NC0045471_Enforcement_20180803

ROYCOOPER NORTH CAROLINA
Environmental Quality
MICHAEL S- REGANI
solarefon.,
LINDA CULPEPPER
.Iiezarm Directar
September 04, 2018
John Koppelmeyer
Barium Springs
PO Box I
Barium Spring
Barium Springs, NC 28010
Subject: Payment Acknowledgement for Civil Penalty Assessment
Barium Springs WWTT
County Iredell
Permit NCO045471
Case No. LV-2018-0184
Dear Mr, Koppelmeyer:
This letter is to acknowledge receipt of Check No. 28160 in the amount of $353.29 received from you dated 8/3/2018.
This payment satisfies in full the civil assessment levied against the subject facility and this case has been closed.
Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable
statutes, regulations, or permits.
If you have any questions, please call Wren Thedford at 919-707-6301.
Sincerely,
rWren Thedford
Administrative Assistant
Water Quality Permitting Section
ec: Enforcement File # LV-2018-0184
Mooresville Regional Office Supervisor
North Carolina Department of EnvitonmenW Quality I Division of Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

FILE
Roy M'C"
AEOAN
Cerfified Mail #7016 1 70 ()()00 2596 1150
Ret� eeel�llte steer
August 03, 2018
Cahn Koppelmeyer
Barium Springs Home for Children
PO Box I
Bariurn Springs, N' 28010
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (l ) 143-215.l(a)(6
and NPDES WW Permit No. Ni CO04547 t
Barium Springs
Barium Springs "firW'T
Case No, L-2018-01 4
Iredell Count
Dear Mr, Koppetmeyer,
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $353.29 ($250.00 civil penalty
+ $103.29 enforcement, crusts) against Barium Springs,
This assessment is based upon the fo llo in facts: a review has been conducted r f'the Discharge Mon
c�rin8 l e part
(I MR) submitted by Barium Springs for the month of February 20183 This review haso I n the itsu ctfat d cifity o b ` in
violation of the th har e limitations andl r monitoringrequirements found in PDE 4�
he
violations, which occurred in February 2018, are summarized in Atnehment A to this letter.
Based upon the al�tr ),ve facts, I conclude as a matter of la'w that Barium Springs violated the terms, conditions or
requirements of NPDES WW Permit No. NCO045 71 and G.S. 143-215.1(a)() in: the manner and extent shown in
Attachment A, In accordance with the maximums established b t , . l 3- 15.A(a)(2), a dual penalty may be
assessed against any person who violates the terms, conditions or requirements of permit required by G.S,
143 15.1(a.
North caroisna Department of Environmental QualTty I (division of Dater Resource
0 East ( enter Avenue, suite 301, mooresville, NC 2811
704-663-1699

Based upon the above endings of fact and conclusions of law, and in accordance with authority provided by the
Secretary oft he Typo;, put of Environmental Quality and the Director of the Division of Water Resources, 1, W. Corey
Basinger, Reg I ional Supervisor,, I isor, Mooresville Regional Office hereby make the following civil penalty assessment against
Barium Springs;
JZ50,00 I of I violations of G.& 143-215. 1(a)(6) and Permit No. NCO045471, by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for Nitrogen, Ammonia
Lotallias NL- Concentration
�5,Q.00 TOTAL CIVIL PENALTY
�l 03.29 Enforcement Costs
$151,t29 TOTAL AMOUNT D I', E
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 forth at G.S. 14313-282 . I (b), which are:
(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-,
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance-,
(6) Whether the violation was 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 cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following-
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
fiorna, Payment of the penalty will not foreclose further enforcement action, for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

F
Option : Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited'to consideration of the five factors listed blow as they may
relate to the reasonableness of the oun of the civil penalty assessed. Requesting remission is not the proper
procedure for contestingwhether the violation(s) occurred or the accuracy of of �h 'actual statements contained ain in
the civil penalty assessment document, Because a remission request forecloses the option of an admin strativc hearing,
such a request must be ac ompanied by ��#aiveT our right to an administrative hearinga�� a stipulationare
agreement that no factual o teal issues are in dispute, lease prepare a detailed statement that establishes why you
believe the civil penalty' should 1 e remitted., and submit it to the Division f Water Resources at the address listed below,
In determining whether a remission request will be approved„ the fallowing factors shall be considered:
( t) whether one or more of the: civil penalty assessment factors in NCGS 1 13ffi 2.l(b) was wrongfully
applied to the detriment of the petitioner;
1 whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident:
) whether the violator had been assessed civil penalties for any previous violations; or
,i whether payment of the civilnatty vv°itl prevent payment for the remaining necessary remedial ra bons:
r
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request, life response will provide details regarding the case stags, directions for pavnient, 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 information that was not part of the
. considered by the Director Therefore, it is very important that you: prepare a complete and
original remission request
thorough statement in support of your request for remission.
c sr siort e ue!."
Both forms should be submitted to the following address.
Wastewater Branch
Division of Waiter Resources
1617 Mail Service Center
Raleigh, North Carolina 769 -1u1"i

Ootion3: File a petition folran administrative hearing with the Office of Administrative Hea0yjs.,
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
bearing. You may obtain the petition form 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 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 facsimile (.fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (I) copy and a filing tee (if a filing fee is required by NCGS §15011-232) is received in the
Office of Administrative Hearings within seven (7) business days following the taxed or electronic transmission. You
should contact the Office of Administrative Hgarit _-A- i� _filing fee k r the details of the
�JnsAyitlialj uestionsr _tIdAn
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows;
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel- [phone]
Fax: {919)431-3100
One (1) copy of the petition must also be served on DEQ as follows-,
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 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) days of receipt. of this letter, as evidenced by an internal
date/time, received stamp (not a postmark), will result in this matter being referred to the Attorney General's Of for
collection of the penalty through a civil action. Please be advised that additional penalties maybe assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Wes Bell with the Division of Water Pesources staff of the Mooresville Regional
Office at [phone] or via email at wes.belloqmcdenngov,
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NC DEQ
ATTActi-MEN'rs
cel. WQS Mooresville Regional Office ® Enforcement File (Laserfiche)
NPI)ES Cornpliance/Enforcement Unit - Enforcement File (Laserfiche)

FJUSTIFICATION FOR RF--MISSION RFQ_UFSf
Case urn1►e
- 1 -01 County: frede l
Assessed PaBarium Springs; aunt less : $-1-5-329
.
Permit No.: tsO0454 l
Please use this form when requesting remission of this civil penalty, You must also complete the 'Wequest for, Remission,
�' .f `� ,� and necessary' for the Director to consider
Waiver o Might to an Athninistrativ Ikarin an t�� rc� ion orequest �� form to request remission of this civil penalty,
►�
rt
You should l attach an c rnent that you believe
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 civit penalty ass ssrtter t d ~rur tit. Pursuant to l i . P se B-282,1(c), remission of check each factor that youtr civil
penalty may be granted only, when one or more of he followingfive factors apple Please
(relieve 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 its } . tw,t .S. 14 - 2.1( ) were, wrongfully applied to the
detriment of the petitioner' (theca se.s.smentf actors care listed in the civic penalrrs,rac z rat rfc� utrr rr ri;
(la) the violator promptly abated continuing environmental damage resulting from the violation (.e.» explain the
"steps rhaat yoga took to cram-ect the violation nd, r°u.ventN at r°e occurrences),
nces)
(c) the violation was inadvertent or a result of an accident (i.e., explain 144to the violation uats unavoidable or
something you could not prevent or preprarrfior),
(d) the violator had not, been assessed civil penalties for any previous violations.
(e) payment ofthe, civil penalty will prevent payment for the remaining necessary remedial actions (Le. explain
hors payment of the a~ ivit pena i`47 will prevent you aorta performing the activities necessaq to achieve
compliance,):
NATION

STATE OF NORTH CAROLINA DEPARTMENTUF hNVIRONMENi AL QUALI I Y
COUNTY OF IREDELL
IN T, MATTER OF ASSESSMENT WAIVER RIGHT ` O A
OF CIVIL PENALTIES AGAINST ADMINISTRATIVE HFARINGAND
STIPULATION OF FACT
Barium pri
Barium Springs WWTP
PERMIT NO. NCO045471 CASE NO. LV-2018-0184
Having been assessed civil penalties totaling _ 3 3. for violation(s) as set forth in the assessment document of the Division
ofWater Resources dated An ustff3 t 1 , the undersigned, desiring to seek remission of the civil penalty, does hereby
waive the right to an administrative hearing in the alcove -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{ t j 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 �tI
SIGNATURE
,;
ADDRESS
TELEPHONE

ATTACHMENT A
Barium Springs
CASE NUMBER: LV-2018-0184
PERMIT: NCO045471
REGION:Mooresville
FACILITY: Barium Springs WWTPCOUNTY:
Ire yell
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
"Violation Report
Unit of Limit Calculated ° Over
Violation Penalty
Date Month)Yr Parameter
Frequency Measure Value Value Limit
Type Amount
2/2 /201 2-2018 Nitrogen, Ammonia
2 X month rngll 4 4.98 24,6
Monthly $250,00
Total (as N) -
Average
Concentration
Exceeded

FILE
Ir
or
Water Resources
QW969M twig
July 5, 2018
John Koppelmeyer
Barium Springs Home for Children
PO Box 1
Barium Springs, NC 28010
SUBJECT: NOTICE OF VIOLATION& INTENT TO ASSESS CIVIL PENALTY
Tracking Number, NOV-2018-LV-0480
Permit No. NCO045471
Barium Springs WWTP
Iredell County
Dear Mr. Koppelmeyer:
A review of the February 2018 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Sample Limit Reported
Location Parameter Dabe Value Value Type of Violation
001 Effluent Nitrogen, Ammonia Total (as 2/28/2018 4 4AS Monthly Average Exceeded
N) - Concentration (CO610)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the not violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit, Pursuant to G.S. 143-215.6A, a civil penalty of
not more than twenty-five thousand dollars ($25,000,00) may be assessed against any person who violates or
fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215. 1.
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing wi It ten �10bgsiness �das after receipt of this Notice. A
b�t n
review of your response will be considered along with any information provided on the submitted Monitoring
Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations, If no
response is received in this Office within the 10-day period, a civil penalty assessment may be
prepared.
Sucre dNonhCaruhna EnwonmentalQuahly 1 Water Re3owces
610 East Ceriter Avenue, S6uatel0l, Nlooresville, NC 281 Is
7CA-663 -1649

Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law, If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
Reminder: Pursuant to Permft ondition 6 in Section E the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc,
If you have any questions concerning this matter or to apply for an SOC, please contact Wes Bell of the
Mooresville Regional Office at 704-663-1699.
Sincerely,
.r—DocuSigned by:
A14CCG81AF27425_
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: WQ5 Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
`state oCN'onhCarolma i Enviwrimenta6 Quahry I Water Resollces
6 FO Flwm Center Avenue, Suite 301, %4(vresville, NC 281 15
7(,',4 - (,,fi 3 - 1699

r
July Its, 2018
Mr. Corey y& Basinger, Regional ional upervisor
Water Quality regional Operations Section
Mooresville regional Office
l past Center Avenue
Site 301
Mooresville, NC 28115
Subject: response to the Notice of Violation and Intent to Assess Civil Penalty issued;
on July 'h, 2018 for the Barium Springs WVVTP NCO04,5471-Case, Number: ber NOV-2018
L V-04,8C1
Dear Mr, Basinger;
Barium Springs Home for Children appreciates the opportunity to respond to the
Notice of Violation related to the February 18 Discharge Monitoring Deport, Ibis
response will provide additional information regarding the inspection findings and it is
our hope that the additional information is sufficient and that the Division will decide
not to pursues further action,
lonthl; Avery e m onia Nitr en The monthly average of 4 l was exceeded"
The ORC noticed the distribution Braes to the Sand Beds had buildup of solids causing
uneven distribution on the beds" The Childrens Home e maintenance staff jetted out the
lines and they are now operating normally.
Any penalty from this violation will create trene burden on an already
operating budget for the Waste Water Plant, The Home for Children Mal
and the :Plant ORC are committed to -maintaining and operating the wasto
treatment plat in aprofessional, responsible manner.
e trust that this letter addresses our response to the Notice of Violation
demonstrates the Barium Springs Home for Children commitment to iml
overall operation and condition of the wastewater treatment plant. lased
horns, we respectfully request that the Division not seer any further enfc
for the Notice of Violation. if l can be of any further assistance or additii
information is needed, phase do not hesitate to contact me._
the
ent action
I

DMR REVIEW RECORD
IDEMMMIMMMMM
Facilits, Name: BAiqM -S2[j!jgj WWTP
Permit Number:
NCO045471
ReportPerjod- t`ebrtiarv.1018
Prior Assessments:
I
Enforcement Factor: 1.00
Waterbody
Outtall Ouffall Description
Waterbody Mame
Classification
001 effluent to UT Duck Creek
Duck Creek
C
Nlonthly Average Limit Violations
Sample Location: Outfall 001 - Motor
Violation
Unit of
Limit
Calculated
% Over
Date Parameter,
Pry uenc
Measure
Value
Value
Limit
Action
212812018 Nitrogen, Ammonia Total (as N) -
2 X month
Mg/l
4
5,00
24.6
Concentration
Daily Limit Violations
Sample Location- Outfall 001 - Effluent
Violation
Unit of
Limit
Calculated
% Over
Date Parameter
Frequency
Measure
Value
Value
Limit
Action
V26,i2-018GhJ—orin-e-,-Total Residual
2 X week
ugli
17
26
52.9
No Action, BPJ
ipervisor Remarks:
A101
W,�

^`A
t ,,a
Completed by, � ��' m Date: 7
Assistant Regional
Supervisor Sign -nth'. Date:
Regional Supervisor
;sign -off; :ate:
'age 2 of

Prior 12-Month Enforcement 1 t R
Pe it Number: C0045 1 Report rind: Lebru� �
Limit Violation
Violation
Report
Violation
Dam
Period
Parameter
Type
NOD NOV
CPA
111912018
1-2018
BOD; 5-Day (20 Deg. C)
wily Maximum
NOV-2018-LV-0388
Concentration,
Exceeded
1/3112018
1-2018
EOD,, 5-Day (0 Deg. C) -
Monthly Average
NOV-2018-LV-0388
Concentration
Exceeded
1131/2018
1-2018
Nitrogen, Ammonia Total (as
Monthly Average
NOV-2018-LV-03 8
t ) - Concentration
Exceeded
2114 201 r
2-2017
pH
gaily Minimum Not
NOV-2017-L -0 2
Reached
511212017
-2017
13CD; 5-Day (20 Deg. C) .
Daily Mammurn
NOV-2017-tV-0598
Concentration
d
Exceeded
5131/2017
5.2017
E1.7D 5-Day (21 Deg. C1-
Monthly average
NOV-2017-LV-0598
Concentration
Exceeded
7/512017
7-2017
pH
Daily Minimum Not
NOV-2017-LV-0712
L.V-2017-0 21
Reached
7127F2017
7-2017
BOD; -Day (20 Deg C)--
Daily Maximum
NOV-20"17-LV-0712
LV-2017-0321'
Concentration
Exceeded
7/2712017
7-201 7
Croliforrn, Fecal MF, MFC
Daily Maximum
NOV-2017-LV-0712
C-2017-0321
Broth, 44,5 C
Exceeded
7/3112017
7-2017
BOD, 5-Day (20 Deg, C) -
Monthly Average
NOV- 017-LV-0712
LV-2017-03 1
Concentration
Exceeded
8/91 017
8-2017
Ccliforrn, Fecal MF, MFC
wily Maximus
NOV-2017-LV-0812
Broth; 44.5 C
Exceeded
Page 3 of

At or: Barium Sormas
lity Name: Barium Springs WWTP
county. 1peagi
ASSESSMENT FNCTORS
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;
2) The duration and gravity of the violation;
) The effect on ground for surface water quantity or quality or on air quality; 0
) The cost of rectifying the damage;"
) The amount of money saved by noncompliance;
OWA*'��
h) Whether the violation was committed willfully or intentionally;
t ° ;
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
Case #: L'oa? 2€11 -014 — Ammonia r ionthly average violation (Areal 2013)
NOV-20115-LV-ti 22 Arnrnoma monthly average violation (February 2015);
1 V-2017-LV-0598 OD (daily and monthly) violations (May 201 i),
Lase #. LV-2017-2 — l-1 (daily min#nimn) Fecal Coliform (daily), and BO (daily and monthly) violations
(July 2017)
N V-2017-LV-hh12 Fecal t~olifor n daily rnaosimuan violation (August 201 )
N V-201h-LV-tl h11 BOD daily and monthly) and ammonia (monthly) violations Janua ° 2018).
) The cost to the Mute of the enforcement procedures
0 .2#

i
AN
W. Coro, Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville regional Office
Division of Water Resources, NCDEQ