NC0045471_Regional Office Historical File Pre 2018 (12)

ROY COOPER
covernor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Certified Mail # 7018 3090 0001 2328 4938
Return Receipt Requested
Gregory A Heaton
Barium Springs Horne fbr Children
PC) Box 1
Barium Springs,. NC 28010-0001
NORTH CAROLINA
Environmental Quality
December 10, 2020
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-21.5. • '6)
and NPDES WW Permit No, NC0045471
Barium Springs Home for Children
Barium Springs Home for Children WWTP
Case No. LV-2020-0355
lredell County
Dear Mr. Heaton:
This letter transmits a -Notice of Violation and assessment of civil penalty in the amount of $643.04 ($525.00 civil penalty
+ $118.04 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 of September 2020. This review has shown the
subject facility to be in violation of the discharge limitations anchor monitoring requirements found in NPDES WW Permit
No. NC0045471. The violations, which occurred in September 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(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 terrns, conditions or requirements of a .pennit required by G.S.
143-215.1(a).
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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 Home for Children:
$150.00 1 of 2 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 Daily Maximum for BOD,5-Dayk20 Deg,. C)
- Concentration
$3750 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 BOD, 5-Day (20 Deg.
C) - Concentration
$525.00 TOTAL CIVIL PENALTY
$118.04 Enforcement Costs
$643,04 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6.A(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 at G.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 Bound or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) 'Th.e amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The 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 following:
(1) Submit payment 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 not include waiver
film). 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 detailed justification for 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 ofthe 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 o-f 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,
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143 B-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;
(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 m.ust 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 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 retnission.
In order to request remissiono/ou must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Rightto an A.dministrative Hearing, and Stipulation of Facts" forin within thirty (30) days of receipt of this
notice. The Division of Water Resources also requests that vou complete and submit the enclosed "justification for -
Remission R.equest."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1.6'17

Option 3: File a petition for an ad hearing with the Officc of Administrative 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 file the petition with
the Office of Administrative Hearings within 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 8:00 a.m.. and 5:00 pin., 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 NCGS. *1.5013-23.2) 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 Hearin s 'th uestions . d.' •' the filin/ fee 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:
6714 Mali Service Center
Raleigh, NC 27699 6714
Tel: [phone]
.Fax: [phone]
One copy o the petition must also be served on DEQ as follows:
MI,, William F. Lane, General Counsel
Departtnent 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
date/time 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 review period of this assessment.
if you have any questions, please contact Wes Bell with the Division of Water Resources staff of th.e .Mooresville Regional
Office at [phone] or via email at wes.bell(Ocdenr.gov.
Sincerely,
cDocuSigned br
Pzu4s
F181 F1569A2DS4A3.,..
for
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, .NCDEQ
A.I1ACHMENTS
Cc: WQS Mooresville Regional Office - Enforcement File (Laserfiche)
NPI)ES Compliance/Enforcement Unit - Enforcement File (Laserfiche)

JUST LiFICATION FOR REMISSION REQUEST
Case Number: LV-20211-0355
Assessed Party: Barium Springs Home for Children
Permit No.: NC0045471
County: lredell
Amount Assessed: $643,04
Please use this form when requesting remission of this civil penalty, You must also complete the °'Request For Remission,
Waiver of Right to an Administrative fearing„ and Stipulation of Facts" form to request remission of this civil penalty,
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission, 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. Pursuant to N.C.Gvs. § 143B-282,1(c), remission of a civil
penalty may be granted only when one or in.ore 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
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N,CmGuS. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment,/ ictors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation
steps that you took to correct the violation and prevent future occurrences);
explain the
(c) the violation was inadvertent or a result of an accident (i.e., explain why the viol asn was unavoidable or
something you could not prevent or prepare for,),„'
(d) the violator had not been assessed civil penalties for any previous violations;
(e) paym.ent of the civil penalty will prevent payment for the remaining necessary remedial actions (i,e., explain
how payment of the civil penalty will prevent you born performing the activities necessary to achieve
compliance),
EXPLANATION:

STATE: OF NORTH CAROLINA
004TY OE I UDFLL
IN THE MATTER OF SSESSMENT
OF CIVIL PENALTIES TIF a AGAINST
Burin Springs II€ e for Children
Bariu Springs Dome for Children 'P
PERMIT NO, NC0045471
DEPA TMEN ! O EN3IIRONMENTAL QUAi ITY
WAWER OF RIGIFF'I AN
ADMINIST " FIVE HEARING AND
ST . ULAT1ON OF FACTS
CASE tl 0355
Having been assessed civil penalties totaling $64,3,04 for violations as set forth in the assessment document of the Division
of Water Resources dated Dcernber €O, 2920, the undersigned, desiring to seek remission of the civil penalty, does hereby
waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document, The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
of assessment, No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment,
This the day of
ADD f.SS
FPHh
€Iilyd TURF

PER T:
ATTACH T':A
Barium Springs Home for Children
CASE : LV-2020-0355
FACILITY: Barium Springa Ho a for Child n
T VIOLATION(S
SAMPLE LOCATION: eaii001 . Effluent
Violation Report
Date MonthiYr Parameter
REGION: Mooresville
COUNTY: irdei
Unit of Limit Calculated % Over Violation enaltyf
Frequency Measure Value Value Li It Type Amount
912/2 20 9-2 20 BOD, -Day (20 Deg. 2 X month mg R 7.50 98
- Concentration
07
Daily
Miaxirnum
Exceeded
1500 00
9/16/ 020 9-2020 BCD, 5-Day (20 Deg. 2 Xmonth mg I 7.90 8.3 10.7 Daily
Maximum
Exceeded
) - Concentration
0/2020 g_2 20 BOD, -Day (20 Deg. 2 Xmonth mgll
- Concentration
9,05 810 Monthly
Average
Exceeded
0.00
375.0

DIVISION OF WATER RESOURCES PENALTY ASSESSMENT
Violator: Barium Springs Home for Children
Facility Name: Barium Springs Home for Children WWTP
Permit Number: NC0045471
County: Iredell
Case Number: LV-2020-0355
ASSESSMENT FACTORS
1) The degree and extent of harm to the rnturai resources of the State, to the public health, or to private
property resulting from the violation;
None documented; however, the discharged of treated effluent in excess of permit limitations has the potential to 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 documented; however, the discharged of treated effluent in excess of permit limitations has the potential to adversely
impact surface water resources.
4) The cost of rectifying the damage;
Unknown.
5) The amount of money saved by noncompliance;
Unknown.
6) Whether the violation was committed willfullyor intentionally;
Not suspected to be willful or intentional, but there is a lengthy history of violations as noted below.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
NOV-2017-LV-0598 - BOD (DMV & MAV) - May 2017;
Case #; LV-2017-0321 - pH (DMV), Fecal Coliform (DMV) and BOD (DMV & MAV)- July 2017;
NOV-2017-LV-0812 - Fecal Coliform (DMV) - August 2017;.
NOV-2018-LV-0380 - BOD (DMV & MAV) and Ammonia (MAV) - January 2018;
Case #: LV-2018-0184 - Ammonia (MAV) - February 2018;
NOD-2018-LV-0110 - TSS (DMV) - June 2018;
NOV-2018-LV-0724 - Fecal Coliform (DMV) - July 2018;
Case #: LM-20I8-0054 BOD (DMV & MAV) and (4) Dissolved Oxygen Monitoring Violations - August 2018;
NOV-20I8-LM-0087 BOD (DMV & MAV) and (3) Dissolved Oxygen Monitoring Violations - September 2018;
Case #: LV-2019-0098 -- BOD (DMV & MAV) and Atnmonia (MAV) - February 2019;
Case #: LV-2020-0133 - Ammonia (MAV) - March 2019:
Case #: LV-2020-0141 - BOD (DMV & MAV) 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 #: LV-2020-0134 - BOD (DMV)- July 2019;
Case #: LV-2020-0135 - BOD (DMV & MAV) and Ammonia (DMV & MAV) August 2019;
Case #: LV-2020-0136 -- BOD (DMV & MAV) - September 2019;
Case #: LV-2020-0137 .BOD (DMV & MAV) October 2019;
Case #: LV-2020-0138 - BOD (DMV & MAV) - January 2020;
Case #: LV-2020-0139 BOD (DMV & MAV) - February 2020;
Case #: LV-2020-0140 BOD (DMV & MAV) - March 2020;

Case th V- 0- --130D (DMV & MAN') - April "? 0
Case #: LV-2D O43 1 _ BOLD (DMVs & MAV) - August 2 2
8 The cost to th+ State df the en enforcement procedures.
1 .04
12.2 0.2020
Daft
Corey Basinger, Regional fan snr
afar Quality Regional Oper lions Section
Mooresville Regional Office
Division of Water Resources, NCDEQ