NC0045471_Regional Office Historical File Pre 2018 (4)

ROY COOPER
Governer
MICHAEL S. REGAN
Sea wary
S. DANIEL SMIN
Demur
Certified Mail # 70.18 tt» 60 0002 '2 9 8 .91.
Return Receipt Requested
Gregory A Hea:t:��n
Barium Springs Horne for Children
PO Box 1.
Barium Springs, NC 28010
NORTH CAROL.INA
Enviromestotkit
July 2
Sf_; 3Jf CT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina. General Statute (G.S.) 14,3-215.1(06)
and NPDES WW Permit No, NC0045471
Barium SpringsHome for Children ' 'W"I"P
Case No, LV-2020-0 133
lredell County
Dear 'Ulr. Heaton:
This letter transmits a 'tit tice of \I'iol<titan and assessment of ctv
S1 1 1.38 enforcement costs) against Barium Springs Home Gr
This assessment is based upon the following facts: a revie ,° has
(DMR) submitted by Barium Spriin;s Horne for Children fo
subject facility to he in violation of the discharge limitations
No. NC0045471. The violations, which occurred in March
amount ofS36L38 ($250,00 civil penalty
been conducted of the Discharge Monitoring Report
month of March 2019„ This review has shown the
nonitoring requirements found inNPDES WW Permit
unmrnarized in Attachment. A to this letter.
Based upon the above facts, ➢ conclude as a matter of law that Barium Springs Home for Children violated the terms,
conditions or requirements of NPDES WW Permit No, NC004547➢ and G-S. 143-21 1(a.}(6) in the manner and extent
shown in Attachment A. In accordance with the maximums established by G.S. 143E-215.6A(a)(2), a civil penalty may b
assessed against any person who violate°s the terms, conditions or requirements of a. permit required by G.S.
143-215.1(a).
ovitce niantee Quality ➢ Muscat of Woe fassattrans
610 Ens Cat.tar Arrentor, Sint 301 1 M ooresridnt. Nenit °mien 281. i'�

Certified Mail # 7018 0360 0002 2099 8191.
Return Receipt Requested
Grego ry A Heaton
Barium Springs Home for Children
PO Box 1
Barium Springs. NC 8010
SUBJECT: Notice of Violation and Assessment of Penalty
f r Violations of North Carolina (.
and 'NPDES WW Permit No, \C004 471
Barium Springs Horne for Children WWTP
Case No, EV-2020-0133
Iredeil County
Dear Mr, Heaton:
This letter transmit:
4 3-2 lb
rid assessment openalty in the amount of
S 1 1 1.38 enforcement costs) against Barium Springs Home for Children.
This assessment is based upon the followin gets: a review 'has been conducted of the Discharge Monitoring Report
(DMR) submitted by Barium Springs Home for Children for the month. of March 2019. This revtieww has shown the
subject facility to be in violation of the discharge limitations andlor monitoring requirements found in NPDES WW Permit.
r o. AC0045471. The violations, which occurred in March 2019, are summarized in Attachment A to this' letter,
Based upon the above:. facts. 1 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. 143-2.15,1(a)(6) in the manner and extent
shown in Attachment A. In accordance with the maximums established by G.S. I4:3-215.6A(a)(2), a civil penalty may be
assessed against any person who violates the terms, conditions or requirements ofa permit required by C.S.
143-215,1(a).
t o E INaW civehty 1
Office, I410 Eam dare

Based upon the above findings of fact and conclusions of law. and in accordance with authority provided by the
Secretary of the Department of Environmental Qualityand the Director of the Divis,ion of Water Resources, 1, W. Corey
Basinger, Regional ,Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against
Barium Springs Home or Children:
S250..00 I of I violations of G.S. 143-215,10)0) and Permit No, NC0045471, by discharging waste water
into the waters or the State in violation of the Permit Monthly Average for Nitroaen, Ammonia
Total (as N) - Concentration
$250,00 TOTAL CIVIL PENALTY
$11_,1 8 Enforcement Costs
S„361.,:38 °TOTAIAMOUNT DUE
Pursuant to (LS. (4.3-2 15,6A(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. 143B-282,1(b), which are:
( ) The degree and extent of harm to the natural resources .of the State. to the public h alth. or to prkate 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) '[he cost of rectifying the damage:
(5) The amount of money saved by noncompliance:
(;6) Whether the violation was committed. willfully or ntentiona11,
(7) The prior record of the violator in complying or failing to complywith pi-ograms over which the Environmental
'Management Commission has regulatory authority; and.
(8) 'Fhe cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one ol the tolloing:
(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 Submit payment of the penalty:
Payment should be made directly to the order of the epartment of Environmental Quality (do not include waiver
ibrmi 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

Option 2: 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 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 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 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 he approved, the following factors shall be considered:
(-11 whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulhng trom 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 remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. 'Ihe
Director of the Division of Water Resources will review your evidence and inform you of his decision itt the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Mana.gement Commission's Committee on Civil Penalty
Remissions (('ommittee), Please he advised that the Committee cannot consider information that was not part ofthe
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 mustcomplete and submit the enclosed "Reuest for Remission of Civil Penalties,
Waiver of Right to an Administrative flearthE,,,and StiTulation of Facts" form within thirty L.30)_days of receipt of this
notice. The Division of Water Resources also requeststhat 0U complete and submit the enclosed -Justification. for
Remission Request"
Both forms should be submitted to the fol —ing address:
Wastewater Branch
Division. of Water Resources
16)7 Mail Service Center
Raleigh, North Carolina 27699-1617

e heariin sith the Offlce of Ad inist a
lf you wish to contest any statetnem in the attached assessment document you must file a petitionpettkn tor an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must tile the petition with
the Office of Administrative Hearings within thirty (30) clays of receipt of this nonce. 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.t1L and 5:00 part, except for official state
holidays. The petition may be -tiled by facsimile, (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original. one (1) copy and a tiling tee (if a -filing tee is required by \CGS §1,50B-21.2) 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 Hearings, with all questions rewdingthe filinc, fee andior the details of the
filing process.
The mailing address and teiephone and fax numbers for the ( tifice of Administrative Hearings are as follows:
67 14 Mail Service Center
Raleigh,. NC 27699 6714
'Tel: (9 I 9) 431-3000
Fax: [phone]
One (1) COy at petition must also he served on 'DE() as follows:
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 startup (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 he advised that additional penalties may be assessed ter violations
that occur after the review period of this assessment.
If you. have any questions, please contact \\ Bell with the Division of Water Resources staff of the Mooresville Regional
Office at [phone] or via email at wes.bell@ncdenr,gov.
Sincerely,
DocuSigned by:
A14CC681AF27425
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Mooresville Regional Office - Enforcement File (Laserfiche)
NI Es Compliance/Enforcement Enforcement File (Lasertiche)

steeps th t),`C i took to correct the Dwane)
Case Number:
Assessed Party:
Permit No.:
JUST!. CATION FOR REMISSION REQUEST
LV-2020-0133
Barium Springs Horne for Children
NC0045471
County: Iredell
Amount Assessed: `$361.38
Please use this form when requesting re. f this civil penalty. You roust also complete the "Request trr Remissio ,
1,17:::it'er° ofRight to an iftdmivlistrcative Hearing ,rnci 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 he aware that a request for remission is limited to consideration ofthe five
factors listed below as they may relate to the reasonableness ofthe amount ofthe 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.G.S. §. 1.438-282.1 fc1, 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 mot°e of the civil 'penalty assessactors in N,C.G.S. 1438-281
detriment of the petitioner (the assessment far.ftars re list cl in the civil peua
e wron..
1e�nt documen
(b) the violator promptly abated continuing environmental damage resulting [Min the violat
prevent future occurrences);;
(c) the violton was inadvertent or a result of t accident $,a.e,. explain why the violation was 1lnavoat
something ti ext.r could not prevent or preporr
(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, l ecessary remedial ac
how pavowut f'"tlre ciDwi penalty will prevent ylrcrtt from pa r;t'i ruing the ae
compliance).
EXPLANATIO
plied to the

COLINTN" (M IREDELL
1"FIE : ' .AT I ER .:ASSESS ENT.
iF "t\ J[ P1 ,\ImTI! t.I,1I\ T
H rlu Springs I-loni for Children
flaying bet, assessed civil pen
of Water Resources dated ,I tt r_
an administrative
at document.,
;thraaitted
No new evidence
lent
t. EP R"I I I OF F.N\''IR0\ tEi"'v F L fi .I
does ttatcttirttt 5161
2Od{l: the undersis
rag in the abovesst
signed further unde.rt;tani
e
iu st1ppcart of
ivnsic+ta tit Wat
epos.
r' 'IGI:R OF ll1ICII`I'TO AN
ADMINISTRATIVE HEARING AND
STIPULATION IO FAiCI,
2020:0133
t'tarth ira the rrssesstrie.fl tic emet cat the Div sic�r
eels renaissic rt ct1 the civil penalty. drrses Iaerelta
of s staputate t t1i the facts are as a
videnc e. presented in support tat reutisston or thi
Resources within thirty (st:?) dtt> s trt. receipt
be allowed a.tter 4v sill da,s from the receipt u
F; PE I NI
'RE
oboe

PERMIT: NC0045471
ATTACHMENT
Barium Springs Home for Children
CASE NUMBER: LV-2020-0133
FACILITY arium Springs Home for Children TP
Li
IT VIOLATIONS)
SAMPLE LOCATION: Outf it 001 - Effluent
Violation Report
Date Month/Yr Para r eter
2g1g 3-2019 Nitrogen, Ammonia
Total (as N)-
Concentration
REGION: MooresvUte
COUNTY: Irene!!
Unit of Limit Calculated A Over Violation Penalty
Frequency Measure Value Value Lirnit Type Amount
4 6 6 651 Monthly 250 00
2 X month
�t�qr"I
Average
Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Barium Springs Home for Children
Facility Name: Barium Springs Home for Children WWTP
Permit Number: NC0045471
County: Iredell
Case Number: LV-2020-0133
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; None documenteit ilowever, the discharge 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 n thached A.
3) The effect on ground or surface water quantity or quality or on air quality; None documented. ttoevever„ the
Dischitrge of treated effluent in excess of permit limitations has the potential to Itch ersely impiict natural resources.
4) The cost of rectifying the damage; Loh'.
5) The amount of money saved by noncompliance; Unkno
6) 'Whether the violation was committed -willfully or intentionally; Nast suspected to 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-LV-0422 — Ammonia (MAV) - February 2015;
NOV-2017-LV-0598 — BOD (DMV & MAV) - May 2017;
Case #: LV-2017-0321. — pH (DMV), Fecal Coliform (DMV) and BOD (DMV & MAN) - July 2017;
NOV-2017-LV-0812 Fecal Coliform (DMV) - August 2017;
NOV-2018-IN-0380 BOD (DMV & MAV) and Ammonia (MAY) - January,' 2018;
Case #: LV-2018-0184 -- Ammonia. (MAV) — February 2018;
NOD-2018-LV-01.10 —.TSS (DMV) — June 2018;
NOV-2018-LV-0724 — Fecal Coliform (DMV) — July 2018;
Case #: LM-2018-0054 BOD (DMV & MAV) and (4) Dissolved Oxygen monitoring violations — August 2018;
NOV-2018-LM-0087 BOD (DMV & MAV) and (3) Dissolved Oxygen monitoring violations — September 2018;
Case #: IN-2019-0098 — BOD (DMV & MAV) arid Ammonia (MAV) — February 2019.

The cost to ttz State
` tttrT
7727,/202
Date
t
.fo_
procedu
D u i nen b
Al4CC681AF27425
W. Corey Basinger, Regiona Supenisor
Water Quality Regional Operations Section
Mooresville Regional. Office
Division of ater Resources, N( DE