NC0045471_Regional Office Historical File Pre 2018 (3)

RC)Y COOPER
cgivemor
MICHAEL S. REGAN
Seaweary
S. EWNDEL SMITH
Meow`
Certified Mail # 7018 0360 0002 2099 8191
Return Receipt Requested
Gregory A Heaton
Barium Springs Ho me for Children
PO Box 1
Barium Springs, NC 28010
NORTH CAROLINA
pM
July 27, 2020
Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina, General Statute (G,S,) 143-215,1`a)(6)
and NPDES WW Permit No. NC0045471
Barium Springs Home for Children WWTP
Case No, LV-2020-01.37
Iredell County
on:
Tlris Ietter transmits a Notice of Violation and assessment of civil penalty in the amount of $636.38 (S525.00 civi'i penatty
Sl 1 1.38 enforcement costs) against Barium Springs Home for Children.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR.) submitted by Barium Springs Home for Children for the month of October 2019. This review has shown the
subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit
No. NC0045471. The violations, which occurred in October 2019, are summarized in Attachment A'to this letter.
Based upon the above facts, I conclude as a matter of law that Barium. Springs Horne for Children violated the terms,
conditions or requirements of NPDES WW Permit No, NC0045471 and G.S. 143-215.1(a)(6) in the manner and extent.
shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be
assessed against any person who violates the terms, conditions or requirements of a permit required by G.S.
143-215.1(a).

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Barium
sip ''information, vi att Our au F l,#O at,tiateattiaPa.a0
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Springs Home for Children
A' lion.: Gregory F , Heston
Post Office Box 1
prings, North Carolina 28010
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mum Springs Home for Childs
Attention: Gregory A. Heston —
Post Office Box t
7gs, North Carolina 28010
9402 4732
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ROY COPE!
Governor
MICHAEL S., RE secretary
S, tIEL SMDirortor
Certified Ylail # 7018 0360 0002 2099 8191
Return Receipt Requested
July 27, 2020
Gregot A Heaton
Barium Springs Home for Children
PO Box 1
Barium Springs, NC 28010
SUBJEECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(tt;)(6)
and NPDES WW Permit No. NC004.5471
Barium Springs Home for Children WWTP
Case No. LV-2020-01.37
Iredell County
Dear Mr, l ieatom
This letter transmits t `ot:ice of Violaticw
Sl 1 1..38 enforcement costs)against Ba
and assessment of civil penalty in the amount of S636.38
ttrn Springs Home for Children,
5.00 c
1 penalty
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR.) submitted by Barium Springs Horne for Children for the month of October 2019, This review has shown' the
subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit
No. NC0045471. The violations, which occurred in October 2019, are summarized in Attachment A to 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 WW Permit No. NC0045471 and G.S. 1 4 3-215 1.(a)(6) in the manner and extent
shown in Attachment A. In accordance with the maximums established by G.S. 5.6A(a)(2), a civil penalty may be
assessed against any person who violates the terms, conditions or requirements of a penttitrequired by G.S.
1,43-2I5,1(a),

Based upon the above findings of fact and conclusions °flaw... and in accordance withauthority 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:
$150.00 "of 1 violations of G.S. 143-215.1(a)(6) and Pennit No. NC0045471., by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for BOD, 5-Day (20 Deg.. C)
- Concentration
$375.00
I of I violations of G.S.1.43-215.1(a)(6) and Permit No. NC00454.71, by discharging waste ater
into the waters of the State in violation of the. Permit Monthly Average for BOD, 5-Dav (20 Deg.
C) - Concentration
$525.00 TOTAL CIVIL. PEN—TY
SI 11.38 Enforcement Costs
$636.38 TOTAL AMOUNT DUE
Pursuant to G.S.143-215.6A(e), in determining the amount of the penalty1 have taken into ;account the Finding,s of Fact and
Conclusions of Law and the factors set forth. at G.S. 143B-282,1(b), which are:
(1) 'The degree and extent of harm to the natural resource s 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 hy noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or fading to complywith 'programs over which the Environmental
Management Commission has regulatory authority; and
(8) Elie cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you. must. do one oldie 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 I: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
6)rm.). Payment of the penalty notAbreclose 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

P" 2: Submit a written request for remission or mitigation including a detailed justification for such
FIPP°Pti
request:
Please he 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. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied hy 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 a detailed statement that establishes w-hy you
believe the civil penalty should he remitted, and submit it to the Division of Water Resources at the address- listed below.
In determining whether a remission request will he approved, the following factors shall he considered:
ri) whether one or more of the civil. penalty' assessment factors in NC(S 143B-282,1(h.) a ronifuIly
applied to the detriment of the petitioner:
(12) whether the violator promptly abated continuing environmental damage resulting fromthe 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
). 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 he submitted in writing, The
Director oft -he 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 'fiirther appeal of the penalty to the Environmental Management Commission.'s Cormnittee on Civil Penalty
Remissions. (Committee), Please be advised that the Co-nunittee 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 -Respest for Remission of Civil Penalties,
Waiver of Right to an Administrative }learn. and Stipulation of Facts" torni within thirtyA3OLdays of receipt of this
notice. 11 he Division of Water Resources also requests that vorn1eteaijand submit the enclosed -Justification for
Remission Request
. -
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources.
161'7 Mail Service Center
Raleigh, North Carolina 27699-16 I

Option : File a petition for an administrative hearin..' with the Office of Adrninistrative Hearings:
If you wish to contest any statement in the attached assessment document you -must file a petition for an administrative
hearing. 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 Adrninistrative
Hearings accepts filings Monday through Friday between the hours of 8:00 un and 5:00 p.m., except for official state
holidays. The petition may be tiled by facsimile (fax) or electronicmail by an attached file (with restrictions) - provided
the signed original„ one ( ) copy and a filing fee (if a filing fee is required by NC(iS §150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You.
should contact the Office of Administrative 1Ieainigjth Ilq,uesiions r lardino. 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:
6714 Mail Service Center
Raleigh, 'N( 27699 6714
Tel: [phone]
Fax: (919) zl31-3100
One ) copy of the petition must also be Served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate thecasenumber (as found on page one of this lett the petiti
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, ,<Ls evidenced by an internal
date time received stamp (not a postmark). will result in this matter beim„!, referred to the Attorney General'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 review period of this assessment.
if you have any questions, please contact Wes Bell with the Division of
Office at (704) 235-2-192 or via email at wes.bellAncdenr.gov.
Sincerely.
DocuSigned by:
A14CC681AF27425
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDFQ
r Resources staff o f the Mooresville Regional
ATTACHMENTS
Cc: WQS Mooresville Regional Office - Enforcement File (Easertiehe)
.:NPDES Compliance/Enforcement Unit - Enforcement File (Easerfiche)

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-1020-0137
Assessed Party: Barium Springs Home for Children
Permit No.: NC0045471
County: Iredell
Amount Assessed: $636 38
Please UST this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to. at? Administrative Hearing, and Stipulation of 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 civilpenalty assessment document. Pursuant to N,C.CI,S. § 14'3B-282,1(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 why the
factor applies (attach additional pages as needed),
(a) one or more of the civil penalty' assessment factors in N.C.Ci,S. 143B-28,2.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b.) the violator promptly abated continuing environmental da.mage resulting from. the violation (1,e,, explain the
steps that yOU toak lo correct the violation and prevent iiiture occurrence));
(c) the violation was inadvertent or a result of an accident (i,e,, tivplain why the violation was unavoidable or
something „you could not prevent or prepare ;
(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 payinenl of the Civil penalty will prevent yoieti-om performing the (xlivitieS necessary, to achieve
compliance),
EXPLANATION:

STATEOP 'NORTH ii2A.ROICIlNIA DEPARTMENT :OF 'lliNVIRONMENTAITQLTAISITY
IN 'TH„E"mATTERGFSASSESSNTBNT
OFTCIVILTPENALTIESSAGAINST
Barium Springs flume for Children
PftiB1ITiNOUNGOd0dilli
WAIVER OF RICLIT TO AN
ADMINISTRATIVE HEARINI; AND
STIPULATION OF FACTS
CASE O. LA-2020-0137
laving been assessed civil penalties tottiting S0r0.38 for violation(s) as set forth in the assessment document of the Division
of \Neater Resources itched Julp 2 2020, the Un dersigned, desiring to seek remission of the chill permit:, 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
tissessment docitment, The undersigned furt1 k s nd s that all evidence presented Ps support of remission of rids civil
penalt, must be stibmitted to the Director of the Division of Viiater Resotirces s hirty 30) days of receipt or the riptide
of assessment. neiv evidence in support or a remission request will be allowed atter is30) days from the receipt of the
notice oil assessment,
ustser_theis idayroll
20
SIGNATURE
ND.DRESS
11 E PHONE

ATTACHMENT
Banu prings Home for Children
CASE EV- 020-01 7
PER T: NC0045471
FACI@ ITY: Barium Springs Home for Children TP
1T VIOLATION(S)
SAMPLE LOCATION: Duffed EfEffluent
Violation Report
Date Month/Yr Parameter
1912t 019 10-2019 . 5-Day (20 Deg
C ncentr ton
REGION:
COUNTY:
ooresville
,da
Unit of Limit Calculated ° Over Violation
Frequency Measure Value Value Limit Type
2 X month m `l 50 8 57 14 3 Dwly
Maxerturn'
Exceeded
p53. 5-ley 9O Deg 2 x n n digit
Concentration
$ Monthly
Average
Exceeded
Penalty+
Amount
$150 0

[SJSION OF WATER RESOURCES - CIVILPUNALTY ASSESSMENT
Violator: Barium Springs Home forChildren
Facility; Name: BariumSprings Home for Children WWIP
Permit Number: NC0045471.
(ounty; Ire(lell
Case Number: LV-2020-013
ASSESSMENT FACTORS
I) the degree and extent of harm to the natural resources of the State, to the public health, or to private,
property resulting from the 'V io 'attar"; None documented. However. the (lawful rige of treated effluent in excess of
permit limitations has the potential to adversely impact natural resources,
2) The duration and gravity of the violation; As documented M 11Jchcd A.
3) 'r he effect on ground or surface water quantity or quality or on air quality: None ..icumented, lowever. the
Discharge of treated effluent in excess i„d" permit limitations has the potential to adverse impact natural re sourc es,
4) The cost of rectifying the damage; 1 oknoys-D
5) The amount of money saved by noncompliance; nknn n
() Whether the violation was committed willfully or .intentionally; Not suspected m be willful or intentional.
The prior record of the violator in complying or failing to comply, with programs over which the
Environmental Management Commission has regulatory authority;
NOV-2015- EV-0422 - Ammonia (NIA V) - j'ebruary 201.5;
NOV-20174N-0598 BOD (DMV & MAV) - May 2017:
Case #: EV-2017-0321 - p11 (DMV), Fecal Coliform (DMV) a„nd BOL '& MANI) - july 20 7;
NOV-2017-LV-0812 - Fecal ( olirbrm (DMV) .August 20
NOV-2018-LV-0380 - BOD (DMV & MA V) and Ammonia MA V) - January 21)18:
Case #: EV-2018-0184 - Ammonia (MAV) - February 2018:
NOD-2018-LV-0110 TSS (DMV) -June 2018
NOV-2018-LV-0724 - Fecal Coliform (DMV) -July 2018,
Case #: LM-2018-0054 - BOD (DMV & MANI) and (1) Dissolved Oxygen monitoring violations -- August 2018;
NOV-201.8-LM-0087 BOD (DM & iMAV) and (3) Dis,solved Oxygen monitoring violations - September 2018;
Case #: EV-2019-0098 BOD (DMV & MA V) and Ammonia (NAV) - February 2019;
Case 4: LV-2020-0133 - Ammonia NAV) - March 2019
Case #: EV-2020-0141 BOD ("DWI & MAV) and -Ammonia (WV & MAV) - April 2019;
Case #: EV-2020-0185 - BOD (DMV & MA V) - May 201 9
Case #: LV-2020-0203 - BOD (DMV & MA V) --June 2019
Case #: LV-2020-0134 BOD (DMV)-Rtly 2019:
Case #: LV-2020-0135 - BOD (WV & MAV) and Arrintonia (DMV & MANI') -- August 20-19;
Case #: EV-2020-0136 - BOD (DMV & MA V) -- September 2019,

8) The cost to the Stai
he nfc
7/27/L020
Dat
nt procedures,
DocuSi tied by
Al4CC681AF27425
` . Corey Basinger, Regional Supervisor
Water Quality Regional Operations,Section
Mooresville Regional Office
Division of Water Resources, NCDFQ