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Home My WebLink AboutNC0045471_Remission Request (LV-2022-0030)_20220711 July 6,2022 Mr.W.Corey Basinger,Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources,NCDEQ Subject:Notice of Violation and Assessment of Civil Penalty O( ��y �� for Violations of North Carolina General Statute G.S.) 143-215.1 a 6 v and NPDES WW Permit No.NC0045471 Barium Springs Home for Children JUL 1 1 2022 Barium Springs Home for Children WWTP Case No.LM-2022-0030 Iredell County NCDEQ/DWR/NPDES Mr.Basinger, Thank you for allowing the Barium Springs Home for Children the opportunity to respond to this Notice of Violation issued June 8,2022;received June 11,2022.Below is our response to the limit exceedance and monitoring violation(s) that occurred during the March 2022 monitoring period,for a fecal coliform daily maximum limit exceedance on 3/24, and for the failure to meet the system's routine quarterly monitoring requirements. On March 24,the plant was experiencing inconsistent flow patterns that were passing through the filter bed too quickly, which created insufficient contact time in the chlorine contact chamber and caused fecal coliform to exceed the daily maximum limit. Operators responded by adding more chlorine to address and prevent any further fecal coliform exceedances. A miscommunication between the operators conducting sampling at the facility contributed to the inadvertent omission of the quarterly Nitrate/Nitrite,Total Phosphorous,and TKN samples.The factors that lead to this communication error have been identified and corrected,and the operators have since adhered to the routine monitoring requirements. In consideration of the missed sampling event,routine quarterly samples were taken early within the compliance period, collected on April 14,2022.Those samples were within compliance. With due regard,the Barium Springs Home for Children has taken these issues into account to prevent future non- compliance events.It is always our goal to remain in compliance with regulations set forth by the Division of Water Resources.It is our request that our cooperation and action in these matters be taken into account by the Division when proceeding with enforcement. Sincerely, Barium Springs Home for Children CC: Daniel Gatewood,Envirolink,Inc. Todd Robinson,Envirolink,Inc. Joshua Powers,Envirolink,Inc. JUSTIFICATION FOR REMISSION REQUEST Case Number: LM-2022-0030 County: Iredell Assessed Party: Barium Springs Home for Children Permit No.: NC0045471 Amount Assessed: $355.04 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); X (e) 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 penally will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: On March 24,the plant was experiencing inconsistent flow patterns that were passing through the filter bed too quickly,which created insufficient contact time in the chlorine contact chamber and caused fecal coliform to exceed the daily maximum limit, Operators responded by adding more chlorine to address and prevent any further fecal coliform exceedances. A miscommunication between the operators conducting sampling at the facility contributed to the inadvertent omission of the quarterly Nitrate/Nitrite,Total Phosphorous,and TKN samples.The factors that lead to this communication error have been identified and corrected,and the operators have since adhered to the routine monitoring requirements.In consideration of the missed sampling event,routine quarterly samples were taken early within the compliance period,collected on April 14, 2022.Those samples were within compliance. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF IREDELL IN THE MA rTER 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. LM-2022-0030 Having been assessed civil penalties totaling$355.04 for violation(s)as set forth in the assessment document of the Division of Water Resources dated June 08,2022,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 6 day of duly .20 22 RECEIVE/ 11 2022 SIGNATURE NCDEQIDWRINPDE' 'DRESS BariumspriN5rn-e r chi 1 4 r--er) p.0 „ So x 1 sari um Springs, AI c 28010 TELEPHONE ( ('120) 171 — 005f JUSTIFICATION FOR REMISSION REQUEST Case Number: LM-2022-0030 County: Iredell Assessed Party: Barium Springs Home for Children Permit No.: NC0045471 Amount Assessed: $355.04 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(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: ATTACHMENT A Barium Springs Home for Children CASE NUMBER: l_M-2022-0030 PERMIT: NC0045471 REGION: Mooresville FACILITY: Barium Springs Home for Children WWTP COUNTY: Iredell LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 -Effluent Violation Report Unit of Limit Calculated %Over Violation Penalty Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount 3/24/2022 3-2022 Coliform, Fecal MF, 2 X month #/100ml 400 2,419.6 504.9 Deily $150.00 MFC Broth,44.5 C Maximum Exceeded MONITORING VIOLATION(S) SAMPLE LOCATION: Outfall 001 Effluent Violation Report Unit of Limit Calculated %Over Violation Penalty Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount 3/31/2022 3-2022 Nitrogen,Total- Quarterly mg/I Frequency $60.00 Concentration Violation 3/31/2022 3-2022 Phosphorus,Total(as Quarterly mg/I Frequency $27.00 P)-Concentration Violation • • I