NC0045471_Regional Office Historical File Pre 2018 (16)

ROY COOPER
cnor
MICHAEL S. REGAN
Sec friar
L1NDA CULPEPPER
Director
Certified Mail #7018 0360 000 '2099 1864
Return Receipt Requested
Gregory A Heaton
Barium Springs Home for Children
PO Box 1
Barium Springs, NC 281110
SUBJECT:
NORTH CAROLINA
Environmental Quality
August 29, 2i 19
Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute ((IS,)
and NPDES WW Permit No, NC0045471.
Barium Springs Home for Children WWII'
Case No. LV-2019-0203
lredell County
4
(a)(6)
Dear Mr. Heaton:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $461.38 ($350,00 civil penalty
+ $11'1.38 enforcement costs) against Barium Springs Horne for Children.
This assessment is based upon the following facts: a review has been conducted of the DischargeMonitoring Report
(DMR) submitted by Barium Springs Home for Children for the month of June 2019. 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,
NC004e5471, The violations, which occurred in June 2019, are summarized in Attachment A to this letter.
Based upon the above facts,/ 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).
mer,ti.Q46,ty R 2:v son of Water Resour s
Avinue Sale. Ki oorray.;:e,ivOrtt28115

VAY4',11.4
akte-T-
$
4.446,-,AW T.Z74
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:
$100.00
$250.00
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 Daily Maximum for BOB, 5-Day (20 De2. C)
- Concentration
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
$350.00 TOTAL CIVIL PENALTY
$111.38 Enforcement Costs
$4.61.38 TOTAL AMOUNT DUE
Pursuant to G.S. 143-2 I 5.6A(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 ground or surface water quantity or quality or on air quality;
(4) The cost 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 of the violator in complying or failing to comply with programs over which e 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
form). 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 'fivefactors 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:
(I) whether one or more of the civil penalty assessment factors in NCGS 14:3B-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;
(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, 'Fhe
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 Flearing„and Stipulation of Facts" form within thin, 30 of recei 'it of this
notice. The Division of Water Resources also r uests that you complete and submit the enclosed "Justification for
Remission Request,"
Both forms should be submitted to the following address:
'Wa,stewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 2'7699-.1617

Option 3: File a petition for an administrative h
kith the Offiee af Admjnjstratjve 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. 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 file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §1.50.B-23,2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should, eontacuheOffjceofAdijnjstrafjve 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 Administrative Hearings are as follows:
6714 .Mail Service Center
Raleigh, NC 27699 6714
Tel.: [phone]
Fax: [phone]
One ( copy of the petition must also be served on DEQ as follows:
Mr, William F. Lane, General Counsel
Department of Environmental Quality
1.601 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
dateltirne 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 the Mooresville Regional
Office at (704) 235-2.192 or via email at [e-mail],
Sincerely,
DocuSigned by:
.A14CC681AF27425,,..
V. 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)
NPDE.S Compliance/Enforcement Unit Enforcement File (Laserfiche)

JUSTIFICATION FOR REMISSION REQUE
Case Number: LV-2019-0203
Assessed Party: Barium Springs Horne for Children
Permit No.: NC0045471
County: Iredell
Amount Assessed: $461.38
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remissit.
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 believesupport 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 ma,y 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 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
detrimentof the petitioner (the assessment factors are listed in the civil penalty assessment. document);
(h) the violator promptly abated continuing environmental damage resulting from the violation i.e., explain the
steps that you took to correct the violation andpreventfiture 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 ,fort:
(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 actions (i e, explin
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE O NORTH CAROL. NA
COUNTY OF IREDELL
IN THE MA I I"I.R OF ASSESSIN4ENT
Of CIVIL PENALTIES AGA I I T
ar•ium pains Tome for Child r n
PERMIT NO. N( 0t115 ;r1
DEPARTMENT OF ENVIRON%IE:I T. QUA T"
WAIVER OFRIGHT ' TO AN
ADMINISTRATIVE HEARING N
STIPULATION OF FACTS
CASE NO. - OT -020
Having been assessed civil penalties totaling.$461.38 for violation(s)as set forth in the assessment document of the Division
of Water Reso aces dated August 20, the undersigned, desiring to ec . remission of the civil penalty, does hereby
waive the r°iglrt to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document, nt, The undersigned further understands that all evidence presented in support of remission of this cavil
penalty' must be submitted to the Director of the Division of'Water Resources within thirty (tf) days of receipt of the notice
of assessment. No new evidence in support of a remission request Will he allowed after (50) days from the receipt of the
notice of assessment.
l`his the
day of . 20
ADDRESS
TI, RIi.
'T .LPIItI

ATTACHMENT A
Barium Springs Home for Children
CASE NUMBER: EV-2019-0203
PERMIT: NC0045471
FACILITY Barium Springs Home for Children' TP
IT VIOLATIONS)
REGION: Moo r llle
COUNTY: lredell
SAMPLE LOCATION: Duffel! 1 Effluent
Violation Report
Date Month/Yr Parana,
Unit of Limit Calcula d Ufa Over Violation Penalty
Frequency Measure Value Value Limit Type Amount
6/13/2019 -2019 BOO, 5-Day (20 Deg.
} - Concentration
2 X month
mg/I 7.50 18A 145.3
6130/2019 6-2019 DOD, 5-Day (20 Deg. 2 X month mg/1
- Concentration
Daily
Maximum
Exceeded
100 00
10.5 10g.6 Monthly
Average
Exceeded
2500

August
" f C ey Basinger Je i t1al Supervisor
4 ater'Quality Regional nal • a ra to tts Section.
1l oar vide Re iur al
l ivisio n of Water Resource NC E+
Subject: NOTICE OF I A.TItN
Tracking number: f - t - -
iret No, NC0045471
iiariuua Springs Home for Children
lredell County
Mr, Basinger,
Tit you Jrua11u Barium p s liorne or Children die appoa ty to respond to die
Notice of Violation dated August 8, 2019. Omr po rise below is for e exceedance of T
levels for the June 2019 sple period.
o control levels at eBari Springs Wastewater Treatment Plank staff have been
Making necessary repairs to the distribution box, Cracks in the distribution box have been seal
d sand has been adequately leveled to ensure proper filtration.The daily limit was exceeded on
June 13, 2019, during incident where short circuiting was courting around the sputter box,

This spike in daily levels w enough to raise the overall monthly average, despite levels being
the Rise in compliance ce for the month of June. Repairs began taking place burn atelyupon
occurrence, which took until July to complete,
This treatment plant has struggled with compliance issues due to its age and lack of access to
basic resources, such as electricity and running water, which have not been readily available to
the plant for some time. These issues present challenges that are problematic to treat with the
infrastructure currently in place, and cost of rehabilitation is an ongoing challenge due to limited
funding The Wastewater Plant has been working with Envirolink's Engineer to determine
possible solutions to the current infrastructure problems.
s.
We believe that the issue has been en seriously and that these r a' were made in a timely
matter: It is always our goal to remain in compliance re lations set forth by the Division of
Water Resources, The errors that led to this facility's non -co pli ce have been clearly noted to
avoid future non-compliance status, It is our request that our cooperation and action in these
matters be en into account t by the Division when enforcement action is taken.
Sine e y,
BariumSprings Home forChit
CC:
ty
s, Envirolink
David Strum, Envirolink
Robert site, Envirol"
Chris Bitte #; , Envir l

Facility Name: liariurn Springs WW`1"P
Report Period: June2
DMR REVIEW RE :OR.D
Mooresville Regional Office
Prior Assessments:
Permit Number: NC0045471.
Enforcement Factor: 1,00
Outtalk* Outtalk Description
Waterbody Name
Waterbody
Classification
001 effluent to UT Duck Creek
Duck Creek
Monthly Average Limit' ioiations
Sample Location: Outfall 001 - Effluent
Violation
Date Para
6/3©/2019
BOD, 5-Day (20 Deg, C)
Concentration
Unit of Limit Calculated ' Over
Frequency Measure Value Value L(mlt
2 X month rngll 5 10,50
109.9
Action
Daily Limit Violations
Sample. Location: Outfall 00.. - Effluent
Violation
Date Parameter
Unit of Limit Calculated % Over
Frequency Measure Value Value Limit
Action
6/1312019 B©D. 5-Day (20 Deg.
Concentration
2 X month mg/I 7.50 18.40 145.3
F-
6/4/2019 Chlorine, Total Residual
2 X week u!gf1 17 39 129,4 No Action, BPJ
61512019 Chlorine, Total Residual
2 X week
17 32 68.2 No Action, BPJ
6112/2019 Chlorine, Total Residual
2 X week ug/I 17 43 152.9 No Action, BPJ
6119/2019 Chlorine, Total Residual
2 X week ugll 17 26 52.9 No Action, BPJ
Frequency Violations
Sample Location: Outfall 001 Effluent
Violation
Date
Pararne
6/30/2019 Phosphorus, Total {as P) - Concentration
Unit of
Frequency Measure
Quarterly mgll
Action
Page 1 of 4

C?tr r itrl tirnsiStrst` Lei
Sopron Rernarks:
Granlrlet cl by:.
sslstant Regional
Supervisor Sign -off:
Regional Supervisor
Sign -off:
Da
Date:
Page nt 4

onth En `ore
Number: NC0045471 Report Period: June 2019
Limit Violation
Sample Location: Outfefl001 •Effluent
Violation Report Violation
Date Period Parameter Type
NOD
NOV CPA
2/4/2019 2-2019 BOD, 5-Day (20 Deg, C/ -
Concentration
Daily Maximum
Exceeded
NOV-2019-LV-0249 LV-2019-0098
2/28/2019 2-2019 BOD, 5-Day (20 Deg. C) -
Concentration
Monthly Average
Exceeded
NOV-2019-LV-0249 1V-2019-0098
21'28/2019 2-2019 Nitrogen, Ammonia Total (as
N) - Concentration
Monthly Average
Exceeded
N©V-2019-0V-0249 LV-2019-0098
4/2/2019 4-2019 BOD, 5-Day (20 Deg. C) -
Concentration
Daily Maximum
Exceeded
NOV-2019-0/-03'90 LV-2019-0141
4/2/2019 4-2019 Nitrogen, Ammonia Total (as
N) - Concentration
Daily Maximum
Exceeded
NOV-2019-LV-0390 LV-2019-0141
4/30/2019 4-2019
BOO, 5-Day (20 Deg. C) -
Concentration
Monthly Average
Exceeded
NOV-2019-0/-0390 LV-2019-0141
4/30/2019 4-2019 Nitrogen, Ammonia Total (as
N) - Concentration
Monthly Average
Exceeded
NOV-2019-LV-0390 LV-2019-0141
5/7/2019 5-2019 BOD, 5-Day (20 Deg. C) -
Concentration
Daily Maximum
Exceeded
NOV-20'19-LV-0475
5/29/2019 5-2019 BOD, 5-Day (20 Deg. C) -
Concentration
Daily Maximum
Exceeded
NOV-2019-LV-0475
5/31/2019 5-2019
BOD, 5-Day (20 Deg. C) -
Concentration
Monthly Average
Exceeded
NOV- 019-LV-0475
6/20/2018 6-2018
Solids, Total Suspended -
Concentration
Daily Maximum
Exceeded
NOD-2018-LV-0110
7/11/2018 7-2018 Coliform, Fecal MF, MFC
Broth, 44..5 C
Daily Maximum
Exceeded
NOV-2018-LV-0724
8/7/2018 8-2018 BOD, 5-Day (20 Deg. C) -
Concentration
Daily Maximum
Exceeded
NOV-2018-LM-0074 LM-2018-0054
8131/2018 8-2018 BOD, 5-Day (20 Deg. C) -
Concentration
Monthly Average
Exceeded
NOV-2018-LM-0074 1M-2018-0054
9/6/2018 9-2018 BOD, 5-Day (20 Deg. C) -
Concentration
Daily Maximum
Exceeded
NOV-2018-LM-0087
9/30/2018 9-2018 BOD, 5-Day (20 Deg, C) -
Concentration
Monthly Average
Exceeded
NOV-2018-1M-0087
Monitoring Violation
Page 3 of 4

Monitoring Violation
le Location, Outten 00 Effluent
Violation Report
Date Period Para
Violation
Type
8/4/2018 8-2018 Oxygen, Dissolved (DO)
Frequency Violation
NOD
NOV CPA
NOV-2018-LMM-0074 LMt-2018-0054
018 8-2018 Oxygen, Dissolved (DO)
Frequency V o(a
NOV-2018-LM-0074 LP,11 2518 0 54
811812018 8-2018
Oxygen„ Dissoved (DO)
Frequency Violation
N0V-2018-1M4104 LMi-2018-0054
8/25/2018 8-2018 Oxygen. Dissolved (DO)
Frequency Viola
NOV-2018 LAr1-0074 LAI-2018-0054
1/2018 0-2018 Oxygen Dissolved (DO)
Frequency Violation
NOV-2018 & Mi 0087
2018 0-2018 Oxygen, Dissolved (DO)
Frequency Violation
NOV-2018-LM-0087
O115/2018 9-2018 Oxygen. Dissolved (DO) Frequency Violation
NOV02018-LM-0087
lather Violation
Sample Location.
Violation Report
Date PeriodParameter
Violation
Type NOD NOV CPA
1 0/25/2018
Violation detected
during inspection
NOD-2018-PC-0311
10/25/2018
Violation detected
during inspection
NOD-2418-PC-1311
Pao4of4

ROY COOPERGovernor
MICHAEL S. REGAN
r
LINDA C'ULPEPT R
&Misr
Certified Mail 7016 1370 0000 2595 8211
Rgturn Receipt Requested
August 8, 2019
Gregory A Heaton
.rium Springs Home for Children
PC Box 1
.rium Springs, NC 28010
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVXL PENALTY
Tracking Number: NOV-2019-LV-0584
Permit No. NC0045471
Barium Springs Home for Children WWTP
Iredell County
Dear Mr. Heaton:
A review of the June 2019 Discharge Monitoring Report (DMR for the subject facility revealed the violation(s)
indicated below:
Unlit Exceedance Violation(s):
Sample
Location Parameter
Limit Reported
Date Value Value Type of Violation
001 Effluent BOD, 5-Day (20 Deg.. C) 6/13/2019 7.5 18.4 Daily Maximum Exceeded
Concentration (C0310)
001 Effluent BOD, 5-Day (20 Deg. C) - 6/30/2019
Concentration (C0310)
10.5 Monthly Average Exce
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of
not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or
fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
p, vis,ipn of Wow R9sources
Soft* 3€1iMoo-few+.North GvohM ��t3

If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Monitoring
Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no
response is received in this Office within the 10-day period, a civil penalty assessment may be
prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility induding limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter or to apply for an SOC, please contact Wes Bell of the
Mooresville Regional Office at 704-663-1699.
Sincerely,
t3©su8igned by:
F161FB69A2D84A3.,.
for
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Mooresville Regional Office - Enforcement File (Laserfiche)
NPDES Compliance/Enforcement Unit - Enforcement File (Laserfiche)
JO E est Cee+ter Aveawe„ S e 301 j ift4oterWle, MQI b Cuto 28115

ROY COOPER
Govvo
MICHAEL 5. REGAN
secretary
[ INDA CULPEPPER
Certified Mail #7(i18
rn Receipt
ueted
002 2099 1
Greg- ry° A Heaton
Barlattm Springs !tome for Children
PC) Box 1
Barium Springs, NC 28010
SUB.' .,LCT:
NORTH CAROLINA.
Environmental Quality
August 2
Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-2
and NPDES WW Permit No, NC0045471
Barium Springs Horne for Children W WTP
Case No, EV-2019-020 3
Iredell County
Dear Mr, Heaton:
5,1
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of 5461.38 ($350.00 civil penal
t $1 1 1.38 enforcement costs) against Barium Springs Home for Children.
This assessment is based upon the following facts: a review has been conducted of the 1
(DMR) submitted by Barium Springs Horne for Children for the month of June 2019.
trge Monitoring 11eport
eview has shown the subject
fad [ity to be in violation of the discharge limitations and/or monitoring requirements found in. NPDES WW Permit No.
NC0045471. `i"lte violations, which occurred in June 2019, 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. NC0045471 and G.S. 143-21.5.1(a)(6) in the manner and extent
shown in Attachment A. In accordance with the maximums established by G.S, 143-21.5.6A(a)(2), a civil pen tlty n a
he assessed against any person who violates the terms, conditions or requirements of a permit required by G.S.
143-215.1 ta).

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:
$ R 00,00 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 Daily Maximum for ROD, 5-Dav (20 Dee. C)
- Concentration
$250.00 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 oFthe Permit Monthly Average for BOD, 5-Day (20 Deg:.
(') - Concentration
$'350M0 TOTAL CIVIL PENALTY
$1 I 1.38 Enforcement Costs
$461.38 TOTAL AMOUNT DUE
Pursuant to GS., 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 Ci,S. 143B-282.1(h), which are:
(1) The degree and extentof harm to the natural resources of the State, to the public heaith, or 10 private property
resulting from the violation;
The duration and gravity oldie violation,
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the darna.ge;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or i'ntentionally;
(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
li)r.on Payment of t„he penalty wili 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

Option 2: Submit a written request for remission or mitigation including a detailedjustification 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 la.ctual or legal issues are in dispute. Please prepare a detailed statement that establishes why y 011
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 NCGS 148-282.1(b) was Tongfully
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 remediai aetions.
Please note that all evidence presented in support of your request for remission mus•tbe 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 'Ehe response will provide details regarding the case status, directions for payment, and
provision for further appeal atile 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 .emission, you must complete and submit the enclosed "Request for .Remission of Civil Penalties,
Waiver of Rightto an Administrative Hearing, and StipulLition of Facts" form within thirty 30' days of receipt of this
notice. -fhe Division of Water Risources also requests that you complete and submit the piedJusti1ication for
Remission Request:.
Both forms shouldbe submitted to the 'following address:
Wastewater Bra.nch.
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a petition forforan adrninhtrativc hearinith the Office of Ad . inistrative fieariozs:
It 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 Nvith
the Office of Administrative Hearings within thirty (30) daysof receipt of this notice. A petition is considered filed
v,,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
holid.ays. 'fhe 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 §15013-.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 Hearingsilh all uuestion.s regarding the filing fee and/or the details of
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as .follows:
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:
Nlr, 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.
I you have any questions, please contact \\ Bell with the Division of Water Resources staff of the Mooresville Regional
Office at [phone] or via entail at [e-mail].
Sincerely,
DocuSigned by:
A14CC681AF274.25...,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDFQ
AITACHMENTS
( Vs/QS Mooresville Regional Office - Enforcement File (Lasertiche)
NPDES Compliance/Enforcement Ji1it - Enforcement File (Laserfiche)

JUSTIFICATION FOR REIk'IIS! ON RE IEST
Case Number:
Assessed Party:
Permit No.:
LV-2019-0203
Barium Spring
NC0045471
Please use dais fiarnt when request
Waiver ver° of Right to an Admit
You should attach any documents t
evaluating your request for renaissio
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. §. 143E3-282.1(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 supporti
factor applies (attach additional pages as needed).
:)r Children
County: Iredell
Amount Assessed: ` 401.38
penalty. You must also complete the "Request For Remission,
md Stipulation aal Facts" form to request remission of this civil penalty.
ve support your request and are necessary for the Director to consider in
Fare that a request for remission is limited to consideration of the five
(a) one or more cif the civil penalty assessment factors in N.C.C.S. 14
detriment of the pet
violator pri
k
,something yo
(the assessrnentef are listed in the c
ptly abated continuing environmental damage resulting from the violation
c°carrcrl lh violation and pt e vents alaare occurrences);
inadvertent or a result of ran accide.
(d) the violator had not been assessed civil penalties tear a.
ent of the civil penalty will prevent payment
if the c ivil penalty will prevent you'
EXPI ANATION:
, as to wl
ain the
.xplain he violation +as unavoidable or-
Iations
ary remedial actions (i.e,, explain
necessary to achieve

I AFL CAE° NOR`1 E1 C" \R NA DEPARTI E,N I CAE LN" I ONM1 I I AL t}LJ .I ITY
.COLINTNLOff IREy1. Eyl L
IN ififlE 1v1 `I,mI ER.OF I' '\ EgiSSAILNI
CAI° CIVIL .P.ENA.LTIES Il a"1'
Hario Springs Ho for Child r+ n
IE:R4I1" NO. NC>`tff4> 7 I
Ilav^ing beet assessed iv'i Eettalties
of Water Re ttattrees dated u ttst I , If 1 ,the un ersig
ti aive the right to an adtrtit`tistrative Iteatt it ire t.Ie alcove -stated it
doe usrtetzt. llte tttttlersitted futtiae understands t
t be sunlit ed to the )Ircetot caf tlte: Division of Water Res;
t, No new ev i 1ene in suppo t of a remission ion request will
notice of ass;esstt e
day
ADIlE:
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. 1L"-2EI19-00
4 38 for violatiottf sf : set forth it
to seek rends
tees stipu
;sC t1
the civil penalty, doe
at the facts are as a11
support of remiss
rt'Cltirt x 0) days of receipt o1`
ed sifter t3t)f days fforn the receipt
Nth
TILE P1IO:'
iiott

ATTACHMENT A
Barium Springs Home for Children
CASE NUMBER: LV-2019-0203
PERMIT: NC0045471
FACILITY' Barium Sprm Home or Children
IT VIOLATIONS)
REGION: Mooresville
COUNTY: Iredell
SAMPLE LOCATION. Outfialt 001 - ffia nt
Violation Report
Date MonthlY
eter'
Frequency
Unit of L
Aeaure 111
unit Calculated
glue Value
Over Violation
rrti Type
6/13 2018 6-2019 EG 0 6-Day (20 Deg.
- Concentration
2 X month
g
/2 i19 6-201g; :OD, -Day (20 Deg. 2 X month mgil',
nncentralion
7 50
8.4
145
10.5 109
Daily
Maximum
Exceeded
Monthly
Average
Exceeded
Penalty
Amount
100 00
250 00

DIVISION OF WATER RESOURCES - CIVIL PEN. ASSESSMENT
Violator: Bari m Springs Home for Children
Facility Name: Barium Springs WWTP
Permit Nunn her; N0)045.17]
County: Iredell
Case Number; LV-2019-0203
ASSESSMENT FACTORS
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 viola ;
Ce-ar-44 4)7
-9(7
2) The duration and gravity of the violation;
3) The effect on ground or surface water quantity or quality or on air quality;
11,1,,,i2-AAgAt
e„.114,0,
thtdas
5) The arnount ofmoney saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
fr-f-471>ac-
4
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-2015-L Aln1110t1 la (MA - February 2015;
NOV-2017-LV-0426 pH minimum violation February 2017;
NOV-2017-LV-0598 - BOO (DNIV & ALA - „May 2017;
(:ace L V-2017-0321 BOD (D21111 & MA f), Fecal ColifOrm (DAIV) and pH winimum vkilaiion- July 2017;
NOV-2017-LV-0812 Fecal ColyOrrn (DV) August 201,7;
NOV-2018-LV-0388 BOD (DAV & ALA V) and Ammonia (MAI.) January 20/8;
Case ;u: L17-2018-0184 Ammonia (AIA 1' - February 2018
,N0D-2018-L 1'-0110 TSS (DMI') ---,lune 2018:

N06°-20.18.LV 0724 — Fecal Colifarm (DMi ( July 2018;
i1'OIT"-2018-1A1-007.1 80D (DM" & tL1 i'( cmd (1) Dissolved C ?vt c rt rraortitrartrrg ioluticaaass 1uguwst 2018;
V0V-2018-L111-00S9 BOL) (DMV .t1A 1''")' ernd (3) Dissolved 0 t,°gen rrrarrrit; mg violations -L- September 2018;;
C`case .- L 1-2019-0095 BOD (D 1 1 c\ %L 1 l) and ,Ammonia (`:t}L 1 Ifl - Fehru ari 2019,
Cave : L 1'- 2019-0141 80D ('D41 t1 c4 t f 1 f) and Ammonia (DAfl' & April 2019;
C'casc : L V- 2019-0185 80D (MX & t l 1 I') — May, 2019.
8) The cost to the State of the enforcement procedures.
S 111..38
Enforcement Cost:
1 hour staff time.
..$ 38.66
1 hour supervisor time., $ 57.72
Administrative /CO staff cost......,.....a........................ $ 15.00
Total enforcement cost $ 111.38
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division. of Water Resources, NCDEQ