WQ0003090_SP-2023-0033_20230921

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of Liberty
Facility Name: Town of Liberty WWTF
Permit Number: W00003090
County: Randolph
Case Number: SP-2023-0033
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation;
The discharge entered a WS-III surface water. WS-III waters are used as sources of water supply for drinking, culinary, or
food processing purposes where a more protective WS-I or II classification is not feasible. These waters are also protected
for Class C uses. WS-III waters are generally in low to moderately developed watersheds.
2) The duration and gravity of the violation;
The irrigation system was on for three hours, resulting in a discharge of 9, 000 gallons of effluent entering surface waters.
3) The effect on ground or surface water quantity or quality or on air quality;
The discharge to waters of the State resulted in a documented increase in. fecal coliform, according to sample results.
Upstream
Downstream
Discharge
327 CFU/IOOmL
12, 000 CFU/IOOmL
12, 000 CFU/IOOmL
4) The cost of rectifying the damage;
The cost of rectifying the damage would be equal to the cost of remediating the affected areas.
5) The amount of money saved by noncompliance;
The amount of money saved by noncompliance would be equal to the cost of the repairs to the irrigation system and staff
gauge.
6) Whether the violation was committed willfully or intentionally;
Staff have no evidence to suggest that the violation was willful or intentional.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
The facility currently has a Special Order of Consent. The facility has multiple enforcements related to bypasses at the WWTF,
and multiple violations related to compliance inspections. Seven enforcement cases have been issued in the last 5 years. Twenty-
two Notices of Violation have been issued in the last five years.8)The cost to the State of the enforcement procedures.
$737.03
9/21/2023
Eu S�igTned by:
l . Jn.lAts'
_"PtAQF99rr'.QA A
Date Lon T. Snider, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7019 1120 0001 5505 1879
Return Receipt Reauested
Scott Kidd, Town Manager
The Town of Liberty
P.O. Box 1006
Liberty, NC 27298
NORTH CAROLINA
Environmental Quality
September 20, 2023
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of NC General Statute (G.S.) 143-215.1(a)(6)
and Non -discharge Permit No. WQ0003090
Town of Liberty
Town of Liberty WWTF
Case No. SP-2023-0033
Randolph County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,737.03 ($2,000 civil
penalty + $737.03 enforcement costs) against The Town of Liberty.
This assessment is based upon the following facts: an inspection of the Town of Liberty WWTF was
conducted on July 20, 2023. This inspection was conducted to verify that the facility is operating in
compliance with the conditions and limitations specified in Non -discharge Permit No. WQ0003090. This
inspection has shown the subject facility to be in violation of the conditions and limitations found in
Non -discharge Permit No. WQ0003090. The violations found during the inspection are summarized in
Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Liberty violated the
terms, conditions or requirements of Non -discharge Permit No. WQ0003090 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or
requirements of a permit required by G.S. 143-215.1(a).
North Carolina Department of Environmental Quality i Division of Water Resources
Winston-Salem Regional Office 1 450 West Hanes Mitl Road, Suite 300 1 Winston-Salem. North Carolina 27105
ei<r� c=saiv.
336.776.9800

Please be advised that operation of the subject facilities without a valid permit is a violation of G.S. 143-215.1, and
may subject you to appropriate enforcement actions pursuant to G.S. 143-215.6A, 6B, and 6C. Civil penalties of up
to $25,000 per day per violation may be assessed for failure to secure a valid permit.
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I,
Lon T. Snider, Regional Supervisor, Winston-Salem Regional Office hereby make the following civil penalty
assessment against Town of Liberty:
1 000 For 1 of 1 violations of Permit No. WQ0003090 Condition IIA by failing to operate and maintain
the subject non -discharge facilities so there is no discharge to surface waters.
1 000 For 1 of 1 violation of Permit No. WQ0003090 Condition III.5 by failing to prevent effluent
ponding in or runoff from the irrigation sites listed in Attachment B.
For 1 of 1 violation of Permit No. WQ0003090 Condition III.14 by failing to provide a gauge to
monitor waste levels in the 15-acre stabilization and storage lagoon.
2 000 TOTAL CIVIL PENALTY
737.03 Enforcement Costs
2 737.03 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include
waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or
new violation(s). Please submit payment to the attention of:
Non -Discharge Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation including a detailed
justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as
they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission
is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the
factual statements contained in the civil penalty assessment document. Because a remission request
forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of
your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in
dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Resources at the address listed below. In determining
whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of Water Resources will review your evidence and inform you of his
decision in the matter of your remission request. The response will provide details regarding the case
status, directions for payment, and provision for further appeal of the penalty to the Environmental
Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that
the Committee cannot consider information that was not part of the original remission request considered
by the Director. Therefore, it is very important that you prepare a complete and thorough statement in
support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30)
days of receipt of this notice. The Division of Water Resources also requests that you complete and
submit the enclosed "Justification for Remission Request."
Both forms should be submitted to the following address:
Non -Discharge Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a petition for an administrative hearing with the Office of Administrative
Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You
must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this
notice. A petition is considered filed when it is received in the Office of Administrative Hearings during
normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between
the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by
facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1)
copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of
Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the
details of the filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as
follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an
internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney
General's Office for collection of the penalty through a civil action. Please be advised that additional penalties
may be assessed for violations that occur after the review period of this assessment.

If you have any questions, please contact Caitlin Caudle with the Division of Water Resources staff of the
Winston-Salem Regional Office at [phone] or via email at [e-mail].
Sincerely,
DocuSiTgned bly�:
145ME225CMEA...
Lon T. Snider, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Winston-Salem Regional Office - Enforcement File
NON -DISCHARGE Compliance/Enforcement Unit - Enforcement File

JUSTIFICATION FOR REMISSION REQUEST
Case Number: SP-2023-0033 County: Randolph
Assessed Party: Town of Liberty
Permit No.: WQ0003090 Amount Assessed: $2,737.03
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For
Remission, Waiver of Right to an Administrative Hearing, and Stipulation of facts"form to request remission of
this civil penalty. You should attach any documents that you believe support your request and are necessary
for the Director to consider in evaluating your request for remission. Please be aware that a request for
remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of
the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting
whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted
only when one or more of the following five factors apply. Please check each factor that you believe applies to
your case and provide a detailed explanation, including copies of supporting documents, as to why the factor
applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully
applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty
assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e.,
explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was
unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e.,
explain how payment of the civil penalty will prevent you from performing the activities necessary to
achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF RANDOLPH
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town of Liberty )
Town of Liberty WWTF )
PERMIT NO. WQ0003090 ) CASE NO. SP-2023-0033
Having been assessed civil penalties totaling $2,737.03 for violation(s) as set forth in the assessment document of
the Division of Water Resources dated September 20, 2023, the undersigned, desiring to seek remission of the civil
penalty,
does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the
facts are as alleged in the assessment document. The undersigned further understands that all evidence
presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water
Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a
remission request will be allowed after (30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Town of Liberty
CASE NUMBER: SP-2023-0033
PERMIT NO: WQ0003090
REGION: Winston-Salem
FACILITY:
Town of Liberty WWTF
COUNTY: Randolph
VIOLATION
VIOLATION
PENALTY
DATE
AREA
TYPE
VIOLATION DESCRIPTION
AMOUNT
7/20/2023
End Use Irrigation
Violation detected during
Discharge to North Fork Rocky River from field 8
$1000
inspection
7/20/2023
End Use Irrigation
Violation detected during
Ponding and runoff from field 8
$1000
inspection
7/20/2023
Storage
Violation detected during
Staff gauge not resurveyed and reinstalled
$0
inspection

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF RANDOLPH
IN THE MATTER OF ASSESSMENT ) FINDINGS AND DECISION AND
OF CIVIL PENALTIES AGAINST ) ASSESSMENT OF CIVIL PENALTIES
Town of Liberty )
Town of Liberty WWTF )
PERMIT NO. WQ0003090 ) CASE NO. SP-2023-0033
Acting pursuant to North Carolina General Statutes (N.C.G.S.) 143-215.6(A) and the
delegation provided by the Secretary of the Department of Environmental Quality (DEQ) and the
Director of the Division of Water Resources, I, Lon T. Snider, Regional Supervisor for the Winston
Salem Regional Office of the Division of Water Resources (DWR), make the following:
I. FINDINGS OF FACT:
A. The Town of Liberty owns and operates a 550,000 GPD wastewater treatment and
spray irrigation facility known as Town of Liberty WWTF located in Randolph
County, North Carolina.
B. Town of Liberty WWTF consists of a bar screen, a Parshall flume, an influent lift
station with three 1,085 gallon per minute (GPM) pumps, approximately 1,000
linear feet (LF) of 10-inch force main, a 15 acre stabilization and storage lagoon
with 88 days of storage at the design flow, chlorination facilities, dual 1,830 GPM
vertical diffusion vane irrigation pumps with approximately 3,460 LF of 80inch
force main, a 155.18 acre spray irrigation area consisting of eight fields, and all
associated piping, valves, controls, and appurtenances.
C. The Town of Liberty was issued current Permit No. WQ0003090 dated April 16,
2019, to become effective May 1, 2019, with an expiration date of August 31, 2024.
D. On July 20, 2023, DWR staff conducted a routine compliance evaluation
inspection. During the inspection, it was determined that violations of Permit No.
WQ0003090 had occurred at the facility.
E. Permit Condition II.1 requires the Permittee maintain and operate the subject non -
discharge facilities so there is no discharge to surface waters; and Permit Condition
III.5 requires the Permittee take measures to prevent effluent ponding in or runoff
from the irrigation sites listed in Attachment B. On the day of the inspection the
following violation was found:
F. On the day of the inspection the following violation was found:
i. Staff tracked effluent ponding and runoff in field 8B to an unnamed
tributary between fields 7 and 8. Effluent was visible in the unnamed
tributary to the North Fork Rocky River. The provided 5-day report
estimated the volume discharged as 9,000 gallons. Staff collected upstream,
downstream, and discharge surface water samples during the inspection.
See attached lab results and maps for reference.

ii. Staff noted a broken spray head upslope of the North Fork Ricky River in a
different location in field 8B. Effluent was ponded at the edge of the spray
field and runoff was visible. Staff tracked the effluent runoff to a small
depression adjacent to the North Fork Rocky River. See attached map for
reference.
G. Permit Condition III.14 requires a gauge to monitor waste levels in the 15-acre
stabilization and storage lagoon be provided. On the day of the inspection the
following violation was found:
i. The staff gauge has not been reinstalled based on the survey findings
provided to staff on August 1, 2022. This was also mentioned in a May 2,
2022, inspection correspondence (NOD-2022-PC-0065).
H. On July 27, 2023, the Division issued a Notice of Violation (NOV)/Notice of Intent
to Enforce (NOI) to the Town of Liberty identifying the above -described violations
of Permit No. WQ0003090.
I. The NOV/NOI was sent via certified mail, return receipt requested, and received
on July 31, 2023, per the certified mail card.
J. The NOV/NOI required that a written response be provided within 10 days of
receipt of the Notice.
K. On August 25, 2023, DWR staff conducted a site visit to review the response items.
L. Staff costs and expenses associated with detecting violations, defining their nature,
and extent and bringing enforcement action totaled $737.03.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSION OF LAW:
A. The Town of Liberty is a "person" within the meaning of N.C.G.S. 143-215.6(A)
pursuant to N.C.G.S. 143-212(4).
B. Permit No. WQ0003090 is required by N.C.G.S. 143.215.1. The permit was
issued to the Town of Liberty, on April 16, 2019, to become effective May 1,
2019, with an expiration date of August 31, 2024.
C. The Town of Liberty violated Permit No. WQ0003090 to the manner and extent
described in Permit Condition II.1, above, when it failed to operate and maintain
the subject non -discharge facilities so there is no discharge to surface waters.
D. The Town of Liberty violated Permit No. WQ0003090 to the manner and extent
described in Permit Condition III.5, above, when it failed to prevent effluent
ponding in or runoff from the irrigation sites listed in Attachment B.
E. The Town of Liberty violated Permit No. WQ0003090 to the manner and extent
described in Permit Condition III.14, above, when it failed to provide a gauge to
monitor waste levels in the 15-acre stabilization and storage lagoon.
F. N.C.G.S. 143-2156A(a)(2) provides that a civil penalty of not more than $25,000
may be assessed against a person who fails to apply for or to secure a permit
required by N.C.G.S. 143-215.1, or who violates or fails to act in accordance with
the terms, conditions, or requirements of a permit required by N.C.G.S. 143-
215.1.

G. N.C.G.S. 143-215.6A(b) provides that if any failure to act as required by the rules
is continuous, a civil penalty of not more than $25,000 per violation may be
assess for each day the violation continues.
H. N.C.G.S. 143-215.3(a)(9) provides that the seasonable cost of any investigation,
inspection or monitoring survey may be assessed against a person who violates
any regulations, standards, or limitations adopted by the Environmental
Management Commission or violates any terms or conditions of any permit
issued pursuant to N.C.G.S. 143-215.1, or special order or other document issues
pursuant to N.C.G.S. 143-215.2.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISIONS
Pursuant to N.C.G.S. 143-2156A in determining the amount of the penalty, I have taken into
account the Findings of Face and Conclusions of Law and considered all of the factors listed in
N.C.G.S. 143B-282.1.
Accordingly, the Town of Liberty shall be, and hereby is, assessed a civil penalty of:
$ 1,000 For 1 of 1 violations of Permit No. WQ0003090 Condition II.1 by failing to
operate and maintain the subject non -discharge facilities so there is no discharge
to surface waters.
$ 1,000 For 1 of 1 violations of Permit No. WQ0003090 Condition III.5 by failing to
prevent effluent ponding in or runoff from the irrigation sites listed in
Attachment B.
$ 0 For 1 of 1 violations of Permit No. WQ0003090 Condition III.14 by failing to
provide a gauge to monitor waste levels in the 15-acre stabilization and storage
lagoon.
$ 2,000 TOTAL CIVIL PENALTY
$ 737.03 Investigation costs assessed
$ 2,737.03 TOTAL AMOUNT DUE
Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S. 143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;

(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing
violations occurring after the assessment period indicated above. Each day of a continuing
violation may be considered a separate violation subject to a maximum $25,000.00 per day penalty.
Civil penalties and investigative cost may be assessed for any other rules and statutes for which
penalties have not yet been assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to the Town
of Liberty in accordance with N.C.G.S. 143-215.6(A)(d).
cu Signed by:
9/21/2023 [�-'ME225C94EA
-T....
(Date) Lon T. Snider