NC0045471_Enforcement_20100922

FiLE,
North Carolina Department of EnOronment and Natural ResOUrces
Oivision of Water Quality
Beverly Eaves Perdue CSkeen H.-SuHns Dee Freeman
Governor Director Secretary
September 22, 20 10
CERTIFIED '.NIAIL 7009 2250 0004 3266 1302
RErTIR.NRECEIPT REO, UESTED
Mr. on Kelly, Director of Business Operations
Barium Springs 1-Ionic for Children
P. 0, Box I
BariurnSprings, North Carolina 28010
SIJBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of-N,C, General Statute
143-215,1(a)(6) and NPDES Permit No. NCO045471
Barium Springs Horne for Children WWTP
Iredell County
Case No, MV-2010-0017
Dear Mr, Kelly
This letter transmits a Notice of Violation and assessment of civil penalty in the ainount of
S33171 (S250.00 civil penalty. -t- $83,71 enforcement costs) against the Barium Springs Home for
Children.
This assessinent is based upon the following facts: A review has been conducted of the self -
monitoring data reported for May 20 10, This review, has show n the subject facility to be in violation
of the monitoring requirements Lind in -,N'PDES Permit No. NC0045471, The violations that
occurred are summarized in Atraclunent A to this letter,
Based upon the above facts, I conclude as a matter of law that the Barium Springs Home f'or
Children ��iolated the terms, conditions, or requirements of NPDES Permit No, NCO045471 and North
Carolina General Statute (G.&) 143-215.1 (a)(6) in the manner and extent shown in Attachment A. A
civil penalty may be assessed in accordance with the maximums established by G.S. 14' )-
215.6A(a)(2).
Based upon the above findings of fact and conclusions of law,, and in accordance with authority
provided by the Secretary of the Department of Environment and',N'atural Resources and the Director
of the Division of Water Quality, 1, Robert B. Krebs, Surface Water Protection Regional Supervisor
for the Mooresville Region, hereby rna-ke the following civil penalty assessment against the Barium
Springs Florae for Children',
Mooresvi[fe Rpqimial Office
Location,: 610 East Center Ave,, Sw,te 301 kooresvllle, NC 28115 One
Phone[phone] t Fax [phone],, Cus&omer Servce: 1-87T 623-6748
In et htpl/portal nccenrcr,,,Avt)1wq NorthCutAiltia
An '1" 4-, 1. OL,.",orwr0y', A ffirmd�qe Ac%,,,,1, - 3"Pi Pc�v cnnsume,, Cover NW11111,114,f

mrj
"Jti
"; I I
S— 50,00 For of the one (1) failure to monitor for biological
4 -PDEP S en. rit No,
deniand (BOD) in violation of the terms of,N
NCO0454'71 ,
S-50M For - -1 - of the one (1) failure to inonitor for total residual
chlorine (TRQ, in violation of the ter is of NPDES nnit No.
NC0045471. I
S 50.00 For I of the one (1) failure to monitor for fecal coliform in
violation of the tetras of NPDES Pen -nit No, NCO045471.
5 0, 0 0 For T I (if the one. (1) failure to monitor for :ammoon i a- nitro a en
in violation of the terms of NPDES Perinit No, NCO04547 1,
f,ODO For I of the one (1) failure to monitor for total suspended
solids JSS) in violation of the temis of NI -IDES Pen -tut No.
'�CO045471,
2-50.00
83. 7 1
$— 33'171
TOTAL CIVIL PENALTY
Enforcement costs.
TOTAL AMOUN'F DUE
Pursuant to G.S. 143-215.6A(c), in deteMlining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions ofl-aw and the factors set forth at G,S, I 4313-282.1(b), which are:
(1) The degree and extent of harri-i to the natural resources of the State. to the public health. or to
private property resulting from the violations',
(2) The duration and gravity of the violations,;
(3) The effect on ground or surface water quantity or qualily or on air qualitv
(4) The cost of rectifying the damage,
(5) The amount of money saved by, noncompliance,
(6) Whether the violations were committed willfully or intentionally-,
(7) The prior record of the violator in cc, ,1 I I -ith progranis over which
, , 1plying or failing to comply �,&,
the Environmental MLna�-,ement Coninu sion has regulatory authority- an, d
( )~ The cost to the State of the enforcement procedures,
Within thirty days of receipt of this notice,, you must do one of the follows
. Submit payment of the penaky:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (clo not include ii.,aiverfirtn,), Pmrnent of the penalty will not fo rec lose further
enforcement action for any continuing or nevk, violation(s),

r
Please submit mruent to the attention of.,
Point Source Compliance/Enforcement Unit
Division of Water Quality
161 "117 �kbul Service Center
Raleioh, North Carolina 27699-1617
OR
2. Submit a Nvritten, request for remission 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 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 docurnent 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, that no factual or
legal issues are in dispute. Please prepare a detailed staternerit that establishes ~vvhy You believe the
civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed
below. In determining whether a remission request wi I I be approved, the following factors shall, be
considered-
(1) whether one or more of the civil penalty assessment factors in G. S143B-282. I (b) were
wrongfully applied to tile. detriment of the petitioner;
(2) whether the violator promptly -abated continuing environmental damage resulting frorn
the violation;
(3) whether the violation was inadvertent or a result of an accident, (4) -Nus violations-, or xiiether the, violator
olator had been assessed civil penalties for aTIV previ,(
(5) Y I or the remaining necessary
,N,hether payinent of the civil penalty will prevent payment f
remedial actions.
Please note that all information, presented in support of your request for remission must be
submitted in writing, The Director of the Division of Water Quality will review your evidence and
inforni you of his decision in the matter Of Your remission request. The response will provide details
regarding 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 inforrriation that was not part of the original
remission request considered by the Director, Therefore, it is very in por-tant that you prep -are a
complete and thorough statement in support of your request for reinission.
In order to request remission, you must complete and submit the enclosed "Waiver of Right to
an Administrative Hearing and Stipulation ofFacts" forma within thirty (30) days of receipt of this
notice. The Division of Water Quality also requests that you complete and sul:nuit the enclosed
I
"Justification for Remission, Request." Beau forms should be submitted to the following address.

Point Source Compliance/Enforcerrient Unit
Division of Water Quality
1617 Mail Service Cerlte
r
-7
RaIeUzh. '��,,earth Carolina
M
1 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 adn-unistrative hearing. You may, obtain the petition forni from the Office of'
Administrative Hearings, You must file the petition with the Office of Administrative Hearings
within thirtt (30) days of receipt of this notice, A petition is considcred filed Nv-hen it is received in
the Office of Administrative Hearings during nornial officehours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of &100 a.m. and 5:00 p,ni.,
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 ('I) copy and a filing fee (if a filing
fee is required by -N`CGS § I -50B-23.2) is received in the Office of Administrative Hearings within
seven (7) business days following the [axed or electronic transmission. You should contact the
Office of Administrative Hearings Nvith all questions regarding the filing fee and"lor the details of the
filing, process. The mailing address and telephone and fay numbers for the Office of Administralive
Hearings are as follows,
Office of Administrative Flearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel- (919) 43 1 -3000
Fax [phone]
One (1) copy of the petition must also be served on UENR as follows°
ary Penny Thompson, General, Counsel
D ME NNR,
1601 Mail Service Center
Raleigh, NC 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) da,,,,s of receipt of this notice, as
I
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. If the violations are of ticontinuin mitqLq, t related
and/or u mt -djal construction activitie g,s,11 en yoq may %,�Jsh
t —yo -q- 1!�Jjpqj!�_�jri�
to cons' rAppjjjAg-fi;gA,,5p ide Ld e r h yS," L) rts e rate any An c- ions about this civil venaltv
If you hav

assessment or � dial C}r �r C��tt �ttt.�al ,asc c ratact;t�� `at�r t btaality ction staff of the
Mooresville Regional Office at '04'1 63-169 ,
(Date) Robert B. Krebs
Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality
cC: Water Quality Regional S4pervisor w/ attachments
C omplianc e,[Enforr: rt ent File w at.taclaar ent
Central files wl/ attachrrte is
rig/ma

ATTACHMENT r
CASE NO—NIV-2010-00177
tfall
Date
Parameter
Reported Value
Permit Limit
001
/22,"10
TRC
lx,vvve k
Nlonitor Ix,'w ek
Hill
23 1 10
Fecal coliforra
Ix,,"month
Monitor 2AII'momth
001
5/3 1 10
Ammonia -nitrogen
1x/month*
Monitor 2x"I' o tl1
001
4 _"�3 1,.10
TSS
l x month*
onitor ?:" in oath
Denotes
cis iI penalty assessment

DEP I T %MEN7ITT' OF ENVIRO IE-iT
AND TUI \L RESOURCES
IN THE MATTER OF ASSESSMEN'T WAIVER OF RIGHTTOAN
F CIVIL PENALTY AGAINST ADMINISTRATIVE HEAR G AND
BARIUM RIC I SPRINGS ti HOME STIPULATIONO FACTS
CHILDRENPERMIT NO, NCO045471
DILL . NI T-'2'01 -00I
Haring been assessed civil penalties totaling $333.71 for violation(s) as set forth its the
assessment document of the Division of Water nasality elate S taamb r° 22, 2010, the undersigned,
desiring to seek remission the civil penalties, does hereby'v aive the right to an administrative
hearing in the above -stated matter aarad 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 r of the: Division of Water Quality within 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 ass ssmetat,
This the dad of 2010
_m
BY
ADDRESS
TELEPHONE

JUSTIFICATION FOR RE-MISLSION, RFOLEST
DWQ Case Number-, MV-2010-0017
Assessed Partv: Barium Springs llc)tnel for Children
County- Ire ell
PermitNumber: NCO0454-71
Amount Assessed. S333,71
Please use this form when requesting reniis,,sion of` this civil perialty. You must also complete the
i!cLziest. For Remission, Ilan l'VeL�L(L( RigjLt-t(-) an A&ninistrative HeIn All
form to request remission of" dais civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to cons' der in evaluating your request for
remission, Please be aware that a request f(-.)r remission is limited to consideration of the five, factors
listed betow as thev mav relate to the reasonableness of the arnOUnt of the civil penalt,,; assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accurac-v of ariv of the factual statements contained in the civil penalty assessment document,
pursuant to N.C.GT.S, § 143B-28-LI('0, remission of a civil penalty, may be granted only when one or
more of the following five facrors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting docurnents. as to -,N-hy the
factor applies (attach additional pages as- needed).
(a) one or more of the civil Irtnalty assessment factors in N.C,G.S. 14313-282,1(b) were
Lv-rongfldl,� 41�plied to the detriment of the pLtitioner (the assessment jactors are listed bi the civil
penally assess.ment elocument);
(b) th-_,violator abat�ecton_nu'n_ nytronn- aataa _:gljagresulting firrn th
volation e
0, e- eTT)I6fiI7 the StsVs tju-tt,you took to correct the violation andprevent,11wure occurrences),,
(a) the violation was j �de (ix, exj)lain wity the violf,-Won inadve_rtent_or a result of an accl Tit
ivas unavoiclable or somethin4> vou coulecoiner`notev prent orprej)are lbr) g
(d) the violatorhad not been assessed vid)tioLs+
(e) p:a Penalty will prevent imvinerit fibj the remaining riecessary remedial
Lqrient of the cis it Pe
a the activities ctions e, e--�pluin how pc�ynwnt o the civil Imnalty will prevent you fi�onz peifi,,)r?ni7-�,g
" f
nec-essary to achieve comy�,,Iiance)
EXPLANATION: (use ad&tionalpages a,neee,�'sarj,,)

NORTH CAROLINA DIVISION OF WAILE_Q �ALIT�Y
ASSESSMENT FACTORS
Violator: Barium Sprite es Home for Children
Facilitv: Barium S r)ringgs Home for Children WWTP
County: Iredell
Case Number: MV-2010-0017
Permit Number: NCO045471
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;
No harm has been documented to the environment.
2) The duration and gravity of the violation;
Monitoring was missed for one monitoring period during the month,
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on the receiving stream is unknown as parameters were not monitored.
4) The cost of rectifying the damage;
No damage has been documented,
5) The amount of money saved by noncompliance;
The cost is equivalent to the costs to collect and analyze required samples,
6) 'Whether the violation was committed willfully or intentionally;
CPC notes it was an oversight (not intentional) that samples were not collected,
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
There have been six other CPAs for the Barium Springs Home for Children WWTP during the life of
the permit with no CPAs issued in the past twelve months.
8) The cost to the State of the enforcement procedures.
The cost to the Mooresville regional Office was $83.71,
Date, Robert B. Krebs
Surface Water Protection
Regional Supervisor
Division of Water Quality

MONITORING REPORT(MR) VIOLATIONS for: Report DaW 08/26110 Page: 5 of 16
PERMIT: NCO005126
FACILITY, Tyson Poultry Inc - Harmony plant
GOUNTY: fredell
REGION: Mooresville
Monitoring Violation
VVi
MONITORING OUTFALLI
VIOLATION
UNIT OF
CALCULATED
REPORT PEI
I, )CATION PARAMETER DATE
FREQUENCY
MEASURE
t WIT
VALLI E 'A, OVER LrMiT
VIOLATIOol TYPE
VIOLATION ACTION
05-2010 001
Effluent Phosphorus, otal (as P) - 05101110
W(.ekIy
mg/I
F requency Violation
None
Concentratmn
PERMIT: NCO046471
FACILITY: Barium Springs Home for Children - Barium Springs
COUNTY: Iredell
REGtON: Mooresville
Home WWTP
`-tV,,,
c",
Monitoring Violation
MONJORING 00TrALL I
VIOLA'NON
UNIT OF
CALCULATED
REPORT PPI
LOCATION PARAMUER WE
FREOUENCY
MEASURE
UNITT
VALUE %OVER LIM T
VICLATIONTYPE
VIOLATION AGT;QN
05-2010 001
Effluent BOD, 5-Day (20 Deg C) - 05/31110
2 X month
n1gli "i
Frequency Violation
None
Concentration
05-2010 001
Effluent Chlanno, lotal Residual 05122110
2 X weet
ugh
Frequency Violation
t
None Al ','4
05-2010 001
Ffflueni Coliform, F'eait ME, M-FC' 01513 1 /10
2 X mori(h
#/I 00"ll
oilEre
quenry Vsolafion
None
14roth,44 5(,,
05-2010 001
Effluent WIT ri, Arnmbononia Total (as 06/31110
2,1C morith
M911 V
Frequency Violation
None kt?
N) - oncentra
Yf-
05-2010 001
Effluent Solids, Total Suspended - 05131110
2X month
M911
Frequency Violation
None
Concentration
t7-
I 3vt