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Home My WebLink AboutNC0045471_Enforcement_20130808F North Carolina nenirtmPnt of Fnvirnnmoist nnri N PtHr::il Pp(zni irrac Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E, Skvada, M Governor Drector Secretary August 8, 2013 CERTIFIED MAIL 7010 0780 0000 5562 1958 REI'URN RFCEIPII�� Mr. Don S. Kelly Barium Springs Flom e for Children PO Box I Barium Springs, North Carolina 28010-0001 SUBJECT` Notice of Violation arid` Assessment of Civil penalty for Violations of N.C. (ienera] Statute 143-215, l(a)(6) and NPDES Permit No. NCO045471 Barium Springs Home fbr Children W'W"FP Iredell County Case No. 1,V-2013-0148 Dear Mr. Kelly- 'I'his letter transtnits a Notice of Violationnid ass essirrent of civil penalty in the aniount of $398.91 ($250.00 clivil penalty + $148.91 enforcement costs) against Bariurn Springs Home for Children. 'I'his assessment is based, upon the fol I owing 'facts: A review has been conducted of the self-r-flonitoring data reported for April 2013. This review has shown the subject facility to be in violation of the discharge firnitations found in NPDES permit No. NCO045471 . The violations are summarized in Attachment Ato this letter, Based upon the above facts, I conclude as a matter of law that Barium SpriugS I bone for Children violated the terms, conditions, or requireffleruS of NPDES Pennit No. 1 ..O045471 and North Carolina General Statute (G.S.) 143 -215 . I (a)(6) in the rnwiner and extent shown in Attachr'nent, A. A civi I penalty may be assessed in accordance with the maximums established by G.S. 143-211 5.6A(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 Resources, 1, Michael. I_ Parker, Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Barium Springs Home for Children: klx'reao�e R%onal Office Locabon: 510 East Center Ave Swte 301 Mooresvilte, W" 28115 One Phone, (704)663-16909', Pax (704)663-604r..Cuslo�T,,ef,�crqtre 1-877623-6748 Intemet: NorthCarofiiia �,n "Ippoj"Uf',€.y , 11"IffjrW"'.xm""-Ae.ln)'E Empinver - _30",, R,,e,j,'Ev10% Pcsi c,r.iisoier plpe iVeiturally $-- -,-- 25,0,00--- $-----250,-00---, 148,91 For— I -- of the one (1) violation of` G.S. 143-215.I(a)(6) and NPDES Permit No. 1 C0045471, by discharging waste into the waters of the State in violation of the permit monthly average effluent linutfor anurionia. TOIAL CIVIL PENALTY Enforcement costs ,roTAL AMOUNTIAT Pursuant to G,S, 143-215.6A(c), in determining the antount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors serforth at G,S, 14313-2811 (b), which are: (1) The degree and extent of harm to the natural resources ofthe State, to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The eft'ect on ground or surface water quantity or quality or On air quality; (4) The cost of'rectifying the darnage.; (5) The arnount of money saved, by noncompliance, (6) Whether the violations -,vere contrititted willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with prognuils over which the f',1rivirontriental Managenrent Connnission has regulatory authority; and (8) The cost to the State of the enfbrectrient procedures. Within thirty days of receipt. of dais -sac- tice, you tnust do one of the f'ollowing- 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 waiverfiorn), Payment ofthe penalty will not foreclose further enforcement action, for any continuing or new violation(s), Please submit payment to the attention of., point Source Cornpliance/Enf6rceits ent Unit Division of Water Rescwt-ces 1617 Mail Service Center Raleigh, North Carolina Zit 99-1Cal 7 OR 2. Submit a written request for remission including a detailed justification for sueb 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 staterrients 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 iis waiver of your right to cut administrative hearing and a stipulation that no factual or legal issues are, n dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below, In determining whether a remission request will be approved, the following factors shall be considered: (I rs in G.S. 14313-282. 1 (b) VVere whether one or more of the civil penalty assessment facto wron-fully applied to the detriment of the petitioner-, L (2) whether the violator promptly abated continuinnviron-mental damage resulting hot I the Violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary rentedial actions. Please note that all inforniation, presented in support of your request for remission must be submitted i in writing, The Director of the Division of Water Resources will review your evidence and inf(in You of his decision in the matter of your remission request, The response will provide details regarding case status, directions for payment, and provision forfee rthen appeal of the penalty to the Environmental % anagement C rttrnis ionr s Clornmittee on Civil Penalty Renfissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director, Therefore, it is very, important that you prepare a complete and thorough statement in support of your request for 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 Resources also requests that you complete and submit the enclosed "Justification for Remission Request," Both fomis should be submitted to the following address: Point Source Compi,iance,,°'1,-'iifoi-cement Unit Division of Water Resources 1617 Mail, Service Center Raleigh, North Carolina 27699-1617 File a petition for an administrative hearing with the Office of Administrative Hearings: if you wish to contest any staterrient in the attached assessment document you must f,le a petition for ,I an administrative hearing. You may, obtain the petition forrit, from the Office of Administrative Hearings, You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Admirdstrative flearings accepts filings Monday t4rough 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 ft-ICSiffl& I (fax) or electronic mail by an attached fi e (with restrictions) - provided the signed original, one (1) copy and a filing fee of a filing fee is required by NC GS § 15013-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the fared or electronic transi-nission, You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 'Fel: (919) 411-3000 Fax- (919) 4311 -3 100 One (1) copy of the petition must also be served on DENR as follows: Mr. Lacy Presnell, General Counsel DENR 1601 Mail Service Center Raleigh, N(,,", 27699-1601 Plea -se 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) days of receipt ofthis notice, as evidenced by an internal date/time received startm (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 rnay be assessed for violations that occur after the review period of this assessment. If the violations are of,a confi let i at, not related tLcLU-eration qD mainterianc antic remedial construction activities ILt�n loij,rijay wish to c(msicernpjyrngfi-)L4,S ectl ti ujjave anV C ut this civil I n4it -�o —p_q__Qtder_bLrCo scnt..,lf,yg— ILIeStionsabo M assessment 01- -Qr4-qLbY-CL)iiserq,,,pjea,se contact the Water Resources staff of the Mooresville Reg: L(I aLL7 Q 4),-16 63 -1699. Michael L Parker, Regional Supei-visor Mooresville Regional Of Division of Water Resources ATTACHMENTS CC' Mooresville Regional Office Compliance File w/attachments, Raleigh, Compliance/Enforcernent File w,,,attachments Central Files w/ attachments FF ATTACHMENT HMEN CASENO.LV-2013-0148 rr Rr~td � Pei Ixlt The Barium Springs fjornefor Children did not provide response to 2 . 0410} DWR staff did review the comments t provided on the i pr l 2013 DMR., Mitigating factors were not found to result: in a reduced civil penalty r o n . STAIT OF NORTH CAROLINA COUNTY OF IREDELL IN THEMATTER OF ASSESSMENT L CIVIL PENALTY AGAMST BARIUM SPRINGS HOME FOR, CHILDREN DEPARTMENT OF ENVIRONMENT AND Nab Uft'kL RESOURCES I_'RCES WAIVER OF RIGHTTO AN ADMINISTRATIVEHEARING AND STIPULATION OF FACTS FILE NO, LV-2013-0148 Having been assessed civil penalties totaling 3 , 1for violation(s)a) as set forth in the assessment docurntent of the Division oI"Water Resources dated August . 2013, the undersigned, desiring to seep remission of the civil penalties., does hereby waive the right to an adrai strative 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 rust be submitted to the Director of the Division of Water Resources within 0 days f receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days trc rn the receipt of the notice l` assessment. Fhis the d ty cI _w :Wltl BY ADDRESS TELEPTIONE DWR Case u bra LV-200-01 Assessed Party: Barium Springs Horne for Children n County- y- Ircd ll Permit Number: r: CO045471 Amount is ess : $398.91 Please use this form when requesting remission of this civil penalty=, You must .also complete the -Rggy tqi to Inn A C jLati- (�t� , ,I form to request remissionof this civil penalty. You should attach any docuanents fleet you Alt v support your request and are necessary for the' Director to consider in evaluating your request fear remission, Please 'be aware that a request for remission is limited to consideration of the five factors listed b loN as they: may slat to the rca utaibl ncss of th �aaatcaunt f the civil penalty assessed. Requesting remission is not the proper procedure, for contesting het r the violation(s) occurred or the accuracy of any of the factual statements contained to the civil penalty assessment document. Pursuant to NC.fit. . § 1 13- .I(c)> remission of a civil penalty may be granted only when one or more of the following f ve factors applies, Please check each factor that you believe applies to your case and provide a detailed explanation, 'including copies of supporting docurrientS7 as to why the factor applies (attach additional pages as needed), (a in the civil penalCi,, assessment do zrment.) (the assessment,factors are listed a c�)=rsultircn t cIil tcnra f��a�rt violation (i,e_ e,plain the steps that you too to correct thevioliltion and Oure occurrences),- (c) th .. viol t urt vas Lnad�rcrictat cam �a ie u t f � a�.cid t li.e_ � lrairt Hatay the violati(,m ai ra,s unavoidable or something you could not prevent or pr ep arefior); d flee violator ttar kaka c la n ss ss�c i l Ia n jL £mar'a �r iau al tira ; V rn tat afw,tla tPiAl nali will g zat avr eat fnr flee anaainixa ra c ss'TN� r rca i l w act elms (i.e., "Wain how pgtyment- �`the °real penalty will prevent I)ou ��arat performing the activities necessary to achieve compliance.). LAN T ' : (case additional pagts cap necessary Violator: BariuM,5pjjR&s ILome for Children Facility: BqrjqMAI3p ig� ojq�L for Children WWTP �jri_ County: Iredell Cast Number: 'j,V-2013-0148 Permit Number: NCO04547 4); The cost of rectil!ying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown. 8) The cost to the State of the enforcement procedures. Michael L. Parker, Regional Supervisor Mooresville Regional Office Division of Water Resources CEMEMME, ERMIT: IT: NCO045471 FACILITY- Barium Springs Home for Children - Barium Springs COUNTY,. frodeff ION: Mooresville Home WWTP Limit Violation e f r MONITORING OUTFALLI ViOLATiON UNIT OF CALCULATED REPORT PPt LOCATION PARAMETER DATE FREQUEN Y MEASURE LIMIT VAItIE OVER VIOLATION TYPE VIOLATION ATWON .. 04 2013 001 Effuent Nitro on, Ammonia Total (as 0430113 2 X month mil 2 324 62 Monthly Average Exceeded None z N)_ oncentration ,.. , y