NC0045471_Regional Office Historical File Pre 2018 (9)

ROY COOPER
Governor
MICHAa S. REGAN
Secretary
S. DANIEL SMITH
Devaar
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:
NORTH CAROLINA
Envirortinsittel Quality
2020
Notice of "ioiation and Assessment of Civil Penalt
for V`i latiotts of North Carolina, General Statute (0 S. )
and NPDES WW Permit No. NC004547 1
Barium Springs Horne for Children WWTP
Case No, EV-2020-01.39
Irede_li County
L)ear Mr. Heaton:
This letter transmits a Notice of Violation and assessment of
S 1 1 1.38 enforcement costs) against Barium Springs Home for
iThis assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DNVR) submitted by Barium Springs Home for Children for the month of February 2020, This review has shown the
subject facility to be in violation of the discharge limitations and or monitoring requirements found in NPDES Permit
No, NC0045471. The violations, which occurred in February 2020. are summarized in Attachment A to this letter,
38 (S70t.1 00 civil penalty
Based upon the above facts. l conclude as a
conditions or requirements of NPDES
hown in Attachment A. In accordance
assessed against any person who violates t
143 215.1(a).
atter of law that Barium Springs Home for Children violated the terms.
rnit No. NC0045471 and G.S. 143-215_ l (a)(6) in the manner and extent
iaximums established by G.S, 143-215.6A(a)(2), a civil penalty may be
°rates, conditions or requirements ofa permit required by G.S.
meat at Envecs•reeitut Qu y I t is oaf + eat Resources
rat Office I SID E. Como, Auer**, Sint° 1 4, Norte C.rassx a ?S1

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3ariurn Springs Horne for Children
Attention Gregory Ao Heston
Post Office Box 1
2�a taiit.d 3arium Springs, North Carolina 2801.0
1 CY�/b'Lat6„.d
er/07272Q/NOVASCP
2,'and
• Print your name and address on the reverse
so that we can return the card to you.
to Attach this card to the back of the mailpiece,
or on a front if space permits.
Springs Horne for Children
Att.ention: Gregory A. Heston
Post Office Box 1
!ngs, North Carolina 280,10
0 727 20/Nt)VASC P
11111 1111 I I1IIiIl
9590 9402 4732 8344 5250 03
2. Article Nu mtaer (ir sf r from service label)
7018 036E 0002 2099 8191
PS Form 3811, July 2015 PSN 7530•02-000-9053
.e pt,

Certified Mail # 7018 0360 0002 2099 81.91
Return Receipt,Regnested
Gregory A Heaton
Barium. Springs Home f'or Children
PO Box I
Barium Springs. NC 28010
SUBJECT:
Jule 27. 2020
Civil Penalty
ns of North Care ling General Statute (G.S.) 1q 215.1(;a)(6)
and NPDES WW Permit ' 1c.. NC 0045471
Barium. Springs I-lorne'fo Thildren WW`hP
Case No. EV-202.0-0139
Iredell County
Dear Mr. Heaton:
This letter trans
1 1 1.38 enforcement costs) against E3ariu
This assessment is based upon the following f-
(11)'viR) submitted by Barium Springs Home fo
subject facility to be in violation of the di,schar
No. NC004547 The violations, which cocoa
i1 penalty in the atttount of 1 1.:) (S ()t) 0() civil pen
ts: a review has been conducted of the Discharge tc nitc ring Report
Children for the month of February 2020. This review has shown the
limitations and/or monitoring requirements found in NPDES WW Permit
Wd itt Fehruary 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 vxiolated the terms.
conditions or requirements of NPDES WW Permit No. NC0045471 and G.S. 143-215.1(a)(6) in the manner and extent
shown in Attachment A. In accordance with the maximums established by G.S. 14 5-21>.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.
14;-21 6.1(a)..

Based upon the above findings of tact and conclusions of law. and in accordance with authority provided by the
Secretary of the Department of IF,nvironmental 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:
$200,90, I, of 1. violations of G,S. 14.3-215.l(a)(6) and Permit No. NC0045471. 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
$500,90 1, of I violations of G.S. 1,13-21f1.1(a)(6) and Permit No. NC0045471, hy discharging waste water
into the waters of the State in violation of the Permit Monthly Average for BOD 5-Da v 20 De.
C) - Concentration
$700,00 TOTAL CIVIL PEN Al.
$111.38 Enforcement Costs
$8ll„.3$ rOlALAMOuNT DUE
Pursuant to (J.S, 1.43-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of .1,aw and the factors set forth at G.S. 14.33-.281 (b). ,,,thich are:
(I) 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) -lhe amount of money saved by noncompliance:
(6) Whether the violation wascommitted willfully or intentionally;
(7) The prior record of the violator 11 complying or tailing to comply with programs over which the Environmental
Management 1_ ommission. has regulatory 'authority; and
(8) -Ihe 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 payment of the penalty, OR
(2) Submit a written request fOr remission. OR
(3) Submit a ‘vritten request for an a.dministrative hearing
Option -I: Submit payment ofthe penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
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. 27699-161.7

PPPPF
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 listedbelow 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 assess.ment document. Because a remission requ.est forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative h.earing and a stipulation and.
agreement that no laetual 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 he approved, the following .factors shall be considered:
( whether one or more of the civil penalty assessment factors in NCCJS 143B-282.1(h) 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;
(-I) 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 aH evidence presented in support of your request for remission must be submitted in. wring„ 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 Manag.ement 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 complete and submit the enclosed "Request for Remission of Civil Penalties.,
Waiver of Rigg to an „Administrative Hearing, and Stipulation of Facts" form within thirty (3Q) days of receipfol this
notice. 1 he Division of Water Resources also revests that you complete and submit the enclosed "Justification for
Remission Request.
Both forrns should be submitted to the -following address:
Wa.stewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a petition for an administrativebearing with the Office of Administrative Hearings:
If yOLI wish to contest any statement in the attached assessment document you must tile a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You RI List file the petition with
the Office of Administrative Hearings 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, The Office of Administrative
Hearings accepts filings iMonday through Friday between the hours of 8:00 a.m. and 5:00 p,rn., except for official state
holidays. The petition may be filed by facsimile (fax) 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 \YGS §150E3-23.2) 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 Hearittgis with all qRestions regardiriu the tilinOee and orthedetails of the
filing process.
The mailing address and telephone and lax numbers t r thc Office
6714 Mail Service Center
Raleigh. NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
-Thistrative Flearinus are as follows:
'Mr, William F. Lane, General Counsel
Deparanent of Environmental Quality
1.(01 Mail Service Center
Raleigh, North Carolina 27699-1.601
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 let -ter, as evidenced by an internal
date time received stamp (not a postmark.), will result in this rnatter 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 of this assessment.
If you have any questions, please contact Wes Bell with the Division of Water Resources staff of the Mooresvile Regional
Office at [phone] or via email at ‘ves,l)elf:ii:Ticdenr.goy.
Sincerely,
DocuSigned by:
A14CC681AF27425._.
W, Corey- Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NC DEQ
ATTACH M ENTS
(c: WQS Mooresville Regional Office - Enforcement Elie (Lasertiche)
\PDES Compliance/Enforcement 1nit - Enforcement File (Laserfichet

JUSTIFICATION FOR REMISSION RE EST
Case Number: LV-2020-0139
Assessed Party: I3ar'ium Springs Home for Children
Permit No.: C0045 }71.
Co'uuty: iredell
Amount Assessed: `581 1.38
Please use this form when requesting remission of this civil penalty. You must also complete the "Rey jue t orr Rentis.si
lVaiveer of Right to an .,c:.irniinisfr•cativ Hearing, am:1, trfm o/ Facts" form to request remission of this civil penalty.
You should, attach any documents that: you believe support y°otar request and are necessary for the Director to consider in
evaluating =orttr request for remission. `lease be aware that a request for remission is limited to consideration
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Request
remission is not the proper procedure for contesting
ation(s) occurred or the accuracy of any of the
statements contained in the civil penalty, assessment document_ Pursuant to N,C-.t:1.S, § 143f3-282.1(e ). remission of a civil
penalty may bc: ranted :tnly when one or more of the. following Live factors apply. Please check each factor that you
believe apples to your case and provide a detailed explanation, including copies of support in documents, as to why the
factor applies (attac: additional pages as needed).
one or more of`the civil penalty assessment factors in N.C.Gi.S. 1 431-3-282. l (h) were wrongfully applied to the
detriment of the petitia„rn
:actors rxre listed in the Sri "lip
(b) the violator promptly abated contutrnng environmental damage resulting front the violation (Le.,
steps that you took to correct the violation aHi. prevent 9azture carcurrenc' s,t;
inadvertent or a result of ttn accident
pror pr epa,
(d) the r°iolator had not been assessed civil penalties for any previous violations;
payment of the civil penalty will prevent payment
payment of t e : ir'il penalty w r/!prevent, vnra froth pe-
EXPLANATION:

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ATTACHMENT A
Barium Springs Home for Children
CASE NUMBER: LV-2020-0139
PERMtT: NC0045411
FACILITY: Barium prings Ho e for Children IP
IT VIOLATIONS)
SAMPLE LOCATION: utfall 001 - Effluent
Violation Report
Date MonthlYr Para m ter
2./1 `2i02ti 2-2020 BOD 5-Day (20 D
C) _ oneer:trat o
Unit of
Frequency Measure
X ;month
(2020 2-202 E D. 5-Day (20 Deg. 2 Xrt r nth mad
anntrticn
REGION: Mooresville
COUNTY: Irdll
Calculated Over Violation
Value Li'r t Type
10.7 Ua+d
Maximum
Exceeded
1/12525
Monthly
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-2020-0139
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. 1-14,»VVVer. the discharge of treated effluent in excess 0 '
permit limitations has the potential ro a(versel impact 'natural resources.
2) The duration and gravity' of the violation; As documented in Attachment A.
3) The effect on ground or surface water quantity or quality or on air quality; None documcn id IIweicr,
Discharge or treated effluent in excess or permit limitations has the potential it/ tIN ersel7, impact natural resources.
4) The cost of rectifying the damage; lin hilo+i,
5) The amount of money saved by nonco
6) Whether the violation was committed willfully or intentionally; Noi sitspi.Nete c iir intentiona
"
7) 'The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority;
.7si0V-2015-LV-0422 — Ammonia tiMAV) - February. 2015:
NOV-2017-LV-0598 — BOD (DM V & M AV) - .May 2017;
Case #: EV-2017-0321 — pF{ (DM V), Fecal Colilorm (DM V) and BOD (DM' & MA V) - July 20[7:
NOV-2017-LV-0812 Fecal Coli form (DM V) - August 201 7:
NOV-2018-LV-0380 — BOD (DMV & MA V) and Ammonia (MA V) - January 2018;
Case #: LV-2018-0184 —.Ammonia NA' February 2018;
NOD-2018-LV-0110 — '[SS (DMV) —June 2018;
NOV-2018-LV-0724 — Fecal Coliform (DMV) — July 2018;
Case #: EM-2018-0054 - BOD (DMV & \IAV) and (4) Dissolved Oxygenmonitoring violations — August 2018:
NOV-2018-EM-0087— BOD (DMV & MA V) and (3) Dissolved Oxygen monitoring, violations September 2018;
Case #: LV-2019-0098 — BCD (DIM & \IAV) and Ammonia (MAV) — February 2019:
Case #: LV-2020-0133 — Ammonia (MAV) --- March 2019:
Case 4: EV-2020-0141 — BOD (DMV & MA V) and .Ammonia (DMV & MAV) — April 2019;
Case #: LV-2020-0185 BOD (DMV & MAV) — May 2019:
Case #: ,LV-2020-0203 BOD (DMV & MAV) —June 2019;
Case #: EV-2020-0134 — BOD (DM V) —July 2019,
Case #: LV-2020-0135 — BOD (DMV & MAV) and Ammonia (DM V & MA V) — August 2019:.
Case 4; LV-2020-0136 BOD (DMV & \IAV) — September 2019:
Case #: IN-2020-0137 — BOD (DMV & MAV) — October 2019:
Case 4; LV-2020-0138 BOD (DMV & N1,AV) —January 2020.

8) The cost to the State of the enforcement procedures.
11i.38
7/27/2020
Date
DoeuSigned by:
A14CC68IAF27425.
W.. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ