NC0045471_Regional Office Historical File Pre 2018 (8)

ROY CAPER
Q
NUMMI. S. REGAN
Socreury
S. DANI L SMITH
Director
Certified Mail # 7018 0360 0002 2099 8191.
Return Receipt Requested,
Gregoor , A Heaton
Barium Springs Horne for Children
POBox l
Barium Springs, NC 2801.0
SUBJECT-
2020
of ce of" A'iolation and Assessment of C: i vil Penalty
fret Violations of North. Carolina General Stat rte ((S,) 143-215.l('a
and NPDES WW Permit No. NC00454
Baritmr Springs Home for Children WWTP
Case No. 1_AT-2020-0 1 38
Iredell County
Dear Mr. Heaton:
This letter transmits a N tice of Violation and assessment r. f cia=il penalty in the amount of 5
S 1 1.1..38 enforcement costs) against Barium Springs }-come. for Children.
civil penalty
This assessment is based upon the following facts: a review has keen ctnducted of the Discharge Monitoring Report.
(DMR) submitted by Barium Springs Home for Children for the month of Januarw 2020. This review has shown the
subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit
NC0045471, The violations, which occurred in January 2020, are summarized in Attachment A to this letter.
Based upon the above facts, 1 conclude as a matter of lave that Barium Springs Home for Children violated the:, terrrr.s,
conditions or requirements of NPDES WW Permit No. NC004547 1 and G.S, 143-215,100) in the manner and extent
shown in Attachment A. In accordance with the maximums established. by G.S. 143-2.15.6A(a)(2), a civil penalty may be
assessed against and person who violates the terms, conditions or requirements of a permit required by C.S.
14-215.1(a),
favrsenmentac Quality I Di vs9on of Water Resawross
610 Elks der Avenue, eke 3Oi Moorerritte, t o Giminvii,28111$

S. Postal Service''
CERTIFIED I RECEI
mystic' f a" if Onl !
Fur rietiverY infer
V it-
mt
( Postman(
Here
Barium Springs Horne for Children
Attention: Gregory A, Heston
Post Office Box 1
Ba -i.um Springs, North. Carolina 28010
B sin ner1072720,/NOVASCP
THfS sec
om etett ,2 andi
• Print your name and address onthe reverse
so that we can return the card to you
▪ Attach this card to the back of the mailpiece,.
or on the front if space permits.
arihm Springs Home for Chi dr n
Attention: Gregory A. Hest,c.ri.
Post Office Box 1
?ill i ar f pr.ings, North Carolin28010
OVAsCP'
IIIIII Ih Iflll!YIII i11111 i I III II
9590 9402 4732 8344 5250 03
2. Article Number (Transfer from service labeO
7018 ( 60 0002 2099 8191
1p
PS Form
my 2015 PSN 7530 02-000-9053

POY CCXWER
aevenor
holICHAEL S. REGAN
S000ttOrY
S. DANIEL SMITH
Certified Mail # 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 Penalty
for Violations ofNorth Carolina General Statute (G.S.) 143-215. 'a .6'
and NPDES NsVW Permit No. NC0045471
Barium Springs Home for Children WWTP
Case No. EV-2020-0138
iredell County
Dear Mr, Heaton:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $811,38 (S.700,00 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
(DMR) submitted by Barium Springs Home for Children for the month ofianuary 2020. This review has shown the
subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES W\V Permit
No. NC0045471. The violations, which occurred in January 2020. are summarized in Attachment A to this letter.
Based upon the above facts, 1 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(016) in the manner and extent
shown in Attachment A. In accordance with the inaximums established by G.S. 143-215,6A(a)(.2), a civil penalty may be
assessed against any person \-vho violates the terms, conditions or requirements of a permit required by G.S.
143-215.1(a),
COMO,. Doportmoot Enwormootok @alit, I Di 'tk000 of Wow Rosooroot
Rope et %to 14119 Eta Canto( AWINOO, %AO 3M. f*Toorrovtio,
1,4 9
Cowin

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 a,ssessrnent against
Barium Springs Home for Children:
$200.00 1 of 1 violations of („i.S, 143-21,5.1(a)(6) and Permit No, NC0045471. by discharging waste water
S500,00
into the waters ot'the State in violation of the Permit Daily Maximum for BOD, 5-Da v (20 Deg. ( )
Concentration
1 of i violations of G.S. 143-215,10)(6) and Permit No, NC004547l, by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for ROD, 5-Dav (20 Deg.
C) - Concentration
S700,00 'TOTAL CIVIL PENALFY
$11..1,38 .Enforcement Costs
$811.38 TOTAL AMOUNT DUE
Pursuant to G.S.'1.4.3-215.6,A(c). in determinin.g the amount of die penalty 1 have taken into account the Findings. of Fact and
Conclusions of La and the factors set forth at (4.,S. 1.43B-282. I.(b). which are:
(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;
(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 by noncompliance:
(6) Whether the violation was committed willfully or intentionally-,
(7) 'Fhe prior record of 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 (30) days of receipt of this notice, you must do one of the fol towing:
) Submit payment of the pen.alty. OR
(2) Submit a written request for remission, OR
(3) Submit a written request, for an administrati've hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do trot include Waivel-
fiA-m).. Payment of the penalty will not -foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attenflon 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 he aware that a request for remission is limited to consideration of the live factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remissionis not the proper
procedure for contesting whether the violationts) 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 rightto 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 he 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 he considered:
t ) whether one or more of the civil penalty assessment factors in .tiC(IS 1,43B-282,1(h) was
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 inadvertentor 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 ail evidence presented in support of your request. for remission must be submitted in writing,. -[he
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 Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that \vas 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 find submit the enclosed "'Request for Remission of Civil Penalties.
Waiver of Right to an Administrative Hearing'and Stipulation of Facts" form within thirty "C301 days of receipt of this
notice, The Division of Water Resources also requests that von compiete and submit the enclosed "justification for
Remission Request,
-
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh. 'North Carolina 27699- 617

Option 3: File a petitionfor an administrative hearing with the Office of Administrative Hearings:
If you wish to contest anti statement in the attached assessment document you rust tile a petition for 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 Hearing 5 .within thirty (30) days of receipt of this notice, A petition is considered tiled
when it is received in the Office of .Administrative Hearings during normal office hours., 'Phe Office of Administrative
Hearings accepts filings Nionday through F rida\ between the hours of 8:00 am, and .5:00 p.im„ except for official state
holidays: 'Ffie petition may be tiled by facsimile (tax) or electronic mail by., an attached file (with restrictions) - provided
the signed original.. one (1) copy and a filing fee (if a filing fee is required by \CGS §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 Agestions regarding the tilingfee 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:
671,4 Mail Service Center
Raleigh, NC 27699 671,4
Tel: (919) 43 I -3000
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as fol lows:
Please indicate the case
Mr., f Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-160 I
as found on page one of this letter) on the petiti
Failure to exercise one of the options above, within thirty (30) days of receipt of this letter, as evidenced hy an internal
dateltime received stamp (not a postmark). will result in this matter being referred to the ,Attorney cienerars Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed fbr violations
that occur after the review period of this asse,ssment.
If you have any questions, please contact Wes Bell with the Division of Water Resources staff of the Mooresville Regional
Office at [phone] or via email at wes.hellca ricdenr.gov.
Sincerel,
DocuSigned by:
Al4CC681AF27425
.W, Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACTIME,NTS
Cc: WQS Mooresville Regional Office - Enforcement File (I„,asertiche)
NPDES CompliaincelEnforcement 1nit - Enforcement File (Lasertiche)

Case Nurnher:
Assessed Party:
Permit No.:
JUSTIFICATION FOR REMISSION REQUEST
LV-2020-0138
Barium Springs Horne for Children
NC00454 .71
County: lredell
Amount Assessed: S811,38
Please use this lomi. when requesting remission of this civil penalty, You must also complete the "Request For Remission,
Waiver of Right to an „,,,idministrative Hearing, and Stipulation gi.Facts" form to request remission of this civil penalty.
You should attach an 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 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., Pursuant to N.C.G.S. § 143B-282.1(c). remission of a civil
penalty he granted only when one or more of the following fi e 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,G.S. l43B82 l(b) were wrongfully applied to the
detriment of the petitioner (the USVessmem 14'; wtory are listed in the nviL pe(2alty t,ISSe SS Me n ( document):
tb) the violator promptly abated continuing environmental damage resulting from the violation vpiain the
steps that you look to correc t the violatiOn and prevent ti4tiere occurrences,o
(c) the violation was inadvertent or a result of an accident (i.e.., explain why tile violation was unavoidatic or
some thing ).,ou could not p,re vent or prepare fOt;,)
(d) the iolator 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 explain
hon payment i')Rhe e ivil penalty prevent yotifrom peifi.»-ming (he activities nec essary to achieve
compliance).
EXPLANATION:

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ATTACHMENT
Barium Springs Home for Children
CASE NUMBER: LV-2020-0138
PERMIT: NC0045471
FACILITY: Bart m Springs Home for Children TP
IT VIOLATION(S)
SAMPLE LOCATION: utfall 00'l Effluent
Violation Report
Date MonthlY Parameter
17112 0 1-202 1
REGION: Mooresvllle
COUNTY: TY: Ir dell
Unit of l,.irit: Calculated 0 Over Violation Penalty
Frequency Measure Value Value Type Amount
130 5-Day (20 Deg. 2 X month rrigl`i 15 23,7 58 g t1aul 200 00
Maximum
Exceeded
1 - Concentration
11 11202 1-2.020 B l 5-Day ( 0 Deg 2 X ono r th rr gt
) v Concentration
Monthly
Average
Exceeded
00 )

DIVISION OF WATER RESOURCES - CIV.
PENALTY ASSESSMENT
Violator: Barium Springs Home for Children
Facility Name: Barium Springs Home for Children WWTP
Permit Number: NC0045471
County Iredell.
Case Number: LV-202O-0138
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resou
property resulting from the violation; None documented, o e er the ali.charge of treated effluent in ex
permit limitations has the potential to adversely impact natural resources.
s of the State, to the public health, or to private
The duration and gravit of the violation; As documented in ,Attached ;1.
) The effect on ground or surface water quantity or qu
L)tseha rge ()rtre.
t CCSS ut`Irerntit lintitttti(
4) The cost of rectifying the damage; l nknow
.) The int of money saved by noncompliance; t nknov rt
Whether the v
r on air qualit
ation was committed willfully or intent! ally; Not' satstaec.tetI icy be willful or
The prior record of the violator in complying or g to comply with programs over which
Environmental :Management Commission has regulatory authority;
NOV-2015-LV-0422 — Ammonia (MA V) February 2015:
NOV-201.7-LV-0598 — BOD (D IV & MAV) - May 2017;
Case #: LV-2017-0321 — pH (DMV). Fecal Coliforrn (DWI ) and 13O1)(D'v1V & MAV) - July 2t:
NOV-2017-LV-0812 — Fecal Colitortrr (DMV) - August 201.7
NOV-2018-11 -0380— BOD (DMV & \IAV) and. Ammonia (MAV) - January 2018.
Case #: LV-2018-01.84— Ammonia (MAV) February '2018:
NO©-2018-LV-0110 — ISS (D[V1V) June 2018
NOV-2018-L,V-0724 —Fecal Colitorm (DMV) — July 2018;
Case #: LM-201.8-0054 — BOL) (DMV & MAV") and (4) Dk o
NOV-2018-LM-0087— BOD (DMV & \IAV) and (3) Dissolved Oxygen monitoring vio
Case #: LV-2019-0098 — BOD ('DMV & \IAV) and Ammonia (MAV) — February 2019:
Case #: LV-2020-0133 —Ammonia. (MAV) -- March 2019;
Case #: LV-2020-0141 — BOD (DMV & v1AV) and Ammon(
Case #: LV-2020-0185 — BOD (DMV & MAV) — May 2019„
Case #: LV-2020-0203 _ BOD (DMV & 'MAN) —June 2019:
Case #: LV-2020-0134 -m- BOD (DM V°) — giulu" 2019;
Case #: LV-2020-0135 — BOD (DMV & MAV) and Am
orti
d Oxygen mo.
(DMV & \1AV) April 2019;
Case #: LV-2020-01.36 BOD (DMV & MAV) — September 2019:
Case #: L.V-2020-0137 — BOD (DMV & MAV) — October 2019.
AV) — August
the
yrzs — August 2018;
s September 2018;

The c0
o the State of procedures,
7/ 27 2i 20
Date
Dgned b®
Al4CC681AF27425.::
Corey asr, r°, Regional dupe isor
Water Quality Regional Operations Section
o essille Regional Office
Di ison of Water Resources, INCDEO