WQ0003090_NOV-2021-DV-0212_20210414

ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
April 14, 2021
CERTIFIED MAIL 7018 1130 0000 1608 2156
RETURN RECEIPT REQUESTED
Mr. Scott Kidd
Town of Liberty
P.O. Box 1006
Liberty, North Carolina 27298
Subject: Notice of Violation and Intent to Enforce (NOV-2021-DV-0212)
Special Order of Consent WQS 19-011
Town of Liberty - Wastewater Surface Irrigation
Permit No. WQ0003090
Randolph County
Dear Mr. Kidd:
On January 1, 2021, the Environmental Management Commission entered into the subject Special
Order by Consent (SOC) whereby the Town of Liberty wastewater surface irrigation facility was
granted interim reduced penalties for bypasses from the wastewater treatment plant in exchange
for the Town of Liberty's commitment to a schedule of improvements that will return the facility
to compliance with the terms of the Non Discharge Permit. The SOC contains provisions for the
assessment of stipulated penalties when either a bypass occurs or schedule dates are not met.
Mr. Tremaine Fike, ORC, reported the following incidents to staff of the North Carolina Division
of Water Resources, Winston Salem Regional office, NCDEQ-DWR-WSRO, during the month of
March and April 2021:
Incident
Number
Incident Type Start Time End Time
Volume
(gallons)
202101055
Bypass from
3/19/2021
4/9/2021
1,605,550
chlorine contact
chamber
7:22 AM
2:33 PM
Mr. Fike reported that the wastewater bypassing the chlorine contact chamber did reach surface
waters, discharging to the Rocky River. Please be aware that bypass events are a violation of
Permit Condition III.12 which states that diversion or bypassing of untreated or partially
treated wastewater from the treatment facilities is prohibited.
LD_E
NORTH CAROLINA
Department of Environmental quaky
North Carolina Department of Environmental Quality j Division of Water Resources
Winston-Salem Regional Office 1450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105
336.776.9800

Additionally, freeboard has been out of compliance for the month of March. This exceedance is
a violation of Permit Condition III.13, which states that freeboard in the lagoon shall not be
less than one and one half (1.5) feet at any time.
You are directed to immediately take whatever remedial actions are necessary to lower the
freeboard and return to compliance with the subject permit. Paragraph 3(c) of the SOC stipulated
that a penalty in the amount of $500.00 shall be paid for each bypass greater than 100,001 gallons.
Paragraph 4 of the SOC enumerates circumstances under which stipulated penalties are not due,
essentially stating this provision is applicable when the Division of Water Resources can be
satisfied of the non-compliance was caused by events or circumstances beyond the control of the
Town of Liberty.
If you wish to present an explanation for the violations cited, provide additional information related
to those items, or if you believe there are other factors which should be considered, please send
such information to me in writing within ten (10) days following receipt of this Notice. Any
additional information received will be reviewed, to determine if an enforcement action is deemed
appropriate. Your written response should be sent to my attention at the address shown on the
letterhead.
If you or your staff have any questions concerning this Notice, please contact me at (336) 776-
9800 or [e-mail].
Sincerely,
,. Docu Signed < by:
L—on. l . JM.lhfs-
145B49E225C94EA..
Lon T. Snider, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ-WSRO
cc: Tremaine Fike - Town of Liberty (Electronic Copy)
Randolph County Environmental Health (Electronic Copy)
WSRO Electronic Files
Laserfiche Files
LD_E
NORTH CAROLINA
Department of Environmental quaky
North Carolina Department of Environmental Quality j Division of Water Resources
Winston-Salem Regional Office 1450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105
336.776.9800