NC0045471_Enforcement_20181116

,y
ROY COOPER NORTH CAROLINA
Gov Ef"Vil"111101tat quality
NUCHAEL S. FXGAN
LINDA CULPEPPER
Interior Dirwtor
December 18, 201
Celeste Dominguez, e CEO President
Barium Springs
PO Box l
Barium Springs, NC 21010
Subject. Payment Acknowledgement ement for Civil Penalty Assessment
Barium Springs WWTP
hedell County
Permit NCO045471
Case No.LM-2018-0054
Dear P itt
This letter is to acknowledge vledge receipt of Check No. 28472 in the amount of $661.38 received from you dated 11 /30/201 .
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 91 --7 2- . ti1.
Sincerely,
Wren Thedford
Administrative Assistant
Water Quality Permitting Section
ec; Enforcement :pile # LM-2018-0054
Mooresville Regional Office Supervisor
North Carolina Department of Environmental Quality I Divas€care of Water Resources
610 Fast Center Avenue, suite 301, Mooresville, NC 28115
704-663-1699

ROY COOPER NORTH CAROLINA
Eftylowwonlut Qualify
MIS S. ..
3-retoy
CUPEPPER
Certified Mail #7016 170 0000 2591 1728
Return Receipt #esteci
November 1 +, 20113
Celeste Dominguez, president & CEO
Barium `springs Horne, for Children
PO Box 1
Barium Springs, NC 28010
Si iBJECT: Notice of Violation and Assessment of Civil penalty
for Violations ofNorth Carolina General Statute ( . .) 1 :3-21 .1.(a)(6
Barium :Springs Horne for Children
Barium Springs Borne for Children WWTP
Case No. VI-201 -005 l
Ircdell County
Dear k1s. l omingue; a
This letter transmits a Notice of Violation and assessment of civil penalty in the amount d 1 38 (5 0.00 civil penalty
+ $111.38 enforcernent costs) against Barium Springs.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(l.l tR) submitted by Barium Springs Dome for Children for the month of August 2018. This review has shown the strbjec:t
facility to be i iolation of the discharge limitations and/or monitoring requirements found in t�lf'DES W Permit No. y
COO i 71. The violations ;which occurred in August 2018, are summarized in Attachment A to this letter;
Based upon the above facts, l conclude as a matter of law that Barium Springs Home for Children violated the terms,
conditions or requirements of NPDES WW permit No, NC O04 471 and 6.S. 143-215.1 (6) in the manner and extent shown
in Attachment A. In accordance with the maximums established by G,S..'143-215. (a)(2), a cavil penalty may be
assessed against any person who violates the terms, conditions or requirements of a permit required by GS
14-215.1(a)
North Carolina Department of Env4onrnental Quafitf j Division of miter Resources
610 East Genter Avenue, Suite 301, Mooresville, NC 2811
704-663-1699

Ba§ed*6n4fie1bove,ftndings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, 1, W. Corey
Basinger, Regional Supervisor., Mooresville Regional Office hereby make the following civil penalty assessment against
Barium Springs Home for Children:
$1 00.OQ I of I violations of G.S. 1,43 -215. 1 (a)(6) and Permit No. NCO04547 1, by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for AQD�y f . l
- Concentration
$,�)n:) O.00 I of I violations of G.S, 143-215. l(a)(6) and Permit No. NCO045471, by'discharging waste water
into the waters of the State in violation of the Permit Monthly Average, for BOD. 5-Day (20 Dgg.
J2 4 �00.00 for 4 of the failures to properly monitor 0xviten. Dissolved (DOI in violation of Pernot No,
NC004547L
$550,00 TOTAL CIVIL PENALTY
111138 Enforcement Costs
j!K1338 TOTAL AMOUNT DUE
1�.irsuant 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:
(i) Fhe 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) 'rhe amount of money saved by noncompliance-
(6) Whether the violation was committed willfully or intentionally;
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 followitig:
(1) Submit payment of the penalty, OR
(2) Submit a written request fear remission, OR
(3) Submit a written request for an administrative hearing
OptiOnt: Subtfift payment of6�e pehaltyt
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
fibroo. 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
Rateigh, North Carolina 27699-1617
g ,

Submit a written request for remission or mitigation including detailed justification for such
IPlease be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to tire reasonableness rate.` 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 civil penalty assessment docurnent. Because a remission request forecloses the option of air administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare at 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:
t.l l whether one or more of the civil- penalty assessment factors in NCGS t 3 - 82,1(lk) was v rongfull}r
applied to the detriment of the. petitioner'.
(21) whether the violator promptly abated continuing environmental datna e resulting from the v^iolration.-
('3) whither the violation was inadvertent or a result of all accident
() 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 remedial actions,
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. The response will provide details regarding the case status., directions for payment, and
provision for farther appeal of the: penalty, to the Environmental Management Commission's Committee on Civil penalty
Remissions (Committee). Please he advised that the Committee cannot consider inforrxaation That was not part of the
original retnis ion 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 ter roc treat rczt rjyic ra, ytru rit tricorn lets an submit the enclosed ` best for Remission,of Civil penalties,
_
„g fiver ol` p.i r �Adnrinistrati Hearin and Stipulation of Facts" form vv°it irz thin 3() ctays of recei t cif this
notice. The Division of Water Resources also re nests that ou c oOr let., and submit tyre enclosed 'Justification for
Remission pca�uest.''
[loth forams should he submitted to the following address:
Wastewater Brandt
Division of Water resources
617 Mail Service Center
Raleigh, North Carolina 2769 -161

Option 3: File a,atitionfir an administrative
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative �qq
hearing. You may obtain the petition form from the Of cif' 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 riled
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 juay be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) ® provided
the signed original, one (1) copy and as filing fee (if as filing fee is required, by NCGS § 15041-212) is received in the
Office of Administrative Hearing p within seven (7) business days following the faxed or electronic transmission, You
should contact the Office of Administrative Hearings -vNjth.41 U(ttLstionsiggardin 1, the Litigg fee and/or the details of the
him, ill -P-r 0 —ce s s
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 (t) cony of the petition must also. be served on DEQ as follows.:
MT. 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 it) 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 Office for
collection of the penalty through a civil action. Please be advised that additional penalties inky be assessed for viola, tions
that occur after the review period of this assessment.
If you have any questions, please contact Wes Bell with the Division of Water Resources staff of the Mooresville Regional
Office at [phone] or via count at wes.bell@.,mcdenr.gov.
Sincerely,
EDocuSigned by:
Aik� " Nuvi
P61FB69A2D84A3,. for
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water ResOUTCCS, NC' EC
ATTACHMENTS
C C WQS Mooresville Regional Office - Enforcement File (L&serficbe)
NPDES Conipliance/Ertforcement Emit- Enforcement File (Lasetfiche)

VJUSTIFICATION FOR RFMISSIONIEQUEST
Case Number: LM-2018-0054 County: fredell
Assessed Party: Barium Springs Home for Children
Permit No.: NCO045471 aunt Assessed: Jk6l.38
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver.?f Right to anAdministrative Hearing, and Stipulation qf Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
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 civil penalty assessment document. Pursuant to N.C.GS. § 14313-282. I(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to Nvhy the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.I(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the aivil penalty assessment document);
(b) the violator promptly abated continuing environmental damage
resulting from the violation (i,e., explain the
steps that }jazz took to correct the violation and prevert future occurrences,);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something,you could not prevent or prepare fior);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (Le., explain
how payment of the civil penalty will prevent youfi-o,ffz performing the activities necessary to achieve
compliancq).
EjXLL_ANATION,.

4'
STATE OF NORTH CAROLINA D PA T1VIl NT l~ ENVIRONMENTAL QUALITY
COUNTY Of IREDELL
Lei THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ADMINISTRATIVE HEA I AND
STIPULATION OF FACTS
Barium Springs Home for Children
Barium Springs Home for Children WWTP
PERMIT NO, N O045471 CASE NO, I-201S-00 s4l
tlaving been assessed civil penalties totaling J661.38 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated November 1 . 201, the undersigned, desiring to seek remission of the civil penalty, does hereby
waive the right to an administrative 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 insupport of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty
( Li) 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 play of - � 20
SIGNATI-TRE
ADDRESS

ATTACHMENT A
Barium Springs
CASE NUMBER: LM-2018-0054
FACILITY: Barium Springs Home for Children WWTP
291ANOSEEM
RUM=
REGION: Mooresville
COUNTY: Iredell
Violation
Report
Unit of
Limit
Calculated
% Over
Violation
Penalty
Date
MonthNr
Parameter
Frequency Measure
Value
Value
Limit
Type
Amount
8i7/2018
8-2018
BOCK, 5-Day (20 Deg,
2 X month M911
T50
28
2713
Daily
$100,00
G) - Concentration
Maximum
Exceeded
8/3112018
8-2018
BOD, 5-Day (20 Deg,
2 X month mg/l
5
14
180.0
Monthly
$250,00
G) - Concentration
Average
Exceeded
MONITORING VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Ef_fluont
Violation
Report
Unit of
Limit Calculated % Over Violation
Penalty
to
Month/Yr
Parameter
Frequency
Measure
Value Value Limit Type
Amount
8/4/2018
8-2018
Oxygen, Dissolved
Weekly
Mg1l
Frequency
$50,00
(DO)
Violation
811112018
8-2018
Oxygen, Dissolved
Weekly
mg/l
Frequency
$0.00
(DO)
Violation
811812018
8-2018
Oxygen, Dissolved
Weekly
mg/1
Frequency
$50,00
(DO)
ViOation
8/215/2018
8-2018
Oxygen, Dissolved
Weekly
mg/l
Frequency
$50,00
(DO)
Violation

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator. Barium Springs Home for Children
Facility Name: Barium Springs Rome for Children WWTP
Permit Number: 2�(70045471
Countv: Iredell
Case Number: Leal- 2Ill8-0054
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-,
Alone documented However, the discharge qfetfluent in excess qfperit fias mmits hthe potential to ne,gat ive4y harm
natural resources,
2) The duration and gravity of the violation;
As documentedin the attached Limit violations are ire excess qf20%qfpernnIlhnits ii?7djiiilur,etry inonitor- repretints
unhimvit duration and gravitr,
3) The effect on ground or surface water quantity or quality or on air quality;
N'one doeumenied. lloivever, the discharge qfe mits, ha the liotential no nev'ltiveh4i � ff,"ect
,flziem in excess qfpermit I7
swjnce water quali�y.
4) The cost of rectifying the damage;
Unknown
5) The amount of one saved by noncompliance;
?.J`hknmvn
6) Whether the violation was corn mittedwillfully or intentionally;
A`ot considered u,i4ful or intentional.
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
A70t'-2015-L f'-0422 — Ammonia monthy average vieVation (Februat°y 201�),
NO V-201 '7-L V-0426 — pit minimum violation (February, 2017'.
NOI,,'-201 '-Ll"-0598 — BOD dail � maxinnan and monthly area ige violations (.11d, 201
Case #.LV-20177-0321 —pilminimsane violation,jeeal coliform daity maximum violation, BOD dai4' maximum and
month4y average violations 6,411v 201
ADV-201'74 1,"-0812 - Fecal eolafbrm daily nlaximum violation (August 201 -)1-
NOV-2018-L 17-0388 - BOD daily maximum and monthr average violations (January 201
Calve 4: L 1,"-2018-0184 -Ammonia monthly average violation ('elan ark, 2018,):
VOf )-2018-L t`-01 10 TSS daily maximum Violation Oune 201c�);
NOV-20184AI-00 1-4 BOD mavirnum and ntonthly average violations, dissolved oxygen monitoring violathms
(A ugus t 2 0 18,)
8) The cost to the State, of the enforcement procedures.
$I H, 38 as documented in the attached,
Enforcement Cost:
1 flour staff time. ............ ....... 3&66
1 hour supervisor time......,, ... $ 5732
Administrative /CO staff cost ....... _ ........�50g
Total enforcement cost $ 11138

11/1 201
Date
E DacuS�gned by:
P
F,eIFB69AM84A .
for W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ

FILE
ROY COOPER N,0QTH CAPOLINA
G*%axor EAWra"MMIQUWity
,N11CRANEL S,, REa-%-N
secs"Ot=7
LLN'D.A, CL-LPEPPER
'Muroft'Dir,wWr
Certified Mail #7016 1370 0000 25911674
RgtqMAe_c_ejpt R AQ99-gSd
October 16, 2018
John Koppelmeyer
Barium Springs
PO BOX 1
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV- 2018-LM-0074
Permit No. NCO045471
Barium Springs WVvTP
Iredell County
Daiw Mr. Kcr I'll Imp
A review of the August 2018 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below,
Limit Exceedance Yjqfgfig-nJ_s—L,
Sample Limit Reported
Locabon Parameter Date Value Value Type of Violation
001 Effluent BOD, 5-Day (20 Deg, Q 8/7/2018 7.5 28 Daily Maximum Exceeded
Concentration (C0310)
001 Effluent BOD, 5-Day (2-0 Deg. Q 8/31/2018 5 14 Monthly Average Exceeded
Concentration (C0310)
4 0 . 4#
Sample
Location Parameter
monitwin4
Date Frtquo" Type of Violation
iw�
North Carofina Department cif Environmental Quairty i Mvision of Water Resources
610 East Center Avenue, Suite 301, Mooresvdle,SIC 28115
704-663-1699

Sample
Loon Parameter
Moviftidng
Date wll
9=
Oman
IL
prepared.
North Carolina Department of EnwronmentW Quafity � Division of Water Resources
610 East Center Avenue, Suite 301, Nloorewdle, NC 28115
704-663-1699

0 ou have any questions concerning this matter or to apply for an SOC, please contact Wes Bell of the
u have a;y,,,
ooresville Regional office at 704-663-1699.
Sincerely,
EDoc,uSigned by:
,AWCWAF27425,-
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Mooresville Regional Office - Enforcement File (Laserfiche)
NPDES Compliance/Enforcement Unit - Enforcement File (Laserfiche)
North Carohna Department of Environmental Quality I ElMsw of Water Reszurces
610 East Center Avenue, Sume 301, Mooresville, NC 28115
704-663,1699

111mlauniama -
UABUMInamem
Facility Name,
Permit Number: NN0,10454,71
Report Period: AIMA9-3n Prior Assessments: 1 Enforcement Factor: I �00
Waterbody
Outtall 9 Outten Description Waterbody Name Classification
001 effluent to UT Duck Creek Duck Creek C
Monthly Average Limit Violations
Sample Location: Outfall 001 - Effluent
Violation
Unit of
Limit
Calculated
% Over
Date Parameter
Fre went v
Mesa ore
Value
Value
Limit
Action
B/31/201 8 BOD, 5-Day (20 Deg, C) -
2 X month
mg/l
5
14
180-0
Goncentratton
Daily Limit Violations
Sample Location; Outfall 001 - Effluent
Violation
Unit of
Limit
Calculated
% Over
Date Parameter
Frequency
Measure
Value
Value
Limit
Action
8/712018 130D, 5-Day (20 Deg G) -
2 X month
Mg/l
7.50
28
273,3
6K4-0—
Concenlration
811312018 Chlorine, Total Residual
2 X week
ug�l
117
28
643
No Action, BPJ
8/15/2018 Chtodne, Total Residual
2 X week
Ugd
17
25
47,1
No Action, BPJ
Monitoring Frequency Violations
Sample Location: Ouffall Effluent
Violation
Unit of
Date
Parameter
Frequency
Measure
Action
81412018
Oxygen, Dissolved (DO)
Weekly
Mg/l
a111/2018
Oxygen, Dissolved (DO)
Weekly,
mg/l
811812018
Oxygen, Dissolved (DO)
Weekly
Ingil
812512018
Oxygen, Dissolved (DO)
Weekly
mg,11

4i o-u&S avast. adu
tuuota qu;sts,.
-. q pataldine-)
t
�..�
:s a r a q /swat;WIOIA

Prior 12-Month Enforcement History
Permit Number: NCO045471
ReportPerjod: g_ Aiwust'2018
Limit Violation
Sample Location:
2utfall 001- Effluent
Violation Report
Violation
Date Period
Parameter
Type
moo NOV CPA
1/19/2018 1-2018
BOO, 5-Day (20 Deg C) -
Daily Maximum
NOV-201 8-LV-0388
Concentration
Exceeded
113112018 1-2018
SOD, 5-Day (20 Deg, C) -
Monthly Average
NOV-2018-LV-0388
Concentration
Exceeded
1131/2018 1-2018
Nitrogen, Arnmonia Total (as
Monthly Average
NOV-2018-LV-0388
N) - Concentration
Exceeded
2128/201B 2-2018
Nitrogen, Ammonia Total (as
to Average
NOV-2018-LV-0480 LV-2018-0184
N) - Concentration
Exceeded
6/2W'2018 6-2018
Sofids. Total Suspended -
DailMaximum
NOO-20 I 8-LV-0 110
Concentration
Exceeded
8;912017 8-2017
Coliform, Fecal MF, MFC
Daily Maximum
NOV-2017-LV-0812
Broth, 44 5 C
Exceeded
Page 3 of 3