WQCS00055_NOV and Intent to Assess_2020-DV-0191_20200430

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MICHAEL S. REGAN
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S. DANIEL SMITH
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Envlronmentnf Quality
CERTIFIED MAIL: 7016 3560 0000 4428 6598
RETURN RECEIPT REQUESTED
April 30, 2020
Terrell Blackmon, City Engineer
City of Henderson
PO Box 1434
Henderson, NC 27536
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0191
Sanitary Sewer Overflows — January, February, March 2020
Collection System Permit No. WQCS00055
Henderson Collection System
Vance County
Dear Permittee:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Henderson. The Division's Raleigh Regional Office concludes that the City of Henderson violated Permit
Condition I (2) of Permit No. WQCS00055 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 Raleigh Regional Office is providing the City of Henderson an opportunity to provide evidence and justification
as to why the City of Henderson should not be assessed a civil penalty for the violation(s) that are summarized
below:
Incident Start
Number Date
202000449 2/6/2020
Duration
(Minn) Location Cause
540 sandy creek pump Severe Natural
station Condition
202000452 2/6/2020 270 red bud pump station Severe Natural
Condition
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
36,000 36,000 Notice of Violation
14,850 14,850 Notice of Violation
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Incident Start Duration
Number Date (Mips) Location Cause
202000505 2/7/2020 210 Willow Lane Severe Natural
Condition
202000506
2/6/2020
240
Pinkston street
Severe Natural
Condition
202000507
2/7/2020
30
Neatherly street
Severe Natural
Condition
202000509
2/7/2020
210
Alexander Ave.
Severe Natural
Condition
202000510
2/6/2020
840
Beckford drive outfall
Severe Natural
Condition
LuLUUV711 4111cUcv
202000688 2/14/2020
202001046 3/18/2020
120 Redbud outfall
30 Lynne Ave.
180 Fox Run
Severe Natural
Condition
Roots
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
52,000 52,000 Notice of Violation
12,000
300
1,050
210,000
0 Notice of Violation
300 Notice of Violation
1,050 Notice of Violation
210,000 Notice of Violation
24,000 24,000 Notice of Violation
150
150 Notice of Deficiency
Debris 3,000 3,000 Notice of Violation -
Notice of Intent
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 60 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 Mitchell Hayes with the Water Quality Section in
the Raleigh Regional Office at 919-791-4200 or via email at [e-mail].
Sincerely,
I � �-'J/ /
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
c: Raleigh Regional Office - WQS File
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