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NC0045471_Regional Office Historical File Pre 2018 (18)
ROY COOPER Goverm.tr MICHAEL S. REGAN frfor LINDA CULPEPPER Certified Mail #7018 0360 0002 2099 1765 Return Receipt Requested Celeste Dominguez, CEO &. President Barium Springs Home for Children PO Box 1 Barium Springs, NC 28010 NORTH CAROLINA Environmental Quality May 7, 2019 for Violations of North Carolina General Statute (Ci.S,) 143-215.1 (6' and NPDES WW Permit No. NC0045471 Barium Springs Home for Children W WTP Case No. LV-2019-0098 Iredell County Dear Ms, Dominguez: This letter transmits a'Notice of Violation and assessment of civil penalty in the amount of $711,38 ($600,00 civil penalty $111,38 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 Horne for Children for the month of February 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, NC0045471, The violations, which occurred in February 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 (15. 1.43-215„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 GS, 143-215.1(a). a Decilr,e ats, 4c E 31 :1,115 24331 A Al .A„.33 ru.31 n - Based upon the above findings of factand 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 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 Daily Maximum for BOD, 5-Dav (20 Deg. C) - Concentration $_250.00 1 of 1. violations of G.S..143-215.1(a)((,) and Permit No, NC0045471, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for ROD, 5-.Day (20 Deg. C) - Concentration $250,00 1 of 1 violations of G.S. 14.3-215.1.(a)(6) and .Permit No. NC004547 I., by discharging waste water into the waters of the State in violation of the Permit Monthly Average for :Nlitrouen, Ammonia Total (as N) - Concentration $600A)0 TOTAL CIVIL .PENALTY --Ettforeement-Costs $711,38 TOTAL AMOUNT DUE _ (LI,o tti t I rug L le dinoulit -ptnntty-tirave fru) aL.Cult tliL FinOttlgs Or Fact and Conclusions of Law and the factors set forth at G.S. 14313-282.1(b), which are: (1) The degree and extent of hart] 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) 'Fhe 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) 'fhe 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; (I) Submit paymentof the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option I.: Submit payment of th.e penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver fi:).irt-rt}.. 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 Submit a written request: fur remission or mitigation including a detailed justification for such request:pti 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. !equesting 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 rernitted, 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.: (l) whether one or more of the civil penalty assessment factors in NCGS I43B-282, 10) was N.vrongfully 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 preventpayment for the remaining necessary remedial actions. Please.note..that„..aill...evidence..presentedin-support of your request for rnust '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 ()vision for further a) eal of the enalt to the l'nvir Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission reviest 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 coniplete and submit the enclosed Request for Remission of Civil Penalties„ Waiyer of Rieht to an Administrative Hearing, an.d Stipulation of Facts" 'form within thirty (30t) days of recei t of this notice, The Division of Water Resources also requests that you co -tiptoe 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 27699-161 7 Option 3: File e ition for an administrative hearing with the Office of Admini' t ative 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 Flearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days ofreceipt of this notice. A petition is considered tiled. 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. '[he 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 tiling fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within. seven (7) business days following the faxed or electronic transmission. You should. contactthe Office of Administrative Hearings with all questions regardingthe filing fee andlorthe details ofthe tiling 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: (919) 431-3000 Fax;.„,..(9.19J.43173.1.0.0.. One ( I) copy of the petition must also be served on DEQ as follows: Mr iam F, Lane, General Counsel Department of Lnvironmental Quality 1601 \tail 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 advisedthat additional penalties may be assessed for violations that occur after the review period of this assessment, lf you have any questions, please contact Wes Bell with the Division of Vater Resources staffofthc Mooresville Regional Office at (704) 663-2192 or via email at wes.belancdenr.gov. \ITACHMENTS Sincerely, _DocuSigned by [---- : A44424, H P:444.4 FlEilFB69A2D84A3„ 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) JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2019-0098 Assessed Party: Barium Springs Horne for Children Permit No.: NC0045471. County: iredell Amount Assessed: $711.38 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, PVaiver ofRight to an Administrative .1-fearing, and Stipulation of -Facts" form to request remission of this civil penalty-, You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission.. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the 'factual statements contained in the civil penalty assessment document, Pursuant to N.C.:GS, § 143B-282.l(c), remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional „Rays_a$.,„ae..ede.d)._ „ . „ , . . (a) one or more of the civil penalty assessment factors in NC..G.S. 1438-282.1(b) were wrongfully applied to the detriment of the -titioner the assessment factors are listed heciwj penalty assyssment dpcurnen0' (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 „fiiture 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 will prevent payment for the remaining necessary remedial actions tie,, explain how payment of the civil penalty, will prevent you fr 117 performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH C .ROLINA COUNTY OFI FLL, Ili THE MATTE R OF ASSESSMENT OF CIVIL 'IL PFNAL`ITMIFS AGAINST BarSpr gs Home for Children PERMIT NO. NiC004347l DEPART ENT OF EN ''IRONMEN AL QUALITY WAIVER OF RIGHT' TO AN ADMINISTRATIVE HEARI + AND STIPULATION I`IO F FACTS CASE NO Vw2O19-00 Ha in ; been assessed civil penalties totaling $711.38 for viol ° tionassessment document o the Division of Water Resources dated Ivlay 7, 2019, 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 he aubmitted to the Director of the Divison of -Water Resources'within thirty (30) days of rae i t of the notice. sment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. ADDRESS ERE TFI.,I PHONE PERMIT: N 004:- 71 ATTACHMENT A Barium Springs Home for Children CASE NUMBER: L '-2 i1 -0098 FACILITY ; arium Springs Ho for Children - TP T VIOLATION(S) SAMPLE LOCATION: (Duffel l 001 - Effluent Violation Report Date onth/Yr Parameter REGION: ore vllle COUNTY: Iredell Unit of Lltx it Calculated Over Violation Frequency Measure Value Value Limit Type 2/ If2019 -2019 BOD, 5-Day (20 Deg. 2 X month mgll 15 - Concentration 2/28/201 g -2019 BOD, 5-Day (20 Deg. 2 X month eo ll onoentration Pena Ity Amount 160.0 Daily $100,00 Maximum Exceeded 2/28/2019 2-2019 Nitrogen, Amn Total (as NI m Concentration onia 2 X montfi Average Exceeded 10.14. 153.4 Monthly u Average Exceeded 2 DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Barium Springs Home for Children Facility Name: Barium Springs WWTP Permit Number: NC0045471 County; Iredell Case Number: LV-2019-0098 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; The discharge 0/wastewater in excess of NPDES permit limits has the potential to adversely impact natural resources. 2) The duration and gravity of the violation; As documented in the attached. 3) The effect on ground or surface water quantity or quality or on air quality; The discharge ofwastewuter in excess qf NPDES permit limits has the potential to adversely impact smface water resources, 4) The cost of rectifying the damage; known 5) The amount of money saved by noncompliance; Unknown 6) Whether the violation was committed willfully or intentionally; Mt 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 NC.)1/-2015-042.2 — Ammonia (1.14V) — February 2015; NOV-2017-LV-0426 — pH minimum violation.— February 201 7; NOV-2017-1,17-0598 — BOD (DMV & MAV) May 2017; Case #: .1,V-2017-0321 — BOD (DIVW & M4 1), Fecal Coliform (DMV and pH minimum violation July 2017; NOV-201 7-1V-0812 — Fecal Colitbrm (DMJ) — August 2017; NOV-20.18-LV-0388 — BOD (DMT/ & AL4 V) and Ammo.nia (M4V) January 2018; Case 4: LV-2018-0.184 — Ammonia (Al'AFT) — February 20.18; NOD-2018-LV-0110 TSS (DMV) —June 2018; NOV-2018-LV-0724 — Fecal Coliform (DAM —July 2018; NOV-2018-1,11-0074 — BOD (DMV & MA I) and (4) Dissolved Oxygen monitoring violations — August 2018; NOV-2018-LM-0089 —130D (DM-17 & 11.,L41>9 and (3) Dissolved Oxygen monitoring violations — September 20.18. 8) The cost to the State of the enforcement procedures. 8111„38 Enforcement Cost: 1 hour staff time .$ 38.66 1 hour supervisor time $ 57.72 Administrative /CO staff cost $ 15.00 Total enforcement cost $ 111.38 Cdtcu ' rrecd ty: F161Fe.69A2D84 a.. for 'V. Corey Basinger. Regional upe sor enter Quality Regional Operations Section ores =file Regional Office Division of Cater Resources, NCDEQ r°um Springs 1t k 1 P DMRRV CORD 4 ooressfflle Regional Office Report Period: 1 chruary 2(119 Prior 't sessuneuts umber. C' 45471 Edna Factor: 1Gtt1 uttall # Duffel" Description 001 effluent to UT Duck Greek Waterbocly tta Duck Greek aterbody heal lcation to cnrnthly a=' ample Location: Violation Date Parenti 1DO 1 21251210 BOD, 5-Day t20 Deg. Dl Concentration 2125t2019 Nitrogen, Ammonia Total las N) - Concentration Frequency 2 X month Unit o Calculated o Over Measure Value Value 10 22.20 5 Ac' n 2 X month mgtl 10 10 153.4 Daily Linft Violations 1 Drabin Violation Date P 2141201? Outfall en 8t,D, 5-Day 120 Deg. Cl Concentration - Effluent Frequency 2 X month llnft of limi% Over Value Value 60.0 Other 'icalations/Stalff Remarks page 1 of4 Supervisor Remarks: Completed b:: .ssisrant Regional Supervisor Sign -off: i e ior1 alSupervisor Sign -off: Date: Date Date: Page 2of 2Wi49onth Enforcement History Permit Number: NCO 45471 Report Period: F hruary 2019 Limit Violation Sample Location Outfall 001 - Effluent Violation Report Violation Date Period Parameter Type NOD NOV CPA 2/28/2018 2-2018 Nitrogen, Ammonia Total (as Monthly Average N) Concentration Exceeded NOV-2018-0V-0480 LV-2018-0184 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. C1 - Concentration Daily Maximum Exceeded NOV-2018-LM-0074 LM-2018-0054 8/31/2018 8-2018 BOD, 5-Day (20 Deg, C) - Concentration Monthly Average Exceeded NOV-2018-LM-0074 LM-2018 0054 9/6/2018 9-2018 BOD, 5-Day (20 Deg. Cl - Concentration Daily Maximum Exceeded NOV-2018-L 9/30/2018 9-2018 BOD, 5-Day (20 Deg. C) - Concentration Monthly Average Exceeded NOV-2018-LM-0087 Monitoring Violation Sample Location: Outfali 001 - Effluent Violation Report Date Period Parameter Violation Type NOD NOV CPA 8/4/2018 8-2018 Oxygen, Dissolved (DO) Frequency Violation NOV-2018-LM'-0074 LM-2018-0054 8/11/2018 8-2018 Oxygen. Dissolved (DO) Frequency Violation NOV-2018-LM-0074 LM-2018-0054 /2018 8-2018 Oxygen, Dissolved (DO) Frequency Violation NOV-2018-LM-0074 LM-2018-0054 8/25/2018 8-2018 Oxygen, Dissolved (DO) Frequency Violation NOV-2018-LM-0074 LM-2018-0054 9/1/2018 9-2018 Oxygen Dissolved (DO) Frequency Violation NO'V-2018-LM-0087 9/8/2018 9-2018 Oxygen, Dissolved (DO) Frequency Violation NOV-2018-LM-0087 9/15/2018 9-2018 Oxygen, Dissolved (DO) Frequency Violation NOV-2018-LM-0087 Other Violation Sample Location: Violation Report Violation Date Period Parameter Type NOD NOV CPA Page 3 of 4 Other Violation ocation: Violation Report Period Paraeni Violation Type NOD NOV CPA 10/25/2018 Violation detected N 1-2018-P -0811 daring inspection. 10/25/2018 Violation detected during inspection NOD-2018-P -0311 Paef4 1,4,EceivErl,NcoENRoviiR April 15, 2019 W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ Subject: Mr. Basinger: NOTICE OF VIOLATION Tracking number: NOV-2019-LV-0249 Pelinit No. NC0045471 Barium Springs Home for Children Iredell County WOR 0 S mooRrsvILLE REGiON AL, OMCS Thank you for allowing Barium Springs Home for Children the opportunity to respond to the Notice of Violation issued April 5, 2019 by the Division of Water Resources. You will find below our response to the following infractions: Effluent BOD daily maximum exceeded 2-4- 2019; Effluent BOD monthly average exceeded; and effluent NH3-N monthly average exceeded. During the course of the first week of February, the operator on site noticed that the valve on the bell in the Imhoff tank appeared to be closed, but in actuality, was slightly opened, allowing constant flow to go into and through the sand filters. Upon noticing this abnormality, the operator adjusted and fixed the valve so that it would close fully and stop the flow ofwastewater However, by the time that this issue was noted and fixed, samples had already been pulled on. February 4. This constant flow prevented any detention time in the Imhoff tank, and consequently, both the BOD and the NI-13-N were abnormally high. As noted above, the operator was able to repair the valve that failed to fully close.This rectified the issue of flow constantly running to the 'filter as it came into the Imhoff tank, In addition, Envirolink ., _ ° e Ivor "g closer with. Ban Springs maintenance sty monitor the plant and ensure that tampering withfacilities does not occur, rder to closely In cbasin it is it belief" that is v ste rater t.reahnent plant is opera ing in an e E'ective manner that abides by regulations set forth by governingauthorities. We have taken measures to prevent. the above -noted issues from oc ttg in the future. In light oftlais, it is our request that the Division of Water Resources will onto consideration these circumstances when determining enforcement of this Notice of iol .tion. Sinner inrraSprings Ho e for Children Cc: Robin Shaw, Barium Springscate for Children Michael Myers, Envirolink David Strum, Envirolink Chris Bitterman, Erwirolink ROY COOPER MICY- AEL S, REGA,N UNDA COLPEPPER NO.R Mx Cw.nOLNA Envirnnmen rs7 Quullay Certified Mail #7018 0360 0002 2099 1697 Return Receipt Requested April 5, 2019 Celeste Dominguez Barium Springs Home for Children PO Box 1 Barium Springs, NC 28010 SUBJEC.I : NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: N©V-2019-LV-0249 Permit No. NC0045471 Barium Springs 'UTP Iredell County Dear Ms. Dominguez: A review of the February 2019 discharge Monitoring Report (DMR violation(s) indicated below:. 0 he subject facility revealed the Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent BOD, 5-Day (20 Deg. C) - 2/4/2019 15 39 Daily Maximum Exceeded Concentration (C0310) 001 22 Mon/28/2619 10 Effluent SOD, 5-Da ZO Deg.C)2, „15 thhly Average Exceeded Concentration (C0310) 001 Effluent Nitrogen, Ammonia (as 2/28/2019 4 Average ^� Total10.14 Monthly Average Exceeded N) - Concentration (C0610) 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. 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 Repots). 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 including 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, cDocuStgined by: A...444,, ii Papa.. F 151FB6R42084A3„ 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) 74-444144-4-: 7.4 E-, -E-E-R.Etz EEt E!, Dv5,4 4`' Ail, 444,4,4, 7.4