WQCS00055_NOV and Intent to Assess_2020-DV-0460_20201022

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ERTIFIED MAIL: 7017 0190 00005 442
RETURN RECEIPT REQUESTED
October 22, 2020
Terrell Blackmon, City Engineer
City of Henderson
PO Box 1434
Henderson, NC 27536-1434
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0460
Sanitary Sewer Overflows - September 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. 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 violations that are summarized
below:
Incident Start Duration
Number Date (Mips) Location
Total Vol
Total Surface
Vol Water
Cause (Gals) (Gals) DWR Action
202002629 9/18/2020 120 Neatherly Street Severe Natural 24,000 24,000 Notice of Violation
Condition
202002630 9/18/2020 300 N. Pinkston Street & Severe Natural
Farrar Ave. Condition
6,900 3,450 Notice of Violation
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Incident Start Duration
Number Date (Mina) Location Cause
Total Vol
Total Surface
Vol Water
(Gals) (Gals)
202002632 9/18/2020 300 Alexander Ave & S. Severe Natural 27,000
Elizabeth Street Condition
202002633 9/18/2020 300 Alexander Ave. & Severe Natural 36,000
Willow Lane Condition
DWR Action
27,000 Notice of Violation
36,000 Notice of Violation
202002638 9/17/2020 800 Sandy Creek Pump Severe Natural 250,000 250,000 Notice of Violation -
Station Condition Notice of Intent
202002640 9/17/2020 1,800 lied Bud Pump Station Severe Natural ~46,000 46,000 Notice of Violation -
Condition 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.
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,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: Raleigh Regional Office - WQS File
Laserfiche
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