NC0045471_Enforcement_20110628

PPP'
Beverly Eaves Perdue
Griverl,101,
A P"A
NCDENR
North Carl,)Hna Deparlment of Environnint and Natural ResoUl-ces
Division of Water Quality
Coleen H. Sullins
Director
CERTIFIED MAIL 7009 2250 0004 3266 3726
RETURN RECEIEIAL-Q��
Mr, Don S. Kelly
Barium Springs I Ionic for Children
Post Of Box 1
Barium Springs, North Carolina 28010
SUBJECT:
Dear Mr. Kelly:
June 28, 2011
FIi,/r1�A.
0 co's
Dee Freeman
Secretary
Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215,1(a)(6) and NPDES Perron: No. IO045471
Barium Springs Home for Children WWTP
Iredell County
Case No. LV-201 1 -0 174
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $33 )634
($250,00 civil penalty - $86.74 enforcement costs) against, Barium Springs Home fior Children florne.
],'his assessment is based upon the following facts: A review has been conducted of the self-momtoring
data reported for March 2011. This review has shown the subject flacility to be in violation of the discharge
limit,itioiisfound inNPDESPeri,nitNo. NCO045471,. The violationsare summ, art 'zed inAttachmentAto this
letter.
Based upon the above facts, I conclude as a matter of law that Barium Springs Home for Children
violated the terms, conditions, or requirements of NPDES Permit No, NCO04547 1, and North Carolina General
Statute (G..) 143-215.1a)(6) in the manner and extent shovvii, in Attachn-,ient A. A civil penalty may be
assessed in accordance with the maximums established b.)T G.S. 143-215.6A(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 Natural Resources and the Director of the
Division of Water Quality, 1, Marcia Allocco, Acting Surface Water Protection Regional Supervisor for the
Mooresville Region., hereby make thefollowing civil penalty assessment against Barium Springs Houle for
Children:
N-looresville Regional Office
—NC 281ti
1Iljonc [phone],, Fax: [phone] ', CusWnler Service: 1-877-623-6748 7��I)Irlh 0,vul ilia
Internet hlp
All Equil OppadUldhl Fmpkner

250.00 For 1, of the one (1) violation of G. S. 143 -215. 1 t.a)(6) and
NPDES Permit No. NCO045471, by discharging waste into the
waters of the State in violation ofthe permit monthly average
effluent lintit for arrurionia nitrogen,
S250,00 TOTAL CIVIL PENALTV
74
$ 6.74
Enforcement. costs.
TOTAL AMOUNT DUE
pursuant to G.S. 143-215.6A(c), in deterniming the amount of the per I have taken into account the
Findings of Fact and Conclusions of Law and the fiactorsset forth at G.S. 143B-282.1(b), which are:
(1) The degree and eNtent of harm 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-,
() The effect on ground or surtace water quantity or quality or on air quality;
(4) The cost ofrectifying 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 complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
(8) The cast try the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the JbIlowing:
1. Submit payment of the penalty:
payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiverjbrn�). Payment of tire penalty will not foreclose further
enforcement action for any continuing or new violation(s),
Please submit payment to the attention of,
Point Source Compliance/Enforcement t"Ant
Division of Water Quality
1617 Mail Service Center
Raleigh. North Carolina 227699-1617
OR

2. Submit a written request for remission including a detailed justification for such request:
Please be aware thata request for remission is limited to consideration of the five t'actors listed
below as thev may relate to the reasonableness of the artiount of the penalty assessed.
Requesting remission is not the proper procedure for contesting %viz effier the violation(s) occurred
or the accu , racy 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 yourriglit to an administrative hearing and a
stipulation that no fiietual or legal issues are in dispute. Please prepare a detailed, statement that
establishes why you believe the civil penalt, y should be remitted, mid submit it to the Division of
Water Quality at the address:listed below, In deterritining whether a remission request will be
approwed ,the t'ollowing factors shall be considered,
(1) tvhether one or more of the civil penalty assessinent factors in GY,S, 143B-282,1(b) were
wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental, darnage resulting from
the violation;
(3) whether the violation was imadvettent or a result of an accident-,
(4) whether the violator had been assessed civil penalties (-.,r any previous violaticnis.- or
(5) whether payment of the civil penalty will prey rat payment for the remaining necessary
remedial actions,
Please note that all information presented in support ofyour request for remission must be,
submitted in writing, The Director of the Division of Water Quality will revievo your evidence
and inform, you of his decision in the matter of your remission, request. The response will
provide details regarding case status, directions for payment, and provision tbr further appeal of
the penalty to the F'rivironniental Management Corriiiiission"s Committee on Civil Penalty
Remissions (Corarnittec). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Theref-ore., it is very
important that you prepare a. complete and thorough statement in support of your request tbr
remission.
In order to request remission,, you must complete and submit the enclosed "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 Quality also requests that you complete and submit the enclosed
"Justification for Remission Request," Both fornis should be sub-trutted to the following address:
Point Source (,.ompliatice/1istif,orceiiietit U111it
Division ofWater Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

ME
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessinent document you must file a, petition fior an
administrative hearing. You inay obtain the petition florm from the Office ol'Administnative Hearings,
You niust file the petition with the Office ofAdministrative Hearings within thirty (30) days of receipt
of this notice. A petition is considered filed when it isreceived in the Office of Administrative Hearings
during normal office hours, The Office ol"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 facsirnile (fiax) or electronic mail by an attached file (with restrictions) - provided the signed
original, one ( ' 11copy and a filing lee (if a filing fee is rNC equired by G§ 15013-23.2) is received in the
Office of Administrative Hearings Nvithin seven (7) business days fiollowing the ('axed or electronic
traitsinission. You should contact the Office of Administrative Hearings with all questions regarding the
filing g fee and/or the details of the filing process. The mailing address find telephone and fax numbers
for the Office of Administrative Hearings are as folloNvs-1
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
`ret: [phone]
Fax:. [phone]
One (1) copy of the petition must also he served on DENR as follows
N-lary Penny Thompson, General Counsel
DER
1601 Mail Service Center
Raleigh, NC 27699-1601
F'ailure to exercise one of the options above within thirty (30) days of receipt of this letter, is evidt-mced
bv rasa internal date/time received starap (not a postmark), will result in this matter being referred to the Attorney
General's Office for collection of the penalty through as civil action.

VPV
Please be advised that additional penalties may be assessed for violations thiat occur after the review
period of this assessment,, If the icrl to ras are € i` ra c.c ntir nira r r Carr°e not r l�c t�� �� er��tit�rr �rr7d,=`nr
maintenance
. obletn�ind_yt i air remedial constrtictio ztctiv, tic henlqq�y r�isls ca cc r� �ci� �
:: lvin ()I 'olpecial gqhay an
ccial lyder oriscs� lea co c=t tl� &', ter° a lit �a�ctLi p alb" ��f` l�Mooresville �caz�a ._ t Jce�at
704 Y66 3-1699,
�w
(Date) Marcia Allcrcc.cr
Acting Regional Tonal upervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality
ATTACHMENTS
cc.. Mooresville Regional office Compliance File ",,, a achment
Raleigh Compliance/Enforcement Mlle. Nv,,r attachment
Central Files attachments
l

ATTACH LIT ►
CASE NO. LV-2011-0174
OutC ll late 'Parameter or&t d 'Valu Permit Limit

sTATE OF NORTH CAROLINA DEPARTMENT OF ENVJRONmENT
AND NATURAL RESOURCES
CC '(_' T '" OF IREf EL
I `I HE MATTER OF ASSESSMENT WAIVER OF RIGHT TO A
OF CIVIL PENALTY * GfN T ADMINISTRATIVE ATIVE HEARING G AN
BARIUM SPRINGS HOME STIPULATION OFFACTS
HOME FOR CHILDREN
I
PERMIT NO. NCO045471
FILE NO. 1,V-2011-0174
Having been assessed civil penalties totaling 6. for viol tio,tt() as set fo rt n the assessment
document of the Division of Water Quality dated Jun = 2 w 2011, the undersigned, desiring to seek remission of
the civil penalties, does hereby waive the right to an administrative hearing in the bone -stated matter and doe:
stipulate that the facts are as alleged in the a sessirient 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 Quality , within 30 ciao°s ofreceipt of the notice of assessment. No new evidence in support of
a rep ission request will be allowed after 0 days f`aoni the receipt of the notice of assessment,..
Ftus the 11 _._.— day of 2011
TELEPHONE

DWQ Case Number:
Assessed Party:
COUFAN'.
Permit Number:
Am, ount Assessed:
44RR
JUSTIFICATION FOR REMISSIO�L�, U�TST
LV-2011-0174
Barium Springs Home for Children
Iredell
NCO045471
$336.74
Please use dais form when requesting remission ion ofthis civil penalty. You must also complete the "Rgymist for
Remisvion IFifit,er Inn
in,-Idmirdstrative Ida
tut,,�'Atn4 V 14 11 �() taxi L o� �t, " ft to request retrussion
of this civil penalty. You should attach any documents that you believe support your request and are necessary
for the Director to consider in evalWtiog your request for remission. Please be aware that as request for
remission is limited to consideration of the five fiactors listed below as they niav 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 tactual statements contained in the civil penalty
assessment docurnent. Pursuant to N.('.G,S. § 14313-2iI I(c), remission of a civil penalty may be granted only'
N,kheu One or more <of the following five factors applies. Please check each factor that you believe applies to
your case and provide as detailed explanation, including copies ot'supporting documents, as to why the factor
applies (attach additional pages as needed).
(a) one or more ofthe civil penalty assessment factors- in-N.GG.S. 14'B
as plied to the detriment of the tioner 0/le am ssessent,fix-lors, tire listeti in the civil penalty asses sment
)I the;
th.-) c u m e n
(b) theviolator_aroma_p.tl�-_—ab—ated—c(on.tiitijMenvjroneiitaldanj&Lr sultin fr�Qnj--that �vic)-li(nLi e
aplain the steps rhatyou tack to correct the violation ondpreventfiaure occurrences),,
(c) the violation s�N,,,as inadvertent or a result, of an accident (ix, explain wh.y, the violation was
unavo idab le or votneth ing yo u co u Id not pre vent or preparefio);
(d) the violator had not been assessed civil penalties for upy . A ( v ions, -pre J)us iolat.'-.--,
(e) pia meat of theeiv,i] )enalty �,villj)rcvcnt , yrria�L �Lr the remaiinng -misgy_remedjal act'
1L(� -11L � ions
(i,e., explain hou, pcaytnent ofthe civil penal(j,," 1,4411 prevent you l otn pedbrafing the activities necessar�v, to
i -ichieve com hance),
P
EXPLANATION: (use a(lditional pages as neeessarj)

NORTH CAROLINA DIVISION OF WATER.,QLALITY
Violator.
Facility: Barium S r rim Home for Children WWWTP
County: Iredell
Case Number: LV-2011-0174
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 harm has been docurnented, The facility is in violation of the monthly average effluent limit
ammonia nitrogen, Ammonia nitrogen exerts zui oxygen demand in the receiving waters and would also
be predicted to have a toxic impact aquatic life.
2) The duration and gravity of the violation;
The violation occurred during the month of March 2011. The ammonia nitrogen monthly average
effluent limit was exceeded by 32% (limit of 4.0 mg/l, reported value 5.26 mg/1). The facility was also in
violation of the effluent monthly average ainmonia, nitrogen limit in Janus , and February 2011,
3) The effect on ground or surface water quantity or quality or on air quality,;
No impacts on ground water or air quality are expected, Downstrearn impacts such as stress to aquatic
life due to ammonia toxicity and lower available dissolved oxygen levels may be predicted. Nutrient
enrichment of the receiving stream would also be a concern.
4) The cost of rectifying the damage;
The cost is unkno-,vas.
The amount of money saved by noncompliance;
No, money appears to have been saved by the noncompliance.
Whether the violation was committed willfully or intentionally;
The violation does not appear to be willful, or intentional.

7) The prior record of the violator in complying or failing to comply, with programs ms over which the
Environmental Management Commission has regulatory authority; and
Case Number I� scri tirarr
MV-2011-000 on -re orting', residual chlorine, $185.06, case
� .
c� c
LV-2011-0104 Ammonia raltr oen, BOD (not assessed) 36.74, case q, �ren
) The.cost to the State of the enforcement procedures.
Staff preparation of enforcement package: 1 hour at ` .19/hfaur
P Regional Supervisorreview: 1 hour at 3. /hour
Clerical Suppory 1 hour at $1 .00/houa
Total: .7
n.
R
Date Acting RO Supervisor
Division of Water Qualiq,,

MONITORING REPORT(MR) VIOLATION for: Report Came. 06(14r11 Page: 5 or
PERMIT NCO028606
FACILITY IBC DOT - Environmental Operations -1-77 Rest Area
COUNTY. Irudull
REGION: Mooresville
Irdull Count
Limit Violation
MONITORING OUTFALL I
VIOLATION
UNIT OF
CALCULATED
REPORT PPI
LOCATION
PARAMETER
DATE
FREQUENCY MEASURE
LIMIT
VALUE %OVER LIMIT
VIOLATION TYPE VIOLATION ACTION
o - 2011 001
Effluent
60D, 5-Day (20 Deg. C) `
03109111
Weekly rmgli
45
55A 45.33
tDaily Maximum Exceeded None
Concentration
03 -2011 001
Effluent
BO D, 5-Day (20 Deg. C) -
03116111
Weekly rngA
45
34.2 4267
Daily Maximum Exceeded None>
Concentration
03 -2011 001
Effluent
BOD, S.-Day (20 Deg. C) -
03/31/11
W'yeekly rmgll
30
33,56 11.87
Monthly Average Exceeded None
Concentration
0 -2011 001
Effluent
SoMids, Total Suspended .
03/09111
Meekly mgfi
45
57,3 2733
Daily Maximum Exceeded Nurse
Concentration
03 -2011i 001
Effluent
Solids, dotal Suspended m,
03/31111
Weekly rngA
30
36,52 21 73
Monthly Average Exceeded None
Concentration
PERMIT: NCO04 471
FACILITY: Barium Springs Home for Children - Barium Springs
COUNTY: I:rddell
REGION: Mooresville
Home WWTP'
Limit Violation
Zt
MONITORING OUTFALLI
VIOLATION
UNIT OF
CALCULATED
REPORT PPl
LOCATION
PARAMETER
DATE
FREQUENCY MEASURE
LIMIT
VALUE IV.OVER LIMIT
VIOLATION TYPE VIOLATION ACTION
Nitroggen, Total
-2011 001'
Effluent
Ammonia (as
03131/11
X monde mgll
,2F 3162
Monthly Average Exceeded None
N) - Concentration
t zY
A x
,E71
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sr
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t,
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$ L�+
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