NC0045471_Regional Office Historical File Pre 2018 (7)

ROY °evertor
MICHAEL S. REGAN
Secretory
S. DANIEL SMITH
Director
Certified Mail # rflt 0360 0002 2099 8191
Return Receipt Requested
Gregory A Heaton
Barium Springs Home for t
PC,) Box 1
Barium Springs. NC 28010
SC: JECT:
2020
n
`'otic,e ofViolation and Assessment of C`i °ii Penalt
for ioiiations of North Carolina General Statute (G. S.) 143-
and NPD>:~S WW Permit No, NC0045471
Barium Springs Home for Children WWTP
Case No. I.. V-2t)20-0136
-dell County
Dear Mr. Heaton:
6)
This letter tra:nsrnits <a Notice of Violation and assessment ofcivil penalty in the amount of S636,38 (S5"25.00r civil penalty
SI 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
(D R) submitted by Barium Springs Horne for Children for the month of September 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 September 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 vA. the terms,
conditions or requirements of NPDES WW Permit No. NC0045471 and G.S, 143-215.I(a)(6) in the manner and extent
shown in. Attachment A.. In accordance with the maximums established by, G.S. 1 a 5 215,6A(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 f a).

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or on the front if space permits.
Barium Springs Home for Childrefil
AttenLioni Gregory A, Hest:oil--
Pest Office. Box 1
BariLirn Springs, North Carolina 28010
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Certified Mail .4 '7018 0360 0002 2099 8191
Return Receipt Requested
July 27„ 2020
Gregory A Heaton
Barium Springs Home for Children
PO Box I
Barium Springs, NC .28010
SUBJECT: Notice of Violation and Assessment of Civil Penaltv
for Violations ofNorth Carolina General Statute (G.S. 43-215,1(a)(6)
and NPDES WW Permit No, NC0045471
Barium Springs Home for Children -WWTP
Case No, EV-2020-0136
iredell County
Dear Mr, Eleaton:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $636.38 ($525.00 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
(EMR) submitted by Barium Springs Horne for Children for the month of September 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 September 2019, are summ.arized 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. NC004,5471 and G.S. 143-215..100) 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 antv person who violates the terms. conditions or requirements of a permit required by G.S.
143-215.10j,
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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 following civil penalty assessment against
Barium Springs Horne for Children:
5150,00, J of 1 violations of Ci.S. 143-215.1(06) and Permit No. N( 0045471, by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for 1300,5-Day (20 Deg., C)
- Concentration
$375.00
1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No, NC0045471, by. discharging waste ‘vater
into the waters of the State in violation of the Permit Monthly Average for BOD, 5-Day (20 Deg.
C) Conccntralion
S2 00 TOTAL CIVII.„ PENALTY
5111,:i.,8 Enforcement Costs
TOTAL AMOUNT DUE
Pursuant to G.S. 1.43-215.(iA(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 n (r.S„ I4V3B-282.1(b). which are:
Th e degree and extentof harm to the natural resources of the State, to the public health, or to private property
resulting. from the violation;
(2 1 he duration and gravity oldie violation;
(3) 'Fhe effect on ground or surface water quantityor quality or oil air quality;
(4) The cost at rectifying the damage;
(5) The amount of money saved. by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record. of the violator in complyin.g. or failing to comply with programs over which the Environmental
Management Commission has regulatory tiuthority; 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 following:
(I) Submit payinent of the penalty, OR
(2) Submit a written request for remission. OR
(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 !tot include waiver
formi. 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
161'7 Mail Service Center
Raleigh. North Carolina 27699-'1617

P" 2: Submit a written request for remission. or mitigation including a detailed justification for such
PIPFP°Pti
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 Os 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 nearing 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 be approved, the following factors shall be considered:
(I) whether one or more of the civil penalty assessment factors in iNICCiS 143B-282.1(b) was wrongfully
an -plied to the detriment of the petitioner:
(2) whether the violator promptly abated continuing environmental damage resulting from the violati
(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. The
Director of the Division of VVater 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 'Management Commission's Committee on Civil Penalty
Remissions (Committee). 'P(ease 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 complete and submit the enclosed "Request fur Remission of Civil Penahiesi„
Waiver of Right to an /kdininistrative Hearing, and Stipulation. of„Facts" form within thirty (30) days of receipt of this
notice, The Division of -Water Resources also req.:itests that You complete and submit the enclosed "justification for
Remission Request."
Both Corms should he submitted to the following, address:
Wastewater Branch
Division of Water Resources
6 I 7 Vtafl Service Center
Raleigh,i\/orth Carolina 27699-16'17

Option 3: File a petition for an administrative hearing with the Office of Administra ive He gs:
If you wish to contest any statement in the attached assessment document you must rile a petitionfor 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 iovithin 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 Administrative
Hearings accepts filings Monday through Friday between the hours of 800 adu, and 5:00 p,m,, except for official state
holidays, 'The petition may he filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed. original,. one ( I) copy and a tiling 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. ,Ystn_
should contact the Office of Administrative Hearings with all questions regarding the 11141E.), tee and or the details of the
filing process,
The nailing, address and telephone and fax numbers for the Office of ,Ad
6'714 Mail Service Center
Raleigh, NC 276.9967E1
Tel (919) ,4,1-3000
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as 'fo11oss:
Mr, William 1 Lane, General, Counsel
Department of Environmental Quality
1601 \tail Service Center
Raleigh. North Carolina 27699-1601
ha:nye Hearings are as fol
Please indicate the case number (as fOund on page one or this letter) on the petition,
Failure to exercise one of the options above within thirty (30) days otreceipt' of this letter, as evidenced by an internal
dateitime 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 revie.,,k, period of this assessment.
If you have any questions, please contact Wes Bell with the Division of Water Resources staff (tithe Mooresvffle Regional
Office at C04)2.35-2192 or via. email at wes,,bellnedenr,gov.
Sincerely,.
DocuSign by:
A14CC681AF27425
W. Corey Basinger, Regional Supervisor
'Water Quality Regional. Operations Section
Mooresville Regional Office
Division of Water Resources, NC.DEQ
ArTACHMENTS
Cc: WQS Mooresville Regional Office Enforcement Fite (taserfiche)
NPDES Compliance/Enforcement Unit - Enforcement File (Easel -fiche)

JUST I 'ICATION Ir OR REM ON RE(
Case Number, EV-2020-0136
Assessed Party: Barium Springs Home for :hildren
Permit No.: \C0045471
Please use this form when request]
Waiver of Right to an Adr.
You should attach any documer
atartti ycttr request for remi
s listed helo~Mv ,aas the
'EST
County: lredell
Amount Assessed: S036
scion is not the proper procedure far contesting whether the violation
statements contained in the civil penalty assessment document. Pursuant to V.C,.ti.ti. § 1.43B-282.1tx0. remission of a civil
penalty may be granted only when one or more of the following live factors apply, Please check each li ctor that sctaa
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),
Est also complete the ',Rep For R errssfon.
font to request remission of this civil penalty.
you heliewre support your request and are necessary for the Director to consider in
Please be aware that a request for remission is limited to consideration of the five
ableness of the amount .of the civil f'enalts assessed. Requesting
ed or the accura.cv° of any of the factual
(at) one or more of the civil penalty assessment factors in ti.C.C,.'~l. 143Y-282. 1 (h) were wrongfully applied tc
detriment of the petitioner (the assessmentad in the civil pen'dry assessment document):
(h) the vti :tlaator promptly abated cot
sieps that voua took tr1 correct the violation It`1Ca prevent
payment of
j.
s inadvertent or a result of
acci
eriait1
age result}n
exp/ rin ca'rrtl
(rOnr the violatio
vvfious visl;atitrns;
vi16' prevent payxmer.tt for the remaining necessary remedial actions (Le_ eel
c'tivities n °e .sir hieve

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ATTACHMENT
Barium Springs Home for Children
CASE NUMBER: EV-2020-0136
PER IT: NC0045411
FACILITY, Barium Springs Ho e for Children TP'
SIT VIOLATION(S)
SAMPLE LOCATION: Outfall OOP Effluent
GION: Mooresville
COUNTY: Iredell
Violation Report Unit of Limit Calculated ci Over Violet r Penalty
Date MonthiYr Parameter Frequency Measure Value Value Ll it Type Amount
0019 -2019 BOO, ,_ yay (20 De^g. 2 X month matt 7 50 14 5 94 r Deity 615E 20
x. - Concentration Maxemen
Exceeded
9-221 g BOO,5 Day 2g Deg 2
Cam) - t2 ancentrator
loratnl'y
Average
Exceeded

DIVISION OF WATER RESOURCE - CIVIL PENALTY ASSESSMENT
Violator: Barium Springs Home for Children
Facility! Name: Barium Springs Home for Children VV-
Permit Number: NC0045471
County: iredell
Case Number: LV-20/0-0136
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 exce,ss 1)1°
permit limitations has the potential to adversely impact natural resources.
:2) The duration and gravity of the violation; As il()CliMell iul i Attacheil
3) The effect on ground or surface water quantity or quality or on air quality; None documentot 1-lowever. the
Dischat7i,e of treated effluent in excess of permit limitations. has the potential to adversely impact natural resources;
4) The cost of rectifying the damage;
5) The amount of money saved by noncompliance; Unknown
6) Whether the violation was committed willfully or intentionally; NO SIISINCted 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-201,54N-0422 - Ammonia (MAV) - February 2015:
NOV-201,74N-0598 - BOD (1DMV & MAV) May 201.7;
Case #: EV-2017-0321 - (DM V), Fecal Coflfoim (DMV) and BOD (DMV & MAV( luh 7( 7;
NOV-20174N-081.2 Fecal Coliform (DMV) - August 2017;
NOV-2018-LV-0380- BOD (DMV & MA V) and Ammonia MAV) - January 2018:
Case #: LV-2018-0184 - Ammonia (MAV) February' 2018;
NOD-2018-IN-0110 (DNIV) - June 2018.
NOV-2018-EV-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 (DMV & 'MAV) and Ammonia (IMM) February 2019;
Case #: LV-202041.33 - Ammonia (MA V) March 2019:
Case #: LV-2020-014I - 'BOD ( DMV & MAV) and Ammonia (MTV & MAV) -April 2019;
Case #: LN-2020-01,85- BOD (DMV & MA V) - Ma 2019;
Case #: 'LV-2020-0203 - BOD (DMV & MAV) June 2019:
Case #: LV-2020-0134 -BOD (DMV) -July 2019;
Case #: LV-2,020-0135 BOD ( DM V & MA V) and Ammonia ( DMV & MA V) - August 2019,

8) The cost to the Sint+
7/ 27Z 2
Date
': Corey Basinger, Regional perils r
water Quality Regional Operations Section
8400resville Regional O Office
Division of Water Resources, NCDEQ