NC0045471_Settlement Agreement_20221107

ROY COOPER
Governor
ELIZABETH S. BISER
Secretory
RICHARD E. ROGERS, JR.
Director
CERTIFIED MAIL 7019 1120 0001
RETURN RECEIPT REQUESTED
Orien Dalton, Sr. Properties Director
Barium Springs Home for Children
PO Box 1
Barium Springs, NC 28010
Dear Mr. Dalton,
NORTH CAROLINA
Environmental Quality
November 7,2022
4877 5959
Subject: Settlement Agreement of Civil Penalty Assessment
NPDES Permit NC0045471
Barium Springs Home for Children
Barium Springs Home for Children WWTP
Iredell County
Please find attached a copy of the signed Settlement Agreement for NPDES Permit NC0045471
for the following enforcement cases: LV-2019-0098, LV-2019-0141, LV-2019-0185, LV-2019-
0203, LV-2020-0284, LV-2020-0341, LV-2020-0355, LV-2021-0017, LV-2021-0202, LV-2021-
0223, LV-2021-0244, LV-2021-03I4, LV-202I-0357, LV-2022-0004, LV-2022-0071, and LV-
2022-0099.
If you have any questions, please contact Siying Chen at 919-707-3619 or via email
[[e-mail]].
Sincerely,
Richard E. Rogers, Jr.
Director
Division of Water Resources
cc: NPDES files
NCDEQ Mooresville Regional Office — Water Quality Regional Operations
waLD_EQ$
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center 1 Raleigh. North Carolina 27699-1611
919.707.9000

NPDES Permit NC0045471
Settlement Agreement
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF CATAWBA
IN THE MATTER OF
NORTH CAROLINA
NPDES PERMIT NC0045471
)
)
)
HELD BY BARIUM SPRINGS HOME FOR CHILDREN )
SETTLEMENT AGREEMENT
Pursuant to provisions of North Carolina General Statute § 143-215.3(a)(6), this Settlement
Agreement (hereinafter, Agreement) is entered into by Barium Springs Home for Children and the
North Carolina Environmental Management Commission, an agency of the State of North Carolina
created by N.C. General Statute § 143B-282 (hereinafter, the Commission):
1. Barium Springs Home for Children and the Commission hereby agree to the following
findings:
(a.) Barium Springs Home for Children holds North Carolina National Pollutant Discharge
Elimination System (hereinafter, NPDES) permit NC0045471 for operation of the
Barium Springs Home for Children WWTP and for making an outlet therefrom for the
discharge of treated wastewater to an unnamed tributary to Duck Creek, currently Class
C waters of this State in the Yadkin -Pee Dee River Basin.
(b.) Effluent limits included as terms of NPDES permit NC0045471 have been established
as those concentrations of pollutants that may be discharged into the receiving stream
without causing applicable water quality standards to be contravened.
(c.) Barium Springs Home for Children has been noncompliant with the effluent limits
contained in NPDES permit NC0045471 in the manner and to the extent described in
paragraph (d.) below. Reported violations of effluent limits have persisted from
February 2019 through January 2022.
(d.) Barium Springs Home for Children has been assessed penalties totaling $8,966.74 for
reporting violation that occurred from February 2019 through January 2022. Of that
total, nothing has yet been remitted (reduced/removed), leaving the full outstanding civil
penalties balance of $8,966.74, as summarized in the table below.
Page 1 of 3

VIOLATION
MONTH
CASE
NUMBER
LETTER CIVIL
DATE PENALTY
NPDES Permit NC0045471
Settlement Agreement
ENFORCEMENT TOTAL
COST AMOUNT
February 2019
April 2019
May 2019
June 2019
April 2020
August 2020
September 2020
October 2020
April 2021
May 2021
June 2021
August 2021
September 2021
October 2021
December 2021
January 2022
LV-2019-0098
LV-2019-0141
LV-2019-0185
LV-2019-0203
LV-2020-0284
LV-2020-0341
LV-2020-0355
LV-2021-0017
LV-2021-0202
LV-2021-0223
LV-2021-0244
LV-2021-0314
LV-2021-0357
LV-2022-0004
LV-2022-0071
LV-2022-0099
05/07/2019
06/26/2019
08/07/2019
08/29/2019
10/06/2020
11/18/2020
12/10/2020
01/13/2021
07/20/2021
08/11/2021
09/10/2021
11/02/2021
12/07/2021
01/07/2022
03/08/2022
04/06/2022
Totals:
$600.00
$700.00
$450.00
$350.00
$900.00
$675.00
$525.00
$525.00
$350.00
$450.00
$437.50
$125.00
$437.50
$312.50
$125.00
$150.00
$7,112.50
$111.38
$111.38
$111.38
$111.38
$110.28
$118.04
$118.04
$118.04
$118.04
$118.04
$118.04
$118.04
$118.04
$118.04
$118.04
$118.04
$1,854.24
$711.38
$811.38
$561.38
$461.38
$1010.28
$793.04
$643.04
$643.04
$468.04
$568.04
$555.54
$243.04
$555.54
$430.54
$243.04
$268.04
$8,966.74
(e.) Following actions that will be taken by Barium Springs Home for Children to prevent
future violations, the North Carolina Department of Environmental Quality's Division
of Water Resources' Mooresville Regional Office is recommending a significant
reduction in the civil penalty balance while retaining all enforcement costs.
2. In order to facilitate resolution of the matters of outstanding civil penalties and unassessed
violations documented in paragraph 1. (d.) above, the Commission and Barium Springs
Home for Children agree to settle the above -described penalties and violations for the total
amount of $7,544.24. Payment shall be made by check made payable to the North Carolina
Department of Environmental Quality within 15 days of the execution of this Agreement,
and sent to the following address:
Attn: John Hennessy, Supervisor
Compliance & Expedited Permitting Branch
NC Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Full payment of the settlement amount shall constitute complete satisfaction of all
outstanding civil penalties assessed prior to the execution of this Agreement and resolve
all unaddressed violations occurring prior to January 2022.
3. Nothing in this Agreement relieves Barium Springs Home for Children of its duty to abide
by the terms of NPDES permit NC0045471. Noncompliance with the terms of the NPDES
Page 2 of 3

NPDES Permit NC0045471
Settlement Agreement
may subject Barium Springs Home for Children to the assessment of additional civil
penalties during the time this Agreement is in effect,
4. Requests, actions and or reports required by the terms of paragraph 2 above shall be deemed
overdue if they are not made, completed or submitted by the dates specified. The burden for
providing sufficient documentation of the satisfaction of the terms of this Agreement is held
entirely by Barium Springs Home for Children,
5. Because this is an Agreement between the Commission and Barium Springs Home for
Children, neither party will file a petition for a contested case or for judicial review
concerning its terms.
6. Barium Springs Home for Children shall be expected to comply with all schedule dates,
terms, and conditions of this Agreement. This Agreement shall be considered closed when
all terms and conditions are met, or upon written acknowledgement by the Commission.
For the Barium Springs Home for Children:
DA: ipaiLA„---/-
Orien Dalton
Sr. Properties Director
Date /tb/z /zz
For the North Carolina Environmental Management Commission:
Richard E. Rogers, Jr.
Director
North Carolina Division of Water Resources
for the Chair of the Commission
Date /& 3 / �2
Page 3 of 3