NC0025534_NOVNOI2020PC0539 Response_20210107

'CITY ARRAG COUNCIL..
CITY OF HENDERSONVILLE ,o„NP°FON
Mayor The City of Four Seasons City Manager
JERRY A. SMITH, JR. ANGEIA S. BEEKER
-Mayor Pro Tem City: Attorney
JEFF MILLER WATER AND. SEWER DEPARTMENT ANOEI-AREECE
DR. JENNIFER HENSLEY, Lee Smith Utilities Director City clerk
LYNDfSY $IMPSON + MP
Mr. Daniel Boss, Assistant Regional Supervisor
Water Quality RegionalOperations..Section
Asheville. Regional Office
Division of Water Resources, NCDEQ
Subject: NOV 2020 PC-0539, Permit No N00025534_.
City of Hendersonville Wastewater. Treatment Plant, Henderson County
Dear Mr. Boss,
I am writing this letter in response to: your letter (received December 31, 2020) concerning the. Notice of
Violation addressing the Unauthorized Bypass on October 29,.2020 thru October,30, 2020.
Starting on October 29" at around 5:00 P.M. the manhole located on the southeast side of the plant
outside of the fence by the water fill station startedifeaking, Unfortunately, due to this manhole's
location and the heavy rain it was not noticed until, t ie morning of October 30", at which time we
immediately reacted and began to ram
adfat�1,he`prdPldrtt Ihl tjle collections and distribution team
come out along with my team and'we c)eaded up altA }healud8e'ind Iliped the entire area. After we
did th11
at we.tarte. ogr Investigation a9 which time we noticed tti'at the marlh�;la I Jwas not attached.
OnTuesda av n V arep ire= drre t[Peh Th me A of n n e e problem
free ever Bice
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Subsequently, Mud Creek was out of its banks and Had that lower area completely flooded so I estimate
around 11;400 gallgns ofPFlRlaryTreated WasteyJat'entered�the creek which did not result in any fish
kills. We also santpled foriFecal Cittfor'm during tl '', Vent and tfi0, �baw,�stream Fecal
Coliform / per 106 ml.'of i7600 and an Upstrea IiF palrCohforrh /:'Pet 100 MLs of>3 ,100.1 have
already sent you the pictures of the spill and th�"oleitfp via email..
If you have any more questions or need further clarification regarding this matter please do not hesitate
to call meat [phone] or via email at dg emoss@hvinueov
Sincerely, �(� Y"-�
Garrett DeMoss, WWTP Facilities Manager
Water& Sewer Department
City of Hendersonville,, N.C. �
JAN - Z 2021 l
Niter Quality Regional Ooeref ore-
Asheville Reglo,naJ Qflc
305 Williams St. - [e-mail] Phone: [phone].
Hendersonville, NC 28792-4461 _ www.hendersonvlllenc.gov Fax; -[phone]

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CERTIFIED MAIL: 70201290 0001 1766 8231
RETURN RECEIPT REQUESTED
December 17, 2020
John F Cornet, City Manager
City of Hendersonville
145 Fifth Ave
Hendersonville, NC 28792
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020.PC-0539
Unauthorized Bypass
Permit No. NCO025534
Hendersonville WWTP
Henderson County
Dear Permittee:
A review has been conducted of the self -reported Bypass 5-Day Report submitted by the City of Hendersonville.
The Division's Asheville Regional Office concludes that the City of Hendersonville violated Permit Condition Part II.
Section C.4.c.1 which prohibits unauthorized bypass of wastewater.
The Asheville Regional Office is providing the City of Hendersonville an opportunity to provide evidence and
Justification as to why the City of Hendersonville should not be assessed a clvll penalty for the unauthorized bypass
event that is summarized below:
Incident Start
Number Date
Duration Total
(houm) Location Vol
Cause (Gals)
Total Vol
to Surface
Water
(0815) DWRActlon
202002887 10/29/2020
19 Sewage return line Unsecured manhole 22,6oD
rim, and Severe
11,400 Notice of Violation
Permit Sections
Natural Condition
Violated
Part II. Section C.4.c.1
Bypass from the treatment fdOl/tyIS proh/b/tedanal the Perm/tlssalngAuthor/ty may take
enforcement action apa/nst a Perm/ttee for bypass
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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 falls 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 30 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 me at 828-296-4500 or via email at
[e-mail].
Ec: Laserfiche
Sincerely,
Deen5�gned by:
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Daniel Boss, Asssistant Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
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