NC0045471_Enforcement_20110427

Bo,,erly Eaves Perdue
Goverrior.
XkTx;wl
hA.. FILE
NCDENR
North C;,-,irolina Departnient ol'Eiivirormeril and N,,atural Resources
DiNlision of Water Quality
Coleen 1-1. sullins Dee Freemaji
Director Secretan,
.Ap ri 127, '41 011
CERTIFIED MAIL 7009 2250 0004 3266 2705
RETURN RECEIPT REQUESTED
1\1r, Don S. Kelly
Barium Springs I Ionic for Children
Post Office Box I
Bar] um Springs,. North Carolina 28010
SUBJEC]'. Notice of Violation and Assessment of Civil
Penalty for Violations of N,C. General Statute
I 43)-Z '� "I -A (a)(6) and NPDES Permit No. NC O045471
Barium Springs Horne for Children WW IT
Iredell Count)"
Case No. LV-2011-0104
Dear Mr. Kelly_
This letter transmits as Noticeof Violation and assessment of civil penalty in the amount of $336,74
(5250,00 civil penalty -t- $86.74 enforcement costs) against Barium SpringsFlorne for Children.
This assessment is based upon the following facts: A review has been conducted of the self-monhoring
data reported for January 2011 . This review has shown the subject facility to be in violation of the discharge
limitations found in NPDES Permit No. 1 "C0045471, The violations are sininnarized in Attachrrient A to this
letter.
Based upon the above facts, I conclude as a matter of law that Barium Springs 14ome for Children,
violated the terms, conditions, or requirements of NPDES permit No. NC'0045471 and North Carolina General
Statute (G.S.) 143-2151 (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. 143-215.6A(a)(2,).
Based upon the above findings of fitcl and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the Director ofthe
Division of Water Quality, 1, Robert B, Krebs, Surface Water Protection Regional Supervisor for the
Mooresville Region. hereby make the fiollovvitig civil penalty assessment against BaTiurn Springs Horne for
Children:
mlwesvik Regioala001cc
Lcacation: 010 FastCenlr Ave,, Suite 30i Mocre'siville, NC 2811 i 01
Phone, [phone] Fi,i [phone]\ CustomcScrvi cc: ( -lo'',"'-623-6,748 Nk)rthCarohna
U Fqwfl Actiou �,tmjflo% r, — 51,N ReCY IONY10% 11 jppoi �uw�i AA C ., Consurner paim

0
S 150A
$_ 250.00
For — I '_ of the one (1) violation of G.S, 141-2151(a)(6) and.
NPDES Permit No. NC.0045471, bv discharging waste into the
, I
waters of the State in violation of the permit monthly average
effluent limit for BOD,
For — 1, — of the one (1) violation of G.S. 143-215.1(a)(6) and
NPDES permit No. NCO045471, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent Innit for ammonia nitroeen.
TOTAL CIVIL PENALTY
8634 Enforcement costs.
336,74 TOTAL ANNIOUNT DUIE
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 Earth at G-S, 143113-?82.1(b), which are:
(1) The degree and extent of harm to the natural reSOLINCS Of the "St IC, to the public health, or to
private property resulting from the violations;
(2) The duration and gravity of the violations;
()) The effect on ground or surface water quantity or quality or on air quatitv,-
(4) The cost of rectifying the darnage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were committed willfully or interitionally�
(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.
Within thirty- daNs of receipt of this notice, you must do one of the folloNving:
1. Submit payment of the penalty:
Payment should be made directly to the order ofthe Department of Environment and Natural
Resources (tlo not includ ivaiverft)rtn). Payment of the penalty will, not foreclose further
enforcement action for arty' continuim., or new violation(
Please submit payment to the attention of:

Point Source Coo npliance,`Enforeernent Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that as request.for rennssion is limited to consideration of tire fivefactors listed
beloN,N, as they may relate to the reasonableness of the an iount 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
document. Because a rernission 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 as
stipulation that nofactual or legal issues are in dispute. Please prepare ,I detailed statement that
establishes why you believe the civil penalty should be remitted, and submit it to the Division of
Water Quality at the address listed below, In deternuning whether a remission request will be
approved, the follovving factors shall be considered-
1) whether one or more of the civil penalty assessment factors in GS; 14313-282-1 (b) were
x,vrongfully applied to the detriment of the petit ioncr;
whether the violator promptly abated continuing environmental darnage resulting from
the violation:
(3) whether the violation was inadverteras or as result of an accidcrrti
t4) whether the violator had been assessed civil penalties t'()I- any previous violations; or
(5) whether payment of the civil penafty,,vilf prevent paymentl'or the remaining necessary
reinedial actions.
Please note that all Information presented in support of your request for rernission must be
submitted in writing, The Director of the Division of Water Quality Nvill rcvieNv your evidence
and inforns you of his decision in the matter of your remission request. The response will
provide details regarding case status, directions for payinent, and provision for further appeal of
the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Corrimittee). Please be advised that the Committee cannot consider information that
was n.ot: part of the original remission request considered by the Director. "Therefore, it isvery
important that you prepare an complete and thorough statement III Support of your request for
remission.
In order too request remission, you must coniplete and SUbrait (he enclosed "\t`aiver of Right to an
Administrative Hearing and Stipulation of Facts" forni within thirty (30" days of reeeipt ofthis
notice, The Division of Water Quality also requests that. ),on complete and submit the enclosed
"Justification fior Remission Request." Both fornis should be subinitted to the following address:

Point Source Corripliance,Enforcernent Unit
Division of Water Quality
1617 Mail emice Center
Raleigh, North Carolina 27699-1617
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 raust file is petition for an
adii,iinistraii,ivelieaii-iiig. You may obtlurl the petition forni from the Office of Adrninistrati� Hearings,
You must file the petition with tire Office of Administrative Hearings ivithin thirty (30) days of receipt
of this notice. A petition is considered filed when it is received in the Office of Administrative 1-1 ",ings,
duritiv, normal office hours. The Office ref` Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00 a.m, and 5:00 p.rn,, except for official state holidays. The petition may
be filed by facsimile (fax) or electronic mail by an attached file (,,,,,-ith restrictions) - Provided the signed.
original, one (1) copy and a. filing fee (if'a filing fee is required by NC"GS §1 5OB-23.2) is received in the
Office ot'Administrative Hearings within seven (7) business days following the faxed or electronic
transmission. You should contact the Office of Administrative Hearings xvith all questions regarding the
filing fee arid,!or the details ofthe filing process, The mailing address and telephone and fax numbers
for the Office of Administrative Ile rings are as follows:
Office of'Administrative Hearings
6714 Nfail Service Center
Raleigh, NC .217699-6714
Tel. [phone]
Fax: (919) 4 3'] -3 100
One (1) copy of the petition must also be, served on DENR as follows:
Mary Penny Thompson', General Counsel
DE-NR
1601 Nlail Service Center
Raleigh, NC 27699-1fact 1
Failure to exercise one of the options above within thirty ( tit days of receipt of this letter, as evidenced
by an internal date/tinte received starrip (not a postinark), -,vill result in this matter being referred to the Attorney
6eneral'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 re�,iew
period of this assessment. If the violations are of a continuing atUre, not related to ji,
�g��rationand/or
rnaintrararaee �Le,qis. and you an Licipate remecligi co!t truefujq jLi n you may %,,,i,,,h to consider
(Date) Robert B. Krebs
Regional Supervisor
Surface Water Protection
"Nlooresville Regional Of
Division of Water Quality
ATTACHNIENI'S
CC' Mooresville Regional Office, Compli,,ince File w," attachments
Raleigh Compliance"Enforcenient File w/ attachments
Central Files NvIlattachnients
'i I

ATTACHMENT A
CASE No.LV-2011-01,04
tall Date Parameter R-eported Value Permit Limit,

STA,rE OF NORTH CAROLINA
COUTINTY OF IREDELL
IN THE MATTER OF ASSFSSMENT
OF CIVIL PENALTY AGAfN,'S'I'
BARMi1vt SPRINGS HOME
FOR CHILDRENN
PERMIT NITO. NCO045471
DEPARTIMENT OF ENVIRONNNIENT
AND INA-ft-,,RAL RESOURCES
WAIVER OF RlGf IT TO AN
AMNIINISTRATIVE HEARING AND
S PF7
T1, ) LATIO]N OF FACTS
FILL NO. LV-2011-0104
Having been assessed civil penalties totaling $ 336.74 for violation(s) as set fbith in the assessment
document of the Division of Water QUality dated Lk)r 127 2011. the undersigned, desiringto seek rernissionof
the civil penalties, does hereby waive the right toan administrative hearing in the above -stated niatterand 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 (if the
Division of Water Quality within ' )0 days of receipt of the notice of assessment. No new evidence in, SLI11port of
a remission reqUeSt will be allowed after 30 days from the receipt of the notice of assessment.
I'his the day of � 2011
BY
TELEPHONE

JUST11111CA] I ION FOR RE-NIISSIll*
DWQ Case Number: I.V-2011-010t
Assessed Party: Barium Springs Home for Children
County: tredell
Permit Number: NC004-5471
Amount Assessed. S336.74
Please use this for-ni when requesting rentissicat of this civil penalty, You must also complete the "&etiLiest or
'ot fornt to request remission
Reinission, Waiver. -on t4ati
htj
of tills civil penalty. You should attach any documents that you believe support N'OUrTequcSL and are necessar.y
for the Director to consider in evalitating your i-equest for remission, please be ltw�are that a reqUesA for
remission i's litnited to consideration of the five flictors listed beloN, as they may relate to the reasonableness of
the arnount 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� § 143313-222,1(c), remission of a civil penalty may be granted only
VVIien one or tnore of the following five factors applies. Please check each factor that you believe applies it)
N-OUr case and provide a detailed explanation, including copies of supporting doCUrnents. as to vih,,v the factor
applies (attach additional pages as needed).
(a) one or more ol'the c.i\,-il etaalty assessinent factors in -IN-C-G-S14313-282,14
qj?pjied to die detriment of the (the assesstrient,fixtors are h-sted in the civil penalty asses,,S-ment
document),
(b) LLie iolatc)r -, onin tv ab4—c I cOntirl ing, enjjrc Lninental dlji-TiaoLLp cs ��froni 11je.AJOI, (i
e,xplain the slej,,?s that ,you tt�.)ok to correct the violation andprevenifidure occurrerices),,
(c) the violation was inadvertent or a result of air accident (i.e., explain ilitt, the violtition was,
unavoiclable or somethingyou could not prevent orpreparefi));
(d) Lhe k iolator had not been assessedhis.il nalt'es for alas. _previous viohaions;
rned'al actions
-LIje-.remainjni:, neCq-ISss-i—IrVre
(i,e_ e�xj,,)Iain how pttlwtent (,�?fthc civil pcnal�y will prevent you, - farming the netivities necessat�ty to
achieve compliancel),
E-XPLANATION- (jj,rc atlditionalpckczes as necessar)�)

NORTH CAROLINA DIVISION OF WATER QLLALITY
Violator: Barium St)riii�,s�llotiie�tior.Children
Facility: farina grin s Notate for Children `4`"1,p
County: Iredell
Case Number: LV-2011-0104
Permit Number: NCO045471
ASSESSMENT FACTORS
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 harin has been documented, The facility is in violation of the as average, effluent limits for
BOD and ammonia nitrogen, Both BOD and an-imonia nitrogen exert an oxygen demand in the
receiving waters. Arnmonia nitrogen discharged in excess of permitfirnits would also be predicted to
impact aquatic life.
2) The duration and gravity of the violation;
The violations occurred during the month of.l,,muary 2011. BOO was reported at 11.0 rag/l, 10% over
the perinitted monthly average linut of 10.0 mg/l (no civil pentalty assessed for this violation). The
ammonia nitrogen monthly average effluent limit was exceeded by 27% (limit of 4.0 mg/l, reported
value 5.1 mg/1),
IM
IM
91
The effect on ground or surface water quantity or quality or on air quality;
No impacts on groundwater or air quality are expected, Downstream impacts such as stress to aquatic
life due to amnionia toxicity and lower available dissolved oxygen levels may be predicted. Nutrient
enrichment of the receiving stream would also be to concern.
The cost of rectifying the damage;
The cost is unknown.
The amount of money saved by noncompliance;
No money appears to have been saved by the noncompliance,
6) Whether the violation was committed willfully or intentionally;
The violation does not appear to be willful, or intentional,.

The prior regard of the violator in complying or failing to complywith ros over which the
Environmental Management Commission has regulatory authority; and
a "umbercscri tic�rt
_.... trim v i:laticaa Cctafacr ? asscscl f .fl» case c cra N-elf I � -�lffl c�a�a�
The cast to the State of the enforcement procedures.
Staff preparation of enforcement package. 1 hour at . t /h u
P Regional Supervisor review-, l hour at . 5/hour:
Clerical pport: l hour at l .0 /ho ur
Total$86.74
Date 12 1E Supervisor
Division of Water Quality,

Rep o t-Dotty 04126111 Page,`- 3 of
rM. Barium
Home WWTP
Limit Vitllatron
,.
MONITORING OUT'FALL I
VIOLATION
UNIT OF
CALCULATE
REPORT PH
LOCATION
PARAMETER DATE FREQUENCY
MEASURE
LIMIT
VALUE
'tc COVER LIMIT'
VIOLATION TYPE
VIOLATION ACTION
Q1 �2tT1( Utl
Effluent
f3OD, Da y (23 Deg � - f11A3111't 2 month
mgtl
1CI
1fI.9 a
Monthly Average exceeded
Net�le
oncentration
01 _2011 001
Effluent
Nitrogen, Ammonia T"otal (as 01131111 2 X month
mg1l
4
.1
27.38
Monthly Average Exceeded
None
N) - Concentration
a,
fr L.,.. r`�,3 fp t�
P}r='� �.,ll t�,€rw F' z�.{�," r� i`3"rt
�" ro + �,/
PERMIT: NCO046728
FACILITY:
Town of Mooresville - Rocky River SRV TPCOUNTY:
Iredell
REGION- Mooresville
Limit VICl tion
MONITORING OUTFALL!'
VIOLATION
UNIT OF
CALCULATED
REPORT PPI
LOCATION
PARAMETER DATE FREQUENCY
MEASURE
LIMIT
VALUE
% OVER LIMIT
VIOLATION TYPE;
VIOLATION ACTION
01 -2011 001
Effluent
Mercury, Total (a$Hg) ,.. 01101111 Weekly
ng/I
13
16
2108
Weekly Average Exceeded
None:
Conw.ntration
PERMIT: N O00 771
FACILITY, Tran t antal ne Operating Company LP - Charlotte/Paw
COUNTY. Mecklenburg
REGION: N: ooresville
Crack Terminal #1
Limit Vealabon
MONITORING OVTFALL 1
VIOLATION
UNIT OF
CALCULATED
REPORT PPI
LOCATION,
PARAMETER DATE FREQUENCY
MEASURE
LIMIT"
VALUE
% OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
01 -2011 001
Effluent
Brands, Total au eerided - 11111gf11 Monthly
mglt
45
49
8.89
Daily Maximum Exceeded
None
Concentration