WQCS00280_NOINOV2020DV0211_20200507

ROY COOPER
Governor
MICHAEL 5. REGAN
secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
£n vironmen tar Quality
CERTIFIED MAIL: 7018 1130 0000 1612 7628
RETURN RECEIPT REQUESTED
May 07, 2020
Roger Davis
Town of Liberty
PO Box 1006
Liberty, NC 27298-1006
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0211
Sanitary Sewer Overflows - January 2020
Collection System Permit No. WQCS00280
Liberty Collection System
Randolph County
Dear Permittee:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Town of Liberty. The Division's Winston-Salem Regional Office concludes that the Town of Liberty violated Permit
Condition I (2) of Permit No. WQCS00280 by failing to effectively manage, maintain, and operate their collection
system so that there is no SSO (Sanitary Sewer Overflow) to the land or surface waters and the SSO constituted
making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by
G.S. 143-215.1.
The Winston-Salem Regional Office is providing the Town of Liberty an opportunity to provide evidence and
justification as to why the Town of Liberty should
not be assessed a civil penalty for the violation(s) that are
summarized below:
Total Vol
Total
Surface
Incident Start Duration
Vol
Water
Number Date (Minn) Location
Cause (Gals)
(Gals) DWR Action
202000016 1/3/2020 210 W Kimes Ave MH
Inflow and Infiltration 2,700
2,700 Notice of Intent
202000017 1/3/2020 210 W. Kime Ave LS
Inflow and Infiltration 2,700
2,700 Notice of Intent
202000018 1/3/2020 120 Kinro Rd
Inflow and Infiltration 1,200
1,200 Notice of Intent
Xorth Ca rosins Deps rtment of Environmental Quality I Oioision of Water Resources
WinstonSaiem R .,onsa Office 1450 West Mathes ViN Road, Swte 300 I WinstonSaJern, North Carolifka 27105
w� 336-776-9300

Incident
Number
Start
Date
Duration
(Mins)
Location
Cause
Total
Vol
(Gals)
Total Vol
Surface
Water
(Gals)
DWR Action
202000169
1/24/2020
300
Kinro Rd
Inflow and Infiltration
5,490
5,490
Notice of Intent
202000170
1/24/2020
261
West Kime Ave
Inflow and Infiltration
3,600
3,600
Notice of Intent
202000171
1/24/2020
197
Johnson Lift Station
Inflow and Infiltration
4,725
4,725
Notice of Intent
202000175
1/24/2020
146
Starmount Ave Outfall
Inflow and Infiltration
4,005
4,005
Notice of Intent
202000176
1/24/2020
213
W. Kime Ave LS
Inflow and Infiltration
3,000
3,000
Notice of Intent
This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. Pursuant
to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed
against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any
permit issued pursuant to G.S. 143-215.1.
This office requests that you respond to this Notice, in writing, within 60 business days of its
receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other
actions taken to prevent the recurrence of similar situations. The response to this correspondence will be
considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface
waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors
considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance.
If you have any questions, please do not hesitate to contact Ron Boone with the Water Quality Section in the
Winston-Salem Regional Office at 336-776-9800 or via email at [e-mail].
Sincerely,
�-,','49EUK94EA
SiTgned<by:
E
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...
Lon T.Snider, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
cc: Laserfiche
North Carokka Department of Environmental Quality I ❑hAsion of Water Resources
WinsrtonSaiem Regionsa Office 14W West lanes Will Road, Swte 3W I WinstonSaJern, North Carom$ 27105
arts 6�� 336-776-9 O