NC0045471_LV-2020-0284 Remission Request_20201125

October 27 2020
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources,NCDEQ
Subject:Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6)
and NPDES WW Permit Number NC0045471
Barium Springs Home for Children
Barium Springs Home for Children WWTP
Case No. LV-2020-0284
Iredell County
Mr. Basinger,
Thank you for allowing Barium Springs Home for Children the opportunity to respond to the
Notice of Violation dated October 8, 2020;received October 19,2020. Our response below is in
regard to the following infractions that occurred during the April 2020 period.
The Barium Springs Home for Children experienced some changes in occupancy during this
period due to the COVID-19 pandemic.Due to the new social restrictions in place,there was low
traffic through the facility. Overall usage was sparce and inconsistent. Recorded daily flow
values remained well under 5,000 gallons; with the daily minimum reaching only 540 gallons,

and the max being 4,800. Both bi-monthly BOD results exceeded the daily average on 1,000/gal
flow days. This is problematic in the case of the flow dumping sporadically and disturbing the
filter beds,per our ongoing awareness. Barium Springs had begun replacing the sand in Filter#2.
It is currently plugged and the pipe is removed. Filter#2 will be online in 2-4 weeks.
We believe that the following errors have been taken seriously by our staff and ameliorated in a
thorough and timely matter. The incidents under review have been noted so that we can best
maintain optimal procedure and avoid future noncompliance. It is always the goal of the Barium
Springs Home for Children to remain in compliance with regulations set forth by the Division of
Water Resources. It is our request that our cooperation and action in these matters be taken into
account by the Division when proceeding with enforcement.
Sincerely,
6C'e•S
Greg Heaton
Barium Springs Home for Children
CC:
Robert White,Envirolink
Joshua Powers, Envirolink
41P-
)10
children's hope
ALLIANCE

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2020-0284 County: Iredell
Assessed Party: Barium Springs Home for Children
Permit No.: NC0045471 Amount Assessed: $1,010.28
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 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. 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 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);
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);
(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:
The Barium Springs Home for Children experienced some changes in occupancy during this period due to the
COVID-19 pandemic. Due to the new social restrictions in place,there was low traffic through the facility. Overall
usage was sparse and inconsistent. Recorded daily flow values remained well under 5,000 gallons;with the daily
minimum reaching only 540 gallons, and the max being 4,800. Both bi-monthly BOD results exceeded the daily
average on 1,000/gal flow days. This is problematic in the case of the flow dumping sporadically and disturbing
the filter beds,per our ongoing awareness. Barium Springs had begun replacing the sand in Filter#2. It is
currently plugged and the pipe is removed. Filter#2 will be online in 2-4 weeks.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF IREDELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Barium Springs Home for Children )
Barium Springs Home for Children WWTP )
)
PERMIT NO.NC0045471 ) CASE NO. LV-2020-0284
Having been assessed civil penalties totaling$1,010.28 for violation(s)as set forth in the assessment document of the
Division of Water Resources dated October 8,2020,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 N° ,20 ,2L
SIGNATURE
ADDRESS
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TELEPHONE

ATTACHMENT A
Barium Springs Home for Children
• CASE NUMBER: LV-2020-02B4
PERMIT: NC0045471 REGION: Mooresville
FACILITY: Barium Springs Home for Children WWTP COUNTY: Iredell
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 -Effluent
Violation Report Unit of Limit Calculated %Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
4/8/2020 4-2020 BOD, 5-Day(20 Deg. 2 X month mg/1 7.50 8.9 18.7 Daily $200.00
C)-Concentration Maximum
Exceeded
4/29/2020 4-2020 BOD,5-Day(20 Deg. 2 X month mg/1 7.50 9.24 23.2 Daily $200.00
C)-Concentration Maximum
Exceeded
4/30/2020 4-2020 ROD, 5-Day(20 Deg. 2 X month mg/1 5 9.07 81.4 Monthly $500.00
C)-Concentration Average
Exceeded