NC0032867_Enforcement (Letter)_20190226

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ROYCOOPER �
Govctmr
MICHAEL S.REGAN ,ram,•
.Serivnrr nxe..cunm'
LINDA CULPEPPER NORTH CAROLINA
Ofreaor Environmental Quality
Certified Mail#7016 1370 0000 2591 1438
Return Receipt Requested
February 26, 2019
Laeeq Khan, President
Maliks International Inc.
3425 Carmoustie Dr
Chambersburg,PA 17202
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations ofNPDES Permit No.NC0032867 [Part II, Section C. (1)(c)(3)]
and 15A NCAC 08G .0201(3)(c)
Maliks International Inc
Kings Mountain Travel Plaza
Case No.PC-2019-0011
Cleveland County
Dear Mr.Khan:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$4,670.94 ($4,500.00 civil
penalty +$170.94 enforcement costs)against Maliks International Inc.
This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of
Environmental Quality and the Director of the Division of Water Resources. Any continuing violation(s)may be the
subject of a new enforcement action, including an additional penalty.
Within thirty(30) days of receipt of this notice,you must do one of the following:
(1) Submit payment of the 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:
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Payment should be made directly to the order of the Department of Environmental Quality(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:
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Wastewater Branch
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 14313-282.l(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 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:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
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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
§15013-23.2)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 filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh,NC 27699 6714
Tel: [phone]
Fax: [phone]
One(1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
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.
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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 Ori Tuvia with the Division of Water Resources staff of the
Mooresville Regional Office at(704) 663-1699 or via email at [e-mail].
Sincerely,
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W. Corey Basinger,Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources,NCDEQ
ATTACHMENTS
Cc: WQS Mooresville Regional Office-Enforcement File
NPDES Compliance/Enforcement Unit-Enforcement File
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JUSTIFICATION FOR REMISSION REQUEST
Case Number: PC-2019-0011 County: Cleveland
Assessed Party: Maliks International Inc
Permit No.: NC0032867 Amount Assessed: $4,670.94
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. § 14313-282.1(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. 14313-282.1(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:
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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
Maliks International Inc )
Kings Mountain Travel Plaza )
PERMIT NO.NCO032867 ) CASE NO. PC-2019-0011
Having been assessed civil penalties totaling$4,670.94 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated February 26, 2019,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

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CLEVELAND
IN THE MATTER OF ASSESSMENT ) CASE NO. PC-2019-0011
Malik's Internationa►,Inc. ) FINDINGS AND DECISION
Kings Mountain Travel Plaza WWTP ) AND ASSESSMENT OF
CIVIL PERMALTIES
FOR VIOLATIONS OF: )
PERMIT NO.NCO032867 )
Acting pursuant to delegation provided by the Secretary of the Department of Environmental Quality andtheDirectorofthe
Division of WaterResources,I, W. Corey Basinger,SupervisorfortheDivision ofWaterResources(DWR),WaterQuality
Regional Operations Section's Mooresville Regional Office, make the following:
L FINDINGS OF FACT:
A. Malik International,Inc.is a corporation organized and existing underthelawsoftheStateofNorthCarolina.
B. Malik International,Inc was issued NPDES Permit Number NCO032867 for the Kings Mountain Travel Plaza
Waste Water Treat Plant, on September 1, 2018, effective upon issuance, with an expiration date of August 31,
2023.
C. Malik International, Inc.'s NPDES Permit Number NCO032867 authorizes the discharge of up to 14,500 GPD
from an extended-aeration wastewater treatment system via outfall 001 into Dixon Branch and outfall 002 into
Kings Creek and contains the following relevant conditions,Part 11, Section C. (1):
Part II Section C Operation and Maintenance of Pollution Controls
1. Certified.Operator—Owners of classified water pollution control systems must designate operators, certified
by the Water Pollution Control System Operations Certification Commission(WPCSOCC), of the
appropriate type and grade for the system,and,for each classification must [T15A NCAC 08G .0201]:
a. Designate one Operator In Responsible Charge(ORC)who possess a valid certificate of the type and
grade at least equivalent to the type and grade of the system;
b. Designate one or more Back-up Operator(s) in Responsible Charge(Back-up ORCs)who posses a valid
certificate of the type of the system and no more than one grade less than the grade of the system,with the
exception of no backup ORC is required for systems whose minimum visitation requirements are twice
per year.
c. Submit a signed completed"Water Pollution Control System Operator Designation Form"to the
Commission(or to the local health department for owners of subsurface systems)countersigned by the
designated certified operators, designating the Operator in Responsible Charge(ORC)and the Back-up
Operator in Responsible Charge(Back-up ORC):
(1) 60 calendar days prior to wastewater or residuals being introduced into anew system;or
(2) Within 120 calendar days Following:
- Receiving notification of a change in the classification of the system requiring the designation of
a new Operator in Responsible Charge(ORC)and Back-up Operator in Responsible Charge

(Back-up ORC)of the proper type and grade;or
- A vacancy in the position of Operator in Responsible Charge(ORC)or Back-up Operator in
Responsible Charge(Back-up ORC) .
(3) Within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or
designating at least one of the responsibilities.
(4) The ORC of each Class 11, 111 and IV facility(or the Back-up, when acting as surrogate for the
ORC)must:
- Visit the facility as often as is necessary to insure proper operation of the treatment system;the
treatment facility must be visited at least five days a week,excluding holidays.
- Properly manage and document daily operation and maintenance of the facility.
- Comply with all other conditions of 15A NCAC 08G .0204.
D. The Mooresville Regional Office of the North Carolina Division of Water Resources (DWR) was informed by Mr. Dan
Dougherty (Operator in Responsible Charge, ORC) and Mr. Ron Haynes,PE (Backup Operator in Responsible Charge,
BORC) in writing via letters dated January 23,2019,that they had tendered their resignations as ORC and BORC effective
January 22,2019,for the subject Waste Water Treatment Plant(WWTP).
E. A DWR file and database review on February 4, 2019, confirmed the Water Pollution Control System Operators
Certification Commission had not received the required Water Pollution Control System Operator Designation Form
pursuant to NPDES Permit NC0032867,Part 11, Section C(1)(c)(3)and North Carolina Administrative Code 15A NCAC
08G.0201 (3)(c).
F. On February 4, 2019,the Division issued a Notice of Violation/Notice of Intent to Enforce (NOV/NOI)NOV-2019-PC-
0058 to Malik International, Inc. for failure to designate, in writing, an ORC or Back-up ORC within seven calendar days
of vacancies in both the ORC and Back-up ORC positions replacing or designating at least one of the responsibilities.
This Notice was sent by Certified Mail,Return Receipt Requested and was received on February 8, 2019.
G. On February 16, 2018 (case # PC-2018-0004), similar violations were documented and assessed against Malik
International,Inc. (Kings Mountain Travel Plaza—NPDES Permit Number NC0032867).
H. On February 26, 2019, written confirmation was received by the Mooresville Regional Office that you have retained the
services of, and designated on the proper forms, an ORC and/or BORC as required by NPDES Permit NC0032867,Part
1I, Section C, 1. (c)(3)and North Carolina Administrative Code 15A NCAC 08G .0201 (3)(c). The W WTP was without
a designated ORC or BORC for a total of 20 calendar days.
1. Dixon Branch and Kings Creek are both Class C waterbodies in the Broad River basin.
J. The cost to the State of the enforcement procedures in this matter totaled$170.94.
II. CONCLUSIONS OF LAW: I
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A. Malik International,Inc. is a"person" within the meaning of N.C.G.S. 143-215.6A pursuant to N.C.G.S. 143-
212(4).
B. A permit to discharge treated wastewater is required by N.C.G.S. 143-215.1.
C. Malik International, Inc was issued NPDES Permit Number NCO032867 for the Kings Mountain Travel Plaza
Waste Water Treat Plant,on September 1, 2018, effective upon issuance,with an expiration date of August 31,
2023
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D. Malik International, Inc.violated Part 11, Section C(1)(c)(3) of NPDES Permit Number NCO032867 and 15A

NCAC 08G.0201(3)(c)by the failure to designate, in writing,an ORC or Back-up ORC within seven calendar
days of vacancies in both the ORC and Back-up ORC positions replacing or designating at least one of the
responsibilities.
E. Malik International,Inc.may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2),
which provides that a civil penalty of not more than twenty five thousand dollars($25,000)may be assessed
against a person who is required but fails to apply for or to secure a permit required by G.S. 143-215.1, or who
violates or fails to act in accordance with the terms, conditions, or requirements of such permit or any other
permit or certification issued pursuant to authority conferred by this Part.
F. N.C.G.S. 143-215.6A(b)provides that if any failure to act as required by the rules is continuous, a civil penalty
of not more than $25,000.00 per violation may be assessed for each day the violation continues.
G. The State's enforcement cost in this matter may be assessed against Malik International,Inc. pursuant to G.S.
143-215.3 (a)(9)and G.S. 14313-282.1 (b)(8).
H. W. Corey Basinger of the Division of Water Resources,pursuant to delegation provided by the Secretary of the
Department of Environmental Quality and the Director of the Division of Water Resources,has the authority to
assess civil penalties in this matter.
III. DECISION:
Accordingly, Malik International,Tire. is hereby assessed a civil penalty of:
$4,500.00 For violation of Part II, Section C.(1)(c)(3)ofNPDES Permit Number NCO032867 and
15A NCAC 08G .0201 (3)(c)by the failure to designate, in writing,an ORC or Back-
up ORC within seven calendar days of vacancies in both the ORE and Back-up ORC
positions replacing or designating at least one of the responsibilities.
$4,500.00 TOTAL Civil PENALTY which is eighteen(18) percent of the maximum penalty
authorized by N.C.G.S. 143-215.6A.
170.94 Enforcement Costs
$4,670.94 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. 14313-282.l(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; g
(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.
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IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring after the
assessment period indicated above. Each day of a continuing violation may be considered a separate violation subject to a
maximum$25,000.00 per day penalty. Civil penalties and investigative cost may be assessed for any other rules and
statutes for which penalties have not yet been assessed.
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V. TRANSMITTAL:
These findings of Fact, Conclusions of law and decision shall be transmitted to Malik International Inc, in
accordance with N.C.G.S. 143-215.6(A)(d).
Date W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources,NCDEQ
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