NC0045471_Regional Office Historical File Pre 2018 (6)

ROY COOPER
MICHAEL S. REGAN
sari
S. DANIEL SMITH.
Dirwrfor
Certified Mail # 701.8 0360 0002 2099 8191
Return Receipt Requested
2020
Gregory A Heaton
Barium Springs Horne for Children
PO Box 1
Barium Springs, NC 28010
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute. (G.S.) 143 21.5.1(0
and NPDES 'W Permit No. NCO0.15471
Barium Springs Flange. for Children WWTP
Case No, 1... V-2()"?0-013
lredell County
Dear ;fir. Heaton:
This lette
penalty
tir rce.me
lation and assessment of civil t ertaltw to th
costs) against Barium Springs Home for Children.
ntrf'S1,16l.:3
.050.00 civil
This assessment is based upon the 'following facts: a revie has been conducted of the 'Discharge V1onitorinp Report
1')MR.) submitted by Barium Springs Home for Children for the month of August 2019, This rev re has shown the
subject facility to be in violation of the discharge limitations andlor monitoring requirements found in NPDES WW Pern
No, NC0045471. The violations. which occurred in August 2019. are summarized in Attachment A to this letter"
Based upon the above facts, I conclude as a matter of lave that Barium Springs Home for Children violated the terms,
conditions or requirements of NPDES WW Permit No. NC0045471 and G.S. 143-2 i15.1(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 ofa permit required by C.S.
143-215,1(a)*
molity I Ohusam of W* R+esa u ces
Ai ue, &nss 301 1 MaoMoorespilie, Saab Gee 281 t

Postal Service
CERTIFIED MAIL® RECEIPT
Domestic Mail Only.
Barium Springs Home for Children
Attention: Gregory A, Heston
Post, Office Box 1
ric n� Springs, North Carolina 2€ 0 0
Basinger/0 72 720,(N OVA S C P
Sf hiD R COMPLETE T l85 SECTION
■ r p3ete t,2,"and 3.
Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the rnailpiece,
or on the front if space permits.
Barium Springs Houle for Childrrf}
Gregory A. Heston -
Post Office Box 1
h cos, North Carolina 28010
959 9402 4732 8
2. Attsc3e N
7018 0360
NOVASCP
mpi
44 5250 03
label)
0002 2099 819
PS Form 3811, July 2015 PSN 153O 02 53
COMPLETE Irit6, SECTPt N ON DELW
Demestic Re
n

ROY COOPER
votor
MICHAEL & REGAN
Sway:tory
S.. DANIEL SMITH
or
Certified Mail # 7018 0360 0002 2099 8191
Return Receipt Requested
Gregory A Heaton
Barium Springs Home for Children
PO Box I
Barium Springs. NC 28010
SUf-I,TECT
July 27, 2020
Notice of Violation and Assessmentof Civil Penalty
for Violations of -North Carolina General Statute (G.S,) 143-215. 1t:06)
and NPDES WW Permit No. NC0045471
Barium Springs Home for Children WWTP
Case No. EV-2020-0135
iredell County
Dear Mr. Heaton:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of S1,1(1,38 ($1,050.00 civil
penalty $111,38 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 Horne for Children for the month of August 2019. This review has shown the
subject facility to be in violation oldie discharge limitations andlor monitoring requirements found in NPDES WW Permit
No. NC0045471, The violations. which occurred in August 2019, 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. NC0045471 and G.S. 143-215.1(06) in the mariner and extent
shown in Attachment A. In accordance with the maximums established by G.S. 143-2 l5.6,A(a)t2), a civil penalty may be
assessed against any person who violates the terms, conditions or requirements of a permit required hy G.S.
143-215.1(a),
Nog* Cassino Devon swot et Emote -own* gsy Novas of Wats fissoussos
MIX#11#1104. C#1441#110 c 1 lEss Clots Sifts , Its Ltf Sea mold*, Nosh Eit
71344Q-3.:*:

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 Quality and the Director of the Division of Water Resources, 1, W. Corey
Basinger, Regional Supervisor, Mooresville Regional Office hereby make the follow ing civil penalty assessment against
Barium Springs Horne for Children:
S 5(1.00
S150,00
S375,00
I oft violations of Ci,S, 143-215.1(a)( ).) and Permit No. NC004547 I, 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
1 of 1 violations of (,S, 143-215,1( a)(6) and Permit No, NC0045471. by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for Nitrogen, Ammonia
Total (as N) - Concentration
1 of 1 violations of G,S 1,13-215,1(a)(6) and Permit No. NC0045471; by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for BOD, 5-Day (20 Deg.
- Concentration
P00 1 of 1 violations of G,S. 143-215.1(a)(6) and Permit No. NC0045471. by discharging waste water
into the waters of the State in violation of the Permit Monthly ,Average for Nitrogen, Ammonia
Total (as N) - Concentration
$1,050.00 TOTAL CIVIL PENALTY
$U Enforcement Costs
$1,16l,38 TOTAL AMOUNT DUE
Pursuant to G.S. 1 43-21.5.6A(c), in determining, the amount of the penalty 1 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:
11 1 he degree and extent of harm to the natural resources of the State, to he public health, or to e 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) 'Fhe amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record or 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 () days of receipt of this notice. you must do one of .the following:
IPPPPPPIP'(1) Submit payment of the penalty. OR
(2) Submit a written request for remission, OK
(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
,tbrinl, 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 detaited justificationfor 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.
Ln determining whether a remission request will be approved, the following factors shall he considered:
(1) whether one or more of the civil penalty assessment factors NCGS 143B-282.1(b) was wrongfully
applied to the detriment of the petitioner;
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 remedial actions.
Please note that all evidence presented in support of your request for remission mustbe 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 further appeal of the penalty to the Environmental .!vianagement Commission's Committee on Civil Penalty
Remissions (Committee), Please be advised that the Committee 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 cOtiWlcte and submit the enclosed -Request for Remission of Civil Penalties,_
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request,"
Both forms should be submitted to the following a.ddress:
'W ast ewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 3: File a petition for an adrntnistrati%e hearinLwitb the Office
If y01.1 wish. to contest any statement in the attached asse.ssment 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 W ithin thirty (30) daysof 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 am. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mai! by an attached file (with restrictions) - provided
the signed original. one (1) copy and a„filing fee (if a filing fee is required by -NCGS §..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 Hearings with all questions regarding the tilingfee and/or the details of the
filing process.
The mailing address and telephone and .titx numbers for the Office ofAdrninitratie Hearings are as follows.:
One (1
op
6,714 Nlail Service Center
Raleigh, NC 27699 6714
Tel: [phone],000
Fax: [phone]
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
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 fir violations
that occur after the review period of this assessment.

If you have any questions, please contact Wes Bell with the Division of Water Resottrees staff of the Mooresville Regional
Office at [phone] or via enriail at wes.he1l(34)ncrienngov,.
A FT ACHMFN TS
Sincerely,
DocuSigned by:
A14CC681AF27425„,
W, Corey Basinger. Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCHEO
Cc: WQS Mooresville Regional Office - Enforcement File (Lagerfiche)
NPOES CompliancelEnforcenlent Unit - Enforcenient File (ffiaserfiche)

Case Number:
Assessed Party:
Permit No.:
Please use this frrn
df ‘ii},er a Right to an
You should attach any docurnen
evaluating your request for remission,
":ATION FOR REM!SSIO'hi REQUEST
LV-2020-0135
Barium Springs Home for Children
NC'0045471
Count: iredell
Amount Assessed: $1.16I„38
of this civil pena:it . fc a must also complete the 'Regtwst For Remission,
imitation equest remission of this civil penalty.
upport your request and are necessary for the Director to consider in
beaware that <i _request for remission is iia ited to consideration of the live
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 violations) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.C;.S. § l ,13 B-2'82„ I (c'), remission of a civil
penalty may hegranted 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
f<tr:tor applies (attach additional pages as ne ded).
(a) one or more of`the civil penalty assessment factors in N.C.G.S. 143B-282
detriment -the petitioner
in the c'zt'tl j�e
promptly` abated continuing environmental damage resulting
2_k to co r rest t t : c°fe l tticatt and prevent !Ware c� c cnrren _ .s
iolation was inadvertent or a result of an a
s ' metl°ttng cou could riot prevent or prepare
(e) payment of
how payment rrf
compliance).
EXPLANATION:
d not been assessed civil penalties for° an,y previec
rf'ftldy applied to the
penalty s ill prevent payment for the remaining necessary remedial acti
1
ICI
ert xtr f, e lh crctls r"ties necessary to u

ATE OF NOR Flal t::u I t 1..1'ti
tt l\TY IIIREDELL
IN-17EII4. la WITT t L DICA1 SESSMENT
I°t t.If1I. 0E.Iti:L.T€ES '.tj \.IN'E
ium Springs or Children
PERMIT . " 1 1151-'
!WRIT 'ImIa 1 'i van I ..tit\Iv1I_ 1T L Q1., 1 rry
WAIVER I RITA 1 FO AN
ADMINISTRATIVE DEARING AND
STIPULATION OIL FACTS
CASE "f. I'-OO-I5
I laving been , sed civil pettatties tong lintg 1,161.3 ; ir.tr° violatirtnt t setsf rrth Itt the rtssessrrterrt rlocurnent of the
Division tit," 'atea Resources dated J�rl� _.M. t) , the undersigned, desiring il en St noes
hereby -nati e the right tar an adrtainistratiy.e hearing in the above -stated matte r and does stipulate tlfa t the facts are as
alle¢Jed in the assessment document The undersigned further understands that tilt eaiderter preserait.t9 in support of
1 penalty rn tst he stt'htrtitt d to the Director of the Division of Water Resources ii01 rt thirty t; tit days
eipt ofthe rtoti e ut'tassessrtN hen, t>` , ea in support t r rtttssiratt sect quest IN he allot t ,tit
rent. r 1. l } days
the re r:itat. -stth' notice trfs.s;
th
REST
TI_=R
PHONE

ATTACHMENT A
Barium! Springs Home for Childr n
CASE NUMBER: LV-2020-0135
PERMIT: NC0045471
FACILITY: Barium Springs Home for Children INANTP
MIT VIOLATIONS)
SAMPLE LOCATION: utfall 001 - Effluent
Violation Report
Date onth/Yr Parameter
Unlit of
Frequency Measure Value
2019 -2019 1 D -Day (20 Deg.
- Concentration
6-2619 BCD. 3-lay (20 Deg
)Concentration
6AD`96'=9 8-2019 Nitrogen, Am rcnia
Total (as N) -
Concentration
to__
co
Nitrogen Am m nnia
Total(as N)-
Concentration
REGIONor +ille
COUNTY: lr dell
It Calculated
Value
Over
mit
Violation
Type
2 X north rr7 l'i 7 60; 10 7 4 7 Daily
2 X month mate
7 64
Maximum
Exceeded
Monthly
Average
Exceeded
icommio
10 6 '213 6 Deity
Maximum
Exceeded
2 X month rr gt1
16 63 684 C` Monthly
Average
ceeied
Penalty
Amount
150 00
3'636
$37
0
0

DIVISION OF WATERRESOURCES PENALTY ASSESSMENT
Violator: Barium Springs Home for Children
Facility Name: Barium Springs Home for Children WWTP
Permit Number: NC0045471
County: Iredell
Case Number: L '-2020-0135
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or topri%atc
property resulting from the violation; None documentett Howeer„ the discharge of treated effluent its excess of
permit limitations has the potential to :tdversely impact natural resources.
2.) 'The duration and gravity of the violation; As - e, e A.
3) The effect on ground or surface rvater quantity or quality or on air quality; None documented, Dow evet°, the
Discharge of treated effluent in excess of permit limitations has the potential to adverSt.:ly impact natural resources.
4) The cost of rectifying the damage; Unknown
5) The amount of money saved by noncompliance; Unknown
() -Whether the violation was committed willfully' or intentionally.;Sept suspe 'tett to be willful 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;
NOV-2015-1N-0422 — Ammonia NAV) - February 2015;
NOV-2017-LV-0598 — BOD (DMV & MA V) - .May 201 7;
Case #: IN-2017-0321 — pil (DMV), Fecal Coliforrn (DMV) and BOD (DMV & MAV-) - July 2017;
NOV-2017-IN-0812 — Fecal Coliform (DMV) - August 201
NOV-2018-LV-0380 BOD (DMV & MAV) and Ammonia (MAV) January 2018;
Case #: LV-2018-0184 — Ammonia (MA V) — February 2018;
NOD-2018-LV-011.0 — TSS (DMV) lune 2018;
NOV-2018-LV-0724 .Fecal Coliform (DMV) —July 2018;
Case #: LM-2018-0054 — BOD (DMV & MAV) and (4) Dlssolved. Oxygen monitoring violations — August 2018;
NOV-2018-LM-0087 — BOD (DM V & MA) and (3) Dissolved Oxygen monitoring violations — September 2018;
Case #: IN-2019-0098 BOD (DM V & MA V) and Ammonia (M AV) — February 2019;
Case #: 1N-2020-0133 — Ammonia (MAV) — March 2019;
Case #: .1N-2020-0141 BOD (DMV & MAV) and Ammonia (DMV & MAN) — April 2019;
Case #: UV-2020-0185 BOD (DMV & MAV) — May 2019:
Case #: IN-2020-0203 — BOD (DMV & MAV) — June 2019:
Case #: LV-2020-0134 BOD (DMV)— July 2019.

The cost
o the Mate cif the enforcenoent procedures.
7/ 7
020
Date
Do u i ned by
, t C6a81AF 7425
Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
" oores ille Regional Office
Division of Water Resources, CDEO