NC0045471_Regional Office Historical File Pre 2018 (5)

ROY COOPER
a wernor
MICHAEL S. REGAN
secretary
S. DAIIL SMITH
ra
Certified Mail # 7018 0360 0002 2099 8191
Return Receipt. Requested
7, 2.020
Gregory A Heaton
Barium Springs Horne 'or Children
Pa Box l
Barium Springs, NC 28010
SUBJECT: 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, NO0045471
Barium Springs Horne for Children WWTP
Case No. EV-2020-0134
Iredel.l County
Dear Mr, Heaton:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount cif $236.38 (5125,00 civil penalty
S 111.38 enforcernent 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 July 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 July 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,Sr 143-215.1(0(6) in the manner and extent
shown in Attachment A. in accordance with the maximums established by G,S, 143-2 i ti.6A(a)('22), 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).

CERTIFIED< L: R CE
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Barium Springs Home for Children
Attention: Gregory A. Heston
Post Office Box 1
f3arium Springs, North Carolina 28010
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ROY COOPER
&vow
MICHAEL S. REGAN
Suratary
S. DANIEL wax
Dinrctor
Certified Mail # 7018 0360 0002 2099 8191
Return Receipt Requested
Gregory A Heaton
Barium Springs Home for Children
PO Box 1
Barium Springs, NC 28010
SUBJECT:
July 27, 2020
Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 43-215.1(a)(6)
and NPDES \V Permit No. NC0045471
Barium Springs Horne for Children my-fp
Case No. LV-2020-0134
iredell County
Dear Mr, Heaton:
This letter transmits a Notice of Violation and assessment ofcivil penalty in the amount of S236,3,. 125,00 civil penalty
S111.38 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
([)MR) submitted by- Barium Springs Horne for Children for the month of july 2019. This review has shown the subject
facility to he in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No,
NC0045471. The violations, which occurred in July 2019, are summarized 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 ofNPDES WW Permit No. NC0045471 and G.S,143-215,1(a)(6) in the manner and extent
shown in Attachment A. En 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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With

Based upon the above findings of tact and conclusions of la.w, 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:
$1.2 5.00
of 1 violations of G,S, 143-215.1(061 and Permit No. NC004547 1, by discharging waste Water
into the waters of the State in violation of the Permit Daily Maximum for BOD, 5-Da v (20 Deg. C)
Concentration
5125.01) TOTAL CIVIL PENALTY
I1..3,8, Enforcement Costs
$236,38 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c,), in determining the amount of the penalty1 have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth. at (.S. 143B-282,101), which are:
(1) The degree and extent of harm to the natural es yr the State, to the public health, or to private property
resulting ,from the violation:
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;
Fp The prior record of the violator in complying or ,failing to comply with programs over winch the Et vi. mmenta
.Management Commission has regulatory authority; and.
(8) The cost to the State olthe enforcement procedures.
Within thirty (30) days ol receipt- his notice, you must do one ofthe tb11ovon.
) 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 wal ver
'Oral Payment of the penalty will not foreclose further enforcement action for any continuing or new violationts),
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 requestission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the f-ie factors listed below as they may
relate to the ireasonableness of the amount of the civil penalty assessed, Requesting remission is not the proper
procedure for contesting hether 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
believethe 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,
(1 ) hether one or more of the civil penalty assessment factors in NC( S 143B-282.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator .promptly abated continuing environmental damage resulting from 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 TeMedial
Please note that all e,vidence presented in support of your request tbr 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 inatter of
your remission request, The response will provide details regarding the case s,tatus, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (( ommittee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director, 'Iherefore, it is very important that you prepare a complete and
thorough. statement in support of your request for remission.
In order to request ret tsaonyou. must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, and „Stipulation of Facts" form within thirty i30) days of receipt c„)f this
notice. 1 he Division or Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Reoest,”
Both fortns should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

!111111rrr'' Option 3: File a petition for an administrative hearing with the Office of Administrative ings:
if you wish to contest any statement in the attached assessment document you must tile a petition for an administrative
hearing,. You may obtainthe petition form from the Office olAdministrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice \ 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 800 a.m. and 5:00 p.m., except for official state
holidays. 1The petition may be filed by facsimile (fax) or electronic mail by an attached tile (with restrictions) - provided
the signed original. one (1) copy and a tiling fee (if a filing fee is required by NC(S §150B-21.2) is received in the
Office of Adininistrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of .Administrative Hearings. with all Questions regarding the tiling fee andfor the, details of the.
filirwrocess,
'The mailing address and telephone and fax numbers for the Office of strati ve Hearinos. are as follows:
67 4 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax [phone]
One ( copy ofthe pennonalso 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
dateltime 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 may be assessed for violations
that occur after the 'review period or this assessment.
If you have any qtiestions. please contact Wes Bell with. the Divi:sion of Water Resources staff of the Mooresville Regional
Office at (704) 235,-2192 or via email at wes.bell(i-i!ncdenr.gov.
Sincerely,
DocuSigned by:
A14CC681AF27425...
W. Corey Basinger, Regional Supervisor
Water Quality -Regional Operations Section
'Mooresville Regional Office
Division of Water Resources, NCDEQ
ATIA.CHMENTS
(c: WQS Mooresville Regional Office - Enforcement File Wasertich)
NPDES CompliancelEnforcement 1nit - Enforcement File (Laserfiche)

Case Number:
Assessed Party:
Permit No.:
JUSTIFICATION FOR REMISSIONRFOLTEST
.LV-2020-0134
Barium Springs ;Home for Children
NC0045471
County: Iredell
Amount Assessed: $236,38
Please use this Corm when requesting remission of this civil penalty, You must also complete the "Request Far Remission,
'V1;16:fiverof Right to an Administrative Hearing and Stipulation of Fac ts" .form to request remission of this civil penaity.
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 tactual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S„ § 14.3B-282.1(e), remission of a civil
penalty may he 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.(.G.S. 143B-282. itb) were wrongfully applied to the
detriment of the petitioner (the assess me,nt !actors are liste(i in the penalty assessment document):
(b) the violator promptly abated continuing environmental damage resulting from the 'violation (I,e_ (,),:plain the
steps that von took, to correct the violation and peen(tittue ()cc Ur renC es);
(e) the violation Was inadverlent or a result of an accident eAplain 'why the violation was unavoidable or
something you could not prevent or prepar(?fig:),-
0) the violator had not been assessed civil penalties for any previous violations;
te) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (Le_ e,,(plain
how payin entol' the cii d penalty pre'voat 17 771 trompe.)16rming the ace:tivities ,ne cessary to achieVe
Compiioncei
EXPLANATION:

TTE OE NORTH iCittit
CC)..1s"tY OF IRE DELI,.
01 CI-VithiPENA.ISTIES,\( Al SI
Bariutti Springs licitrie for `hildr
F'1 1l`l' NO. NC"t.O teid
F.Pik P l t t t l C 1RO IME.\"1 \1 QE., ,i_1TY
'WAIVER OF RICH" 'I`0 .
D 1NISTR TIV 1 RI (r AND
STIPULATION OF FACTS
CASE l' t . 1 V- 0-0 4
E a tg been arse Seri ci'il penalties totalint "a003 for violati 1n(s) .ts srt tortl ire the assessment
to "at Resources dated Juni war cl rsidried, (lest ri ek remission (ft penal.
the riF)rt to an administrative bearin tile above-statedaboverstated inatter ancd does stipulate that the facts art
t docttntent. The ur1drrsiq, ed further Urtr1 rstands that ill e =idenc°e presented in support of
perm ltt,.. n1ust he submitted to t0. Director of the Division of Water c crrces s+ itltr¢a'thirt ,) st)) days of
of Massessrrtettt, wct rrewv vidence in support of ren issioa request Will be allcs Fc l after 43tt} days from tl
notice c
darn o
ADDRESS
i
'E1 1 PE1C
ip1
receipt ok' the

ATTACHMENT A
Barium Springs Home for Children
CASE NU.. LV-2020-0134
PERMIT,. IT,.NC0045471
FACILITY arium Springs Home for Children . TP
IT VIO TION(S)
SAMPLE LOCATION: Dutfall poi - fffuent;
Violation Report
Date onth/Yr Para eta
REGION: Moores
COUNTY: Nr deil
Unit of Calculated Over Violation
Frequency Measure Value Value Limit Type
7tr`21 1 7-2019 P l -Day 0 Deg
} on er4tr t8i r1
2 X month- rrra tl
Penalty
Amount
7 50 9 2 22.7 C)a€6y $125 00
Marrnurrr
Exceeded

DEVISION 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-2020-0134
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 documented. However, 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 in At titcheil A;
3) The effect on ground or surface water quantity or quality or on air quality; None documen cd; However. the
Discharge of tr-C.Itifti anti en 1 in excess of permit limitations has the potential to adversely impact natu ra I resources,.
4) The cost of rectifying the damage; Unknown
5) The amount of .money saved by .noncompliance;
% 11
6) Whether the violation was committed willfully or intentionally; Noi suspected to be Mini or intentional;
7) The prior record of the violator in complying or !Tailing to comply with programs over which the
Environmental Management Commission has regulatory authority;
NOV-2015-LV-0422 — Ammonia CAA V) - February 201.5;
NOV-2017-1A-0598 BOD(DMV MAN) - May 2017;
Case #: LV-2017-0321 — pH (DMV), Fecal Coliform (DMV) and BOD (DM lAV) - July 2017;
NOV-2017-EV-0812 — Fecal Coliform (DMV) - August 2017;
NOV-2018-LV-0380 BOD (DMV & 'MAV) and Ammonia (MAV) - January 2018i
Case #: LV-2018-0184 — Ammonia (MAV) — .February 2018;
NOD-20:18-LV-011.0 — "FS'S (DMV) —June 2018;
NOV-2018-IN-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 #: LV-2019-0098 BOD (DM\ & MAV) and Ammonia (.7vIAV)— February 2019:
Case #: LV-20.20-01.33 — Ammonia (MAV) — March 2019;
Case #: LV-2020-0141 — BOD (DMV & MAV) and Ammonia (DMV & MAV) — April 2019:
Case #: LV-2020-0185 BOD (DMV & MAN) — May 2019;
Case #: EV-202,0-0203 — BOD (DMV & MA V) June 2019.

he eo t to the t t : of the enforcement procedures.
182
0
date
DocuSidned by:
1AF27425
.:.
W. Corey Basinger, Regional ,l upe isor
Ater Quality Regional Operations;ectior
Mooresville Regional Office
Division of Water Resources, N D t