WQ0003090_Civil Penalty Assessment_20230424

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
April 24, 2023
CERTIFIED MAIL NO. 7019 1120 0001 5505 1725
RETURN RECIEPT REQUESTED
Mr. Scott Kid, Town Manager
Town of Liberty
P.O. Box 1006
Liberty, NC 27298
SUBJECT: Notice of Violation and Assessment of Civil Penalty
For violation of North Carolina General Statute (G.S.) 143.-215.1(a)(6)
And Non -Discharge Permit No. WQ0003090
And Special Order of Consent No. WQS19-011
Case No. PC-2023-0012
Randolph County
Dear Mr. Kidd:
This letter transmits an assessment of a penalty in the amount of $750.00 against the
Town of Liberty. On January 1, 2021, the Environmental Management Commission
entered into the subject Special order of 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 the schedule dates are not met.
A review has been conducted of the 5 Day Reports submitted by the Town of Liberty for
the month of April 2023. This review has shown the subject facility to be in violation of the
requirements found in Permit No. WQ0003090 and SOC No. WQS19-011. This letter
provides notice of a civil penalty assessed against the Town of Liberty in the amount of
$750.00. The violations that occurred are summarized in Attachment A to this letter.
This assessment has been taken under the authority of G.S. 143-215.6A and delegated
from the secretary of the Department of Environmental Quality pursuant to G.S. 143-
215.36(b)(7). Any continuing violations shall be subject to new enforcement actions,
including additional civil penalties.
DffNorth Carolina Department of Environmental Quality I Division of Water Resources
oan caaouNn
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 I Winston-Salem, North Carolina 27105
M336.776.9800
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Payment by certified check payable to the Department of Environmental Quality or
evidence to support your claim that noncompliance was beyond the Permittee's control
must be submitted to the Department at the address given below within thirty (30)
calendar days from receipt of this demand.
Director, Division of Water Resources
Department of Environmental Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you have any questions, please contact Caitlin Caudle with the Division of Water
Resources staff of the Winston Salem Regional Office at 336-776-98000, or via email at
Caitlin.caudle(a�ncdenr.gov.
Sincerely,
DocuSiiggned by:
1-.49E225CMEA-
Lon T. Snider, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ-WSRO
Attachments:
1. Attachment A, Summary of Violations
D North Carolina Department of Environmental Quality I Division of Water Resources
✓ Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105
NORTH CAROLINA 336.776.9800
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ATTACHMENT A
Town of Liberty
CASE NUMBER: PC-2023-0012
Incident
Number
Violation
Date
Violation
Type
Violation
Description
Total
Volume
(gallons)
Penalty
Amount
202300626
4/10/2023
Discharge
Bypass from
216,000
$500.00
without valid
chlorine
permit
contact
chamber
20230635
4/7/2023
Bypass from
Bypass from
1,000
$250.00
treatment
lift station
unit
D North Carolina Department of Environmental Quality I Division of Water Resources
✓ Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105
NORTH CAROLINA 336.776.9800
onparhnem of EmironmanW 9uallly