NC0045471_Regional Office Historical File Pre 2018 (19)

Water Resources
ttiV0014141047AL, GUALItY
Certified Mail #7015 1520 0002 6880 3457
Return Receipt Requested
November 21, 2017
John Koppelmeyer
Barium Springs Home for Children
PO Box 1
Barium. Springs, NC 28010
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
Bariurn Springs Horne for Children WWTP
Case No. LV-2017-0321
Iredell County
Dear Mr. Koppelmeyer:
ROY COOPER
S. REGAN
Secr+ttay
NDA CULPEPPER
hdsrj Director
This letter transmits a Notice of Violation and assessment ofcivil penalty in the amount of $553.29 ($450.00 civil penalty +
$103.29 enforcement costs) against Barium Springs.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Barium Springs for the month of July 2017. 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 July 2017, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Barium Springs 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).
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 ©Bice hereby snake the following civil penalty assessment against Barium
Springs:
State of North Carolina I Environmental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

Option 3: File a petition for an administrative hearing with the Office of Administrative Heari
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 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 §150B-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 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
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Wes Bell with the Division of Water Resources staff of the Mooresville Regional
Office at [phone] or via email at wes.bellignedenr.gov.
Sincerely,
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
NPDES Compliance/Enforcement Unit - Enforcement File

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2017-0321
Assessed Party: Barium Springs
Permit No.: NC0045471
County: Iredell
Amount Assessed: $553.29
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 .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 (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION;

STATE OF NORTH CAROLINA DEPARTMENTOF E 1' ON TAL QUALITY
COUNTY OF IREDELL
IN THE TTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Barium Springs
Barium Springs WWIT
PERMIT NO. N 0045471
AI'ER OF RIGHT TO AN
ISTRATWE HEG
ATION OF FACTS
CASE NO. EV-2017-032
Having been assessed civil penalties totaling $553.29 for violations) as set fo in the assessment document of the Division
of Water Resources datedNovecnber 21, 2017, 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 () days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment,
This the day of , 20
ADD SS
SIGNATURE
TELEPHONE

PERMIT: NC0 7
FACILI : Barlurn Springs
VIOLATIONS)
SAMPLE LOCATION: Outtall Q0 a Effluent
lation Report
ate Monthr Parameter
ATTACHMENT A
Barium Springs
CASE NUMBER: LV-017-0321
017 7-2017 SOD, 5-Day (20 Deg:
C) Concentration
Unit of
Frequency Measure Value Value Limit Type
REGION:
COUNTY: dell
2
h
011 7,50
Calculated % Over Violation
73
Daily
Maximurrm
Exceeded
$100,00
7/31l2 17 7-2017 SOD, 5-Day (20 Deg, 2 X month
C) - Concentration
6,5 30.E Monthly
Average
Fxneeded
$250,00
7/27/201 7-2017 Conform, Fecal MF, 2 Xmonth #1100ml 400 727 81,8 Daily
Maximum
Exceeded
MFO Broth, 44.5 C
7/5/2017 7-2017 pH 2 Xmonth su
Daily
Minimum Nat
Reached
100. 0
$0,00

November 10, 2017
Mr. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
610 East Center Avenue
Suite 301
Mooresville, NC 28115
Subject: Response to the Notice of Violation and Intent to Assess Civil, Penalty issued
on November 1, 2017 for the Barium Springs WWTP NC0045471-Case Number: NOV-
2017-LV-0712
Dear Mr. Basinger:
Barium Springs Home for Children appreciates the opportunity to respond to the
Notice of Violation related to the July 2017 Discharge Monitoring Report. This response
will provide additional information regarding the inspection findings and it is our hope
that the additional information is sufficient and that the Division will decide not to
pursue further action.
Effluent PH: On the week of July 5th„ 2017 the operator found that the effluent PH had
dropped over the holiday weekend. Soda Ashe was immediately added and the
effluent PH returned to normal
5 Day BOD Permit Limit Violations: The week of July 27th, 2017 the Plant maintenance
staff and the Plant ORC noticed some ponding areas on the filter beds. We believe this
caused the daily effluent BOD to be exceeded which also caused the monthly average
BOD to be exceeded. The Maintenance staff flushed the bed distribution piping
repeatedly in order to bring the ponding under control. The beds soon recovered and
appear to now be operating normally.
Fecal Conform: On July 27th, 2017 the daily max for Coliform was exceeded due to the
chlorine tablet feeder had jammed and wasn't feeding tablets correctly. Plant
maintenance staff cleaned the unit and returned to service and the feeder began
working properly.
Any penalty from this violation will create extreme 'burden on an already limited
operating budget for the Waste Water Plant. The Home for Children Maintenance staff
and the Plant ORC are committed to maintaining and operating the wastewater
treatment plant in a professional, responsible manner.

e trust that this letter addresses our response to the oti ' of Violation and.
demonstrates the Barium Springs flame for Children commitment to improving the
overall operation and condition of the wastewater treatment plant. Based on these
ems, we respectfully request that the Division. not seek any further enforcement action
f rr the Notice of Violation. If 1 can be of any further assistance or additional
information is needed, please do .t hesitate to ontat me.
Cc: Heather Adams
Tom hnsor

ROY COOPER
Gown or
MICHAEL S. REGAN
Sectary
S. JAY ZIMMERMAN
Certified Mail #7015 1520 0002 6880 3433
Return Receipt Requested
November 1, 2017
John Koppelmeyer
Barium Springs Horne for Children
PO Box 1
Barium Springs, NC 28010
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: N©V-2017-LV-0712
Permit No, N:C0045471
Barium Springs WWTP
Iredell County
Dear Mr. Koppelmeyer:
A review of the July 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
mit Exceedance Violation(s):
Sample
Location Parameter
001 Effluent pH (00400)
Limit Reported
Date Value Value Type of Violation
7/5/2017 6 5.8 Daily Minimum Not Reached
001 Effluent BCD, 5-Day (20 Deg. C) - 7/27/2017 7.5 13 Daily Maximum Exceeded
Concentration (C0310)
001 Effluent Coliform, Fecal MF, MFC Broth, 7/27/2017 400 727 Daily Maximum Exceeded
44.5 C (31616)
001 Effluent BOD, 5-Day (20 Deg. C) _ 7/31/2017
Concentration (C0310)
6.5 Monthly Average Exceeded
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.
State of North Carolina ( Environmental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

If you wish to provide additional information regarding the noted violation, request technical assistance, or
discus 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 civic 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,
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
NPDES Compliance/Enforcement Unit - Enforcement File
State of North Carolina I Environmental Quality Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

Facility Name: Barium Springs WWTP
Report Period: July 207
DMR REVIEW RECORD
Mooresville Regional Office
Permit Number: NC0045471
Prior Assessments: Enforcement Factor: 1.00
Outran/ OutaII Description
Waterbody
Waterbody Narne CIasscation
001 effluent to UT Duck Creek Duck Creek
Monthly Average Limit Violations
Sample Location: Outfall 001 - E
Violation
Date
7/31/2017
Parametel'
BOD, 5-Day (20
Concentration
Unit of Limit Calculated % Over
Frequency Measure Value Value Limit
2 X month mgll 5 6 50 30 0
Action
Daily Limit Violations
Sample Location: Outfall 001 - Effluent
Violation
Unit of Limit Calculated % Over
Date Parameter FrequencyMeasure Value Value Limit
Action
7/27/2017 BOD, 5-Day (20 Deg C) -
Concentration
2 X month
mg/I 7.50 13 73,3
7/7/2017 Chlorine, Total Residual
2 X week ug/I 17 28 64,7 No Action, BPJ
7/27/2017 Coliforrn, Fecal MF, MFC Broth,
44.5 C
2 X month #/100m1 400 727 81,8
7/5/2017 pH
2 X month su 6 5.80 -3,3
Other Violations/Staff Remarks:
Page 1 of 3

Sage or Rein ..aits :
Co plated b
,ssi tuft Regional
S ipa 'sot Sign -coif:
Regional Supervisor
Sign-off
Date:
Page 2 of

Se pie Leeetlaw
Date
Report
Period Parameter
Effluent
Prior 2-Month Enforcement Ilstor
Violation
Type
Report Pe
NOD
od€ Joly 2017
NOV CPA
2/14017 2-2017pH
Daily Minimum Not
Reached
NOV-2017-LV-0426
5/12/2017 5-2017 POD. 5-Day (20 Deg. C) w
Concentration
Daily Maximum
Exceeded
NOV-2017 LV-0598
2017 -2017 BD, 5-Day (20 Deg. C) Monthly Average
Concentration Exceeded
OV-2017-LV-0595
Page 3 o+

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Barium Springs
Facility Name: Barium Springs WWTP
Permit Number: NC0045471
County: Iredell
Case Number: LV-2017-0321
ASSESSMENT FACTORS
1) The degree and extent of harm to the n
property resulting from the violation;
/444.
2) The duration and gravity of the violation;
4-14 fedza .4
eses of the State, to the public health, or to private
3) The effect on ground or surface water quantity or quality or on air quality;
TL
4) The cost of rectifying the damage;
41,/611.
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 the
Environmental Management Commission has regulatory authority; and
LV-2013-0410 - Ammonia monthly average violation (April 2013);
NOV-2015-LV-0422 - Ammonia monthly average violation (February 2015)
NOV-2017-LV-0426 - pH minimum violation (February 2017);
NOV-2017-LV-0598 - BOD (daily and monthly) violations (May 2017).
8) The cost to the State of the enforcement procedures.
Enforcement Cost:
1 hour staff time, ,$ 34.51
1 hour supervisor time. ,$ 53.78
Administrative staff 15.00
Total Enforcement Cost $ 103.29

Date
W. Corey ger, Regional Supery
rater Quality Regional Operations do
Mooresville Regional Odic
Division of Water Resources, fits i