WQCS00280_NOV and Intent to Assess_20190625 (2)

ROY COOPER
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K41C IAEL S. REGAN
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LINDA CULPEPPER
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NORTH CAROL INA
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CERTIFIED MAIL: 7011 1570 0001 8546 4150
RETURN RECEIPT REQUESTED
June 25, 2019
Roger Davis
Town of Liberty
PO Box 1006
Liberty, NC 27298-1006
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2019-DV-0274
Sanitary Sewer Overflows - April 2019
Collection System Permit No. WQCS00280
Liberty Collection System
Randolph County
Dear Permittee:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Town of Liberty. The Division's Winston-Salem Regional Office concludes that the Town of Liberty violated Permit
Condition I (2) of Permit No. WQCS00280 by failing to effectively manage, maintain, and operate their collection
system so that there is no SSO (Sanitary Sewer Overflow) to the land or surface waters and the SSO constituted
making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by
G.S. 143-215.1.
The Winston-Salem Regional Office is providing the Town of Liberty an opportunity to provide evidence and
justification as to why the Town of Liberty should not be assessed a civil penalty for the violation(s) that are
summarized below:
Total Vol
Total
Surface
Incident Start Duration
Vol
Water
Number Date (Minn) Location
Cause (Gals)
(Gals) DWR Action
201900766 4/12/2019 109 West Kime Avenue
Inflow and Infiltration 1,650
1,650 Notice of Intent
201900767 4/12/2019 150 Kinro Road
Inflow and Infiltration 2,160
2,160 Notice of Intent
201900768 4/13/2019 360 West Kime Avenue
Inflow and Infiltration 4,680
4,680 Notice of Intent
Xorth Caronna Deps rtment of Environmental Quality I Oioision of Water Resources
WinsbanSalemR .,on JOfi-ice 1 450 West HanesViN Road. Swte30D I WinstonSaJern, WrthCarof,na27105
w� 336-7 76-9300

Total Vol
Total
Surface
Incident
Start
Duration
Vol
Water
Number
Date
(Mins)
Location
Cause
(Gals)
(Gals)
DWR Action
201900769
4/13/2019
480
Kinro Road
Inflow and Infiltration
11,040
11,040
Notice of Intent
201900770
4/13/2019
240
Starmount Outfall Line
Inflow and Infiltration
2,880
2,880
Notice of Intent
201900771
4/13/2019
90
Johnson Lift Station
Inflow and Infiltration
675
Notice of Violation
This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. Pursuant
to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed
against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any
permit issued pursuant to G.S. 143-215.1.
This office requests that you respond to this Notice, in writing, within 10 business days of its
receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other
actions taken to prevent the recurrence of similar situations. The response to this correspondence will be
considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface
waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors
considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance.
If you have any questions, please do not hesitate to contact Ron Boone with the Water Quality Section in the
Winston-Salem Regional Office at 336-776-9800 or via email at [e-mail].
Sincerely,
DocuSiigfned by:
ELL
-0, l c.Jnac,
Lon 4 niter, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
cc: Winston-Salem Regional Office - WQS File
NorthC'3ro;inaDepsrtmentoffnvironrnentalQua:ky I D;usioirofWater Resouroes
WhstonSa;eir. F .onaJOffice 1 450 West Hanes Miil Road. Swte30D I WinsbanSakem, North Caroi:na 27105
'r" '� 336-7 76-9300