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Home My WebLink AboutNC0045471_LV20170321_20171121RD'Y COOPER Govanwr K -C- hECI-LAEL S- REGAN s9emtyy Water Resources LINDA CULPEPPER Certified Mail #70151520 0002 6880 3457 Return Receipt Requested November 21, 2017 John Koppelmeyer Barium Springs Home for Children NOV 2 7 2017 PO Box 1 Barium Springs, NC 28010 �� ' ` ` "' 4'Snrjion 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. NCO045471 Barium Springs Home for Children WWTP Case No. LV -2017-0321 Iredell County Dear Mr. Koppehneyer: This letter transmits a Notice of Violation and assessment of civil 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 ofNPDES WW Permit No. NCO045471 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 Office hereby make 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 Hearings: .r 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 (3 0) 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 byNCGS §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: (919) 431-3000 Fax: (919) 431-3100 One (1) 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 (3 0) 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 (704) 235-2192 or via email at wes.bell@ncdenr.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 (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: STATE OF NORTH CAROLINA COUNTY OF IREDELL IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Barium Springs Barium Springs WWTP PERMIT NO. NCO045471 DEPARTMENT OF ENVIRONMENTAL QUALITY" WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. LV -2017-0321 Having been assessed civil penalties totaling 553129 for violation(s) as set forth in the assessment document of the Division of Water Resources dated November 21, 2017, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the labove-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 of ADDRESS TELEPHONE SIGNATURE 20 ATTACHMENT A Barium Springs CASE NUMBER: LV -2017-0321 PERMIT: NCO045471 REGION: Mooresville FACILITY: Barium Springs WWTP COUNTY: Iredell LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 7/27/2017 7-2017 BOD, 5 -Day (20 Deg 2 X month mg/I 750 13 733 Daily $10000 C) - Concentration Maximum Exceeded 7/31/2017 7-2017 BOD, 5 -Day (20 Deg 2 X month mg/I 5 6.5 300 Monthly $25000 C) - Concentration Average Exceeded 7/27/2017 7-2017 Coliform, Fecal MF, 2 X month #/100ml 400 727 81 8 Daily $10000 MFC Broth, 44.5 C Maximum Exceeded 7/5/2017 7-2017 pH 2 X month su 6 58 -3.3 Daily $0.00 Minimum Not Reached