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HomeMy WebLinkAboutWQCS00280_NOI_NOV2022DV0085_SOC_WQS19_011_20220324ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Certified Mail # 7019 1120 0001 5504 7216 Return Receipt Requested Roger Davis Town of Liberty PO Box 1006 Liberty, NC 27298-1006 NORTH CAROLINA Environmental Quality March 24, 2022 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2022-DV-0085 Special Order by Consent WQS19-011 Sanitary Sewer Overflows - January 2022 Collection System Permit No. WQCS00280 Liberty Collection System 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 collection system was granted interim reduced penalties for sanitary sewer overflows (SSO) from the collection system 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 collection system permit. The SOC contains provisions for the assessment of stipulated penalties when either a SSO occurs or schedule dates are not met. The Town of Liberty reported the following SSOs to staff of the North Carolina Division of Water Resources, Winston Salem Regional office during the month August 2021: Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWR Action 202200048 1/3/2022 138 Kime Street Lift Station Inflow and Infiltration 1,800 1,800 Notice of Intent 202200049 1/3/2022 138 Kime Street Inflow and Infiltration 1,800 1,800 Notice of Intent 202200050 1/3/2022 264 Kinro Road Inflow and Infiltration 4,320 4,320 Notice of Intent D_EQ ) 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 336.776.9500 Incident Start Duration Number Date (Mins) Location Cause Total Vol Total Surface Vol Water (Gals) (Gals) DWR Action 202200051 1/3/2022 240 Johnson Lift Station Inflow and Infiltration 4,800 4,800 Notice of Intent 202200144 1/24/2022 80 South Greensboro Pipe Failure (Break) 950 950 Notice of Violation Street You are directed to immediately take whatever remedial actions are necessary to prevent recurrence of such SSOs and return to compliance with the collection system 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 less than 100,000 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 at 336-776-9690 or via email at ron.boone@ncdenr.gov. Cc: Laserfiche LD_E Sincerely, DocuSiiggned by: 145B49E225C94 EA... Lon T. Snider, Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NCDEQ North Carolina Department of Environmenta[ Quality I Division of Water Resources Winston-Salem Regional Office 1450 West Hanes Mill Road. Suite 300 I Winston-Salem. North Carolina 27105 336 .776.9600