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NC0045471_Regional Office Historical File Pre 2018 (13)
child en's hope mber IS, 2020 V. Corey 'Basinger SuperN isor y Regional C)perations Sri Regional Office of Water Resources, NCDEQ Notice of Violation and Assessment of Civil Penalty For Violations of North Carolina General Statute ((LS.) 143-215. 1(a)(6) And NPDES VVW Permit No. N(0045471 Barium Springs Iloiue for Children Barium Springs Home for Children WWTP Case Number: I..V-2020-0341, irede1l County Mr. l3.asirager, Thank dated Novena At the time one till ongoing cha1ienges in treatment prompted two IBt)I:) rlrtiiy rrrax naum vie resulting also in a monthly average excecdance.As of current, repairs are in turnaround tune of 30 days. (.riven the insufficiency of the trearttrnern.t components, paramount in remediating the facility's non-compliance. 'iarium Springs Flo • November .`5 during the August 2020 rnonit pportu Our response g period, As a childrel and we appreciate the i seriously and are working l intt atcaount by the Division when proceed and repa s utzs Sincere 1 Springs Home for Children Robert 4i'lnte, E:ai3 Joshua Powers, I-r apacr and fi Meted arc a major do take compliance with NC D[ic ntiota in these matt I ECEItVEI /NCDEt r l FE/ _ 2 2021 S MOORESV➢CCE REGIONAL OFFICE d to the Notice of Violation Bard to the following r progress, 1V'ith only ugust 4th and August 1 Sth, I stages with an csttttrtated id filter repairs are childr n's hope December 1 S„ 2020 Mr. ‘,' , t ore°,° Basin Redioua' Water Ouality 1 egiortal Operatic Mooresvillc. regional:?Itxce Division of'1 `ata r I esaararces Subject: Notice of Violation a For Violations of North Carohr And NPI)f. S W\V Permit No. NC00454 Barium Springs home for Childrert Barium Springs Flame for Children 'iVWWrFP t:`ase Number: IN-2020-0341, lredell County Mr, Basinger„ Thank you for aliowing Barium Springs Hon dated November 19, 2020; receive) Novemh v iaaltation.s that occurrent during the August 43-215, !(a)( en the of porturn tc respond to the Notice of Violation )ur restrt -ink period, in re. gard to the follow it ag noncompliance events, restoration of the sand filters was still itt progress, With only orac tiltcr aaratit e sand repairs underway, limited filtration. capacity w us continuing to impact the facility. The ongoingmpted two HOD daily maximum violations, on :August 4t.h and August 18th, result:dnl also in a taacrnthly aaverage erceedancc. <As ofcurrent, repairs are in their final stages with an estimated turnaround time of p t s. Cii °en the insufficiency of the treatment components, the sand filter repairs are paramount in rcmediating the compliance. 1.s a children's home with limited resources, the r pairs being crampleied are a major in and we appreciate the Division's willingness to work with us. Re do take compliance with NC I)l1'( pctaaait verb seriously and are working hard to meet: effluent limits. It is our request that our attention in these m afters lac taken into acccaunt by the Division when proceeding with enforcement. Sineer CC: Robert White. F:n iroiirak Joshua Potters, l.invirolink chdren's hope December IS, 2020 Mr., W. Corey Basinger Regional Supervisor Water Quality Regional Operations Se Mooresville Regional Office Division of Water Resources, NCI.)EQ Subec¢: Notice of Violation and Assessment of Civil Pe rah. For Violations of North Carolina General Statute And NPDES WW Permit No. NC0045471 Barium Springs Home for Children C;ariur a Springs Home f r Children WWTP C"rase Nunaherr 1 \' 20'?0-(t341, Iredell County ak )„,o r dated Novem violations that occurred during 43-215. IC 6 g Barium Springs tlrttate. fiat C:'Iailalrett the. opportunity to respond tra the Notice eat' 9. 2020;.rece vied November 25, 2020. Our response below is in regard. August 2020 monitoring period. At the time of the following noncompliance events, restoration ofthe sand filters was still in progress. ‘Vith only one filter online and repairs underway, limited filtration capacity was continuing to impact the facility. The ent prompted two RtJIJ daily rntar.violations, on August 4th and August. 1 Sth, o in a monthly average exccedancc. As of current, repairs are in their final stages with an estimated. turnaround time of 30 days. Given the insufficiency of the treatment components., the sand filter repairs are pa.raanaount in remediating the facility's non-camplianare. As a children's house with limited resources, the repairs- being crtmpleted are a major investment fear our t< and we appreciate the Division's willingness to work with us, e tlt'.t take compliance with NC DEQ permit vet seriously' and are working hard to meet eftlu.ent limits. It is our request that our attention itt these matters be taken ferret ttc rcttint by the Division when proceeding v°ith enCiarcenaczat. Sincere" Barium Springs Ho CC: Robert \Whist . toshua. Po lank cIC1 Jt3R RPltlslw4lwi R Case Number: L°V-2020-0341 Assessed Party: Barium Springs Home for Chiidren Permit No.: NC0045471. County: Iredell Amount Assessed: $793,04 Please use this form when requesting remission of this civil penalty. You must also complete the equest For Remission, Waiver of Right to an Administrative Hearing, 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.OS. § 143B-2811(c), remission of a civil penalty may be granted only when one or more of the following Live 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. 143B-282,1(b) were wrongfully applied to- the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences), (c) the violation was inadvertent or a result of an accident (le., explain why the violation was unavai"dable or something you could not prevent or prepare for),° (d) the violator had not been assessed civil penalties for any previous violations, (e) payment of the civil penalty will prevent payment for the rernaining necessary remedial actions (i,e, exain /low payment of the civil penalty will prevent you from performing the activi'tiies necessary to achieve compliance). NATION: At the time of the tLLollcawing noncomlaliarta e events, restoriation of the sand filters only one 'filter online and repairs underway, lir'rt_ited filtration capacity was continuing to intl..:cac The ongoing challenges in treatment prompted twvo BUTT) ail)P maximum violations, on August 4th and August i8th, resulting also in a monthly average exceedanee. As of current, repairs are in their final stages w an estimated turnaround time of3) days. The sand filter repairs are essential to the remediation non- comphanee events We believe thi.t the repairs vvi.l.l improve the performance of the treatmen ite.d resources, the re gness to work with us. ri are a major investment for our facility an dren's home with appreciate the STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF IREDELL IN THE MATTER OF ASSESSMEN1 OF CIVIL PENALTIES AGAINST Barium Springs Hoene for Children Barium Springs Home for Children WWTP PERMIT' NO, NC0045471 WAIVER OF RIGHT TO AN AIItIINISTRATIVE HEARI.N+C AIII STIPULATIONOF FACTS 'CASE NO. LV-202 tl di Having been assessed civil penalties totniing $793.04 for vi+ laiis n(s) as set forth in the assessment document of the Division of Water Resources dated �20 the undersigned, desiring to seek remission of the civil penalty, doses hereby waive the right to an admirr strative 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 ADDRESS TELEPHONE JUSTIFICATJQN Case Number: LV-2020-0341 Assessed Party: Barium Springs Home for Children Permit No.: NC0045471 UE Coo Iredell AmountAssessed $793.04 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 Hearing, 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 assmment document, Pursuant to N.C.O.S, § 143B-282,1(e), remission of a civil penalty may be granted only when one or more 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 f the civil penalty assessment factors in N,C.G.S. 143B-282, I (b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (le.,explain the steps that you took to correct the violation and prevent future occurrences); X (c) the violation was inadvertent or a result of an accident (i.e„ explain why the violation 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) payment of the civil penalty will prevent payment for the remaining necessary remedial actkms how payment of the civil penalty will prevent youfrom performing the activities necessary to achiev comp(iance), TxpLA.NATION: At the time of the following noncompliance events, restoration of the sand filters was still in progress, With only one filter online and repairs underway„ limited filtration capacity was continuing to impact the facility. The ongoing challenges in treatment prompted two liOD daily .maximum violations, on, August 4th and August 8th, resulting also in a monthly' average exceedance. As of current, repairs are in their final stages wi an estimated turnaround time of-30 days. The sand filter repairs are essential to the remediation non- compliance events We believe that the repairs will improve the performance of the treatment facilities.. As a children's home with limited resources, the repairs being completed are a major in vestment for our facility and we appreciate the Division's willingness to w,ork with us. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF IREDELL IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Barium Springs Ho rtre for Children Barium Springs Home for Children WWT'P PERMIT NO. NCt 5471 Having been assessed civil pe of Water Resources dated waive the right to an adtninis assessment document. The un WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO.. I,V-2t12t1 iI34I ling 5793.04 for violation(s) as set forth ira the assessment document of t'I Divis�o 2020 the undersigned, desiring to seek remission of the civil penalty, does hereby ve hearing in the above -stated matter and does stipulate that the facts are as alleged in the d 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 assesstners't. This the day of ADDRESS TEL IONE FI+C r,T ,.. GtR RE 1 f SION iltlQUEST Case Numher: LV-2020-O341 Mussed Party, Barium Springs Horne for Children Permit trio,: NCOO45471 County: Iredell Amount Assessed: $793.04 Please use this Form when requesting re on of this civil penalty. You must also complete the "Request For Remission Waiver of Right to an Administrative Hearing, 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 conned in the civil penalty assessment document Pursuant to N,C.G,S. § 143R-282.1(c), remission of a civi penalty may be granted only when one or more 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.C.GS, 14: 6-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i e,, explain the steps that you took to correct the violation and prevent future occurrences),- (c) the violation was inadvertent or a result of an accident (1 e., explain why the vio something you could not prevent or prepare for), (d) the violator had not been assessed civil penalties for any previous violations,; (e) payment of the civil penalty will prevent payment for the remaining necessary medial actions (i.,e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). NATION: Al the time o#the fill only one filter online and repair The ongoing challenges in treat August 1 ith,, resulting also in a month an estimated turnaround time of days. The san, compliance events We believe that the repairs cwil.l improve the e rft rt limited resources, the repairs being completed are a n� Division's willingness to work with us. ionwas unavoidable or ion of the sand filters was still ire g rc cress. 'tVith s continuing Irr ittrf act tl nail)° tttaximum violations, on August 4th and -eedance, As occurrent, repairs are in their final stages w repairs are essential to the remediation non- reatruent facilities, As a chilrhet's ktr.te., appreciate the STATE OF NORTH CAROLINA COUNTY OF IREDELL IN T1IE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Bariurn Springs Home for Children Batium. Springs Home for Children VVWTP PERMIT NO NC0045471 ) DEPARTMENT OF ENV1RO%IMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING ANT) STIPULATION OF FACTS CASE i i'0, LV-2112 i24. Having been asses ed civil penalties totaling $'79 .04 for violation(s) as set forth in the assessn,►ent document of the Division of Water Resources dated November 19, 2Q2©, 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 ofa rerrsissi©n request will be allowed after (30) days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE ROY COOPER Gowned- MICHAEL S. REGAN Seery S. DANIEL SMITH Direch Ce led Mail # 7018 3090 00012325 4556 Return Receipt Requested Gregory A Heaton Barium Springs Horne for Children PO Box 1 Barium Springs, NC 28010-0001 NORTH CAROL A EnvironmentalQuality November 19, 2020 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES WW Permit No. NC0045471 Barium Springs Home for Children Barium Springs Home for Children WWTP Case No. LV-2020-0341 Iredell County Dear Heaton: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $793.04 ($675.00 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 August 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 No. NC0045471. The violations, which occurred in August 2020, 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 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 terms, conditions or requirements of a permit required by G.S. 143-215.1(a). morn of Envmronmtntef QuWater Resouroes 4 Ofaor g 610 Easy Canter Avenue. Sulu 301 Moores lie, Montt Carona 28113 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 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. 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 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 1 a3B-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 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 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 Right to an Administrative Hearin;, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete 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 27699-1617 JUSTIFICATION FOR RE14IISION REti:7ET Case Number: LV-2020-0341 Assessed. Party: Barium Springs Horne for Children Permit No.: NC0045471 County: Iredell Amount Assessed: $793.04 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 Hearing, 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.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more 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.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e.. explain why the violation 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) payment of the civil penalty how payment of the civil penalty compliance). EXPLANATION: prevent payment for the remaining necessary remedial actions (Le., explain prevent you from performing the activities necessary to achieve ATTACHMENT A Barium Springs Home for Childrn CASE NUMBER: LV-2020-0341 PERMIT NC004 71' FACILITY: Barium Springs Home # r Children REGION: Mooresville COUNTY: I ell T VIOLATION(S) SAMPLE LOCATION: 0 ' ;1l 001 fituent Violation Report Date Month/Yr Parent Unit of Frequency Measure Value Calculated Over Violation Value Limit Type Penalty Amount 8/412020 8-2020 BCD, 5-Day (20 Deg. C) - Concentration 2 X month mg/I 7.50 8.4 12.0 Daily Maximum Exceeded $150,00 811812020 2020 BCD, 5-Day (20 Deg. 2 X m nth: mil 7.50 C) - Concentration 74.7 Daily Maximum Fx«--•ed $150.00 8/31 2020 8-2020 BOD, 5-Day (20 Deg. 2 X menth C) - Concentration 10.75 115.0 Monthly $375.00 Average Exceeded DIVISION OF WATER RESOURCES - CIVIL ENALTY ASSESSMENT Violator: Barium Springs Home for Children Facility Name: Barium Springs Home for Children WWTP Permit Number: NC0045471 County: Iredell Case Number: LV-2020-0341 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 excess of permit limitations has the potential to adversely 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 discharge of treated effluent in excess of permit limitations has the potential to adversely impact surface water quality. 4) The cost of rectifying the damage; Unknown. 5) The amount of money saved by noncompliance: Unknown, 6) Whether the violation was committed willfully or intentionally; Not suspected to be willful or intentional, but there is a lengthy recent history of violations as noted below, 7) The prior record of the violator in complying or failing to comply with programs 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 201.8; NOV-2018-LV-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 (MAV) February 2019; Case #: LV-2020-0133 A.minonia (M.AV) — March 2019; Case #: LV-2020-0141 BOD (DMV & MAV) and Ammonia (DMV & MAV) — April 2019; Case #: LV-.2020-0185— BOD (DMV & MAV) — May 201.9; 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 .A.trunonia (DMV & MAV) — August 20.19; Case #: LV-2020-0136 BOD (DMV & MAV)— September 201.9; Case #: LV-2020-0137 BOD (DMV & MAV) — October 2019; Case #: LV-2020-0138 BOD (DMV & MAV) — January 2020; Case #: LV-2020-0.139 — BOD (DMV & MAV) — February 2020; Case #: LV-2020-0140 — BOD (DMV & MAV) — March 2020; Case tit: EV-2020-0284— HOD (WV & MAV) — April 2020; 8) The cost to the State of the enforcement procedures, S118.04 11..19.2020 Date 000,11Sigrted by, for F 1 6.1 FE160A2 DIF4A3 W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ