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Home My WebLink AboutWQCS00055_NOV and Intent to Assess_2020-DV-0306_20200713ROY COOPER Crnrrnnr MICHAEL S. REGAN Semlury S. DANIEL SMITH Director ERTIFIED MAIL: 7016 4428 7069 RETURN RECEIPT REQUESTED Terrell Blackmon, City Engineer City of Henderson PO Box 1434 Henderson, NC 27536 NQRT" CAROLINA Enviranmentat Quailry July 13, 2020 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2020-DV-0306 Sanitary Sewer Overflows - June 2020 Collection System Permit No. WQC500055 Henderson Collection System Vance County Dear Mr. Blackmon: 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: Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mins) Location Cause (Gals ) ) (Gals) DWR Action 202001969 6/17/2020 202001970 6/17/2020 720 Pinkston Street (Green Inflow and Infiltration 72,000 72,000 Notice of Violation Acres outfall) 540 Neatherly Street Inflow and Infiltration 72,000 72,000 Notice of Violation \, t:: ':•.!': ^i:iLi �"^!':' �S':1 �.i � '�_ _ ii:!-n!1`,r-kS D_E ry -nilg•:1g:•,:":! ??S:Ei �.?i:r 'i i:- -� _' - Total Vol Total Surface Incident start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWR Action 202001971 6/17/2020 300 Willow Lane Inflow and Infiltration 9,000 9,000 Notice of Violation 202001972 6/17/2020 200 1812 Brook Run Inflow and Infiltration 30,000 15,000 Notice of Violation 202001973 6/17/2020 300 Alexander Ave. Inflow and Infiltration 9,000 9,000 Notice of Violation 202001974 6/17/2020 300 Bridgers Street Inflow and Infiltration 18,000 18,000 Notice of Violation 202001975 6/17/2020 150 409 Harriett Street Inflow and Infiltration 9,000 9,000 Notice of Violation 202001976 6/17/2020 300 East Rock Spring Street Inflow and Infiltration 18,000 18,000 Notice of Violation 202001977 6/17/2020 300 Pinkston Street & Inflow and Infiltration 6,000 0 Notice of Violation Farra Ave 202001978 6/17/2020 460 1416 Rock Mill Rd. Inflow and Infiltration 11,250 11,250 Notice of Violation (Martins Creek Pump Station 202001979 6/17/2020 795 51 Vance Academy Rd. Severe Natural 150,000 150,000 Notice of Violation (Red Bud Pump Condition Station) 202001980 6/17/2020 390 482 Rock Mill Road Inflow and Infiltration 55,500 55,500 Notice of Violation (Sandy Creek Pump Station) 202002078 6/24/2020 120 Peace Street Extension Debris in line 6,000 6,000 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 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. DWE QX: •.:�^ Ci': ^t ac+^-Tt'' :!?rs r•r-t•a ;a i = vs:_ :! �:.ar'n:r.:rts ;tr(•Ft;r.t� ai-_ 3rer.='-t =st; rL"; _r:r+: 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 mitch.hayes@ncdenr.gov. Sincerely, ell Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Cc: Raleigh Regional Office - WQS File Laserfiche ��' h:9'�!] ^l a�f^.'^}•: r1 c•..-:•�4^i y.l :� �rl:':?451a'nt1:. a!}!