septic tanks Flow Measurement - Effluent Yes No NA NE # Is flow meter used for reporting? ❑ ❑ N ❑ Is flow meter calibrated annually? ❑ ❑ ❑ Is the flow meter operational? ❑ ❑ ❑ (If units are separated) Does the chart recorder match the flow meter? ❑ ❑ 0 ❑ Comment Flow meter had not been calibrated In over a year Page# 4 I