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Home My WebLink AboutWQCS00280_PC20230028_20230727ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality July 27, 2023 CERTIFIED MAIL 7020 3160 0002 0860 6337 RETURN RECEIPT REQUESTED Town of Liberty Attn: Scott Kidd, Town Manager P.O. Box 1006 Liberty, NC 27298-1006 SUBJECT: ASSESSMENT of CIVIL PENALTIES for Violations of NPDES Permit WQCS00280 Liberty Collection System Case Number: PC-2023-0028 Randolph County Dear Mr. Kidd: This letter transmits a notice of a civil penalty assessed against the Town of Liberty in the amount of $2,230.72 ($2,000.00 civil penalty + $230.72 in enforcement costs). This assessment is based upon the following facts: In March of 2023, Division of Water Resources/Winston-Salem Regional Office (DWR/WSRO) staff conducted a compliance evaluation inspection of the Town of Liberty's wastewater collection system pursuant to collection system permit WQCS00280. Permit violations were noted during that inspection. Based upon the above facts, I conclude as a matter of law that the Town of Liberty violated the terms, conditions, or requirements of collection system permit WQCS00280 in the manner and extent shown above. In accordance with the maximums established by G.S. 143-215.6A(a), 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 hereby make the following civil penalty assessment against the Town of Liberty: DffNorth Carolina Department of Environmental Quality I Division of Water Resources oan caaouNn Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 I Winston-Salem, North Carolina 27105 M336.776.9800 oep.m.m or em�nmen� Qualm $2,000.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00280, Part I, Paragraph 4. $0.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00280, Part III, Paragraph 1 and Part V, Paragraph 3. $2,000.00 Total Civil Penalty $230.72 Total Enforcement Costs $2,230.72 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of. Wren Thedford NC DEQ/DWR/Water Quality Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: 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. REQ� North Carolina Department ofEnvironmental Quality I Division ofWater Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 NORTH CAROLINA 336.776.9800 onparhnem of EmironmanW 9uallly 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. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Wren Thedford NC DEQ/DWR/Water Quality Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: 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 (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of REQ� North Carolina Department ofEnvironmental Quality I Division ofWater Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 NORTH CAROLINA 336.776.9800 onparhnem of EmironmanW 9uallly Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts flings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 AND Mail or hand -deliver a copy of the petition to: 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 (30) 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 about this letter, please contact Ron Boone of the Winston-Salem Regional Office at 336-776-9690 or via e-mail at ron.boone@deq.nc.gov. Sincerely, DocuSiTgned by: 145B49E225C94EA... Lon T. Snider, Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NCDEQ Attachments: 1. Waiver of Right to an Administrative Hearing and Stipulation of Facts 2. Justification for Remission Request 3. Findings and Decision and Assessment of Civil Penalties REQ� North Carolina Department ofEnvironmental Quality I Division ofWater Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 NORTH CAROLINA 336.776.9800 onparhnem of EmironmanW 9uallly STATE OF NORTH CAROLINA COUNTY OF RANDOLPH IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST TOWN OF LIBERTY LIBERTY COLLECTION SYSTEM PERMIT NO. WQCS00280 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. PC-2023-0028 Having been assessed civil penalties totaling $2,230.72 for violation(s) as set forth in the assessment document of the Division of Water Resources dated July 27th, 2023, 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 day of , 20 PRINTED NAME SIGNATURE ADDRESS TELEPHONE REQ� North Carolina Department ofEnvironmental Quality I Division ofWater Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 NORTH CAROLINA 336.776.9800 onparhnem of EmironmanW 9uallly JUSTIFICATION FOR REMISSION REQUEST DWR Case Number: PC-2023-0028 County: Randolph Assessed Entity: Town of Liberty Permit No.: WQCS00280 Amount Assessed: $2,230.72 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: D North Carolina Department of Environmental Quality I Division of Water Resources ✓ Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 NORTH CAROLINA 336.776.9800 onparhnem of EmironmanW 9uallly DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Town of Liberty — Liberty Collection System County: Randolph Case Number: PC-2023-0028 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; The collection system permit is intended to direct the permittee into proactively maintaining the system to prevent sanitary sewer overflows (SSOs) and their resulting harm to natural resources. The Town of Liberty has reported 57 sanitary sewer overflows over the three years prior to this inspection. The permittee's failure to fully comply with the permit demonstrates a greater potential to cause harm to natural resources and public health. 2) The duration and gravity of the violation; The FOG related violation has been repeated and ongoing since at least the August 2017 inspection. It was noted as a violation in the 8/2017, 9/2019, 1/2020, and 3/2023 inspections. The general observation violation was also noted as a violation in the 1/2020 inspection. 3) The effect on ground or surface water quantity or quality or on air quality; The failure of the Town to comply with the permit, as specified herein, has the potential to cause SSOs, which have a harmful impact on surface and/or groundwater. 4) The cost of rectifying the damage; These costs have not been calculated specifically but are assumed to be equal to the cost associated with fixing the violations and complying with the FOG component of the permit. 5) The amount of money saved by noncompliance; This amount has not been calculated but is likely equivalent to the amount the permittee would have spent to fully comply with all permit conditions. 6) Whether the violation was committed willfully or intentionally; The Division has no evidence that the violations were committed willfully or intentionally. D North Carolina Department of Environmental Quality I Division of Water Resources ✓ Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 NORTH CAROLINA 336.776.9800 onparhnem of EmironmanW 9uallly 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and The permittee has had 57 other similar SSOs in the three years prior to this inspection, which have resulted in 11 Notices of Intent to Enforce and 8 enforcements. 8) The cost to the State of the enforcement procedures. $230.72 The assessment factors listed above were considered. However, since this case pertains to the non -submittal of required information, impacts are unknown. cuSigned by: 7/26/2023 [�_"49E225C94EA -T. 15AaAr ... Date Lon T. Snider, Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NC DEQ REQ� North Carolina Department ofEnvironmental Quality I Division ofWater Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 NORTH CAROLINA 336.776.9800 onparhnem of EmironmanW 9uallly STATE OF NORTH CAROLINA COUNTY OF RANDOLPH IN THE MATTER OF CASE NO. PC-2023-0028 TOWN OF LIBERTY LIBERTY COLLECTION SYSTEM FOR VIOLATIONS OF: PERMIT NO. WQCS00280 NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, Lon T. Snider, of the Division of Water Resources (hereby known as DWR), make the following: I. FINDINGS OF FACT A. Town of Liberty is a person organized and existing under the laws of the State of North Carolina. B. On July 20th, 2021, the Division issued Town of Liberty Wastewater Collection System Permit Number WQCS00280, for the operation and maintenance of a wastewater collection system located at the Liberty Collection System, in accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina. C. On March 8th, 2023, Division of Water Resources/Winston-Salem Regional Office (DWR/WSRO) staff conducted a compliance evaluation inspection of the Town of Liberty's wastewater collection system pursuant to collection system permit WQCS00280. Two permit violations were noted during that inspection as detailed in the table below: Violation Violation Detail Permit Condition LFOG Program Insufficient documentation of the bi-annual distribution of Part I, FOG educational materials. Paragraph 4 This is a repeat violation, ongoing since the previous three compliance evaluation inspections, which date back to August 2017. 2. Annual No or insufficient documentation of the annual general Part V, General observation of the entire system. Paragraph 3 Observation of & Part Ill, Entire System This is a repeat violation, ongoing since the previous Paragraph I compliance evaluation inspection in January 2020. D. On March 30th, 2023, DWR/WSRO sent Town of Liberty Notice of Violation with Intent to Enforce, NOV-2023-PC-0114, for the violations noted in the table above. This notice REQ� North Carolina Department ofEnvironmental Quality I Division ofWater Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 NORTH CAROLINA 336.776.9800 onparhnem of EmironmanW 9uallly requested a written response from Town of Liberty that details the actions they have taken or plan to take to correct these violations. E. On April 13th, 2023, NCDWR/WSRO staff received a written response from the Town of Liberty's Public Works Director, Joseph Walsh. F. DWR considered repeat violations for penalty assessment. G. The cost to the State of the enforcement procedures in this matter totaled $230.72. Based upon the above Findings of Fact, I make the following: II. CONCLUSION OF LAW A. Town of Liberty is a `person' within the meaning of G.S. 143-215.6A pursuant to G.S. 143- 212 (4). B. Town of Liberty was issued Collection System Permit No. WQCS00280 in accordance with G.S. 143-215.1(a) for the operation and maintenance of a wastewater collection system. C. On March 8th, 2023, Town of Liberty violated the following conditions of collection system permit WQCS00280: 1. Part I, Paragraph 4, by failing to distribute FOG educational material to all users of the wastewater collection system bi-annually as required. 2. Part III, Paragraph 1, by failing to present for inspection documentation necessary to demonstrate compliance with Part V, Paragraph 3, which requires the permittee to perform an annual general observation of the entire wastewater collection system. D. Town of Liberty may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A (a)(2), which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000) per violation per day may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143-215.1, or who violates or fails to act in accordance with the terms, conditions, or requirements of such permit or any other permit or certification issued pursuant to authority conferred by this Part. E. The State's enforcement cost in this matter may be assessed against Town of Liberty pursuant to G.S. 143-215.3 (a)(9) and G.S. 14313-282.1(b)(8). F. Lon T. Snider, of the Division of Water Resources, pursuant to delegation provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, has the authority to assess civil penalties in this matter. REQ� North Carolina Department ofEnvironmental Quality I Division ofWater Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 NORTH CAROLINA 336.776.9800 onparhnem of EmironmanW 9uallly Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION Accordingly, Town of Liberty is hereby assessed a civil penalty of: $2,000.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00280, Part I, Paragraph 4. $0.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00280, Part V, Paragraph 3 and Part III, Paragraph 1. $2,000.00 Total Civil Penalty $230.72 Total Enforcement Costs $2,230.72 TOTAL AMOUNT DUE As required by G.S. 143-215.6A (c), in determining the amount of penalty, I considered the factors set out in G.S. 14313-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. E-"49E225C94EA cuSigned by: mlcr 7/26/2023 ... Date Lon T. Snider Division of Water Resources D North Carolina Department of Environmental Quality I Division of Water Resources ✓ Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 NORTH CAROLINA 336.776.9800 eaparMeM of EmironmanW 9uallly