WQCS00280_NOV2020DV0321_20200714

ROY COOPER
Governor
MICHAEL 5. REGAN
secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
£n vironmen tar Quality
CERTIFIED MAIL # 7018 1130 0000 1612 7079
RETURN RECEIPT REQUESTED
July 14, 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-0321
Sanitary Sewer Overflows - April 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
202001289 4/30/2020 295 West Kime Avenue Inflow and Infiltration 2,850 2,850 Notice of Intent
202001290 4/30/2020 295 West Kime Avenue Lift Inflow and Infiltration 2,850 2,850 Notice of Intent
Station
Xorth Ca rosins Deps rtment of Environmental Quality I dioision of Water Resources
WinstonSaiem Rs.,onsa Office 1450 West Mathes W 11 Road, Swte 300 I WinstonSaJern, North Carom$ 27105
�,•� 336-776-.OLI�5
O

Total Vol
Total
Surface
Incident
Start
Duration
Vol
Water
Number
Date
(Mins) Location
Cause (Gals)
(Gals) DWR Action
202001291
4/30/2020
135 Kinro Road
Inflow and Infiltration 780
780 Notice of Intent
202001298
4/30/2020
48 Johnson Lift Station
Inflow and Infiltration 1,800
1,800 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 10 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,
DocuSigned by:
OD2D3CE3F167456...
Lon T. Snider, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
Cc: Winston-Salem Regional Office - WQS File
Central Files, Water Quality Section
NorthC'3ro;inaDepsrtmentoffnvironrnentalQua:ky I D;usioirofWater Resouroes
WinstonSa;eir. F .onaJOffice 1 450 West Hanes Miil Road. Swte30D I WinsbanSakem, North Caroi:na 27105
336-776-9300