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HomeMy WebLinkAboutNC0045471_Regional Office Historical File Pre 2018 (10)ROY COOPER Governor MICHAEL S. RECAN Secretary S. DANIEL SMITM Certified Mail # 7111 tr1 fi60 0002 2099 8191. Return Receipt Reque! tet'.1 Gregory A Heaton Barium Springs lforne for Children PO Box Barium Springs, NC 2i10 SUBJECT: Dear M:r, Notice of \fiolation and Assessment of Civil 'Penalty for Violations of North Carolina General Statute (G.S.) l43 215.1(a.)0 ) and NPDES WW Permit. No. NC0045471 Barium Springs Home for Children WWTP Case No, E.V-2020-0140 Iredell County This letter transmits a Notice of Violatrott an S1 1 1.38. enforcement costs) against Barium Springs Home for Children. This assessment is based upon the folcts: a review has been conducted of the Discharge Ionitorin.g Report (DMR) submitted by Barium. Springs Home. for Children for the month of March 2020. This review has shown the subject facility to be inviolation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0045471. The violations_ which occurred in March 2020, are summarized in Attachment A to this letter. Based upon the above facts. 'conclude as a matter of law that Bariurti Springs Horne for Children violated the terms, conditions or requirements ofNPDES W`W Permit No. NCO045471 and G.S. 143 1 1(ad6) in the manner and extent shown in Attachment A. in accordance with the maximums established by G S, ➢ 43 215.6A(a)(2). a civil penalty may be assessed against any person Who violates the terms, conditions or requirements ofa permit required 143-215,1(a). ent o'civil penalty in the amount of S811.38 ( 00.00 civil pena. iDs Service ERT1F1EDM ttL RECEI it Only Fo. clots D Ri ru a Q' Q Mutt S4;Rreature R Adid1 Saj thre Rest ccxtl Doevevy. S C3 iP4st3ge3 _ '_ © TQRaI Posts! to To a irP sri.d '2, • Print your ecae and address on the reverse urn the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. Barium Springs Horne for Children Attention: Gregory A. Heston Post Office Box 1 Bariurn Springs, North Carolina 28010 Barium prlr2 Atternt 0 9402 47 come ry A. h Box1. i Carolina )80 1i0 NOVA, MCP 8344 5250 03 2. Article Number (Transfer from service label) 7018 0360 0002 2099 81,9 Forrn3811,July2015PSNTSSo0 er,707�720/NQVA'SCP eied by = , Nar + YES,~ def#very adds AUK . Service' o Adutt 4gttaf o erti ectt la o certttd l+ r tist cvt a rrrrtt 0 erast� o Insured 1�Aui rover aS O) tpt ROY COOPER Govemor MICHAEL S. REGAN sectioary S. DANIEL SMITH DimUr Certified Mail # 7018 0360 0002 2099 8191 Return Receipt Requested Gregory A Heaton Barium Springs Home for Children PC) 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 (GS.) 143-215.1(06) and NPDES WW Permit No. NC0045471 Barium Springs Home for Children WWTP Case No. LV-2020-0 140 lrederl County Dear Mr. Heaton: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of S811...38 (S700.00 civil •penaity $1 11.38 enforcement costs) against Barium Spr•ings 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 or Children for the month of March 2020. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDFS WW Permit No. NC0045471. The violations, which occurred in March 2020, are summarized in Attachment A to this letter. Based upon the above facts, 1 conclude as a matter of law that Barium Springs Home for Children violated the terms, conditions or requirements of .NPDES WW Permit No. NC004547 I 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. 43-215.6A(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). No40 C4iNe D1tpotroetat of tovw cameo* Quokty t Deision Watt Removes 444,4,4ov44 Rogoosi 410 East New VI 1 $4444esortio, nti ote 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: S200.00 t of 1 violations of G.S. 43-215.10)(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 S5.00,90 j of I violations of G.S. 143-2 15„ (06) and Permit Na, NC0045471, by discharging waste Water into the waters of the State in violation of the Permit Monthly Average for HOD, 5-Day (20 Deg. (') - Concentration $700,00 TOTAL CIVIL PENALFY $1 11„38 ;Enforcement Costs 581118 TOTAL AMOUNT DUE Pursuant to (3.S: 143-2 5.6A(cli, in determining the amount of the penalty! have taken into account the Findings of .Fact and Conclusions of Law. and the .factors set forth at (i.S. 143B-282.1(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 cot of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally: (7) The prior record oldie 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. V birty (30) days of receipt of this notice. you must- do one &the following: ) Submit payment of the penalty, OR (2) Submit a written request for remission,. OR (-3) Submit a k.k.riuen 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 „7bri70. Payment et the penalty will not foreclose further enforcement .action for any continuing or new violation(s), Please submit payment to the attention oft Wastewater Branch Division of Water Resources 1617 Mail Service. Center Raleigh. North Carolina 27699-1617 Option 2: Submit n 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 live factors listed below as they may relate to the reasona.bleness 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 he 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, In 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 in iNC(S 14313-282.1(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; 0) whether the violator had been assessed civil penalties for any previous violations: or 15) 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 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 he 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 vou must cOMplete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing. and Sti illation of Facts" form within thirty (31)1day,s, of receipt olthis notice, 'File Division of Water Resources also requests that vou complete and submit the enclosed "Justification for Remission Request - Both forms should he submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh., North Carolina 27699-11617 Option 3: a petitiond t ative hearing with the Office of Ad rative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing, You may obtain the petition form from the Office of Administrative Hearings, You must the the petition. with the Office of Administrative Hearings within thirty (30) days of receipt dans notice. A petition is considered tiled ‘hen 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 a.m. and 5:00 p.m:, except for official .state holidays. The petition may he filed by facsimile (fax) or electronic mail by an attached tile (with restrictions) - provided the signed original, one (1) copy and a filing fee Of a tiling 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 tiling fee and/or the details of the lino_process. The mailing address and telephone and fax numbers for the Office of Adtninrtrane Hearings are as follows: One ( copy of the peti 6714 Mail Service Center Raleigh, NC 2'7699 (714 'Fel: (919) 431-3000 Fax: (919) 431-3100 ist a1so be served on ,DEQ as follows: Mr„ William I', Lane. General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh. North Carolina 27699-1601 Please indicate the ease number (as found on page one of this letter) on the petition Failure to exercise one of the options above within thi.rt,y (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 ci i action. Please be advised that additional penalties may ,he assessed for violations that occur after the review period of this assesstnent: If you have any questions, plewe contact V Bell with the Division of Water Resources staff of the Mooresville Regional Office at (704) 235-2192 or via email at wes:belVi:i0cdenr.gov. Sincerely: DocuSigned by: Al4CC681AF27425_ W, Corey Basinger, Regional Supervisor Water Quality Regional Operations Section .Mooresville Regional Office Division of Water Resources, N( DEQ ATTACI-IME,NTS Cc: WQS Mooresville Regional Office - Enforcement File Waserfiche) 'NPDE,S CompliancelEnforcement 1nit - Enforcement .File (Laserfiche) JUSTIFICATION FOR REMISSION REQUEST Case Number: I' ' 20,20-0I40 Assessed Party: Cantina Springs 1lorrie for Children Permit No.: NC00454?' County. lredell Amount Assessed: $81 i.38 Please use this to penalty. You must also complete the "Recquce. t £ ar Rerni;�,sr 1' river of Right to r.in Administrative fIecirino request remission of this civil penalty. You should attach any documents that you believe support your request and are necessart, for the Director to consider in Your request for remission. Please he aware that a request for rentrs ,it to rs lirttited to consideration of the ted below as they may relate to the reasonableness of the amount of the ciw`il penalty assessed, Reque= e fir contesting whether the violation(s) occurred or the accuracy of any of the fa State ntents contained it°t the civil penalty assessment document, Pursuant to N C..G_S. § 1,13B-282.1(c). rem penalty rnav be granted only when one or more of the follow' n five factors apply. Please cheek. each factor that you believe applies to your case and provide a detailed explanation, includin?_copies ofsupporting documents, as to why the factor applies (attach additional pages as needed). one or more of the civil penalty assessment ittaettt tttite petitioner (the assessment %dung; (b) the violator promptly abated cc st€p that you took to correct the t=iti something EXPLANATION: ors Ira h,C ,OJ.S. re �atstescf in the n 4 B 282.1(b) were wro 1 damage resu n was inadvertent or a result of an accident { r° t , expiri a t been assessed civil penalties liiat an&` previous violations: ppiied to the TTEr• FiNDRTH,CARQL11 :DEPART: diCOUNT ,, 7I I R E DELitt,. I T1IF vI 1'I' FiEdRidOli Fr1,S, tiNT . ENS I" Ba pr°in s I orn toChild PF.1MIT I. NC rip been arse titer Rtesortrc 1 ialrr tc arr arrr'ir�1 asrrrrrt rlt cumarrt Its rrrtrst be subrr No r neut., F' T OF 1 1 V'°IRO M[ N1 AL QUM 11T" WAIVER OF R1r[ TIT TO AN ..DM1? I TR iT1 `F HEARIN vAND TIPTI, T1O ti OF F, (:T Cit 010 40 d civtil ptnaait es ttrttahnp S81 1 38 for vial rtittrt(s1 as I`tarth irr the a- to 1ir0nt docu 1 t°tt I the Did°i Ion A J3.4 lv 27 �.t 1 the untieDined It sirira tcaeek of 1v°dd penalty, dot I¢era y te deadly- irr the above -stated r ttrtt r rand that stipralat dart tls t rc.ts are as alleged in 1he The undersigned turd ra r carrder tantls tlaart III vidence presented in support trt at vril fitted to the Director dF tir E ivisitrra of Waiter Resources dvitlrir thirty C d days ref r ccipt of th L000st Wit! be allowedafter (311) days fr0rrt the rc,c0i t of adenc 1 of I RE1SS PERMIT: NC0045471 FACILITY: Barium S s H r e for Children TP ATTACHMENT A Barium Springs Home for Children CASE NUMBER: ER: L.V- 0 0-0140 I�M IT VIOLATION(S) SAMPLE LOCATION: utfall 001 Effluent Violation Report Date Month/Yr Para meter 7 "` 02C" 3-2020 BOO 5-Day 120 Deg cncentrats n REGION: Mooresville COUNTY:Peden Unit of t.drrdt Calculated % Over Violation Penalty Frequency enure V ue Value Limit Type Amount X month 21,8 45,3 Fully Maxtrnurtt Exceeded 200 112020 3-20 0, BCD, ®tray I 0 Deg nonth rn r,8 10 61 0 Monthly Concentration Average Exceeded 000.0[ DIVISION OF WATER RESOURCES - CIVIL PENALTY hi,SSES 1Y ENT Violator: Barium Springs Home for Children Facility Name: Barium Springs Home for Children WWTP Permit Number: NC0045471 County: Iredell Case Number: LV-2020-0140 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; How e‘ cr. the diseliari4e of treated effluent in t,'"1,1'eSS of permit limitations lias the potentiiil to miNersciii impnet natural resources; 2) The duration and gravity of the violation: As (locument.ed in A ttachme 3) The effect on ground or surface water quantity or quality or on air quality; None documented; 1.1(ws ever. the Iiischarge .of treated effluent in eiieess of permit inn it a 1111S has the potential to ;adversely impactnatural resources; 4) The cost of rectifying the damage; nkn 5) The amount of money saved by noncompliance; Unknown 6) Whether the violation was committed ssillfuHv or intentionally; Nui. suspected to he willful oir 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-2017-LV-0598 BOD (DMV & .MA V) - May 2017: Case #: LV-2017-0321- pH (DMV), Fecal Coliform (DMV) and BOD (DMV & V) Julv 2017; NOV-2017-EV-0812 Fecal Coliform (DMV) - August 2017: NOV-2018-1N-0380 - .BOD (DM V & MAV) and Ammonia (MA V) - January 2018; Case #: LV-2018-0184 - Ammonia NAV) - February, 2018: NOD-2018-EV-0110 - TSS (DMV) June 2018; NOV-2018-LV-0724 - Fecal Coli form (DMV) - July 2018; Case #: LM-2018-0054 - BOD (DMV & MA V) and (4) Dissolved Oxygen monitoring violations August 2018; NOV-2018-L1-0087 - BOD (DMV & MAV) and (3) Dissolved Oxygen monitoring violations ---- September 2018; Case #: LV-2019-0098 - 'BOD (DM V & MA V) and Ammonia ( MA V ) - February 2019: Case #: LV-2020-0133 - Ammonia (MiN V) - March 2019; Case Th LV-2020-0141 - BOD (DMV & MA V) and Ammonia (DMV & MA - April 2019; Case #: EV-2020-0185 BOD (DMV & MAV) - May 2019: Case #: LV-2020-0203 - BOD (DMV & MAV) - June 2019: Case #: EV-2020-0134 - BOD (DMV) -July 2019: Case #: EV-2020-0135- BOD (Dmv & MAV) and Ammonia (DMV & MAV1-- August 2019. Case #: LV-2020-0136 - Case #: LV-2020-0137 - Case #: LV-2020-0138— Case #: :EV-2020-0139 BOD ( DM V &MAV) BOD (DMV & MA V) - BOD ( DM V & M A V) BOD (DMV & V) - September - October 2019, - January 2020: - February 2020. Tb. cost to the Sta of tit 7/ 7/ 020 nfo e ent procedures. Date Duignect try; i . Corey Basinger, Regional Supervisor Water Quality r Regional Operations Section vlo ares lle Regional Office Division of Water Resources, N DE