NC0045471_LV-2021-0244_Remission Ack_20211108

November 8, 2021

Gregory A Heaton
Barium Springs Home for Children
PO Box 1
Barium Springs, NC 28010-0001

Subject: Civil Penalty Remission Request
Barium Springs Home for Children WWTP
NPDES Permit NC0045471
Case Number LV-2021-0244
Iredell County

Dear Mr. Heaton:

This letter is to acknowledge your request for remission of the civil penalty levied against the
subject facility. Unfortunately, the Division received the request after the allotted thirty (30) days
from your receipt of the assessment. Therefore, the request for remission cannot be accepted.
Please find attached the originally submitted request for remission.

If you have any questions about this matter, please contact me at [phone] or via e-mail at
[e-mail].

Sincerely,

Derek Denard, Environmental Specialist
Compliance & Expedited Permitting Unit
Division of Water Resources, DEQ

ec: DWR Laserfiche Files
Gregory A. Heaton [[e-mail]]
MRO / Corey Basinger [[e-mail]]; Wes Bel [[e-mail]]

DocuSign Envelope ID: 159E0A38-F4E3-4DAA-B6B6-F6A19130EFF0
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children's hope
October 19, 2021 RECEIVED
OCT 282021
Mr. W. Corey Basinger
Regional Supervisor NCDEQ/DWR/NPDES
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources,NCDEQ
Subject: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. NC0045471
Barium Springs Home for Children
Barium Springs Home for Children WWTP
Case No. LV-2021-0224
Iredell County
Mr. Basinger,
Thank you for allowing the Barium Springs Home for Children the opportunity to respond to the
Notice of Violation dated September 10, 2021; received September 28, 2021. This response
pertains to the violations that occurred during the June 2021 monitoring period. During June
2021, (2) BOD daily maximum exceedances and (1) BOD monthly average exceedance
occurred.
The Barium Springs WWTP is required to sample for BOD twice monthly as per the NPDES
permit. A BOD exceedance occurred on 6/23 at the plant, resulting in an effluent result of 13.4
mg/L. Effluent BOD on 6/2 was 8.0 mg/1, exceeding the daily maximum limit by 6.7%;however,
the results received on 6/23 were high enough to result in an exceedance of the monthly average
limit.
As the Division is aware,the ongoing capital upgrade project at the WWTP was still underway at
that time. This has impacted effluent quality during June 2021 and at various other times during
construction. During the June 2021 period, treatment was still restricted to sand filter#1 until
repairs to the#2 sand filter could be completed. Due to the age of the existing sand, flow was
passing through the filter media too rapidly, preventing sufficient contact time within the filter
bed and impairing BOD removal.
PO Box 98,Banner Elk,NC 28604 I www.childrenshopealliance.org I 828-898-5465
DocuSign Envelope ID: 159E0A38-F4E3-4DAA-B6B6-F6A19130EFF0
kifp
children's hope
As of 9/17, rehabilitation of sand filter#2 has been completed and is now fully operational. The
filter has been resupplied with sand and new piping. We are confident that this will significantly
improve the plant's BOD removal capabilities moving forward. The plant was fully compliant
during the following month of July, 2021.
As a children's home with limited resources, the repairs being completed are a major investment
for our facility and we appreciate the Division's willingness to work with us. We take
compliance with our NC-DEQ permit very seriously and are working hard to meet effluent
limits. It is our request that our attention in these matters be taken into account by the Division
when proceeding with enforcement.
Sincerely,
Greg Heaton
Barium Springs Home for Children
CC:
Todd Robinson, Envirolink
Joshua Powers, Envirolink
PO Box 98,Banner Elk,NC 28604 { www.childrenahopealliance.org I 828-848-5465
DocuSign Envelope ID: 159E0A38-F4E3-4DAA-B6B6-F6A19130EFF0
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2021-0244 County: Iredell
Assessed Party: Barium Springs Home for Children
Permit No.: NC0045471 Amount Assessed: $555.54
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);
X (b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
d) the violator had not been assessed civil penalties for any previous violations;
e) payment of the civil penalty 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:
The Barium Springs WWTP is required to sample for BOD twice monthly as per the NPDES permit.A BOD exceedance
occurred on 6/23 at the plant, resulting in an effluent result of 13.4 mg/L. Effluent BOD on 6/2 was 8.0 mg/I, exceeding the
daily maximum limit by 6.7%; however, the results received on 6/23 were high enough to result in an exceedance of the
monthly average limit.
As the Division is aware, the ongoing capital upgrade project at the WWTP was still underway at that time.This has
impacted effluent quality during June 2021 and at various other times during construction. During the June 2021 period,
treatment was still restricted to sand filter#1 until repairs to the#2 sand filter could be completed. Due to the age of the
existing sand,flow was passing through the filter media too rapidly, preventing sufficient contact time within the filter bed
and impairing BOD removal.
As of 9/17, rehabilitation of sand filter#2 has been completed and is now fully operational.The filter has been resupplied
with sand and new piping.We are confident that this will significantly improve the plant's BOD removal capabilities moving
forward.The plant was fully compliant during the following month of July, 2021.
As a children's home with limited resources, the repairs being completed are a major investment for our facility and we
appreciate the Division's willingness to work with us.
DocuSign Envelope ID: 159E0A38-F4E3-4DAA-B6B6-F6A19130EFF0
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF IREDELL
IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Barium Springs Home for Children
Barium Springs Home for Children WWTP
PERMIT NO.NC0045471 CASE NO. LV-2021-0244
Having been assessed civil penalties totaling$555.54 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated September 10,2021,the undersigned,desiring to seek remission of the civil penalty,does hereby
waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the
notice of assessment.
This the ` day of OG--tO`CeX 20 a\
SIGNATURE
RECEIVED ADDRESS
t ir T 2 8 2021 7 . `6Ux \
NCDEQIDWRINPDES aYLLm cA 5 / t— a B010
TELEPHONE
dap,- acto- au33
DocuSign Envelope ID: 159E0A38-F4E3-4DAA-B6B6-F6A19130EFF0