NC0045471_LV-2020-0284 Remission (Acknowledgement)_20201231

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Gregory A Heaton
Barium Springs Home for Children
PO Box 1
Barium Springs, NC 28010
Dear Mr. Heaton:
NORTH CAROLINA
Environmental Quality
December 31, 2020
Subject: Civil Penalty Remission Request
Barium Springs Home for Children WWTP
NPDES Permit NCO045471
Case Number LV-2020-0284
Iredell County
This letter is to acknowledge your request for remission of the civil penalty levied against the
subject facility. Unfortunately, the Division received the request after the allotted thirty (30) days
from your receipt of the assessment. Therefore, the request for remission cannot be accepted.
Please find attached the originally submitted request for remission.
If you have any questions about this matter, please contact me at [phone] or via e-mail at
[e-mail].
Sincerely,
Derek Denard, Environmental Specialist
Compliance & Expedited Permitting Unit
Division of Water Resources, DEQ
cc: NPDES Files (Laserfiche)
Gregory A Heaton[gaheaton(c,childrenshopealliance.org]
MRO / Wes Bell [[e-mail]]; Corey Basinger [corey.basinger(cncdenr.gov]
D North Carolina Department of Environmental Quality 1 Division of Water Resources
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512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
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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. l(a)(6)
and NPDES WW Permit Number NCO045471
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,
Greg Heaton
Barium Springs Home for Children
CC:
Robert White, Envirolink
Joshua Powers, Envirolink
children's hope
A L L I A N C E

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2020-0284 County: Iredell
Assessed Party: Barium Springs Home for Children
Permit No.: NCO045471 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. NCO045471 ) CASE NO. 1,V-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 N01.) 20-2-0
SIGNATURE
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ATTACHMENT A
Barium Springs Home for Children
CASE NUMBER: LV-2020-02&4
PERMIT: NCO045471
FACILITY: Barium Springs Home for Children WWTP
LIMIT VIOLATIONS)
SAMPLE LOCATION: Outfall 001 - Effluent
REGION: Mooresville
COUNTY: Iredell
Violation Report Unit of Limit Calculated % Over
Date Month/Yr Parameter Frequency Measure Value Value Limit
4/8/2020 4-2020 BOD, 5-Day (20 Deg. 2 X month mg/I 7.50 8.9 18.7
C) - Concentration
4/29/2020 4-2020 BOD, 5-Day (20 Deg.
C) - Concentration
4/30/2020 4-2020 BOD, 5-Day (20 Deg
C) - Concentration
2 X month
mg/1
7.50
9.24
23.2
2 X month
mg/I
5
9.07
81.4
Violation
Penalty
Type
Amount
Daily
$200.00
Maximum
Exceeded
Daily
$200.00
Maximum
Exceeded
Monthly
$500.00
Average
Exceeded