NC0032867_PC-2018-0004 Denied_20180405

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Water Resources
Environmental Quality
April 5, 2018
CERTIFIED MAIL 7015 0640 0007 9833 6568
RETURN RECEIPT REQUESTED
Mr. Laeeq Khan, President
Maliks International, Inc.
400 Dixon School Rd
Kings Mountain, NC 28086
Dear Mr. Khan:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
Subject: Request to Remit Civil Penalties - Denied
Decision in Case Number: PC -2018-0004
Kings Mountain Travel Plaza WWTP
NPDES Permit NCO032867
Cleveland County
In accordance with North Carolina General Statute 143-215.6A(f), the North Carolina Division of Water
Resources (the Division) has reviewed your request to remit civil penalties in the subject case. We regret to
inform you that the Director has denied your request.
Therefore, your outstanding balance $3,209.77 ($3,000 civil penalty + $209.77 enforcement costs) is due and
payable. Two options are available to you at this stage of the remission process:
1) You may pay this balance.
If you decide to pay the penalty, please make your check payable to the Department of Environmental Quality
(DEQ). Send the payment, within thirty (30) calendar days of receiving this letter, to the attention of-
Wren
f
Wren Thedford
Division of Water Resources
Water Quality Permitting Section - NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
OR
2) You may request the Environmental Management Commission's (FMC's)
Committee on Civil Penalty Remissions (the Committee) to make the final decision
on your remission request considering your additional oral input, as warranted.
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000

Mr. Khan
April 5, 2018
Page 2 of 2
If payment is not received within 30 calendar days from your receipt of this letter, your current request for
remission and this letter of denial will be delivered to the Committee on Civil Penalty Remissions for final
agency decision.
If you or your representative would like to speak before the Committee, you must complete and return the
attached Request for Oral Presentation Form within thirty (30) calendar days of receiving this letter. Send
completed form(s) to:
Wren Thedford
Division of Water Resources
Water Quality Permitting Section - NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
If you make such a request, the EMC Chairman will review the supporting documents and your request for an
oral presentation. If, in his/her judgment, the Chairman determines that there is compelling reason to require a
presentation, you will be notified as to when and where you should appear. If your presentation is not
required, the final decision will be based upon the written record.
Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission decision
based on the original assessment amount. Therefore, the EMC may choose to uphold the original penalty and
offer no remission, they may agree with the DWR Director's remission recommendation detailed above, or
the penalty amount may be further remitted.
If you have any questions about this matter, please contact me at [phone] or via e-mail at
[e-mail].
Sincerely,
Derek C Denard, Environmental Specialist
Compliance & Expedited Permitting Unit
Division of Water Resources
Attachments Director's Decision, Request for Oral Presentation form
Permmttee's Request for Remission
Waver of Rights to Administrative Hearing and Stipulation of Facts
Pennmttee's Justification for Remission Request
cc: Enforcement File w/ongmals
NPDES Program Files
Central Files w/attachments
Mooresville Regional Office w/attachments

DWR SIGNATURE PAGE
SUMMARY OF REMISSION FACTORS FOR ASSESSING CIVIL PENALTIES
Case Number: PC -2018-0004
Region: Mooresville County:
Cleveland
Assessed Entity: Maliks International, Inc. Permit No.: NCO032867
Assessment Factors
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment
of the petitioner:
❑ (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
® (c) Whether the violation was inadvertent or a result of an accident:
® (d) Whether the violator had been assessed civil penalties for any previous violations:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions:
The permittee asserts that they were unaware of the condition of the facility and unsatisfactory operation &
maintenance of the facility by their leasee. The truck stop was not well managed by the leasee financially. The
permittee terminated the contract with the leasee in April 2017. The permittee has since taken over management
of the truck stop including operation & maintenance of the WWTP. Both the ORC & back-up ORC have
resigned. The permittee has had difficulty communicating with the previous operators. They were not able to re-
hire the previous operators. They have also had difficulty replacing the ORCs in a timely manner. Although
factor "e" above was not directly asserted, the permittee discussed this assessment factor in much detail. The
civil penalty will prevent payment for the remaining necessary remedial actions because of the financial situation
left by the leasee and costs of repairs for the WWTP. The permittee requests remission of $2,250 for the
penalties including enforcement costs. They stated that "some of the time spent by staff (DWR) was to evaluate
new information uncovered by Haynes and Dougherty" (former ORCs) "as they located equipment and
discovered missing operational details" and "the time spent by staff' (DWR) "to determine that at letter of intent
was not filed was a regular activity".
The MRO was informed by Mr. Haynes (ORC) and Mr. Dougherty (back-up ORC) in writing via letters dated
November 30, 2017, that they tendered their resignations as ORC and back-up ORC effective November 30,
2017 for the WWTP.
The latest seven (7) months of DMRs have been late/missing. The July2017 DMR was received 01/25/2018. The
Aug2017, Sep2017 and Oct2017 DMRs were received on 03/01/2018. The Nov2017 DMR was received on
03/31/2018. The Dec2017 and Jan2018 DMRs have not been received. NOVs have been issued for late/missing
DMRs for Ju12017 to Dec2017. Enforcement actions are pending for these late/missing DMRs.
DECISION (Check One)
Request Denied V
Full Remission ❑ Retain Enforcement Cost? Yes ❑ No ❑
Partial Remission ❑ $ (Enter Amount)
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STATE OF NORTH CAROLINA
COUNTY OF CLEVELAND
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
MALIKS INTERNATION, INC.
ENVIRONMENTAL MANAGEMENT
COMMISSION
DWR Case Number PC -2018-0004
REQUEST FOR ORAL PRESENTATION
I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty
Remissions in the matter of the case noted above In making this request, I assert that I understand all of the following statements.
• This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or
denied.
• Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh,
North Carolina.
• My presentation will be limited to discussion of issues and information submitted in myoriginal remission request, and because
no factual issues are in dispute, my presentation will be limited to five (5) minutes in length
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at
quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar Proceedings before the Committee on
Remissions are quasi-judicial You should consider how you intend to present your case to the Committee in light of the State Bar's
opnnon and whether anyone will be speaking in a representative capacity for you or a business or governmental entity If you or your
representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of
this letter
Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may
proceed with your oral presentation See www ncbar com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal
Ethics Opinion 3
• If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee,
then you do not need legal representation before the Committee; however, if you intend on having another individual speak
on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the
meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law
• If you are a corporation, partnership or mumcipahty and are granted an opportunity to make an oral presentation before the
Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law
without a license if he or she is not a licensed attorney Presentation of facts by non -lawyers is permissible.
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form
and this Oral Presentation Request form are 1) for individuals and business owners, your own signature and 2) for corporations,
partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of
law
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee
is informed that a potential violation of the statute concerning the authorized practice of law has occurred
This the day of 120
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE

RECEIVED/NCDENR/DWR
MAP � 9 111) 18
WOROS
MOORESVILLE REGIONAL OFFICE
March 16, 2018
Mr. W. Corey Basinger, Regional Supervisor
Mooresville Regional Office
NC DEQ Division of Water Resources
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Subject: Request for remission of civil penalty, Kings Mountain Travel Plaza, NPDES permit
NC0032867 Cleveland County
Dear Mr. Basinger:
This letter is to transmit oui request for remission of the civil penalty. We request further discussion
on othet issues that may mise and a consolidation of any deficiencies with this action in order to
resolve our status. Please find attached the following:
(1) Justification for Remission Request
(2) Waiver of Rights to an Administrative Hearing and Stipulation of Facts
I look forward to contact with you and the resolution of this matter.
Sincerely,
� Vel
Laeeq Khan, President
Ala.liks Intemational, Inc.
wrh
Cc. W Ronald Haynes, PE

JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: PC -2018-0004 County: Cleveland
Assessed Party: Malik's International Inc.
Permit No. (if applicable): NC Amount Assessed: $3,209 77
32867
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
applies. 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 violatoi promptly abated continuing environmental damage resulting from the
violation (Le, axplain the steps that you took to correct the violation and prevent ,future
occurrences);
X (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);
X (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 necessaCL
remedial actions (i.e., explain how payment of the civil penalty will prevent you frau performing
the activities necessary to achieve compliance).
EXPLANATION:
Malik's International was unaware of the condition of the wastewater treatment plant (WWTP) and the
disorganization that resulted fiom the unsatisfactory practices of the leasee operating the truck stop until September
Revised 812614

2017 when we made an extensive evaluation and terminated the contract with the leasee. We found that the leasee
was not managing the accounts payable well, the WWTP condition had deteriorated beyond our expectations and
that the previous operator had resigned. This was the first of two instances of the ORC resigning in the last months
of 2017 We were also confronted by the increased costs of operations for the WWTP due to the need for
unexpected repast work, extra investigation, and additional tune spent by the new operators while the cash now from
the truck stop was decreased due to the lack of attention of the leasee
We were forced to take time to restore the site's normal activities and completely reorganize the stare employees in
order to continue in business while at the same time making the recommended repairs and changes to the WWTP.
Some progress was made nr these areas although there were impacts on the company's liquidity and ability to
maintain inventory and meet sales demands. We were aware that the ORC at die time, Mr. Ron Haynes, was
considering taking a different role due to travel distance to our location but we did not thick that the backup ORC
would also resign. The resignation of the backup ORC was not planned and unintended by Malik's and was in fact
an external act
When confronted with the situatlon, we searched diligently to. a replacement opePator liut-w— e wereunable�o-fund
one other than an organization front time Asheville area who we started to ]vire but were not sure that they could
handle the plant in transition. The negative aspects were travel distance and lack of experience with our situation.
We were also aware that DEQ had the opinion that Dan Dougherty and Ron Haynes could best continue with the
changes and attention to operations that were needed as we had not finished some of the work that n as started with
them. When we began to focus on making a decision about an ORC, we felt that It was best to attempt to negotiate
W'tlm Doughertyand Haynes to contutue We felt dismay that it took so long to get Dougherty and Haynes back in
an active role but were hampered by something of a lack of communication.
The unfortunate circumstances of insufficient cash flow and detrimental effects of the prior leasee who corrupted
our standing with the certilied wastewater operators made it too difficult to complete the needed negotiations to
obtain a satisfactory operator within the time franic allowed rhe delay in bringing in qualified persons to continue
the operations was unavoidable because the time allowed wnot sufficient to fimeet expectations given the
complexity of out palticulai situation. as
Our extra expenses associated with the necessary changes and tepatrs ate appy oximately four times the fixed costs
we had with the previous opet ator under the leasee's ox erall management. Out budget for the WWTP was exceeded
for 2017 and there was no real decrease rn our total planned costs as a result of the several weeks while Ave did not
have a certified ORC. The fixed costs in treatment of our wastewater are so high drat they detrimentally affect our
competitive position. We ate exploring other options with the City of Kings Mountain for wastewater treatment and
may soon have new alternatives
We ask for remission of $2,250 of the penalty for the inadvertent loss of the ORC for December 2017
ask for a remission of the expenses of DEQ staff for investigation We further
Of the incident We Point out that some of the
extra time spent by the staff was to evaluate new information uncovered by Baynes and Dougherty as they located
equipment and discovered missing operational details. The time to deter
spent staff mine that a letter of intent
was not filed was a regular actin rty by sta
We believe that tine detailed attention over the past six months to the WWTP will result in better operations until
other beneficial changes may occur.
Rei rse'1$/101 J

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CLEVELAND
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Malik's International, Inc. )
Kings Mountain Travel Plaza WWTP )
PERMIT NO. NCO032867 ) CASE NO. PC -2018-0004
Having been assessed civil penalties totaling $3,209.77 for violation(s) as set forth in the assessment
document of the Division of Water Resources dated February 16, 2018, 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 1 b day of 1--k A,V—, 20 V9
-L (0� 1 -
SIGNATURE
ADDRESS
00 LJ I ��j� �C �lro�L ��
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TELEPHONE
-1U4-1M