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Home My WebLink AboutWQCS00055_NOV and Intent to Assess_2020-DV-0409_20200914ROY COOPER ,Ie MICHAEL S REGAN I A S¢trririry ..o. S. DANIEL SMITH raoH rf� C�WoiiH . Dtrr=ror fnvironmcnial Quality CERTIFIED MAIL: 7017 0190 0000 9569 8220 RETURN RECEIPT REQUESTED September 14, 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-0409 Sanitary Sewer Overflows - August 2020 Collection System Permit No. WQCS00055 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. For incident numbers 202002541 and 202002542 a five-day report was not submitted. Information on the 24-hour report was only reviewed for these two SSO's. 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 (Minn) Location Cause (Gals) (Gals) DWR Action 202002425 8/18/2020 70 Beckford Drive outfall Pipe Failure (Break) 3,500 1,000 Notice of Violation between two manholes (HEND39-MH479 and HEND38-MH467) Total Vol Incident Start Duration Number Date (Mins) Location 202002523 8/31/2020 90 Alexander Ave and Elizabeth St. 202002524 8/31/2020 90 Bridges Street 202002525 8/31/2020 90 S. Pinkston St. and Green Acres Outfall 202002526 8/31/2020 90 S. Pinkston St. and Green Acres Outfall 202002527 8/31/2020 90 N Pinkston St. and Farrar St. Cause Inflow and Infiltration, Severe Natural Condition Inflow and Infiltration, Severe Natural Condition Inflow and Infiltration, Severe Natural Condition Inflow and Infiltration, Severe Natural Condition Inflow and Infiltration, Severe Natural Condition Total Surface Vol Water (Gals) (Gals) DWR Action 13,500 13,500 Notice of Violation - Notice of Intent 24,750 24,750 24,750 24,750 Notice of Violation - Notice of Intent 24,750 Notice of Violation - Notice of Intent 24,750 Notice of Violation - Notice of Intent 24,750 12,375 Notice of Violation - Notice of Intent 202002528 8/31/2020 90 Neatherly Street Inflow and 24,750 24,750 Notice of Violation - Infiltration, Severe Notice of Intent Natural Condition 202002529 8/31/2U2u 202002541 8/3112020 202002542 8{31/20213 yu t KOCK �pnny DM=L 630 Sandy Creek pump station irnwvv QP0.t Infiltration, Severe Natural Condition Inflow and Infiltration, Severe Natural Condition 90 Martins Creek pump Inflow and station Infiltration, Severe Natural Condition 24,750 552,000 72,000 24,750 Notice of Violation - Notice of Intent 552,000 Notice of Violation - Notice of Intent 72,000 Notice of Violation - Notice of Intent This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted 'v olation. 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 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, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Cc: Raleigh Regional Office - WQS File Laserfiche - �MJ '\ Z-"