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Home My WebLink AboutNC0045471_LM-2022-0030 Remission (Decision)_20220907DocuSign Envelope ID: 58571 BCF-F7E4-401 B-AC99-65EC9A1233AF ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Environmental Quality NORTH CAROLINA 9/7/2022 CERTIFIED MAIL 7018 1830 0001 8036 8172 RETURN RECEIPT REQUESTED Gregory A Heaton Barium Springs Home for Children PO Box 1 Barium Springs, NC 28010 Subject: Dear Permittee: REMISSION REQUEST CIVIL PENALTY ASSESSMENT Barium Springs Home for Children WWTP Iredell County PERMIT NO: NC0045471 CASE NO: LM-2022-0030 I have considered the information submitted in support of your request for remission in the subject cases. In accordance with NCGS 143-215.6A (f), I have found no cause to remit the original civil penalty assessment of $355.04. If you choose to pay the penalty, send payment to the letterhead address within thirty (30) days of receipt of this letter. Please make the check payable to NC DEQ. If payment is not received within thirty (30) days of receipt of this letter, in accordance with NCGS § 143-215.6A (f), your request for remission of the civil penalty (with supporting documents) and my recommendation to deny the request will be delivered to the North Carolina Environmental Management Commission's (EMC) Committee on Civil Penalty Remissions (Committee) for final agency decision. If you desire to make an oral presentation to the Committee on why your request for remission meets one or more of the five statutory factors you were asked to address, you must complete and return the attached form within thirty (30) days of receipt of this letter. Please mail the completed form to: Siying Chen NC DEQ / DWR / NPDES 1611 Mail Service Center Raleigh, NC 27699-1617 Your request for an oral presentation and the documents in this matter will be reviewed by the EMC Chairman and, if it is determined that there is a compelling reason to require an oral presentation from you, you will be notified by certified mail of the date, time, and place that your oral presentation can be made. Otherwise, the final decision on your request for remission will be made by the Committee based on the written record. 1:/_E NORTH CAROLINA Department of Environmental Quality North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000 DocuSign Envelope ID: 58571 BCF-F7E4-401 B-AC99-65EC9A1233AF If you have any questions, please contact Siying Chen at 919-707-3619 or via e-mail at siying.chen@ncdenr.gov. Thank you for your cooperation in this matter. Sincerely, DocuSigned by: EC7%), 8328B44CE9EB4A1... Richard E. Rogers, Jr. Director, Division of Water Resources Attachment: DWR Civil Assessment Remission Factor Sheet (copy) & Request for Oral Presentation Sheet cc: Enforcement File #: LM-2022-0030 Mooresville Regional Office — DWR WQ Regional Operations D_E NORTHCAROLINA Department of Environmental Duel North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000 DocuSign Envelope ID: 58571 BCF-F7E4-401 B-AC99-65EC9A1233AF DIVISION OF WATER RESOURCES CIVIL PENALTY REMISSION FACTORS Case Number: LM-2022-0030 Region: Mooresville County: Iredell Assessed Entity: Barium Springs WWTP Permit: NC0045471 ❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: n (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: • (c) Whether the violation was inadvertent or a result of an accident: Permittee States: On March 24, the plant was experiencing inconsistent flow, which resulted in insufficient contact time and caused fecal coliform limit exceedance. Operators responded by adding more chlorine to rectify the problem. A miscommunication with the operators caused the inadvertent omission of the quarterly Nitrate/Nitrite, Total Phosphorous, and TKN sampling. The issue has been since corrected, and routine quarterly samples were taken within the compliance period, the results were in compliance. DWR Response: The operations staff failed to properly operate the wastewater treatment system by not providing adequate chlorination (chlorine tablets) to disinfect the wastewater and comply with the permit's fecal coliform limit. In addition, the operations staff failed to perform the quarterly total nitrogen and total phosphorus sampling that has been required in the subject permit for several permit cycles. It is this Office's opinion that justification was not provided and therefore, the request should be denied. n (d) Whether the violator had been assessed civil penalties for any previous violations: II (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: DECISION (Check One) Request Denied � Full Remission El Retain Enforcement Costs? Yes ❑ No ❑ Original Penalty (without Enforcement Costs) Partial Remission ❑ $ 237.00 (enter amount) or $ (amount remitted) Subtotal Retaining Enforcement Costs Total Revised Assessment DocuSigned by: $ 237.00 $ 118.04 $ 355.04 8328B44CE9EB4A1 9/7/2022 Richard E. Rogers, Jr. Date DocuSign Envelope ID: 58571 BCF-F7E4-401 B-AC99-65EC9A1233AF NC0045471 Remission Decision STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF IREDELL DWR Case Number LM-2022-0030 IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST: BARIUM SPRINGS HOME FOR CHILDREN REQUEST FOR ORAL PRESENTATION I hereby request to make an oral presentation before the Environmental Management Commission's Committee on Civil Penalty Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements: • This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied. • Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh, North Carolina. • My presentation will be limited to discussion of issues and information submitted in my original remission request, and because no factual issues are in dispute, my presentation will be limited to five (5) minutes in length. The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of this letter. Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may proceed with your oral presentation. See www.ncbar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal Ethics Opinion 3. • If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee; however, if you intend on having another individual speak on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. • If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non - lawyers is permissible. If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations, partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of law. Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee is informed that a violation of the State Bar occurs. This the day of , 20 SIGNATURE TITLE (President, Owner, etc.) ADDRESS TELEPHONE ( )