NC0045471_Regional Office Historical File Pre 2018 (14)

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
rrce
Certified Mad # 7018 3090 0001 2328 4426
ReturnReceipt Reiuested
Gregory A Heaton
Barium Springs Hat for Children
PO Box 1
Barium Springs, NC 28010
NORTH CAROUNA
Environmental Quclfty
October 8, 2020
SUBJECT . Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 4:
and NPDES WW Permit No, NC0045471
'Barium Springs Home for Children
Barium Springs Home for Children WWTP
Case No, ENV-2020-0284
Iredell County
Dear Mr., Heaton:
This letter transrn
penalty ± $1 10,21
a Notice of Violation and assessment of civil penalty in the arnount of $1,O10 28 ($900.00 civil
tforeement 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
(DM_R) submitted by Barium Springs Horne for Children for the month of April 2020. This review has shown the subject
facility to he in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.
NC0045471, The violations, which occurred in April 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. 1.43-215.6A('a)(2), a civil penalty rnay be
assessed against any person who violates the terms, conditions or requirements of a permit required by G,S.
143-215.1(a),

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, I, W. Corey
Basinger, Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against
Barium Springs Home for Children:
$400.00 2 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-Dav (20 Dez. C)
- Concentration
$500.00 I 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
$900.00
$110.28
$1,010.28
TOTAL CIVIL PENALTY
Enforcement Costs
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty 1 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)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
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;
The duration and gravity of the violation;
The effect on ground or surface water quantity or quality or on air quality;
The cost of rectifying the damage;
The amount of money saved by noncompliance;
Whether the violation was committed willfully or intentionally
The prior record of the violator in complying or failing to comply with programs over which the Environ.men.tal
Management Commission has regulatory authority; and
The cost to the State of the enforcement procedures.
Within thirty (30) days ofreceipt 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
forin). 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 27699-1

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 ofany 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 NCUS 143B-282,1(b) was wrongfully
applied to the detriment ofthe 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;
(A) whether the violator had been assessed ci.vil penalties for any previous violations; or
(5) whether payment ofthe eiviL penalty will prevent payment for the remaining necessary remedial actions.
Please note. that all evidence presented in support of your request for remission mu.stbe 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
y OUT remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal ofthe penalty to the Environrnentai 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 reinission 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 orderrequest remission, vou ,must complete and submit the enclosed "Request for Remission of Civil. .Penalties,
n
Waiver of Rig,ht to an Administrative Hearing, and Stipulation, of Facts" form within thirty (30) days of receipt of this
notice. The Division. of Water Resources jre nests that -orn 1 and submit the e losed "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

Option 3: File a petition for an administrative hearing with the Office f 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 p.m., except for official state
holidays. The petition may be tiled 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 'fi.l.ing fee is required by 'NCGS §150B-23.2) is received in the
Office of Administrative Hearings within seven (7) bu.siness days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrativ • Hearings are as follows;
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: (9'19) 431-3000
Fax: [phone]
One (1) copy ofthe petition must also be served on DFQ as follows;
Mr. 'William F. Lane, General Counsel
Department 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.
Ili' you have any questions, please contact Wes Bell withthe Division of Water Resources staff of the .
Office at [phone] or via email at [e-mail].
Sincerely,
cDocuSigned by
A...41444# H 13:444 for
F151F1169A2C)84A3
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Mooresville Regional Office - Enforcement File (Laserfiche)
NPDES Compliance/Enforcement Unit - Enforcement File (Laserfiche)
ooresv*
e Regional

JUSTIFICATION FOR REM1SSLOI1UQUEST
Case Number: IN-21120-0284
Assessed Party: Barium Springs Home for Children
Permit No.: NC0045471
County: fredell
Amount Assessed: $1 010.28
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 live
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. § 143B-2811(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 docum.ents, 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 -e occurrences);
the violation was inadvertent or a result of an accident e„, explain why (he tooiation was unamide•
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 parent for the remaining necessary remedial actions (1„e,, explain
how payment Qf the civil penalty 'will prevent you from performing the activities necessary to achieve
compliance),
EXPLANATION:

tS i` "fE OF NOR' CAR( LAIN, DEPART BSI "I OF ENVIRONN NT Qtx.s T..TI„ .
COUNTY T OF 1REDELL
OF CIVIL PENALTIES If.S AGAINST
Barium pr°ings Hom or Children
Barium Springs Home for Children WWIF
TAT f M1 r NOlid s it l
WAIVER OF'. I' TO AN
MINISTRATINE HEARING":I
STIPULATION OF FAfiTS
NOiIN-2020-0284
1 ig been assessed civil penalties totaling $1,010.2 T r to Eggs) as sit c�rth irr the ass ssmert doer( tr nt ctfthr
isic n of Water Resources dated Qgtobes 8, 20,20, the undersigned, desirirt to se ion >f the ivi[ penalty, does
waive the right to an administrative hearing in the above -stated matter arid does stipulate that the fats are as
d in the assessment d eumer . The rnd rsi ned further understands that all evidence presented in support t f
rem sinn of this civil penalty must be submitted d to the Director t ,r of the Division of Water Resources within thirty (30)
f receipt of the notice of assessrrt nt„ No new evidence in support of a nti sit n request satin be allowed after f 3 f d
frc rn the receipt of the notice ctf s ssm nt.
This the
day of
TRI.i
t NI
yt

TT
Barium prier for Children
CASE NUMBER: LV-2 20-02 4
PER IT: NC004' T
FACILITY: Barium Sprin s Ho e or Children T
TI TI ':
REGION: ooresvMe
COUNTY:1rdell
SAMPLE L ATI N chafe/ l0 1 Efiluent
Violation Report
Date onthl r Parameter
r
Unit of Limit Calculated % Oyer Violation
Frequency asure Value Value Limit „ Type
4/812020 4-2 20 OD. 5-Day (20 Deg. 2 X rrtonth mg 1 7 50
- Concentration
Daily
Maximum
Exceeded
4 2 /2020 4-2020 d 0, 5-Day (20 Deg, 2 Xmonth rngil 7.50 9.24 23.2 Daily
aximum
Exceeded
I - Concentration
41 2020 4-2020 0 0, 5-Day (20 Deg. 2 Xmonth
Concentraton
9,07 1,4 Monthly
Average
Exceeded
Pen y
Amount
200.00
200, 00
500, 00

DWISION OF WATER RESOURCES - C1V!UENALTY ASSESSMENT
Violator: l3arium Springs Home for Children
Facility Name: Barium Splines Home for Children WWTP
Permit Number: NC0045471
County: Iredell
Case Number: LV-2020-0284
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; Was not suspected to be willful or 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; and
NOV-2017-LV-0598 —
Case #: LV-2017-0321
NOV-2017-LV-0812 —
NOV-2018-LV-0380 —
Case #: LV-2018-0184
NOD-2018-LV-0110 —
NOV-2018-LV-0724 —
Case #: LM-2018-0054
NOV-2018-LM-0087 —
Case #: LV-2019-0098
Case #: LV-2020-0133
Case #: LV-2020-0141
Case #: LV-2020-0185
Case #: LV-2020-0203
Case #: LV-2020-0134
Case #: LV-2020-0135
Case #: LV-2020-0136
Case #: LV-2020-0137
Case #: LV-2020-0138
Case #: LV-2020-0139
Case #: LV-2020-0140
BOD (DMV & MAV) - May 2017;
— pH (DMV), Fecal Coliform (DMV) and BOD (DMV & MAV) - July 2017;
Fecal Coliform (DMV) - August 2017;
BOD (DMV & MAV) and Ammonia. (MAV) - January 2018;
— Ammonia (MAV) — February 2018;
TSS (DMV) — June 2018;
Fecal Coliform (DMV) — July 2018;
— BOD (DMV & MAV) and (4) Dissolved Oxygen monitoring violations — August 2018;
BOD (DMV & MAV) and (3) Dissolved Oxygen monitoring violations — September 2018;
BOD (DMV & MAV) and Ammonia (MAV) — February' 2019;
—Ammonia (MAV) — March 2019;
- BOD (DMV & MAV) and Ammonia. (DMV & MAV) — April 2019;
— BOD (DMV & MAV) — May 2019;
— BOD (DMV & MAV)—.June 201.9;
BOD (DMV) —July 2019;
— HOD (DMV & MAV) and Ammonia (DMV & MAV) — August 2019;
— BOD (DMV & MAV) — September 2019;
— BOD (DMV & MAV)— October 2019;
BOD (DMV & MAV) — January 2020;
BOD (DMV & MAV) — February 2.020;
— BOD (DMV & .M.AV)— March 2020,

) The cost to the State of the enforcement proc lures.
10.28
10 2
tr
A
for
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Aivisiurr of Water Resources, NCDEQ