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HomeMy WebLinkAboutWQCS00280_NOV-2022-DV-0129 NOI & SOC_WQS19_011_20220510ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Certified Mail # 7020 1810 0001 2074 8621 Return Receipt Requested Roger Davis Town of Liberty PO Box 1006 Liberty, NC 27298-1006 NORTH CAROLINA Environmental Quality May 10, 2022 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2022-DV-0129 Special Order by Consent WQS19-011 Sanitary Sewer Overflows - March 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 March 2022: Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWR Action 202200373 3/12/2022 99 Kinro Rd & Old 421 Rd Inflow and Infiltration 1,200 1,200 Notice of Intent 202200412 3/16/2022 986 Johnson Lift Station Inflow and Infiltration 5,400 5,400 Notice of Intent 202200413 3/16/2022 301 Kinro Road Inflow and Infiltration 3,000 3,000 Notice of Intent 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 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 L D_E Sincerely, DocuSiiggned by: Loti 1. tJMdiff 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 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 .776.9600