WQCS00055_NOV and Intent to Assess_20201116

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CERTIFIED MAIL: 7017 0190 0000 9569 8800
RETURN RECEIPT REQUESTED
November 16, 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-0503
Sanitary Sewer Overflows - October 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:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action
202002766 10/11/2020 210 Neatherly St Inflow and 11,400 11,400 Notice of Violation
Infiltration, Severe
Natural Condition

Incident
Number
Start Duration
Date (Mins) Location
202002767 10/11/2020
202002768 10/11/2020
Cause
210 S Pinkston St, GReen
Acres
Total
Vol
(Gals)
Inflow and
Infiltration, Severe
Natural Condition
Total Vol
Surface
Water
(Gals) DWR Action
11,400 11,400 Notice of Violation
210 S Pinkstan St
Inflow and 11,400 11,400 Notice of Violation
Infiltration, Severe
Natural Condition
202002770 10/11/2020
210 E Rock Spring St
Inflow and
Infiltration, Severe
Natural Condition
202002771 10/11/2020
4,600 4,800 Notice of Violation
210 N Pinkston St and Farrar Inflow and
Ave. Infiltration, Severe
Natural Condition
202002772 10/11/2020 210 Intersection of
Alexander Ave and
Elizabeth St
10,500 5,200 Notice of Violation
Inflow and 9,900 9,900 Notice of Violation
Infiltration, Severe
Natural Condition
202002773 10/11/2020 210 at Alexander Ave and
Willow Lane
202002785 10/11/2020
435 Sandy Creek Pump
Station
Inflow and 9,900 9,900 Notice of Violation
Infiltration, Severe
Natural Condition
Inflow and 75,000 75,000 Notice of Violation -
InFltration, Severe Notice of Intent
Natural Condition
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.
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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].
tit
Cc: Raleigh Regional Office - WQS File
Laserfiche
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

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