WQCS00280_NOI2021DV0243_20210512

ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
Certified Mail # 7018 1130 0000 1612 5723
Return Receipt Requested
Scott Kidd
Town of Liberty
PO Box 1006
Liberty, NC 27298-1006
NORTH CAROLINA
Environmental Quality
May 12, 2021
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2021-DV-0243
Sanitary Sewer Overflows - January 2021
Collection System Permit No. WQCS00280
Liberty Collection System
Special Order of Consent WQS19-011
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 Collection System was granted interim reduced penalties for Sanitary Sewer
Overflows (SSO's) in exchange for the Town of Liberty's commitment to a schedule of improvements that will return
the system to compliance with the terms of the Town's Permit. The SOC contains provisions for the assessment of
stipulated penalties when either a SSO occurs, or schedule dates are not met.
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:
ODE
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North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105
336.776.9800

Incident Start Duration
Number Date
(Mins) Location Cause
Total
Vol
(Gals)
Total Vol
Surface
Water
(Gals) DWR Action
202100009 1/3/2021 265 West Kime Lift Station - Inflow and Infiltration
Manhole #400
3,360 3,360 Notice of Intent
202100011 1/3/2021 268 Kinro Rd - Manhole Inflow and Infiltration
#500B
3,600 3,600 Notice of Intent
202100012 1/3/2021 265 West Kime Ave - Inflow and Infiltration 3,360
Manhole #400A
3,360 Notice of Intent
202100353 1/31/2021 159 West Kime Lift Station - Inflow and Infiltration 3,200
Manhole #400
3,200 Notice of Intent
202100354 1/31/2021
159 West Kime Ave -
Manhole #400A
Inflow and Infiltration
3,200 3,200 Notice of Intent
202100355 1/31/2021 158 Kinro Rd - Manhole Inflow and Infiltration 3,520 3,520 Notice of Intent
#500B
You are directed to immediately take whatever remedial actions are necessary to return to compliance with the
subject permit. Paragraph 3(c) of the SOC stipulated that a penalty in the amount of $250.00 shall be paid for each
SSO greater than 1,000 gallons and Tess than 100,000 gallons and the amount of $500.00 shall be paid for each SSO
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 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].
Cc: Laserfiche
ODE
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Sincerely,
Lon T. Snider, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105
336.776.9800