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HomeMy WebLinkAboutWQ0003090_Civil Penalty Assessment_20240606ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality June 6, 2024 CERTIFIED MAIL NO. 7022 24100003 1826 9944 RETURN RECIEPT REQUESTED Mr. Scott Kidd, 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 Statue (G.S.) 143-215.1(a)(6) And Non -Discharge Permit No. WQ0003090 And Special Order of Consent No. WQS19-011 ad. I Case No. SP-2024-0016 Randolph County Dear Mr. Kidd: This letter transmits an assessment of a penalty in the amount of $250.00 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 May 2024. This review has shown the subject facility to be in violation of the requirements found in Permit No. WQ0003090 and SOC No. WQS019-011 ad. I. This letter provides notice of a civil penalty assessed against the Town of Liberty in the amount of $250.00. 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. North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 I Winston-Salem, North Carolina 27105 NoanicaaouNn oep.m.m or em�nmen� Qualm 336.776.9800 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 Williams of the Winston Salem Regional Office at 336-776-9800, or via email at caitlin.williams6a deg.nc.gov. Sincerely, DocuSigned by: OD2D3CE3F1 B7456_. Jennifer F. Graznak, Assistant 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 naparMeM of EmironmanW 9uallly ATTACHMENT A Town of Liberty CASE NUMBER: SP-2024-0016 Incident Violation Violation Violation Total Penalty Number Date Type Description Volume Amount allons 202400906 5/14/2024 Bypass from Bypass from 9,000 $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