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Home My WebLink AboutWQCS00055_NOV-2021-DV-0333_20210910(7 wri & (X) o 5,_ ROY COOPER Governor EUZABETH S. BISER Secretory S. DANIEL SMITH Director Certlflod Mali # 7020 3160 0000 2219 279,E Terrell Blackmon, City Engineer City of Henderson PO Box 1434 Henderson, NC 27536-1434 NORTH CAROLINA Emirunsisental Qualify August 10, 2021 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2021-DV-0333 Sanitary Sewer Overflows - July 2021 Collection System Permit No. WQCS00055 Henderson Collection System Vance County Dear Mr. Blackmon: AUG 0 2i}2] .1 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: Inddent Start Duration Number Date (Mins) Location Cause Total Vol Total Surface Vol Water (Gals) (Gals) DWR Action 202101533 7/8/2021 255 Neatherly street Inflow and Infiltration 6,375 6,375 Notice of Violation 202101534 7/8/2021 200 Bedcforth Drive Inflow and Infiltration 2,000 2,000 Notice of Violation 202101548 7/8/2021 290 Sandy Creek Lift Severe Natural Station-482 Rock Mill Condition Road 30,000 30,000 Notice of Violation Notice of Intent North Corokno D'prtnrwIro rrreNarlity I OSNIm of War Resources MIa1gh Selland anal I mooerrettOrl.e I PAN" North frtlis2 609 919.191.4200 Total Vol Total Surface Inddent Start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWR Action 202101549 7/8/2021 195 Martin's Creek Lift Severe Natural 4,875 4,875 Notice of Violation Station-1416 Rock Mill Condition Road 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 mitch.hayes@ncdenr.gov. ‘44 cc: Raleigh Regional Office - WQS Pile Laserfiche Sincerely, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ NorthrdrolneDepirtmentofErrAmpmetallealty I DiviisedViOurReseurces teYlgiteponlOtllce 13*OOMrrettAM talephNenAdmaitimos City of Henderson Public Works Department Post Office Box 1434.900 S. Beckford Drive Henderson, NC 27536-1434 Phone: (252) 431-6030 I Fax: (252) 431-0124 September 10, 2021 Mr. Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ 1628 Mail Service Center Raleigh, NC 27699-1628 Re: Response to Notice of Violation & Intent to Issue Civil Penalty Tracking No. — NOV-2021-DV-0333 Sanitary Sewer Overflows —July 2021 Henderson Collection System Permit No. — WQCS00055 Dear Mr. Vinson: I am writing in response to the above -mentioned violation that we received on August 30, 2021. The overflows in each incident were due to inflow and infiltration during extended periods of heavy rainfall. Once the rain event ended, the overflows subsided. Following the overflows, we cleaned debris and placed lime as needed. Moving forward, Henderson City Council has approved a CIP project for an EQ basin at the Sandy Creek Pump Station. This project is contingent on council allocating the funds for the project. The EQ basin will increase capacity at the pump station to help prevent spills. Henderson has also hired a consultant, WK Dickson, to assist our efforts in reducing I/1. WK Dickson has a working sewer model that will help us assess the problem areas in our system. With their help the City of Henderson received and accepted a loan in the amount of $2.5 million from the Clean Water State Revolving Fund for sewer rehabilitation in an effort to alleviate sources of I/1. City of Henderson Staff and WK Dickson held a project kickoff meeting on August 25, 2021 to begin initiating this project. We take our responsibility to maintain compliance for our collection system very seriously. Public Works is working closely with Engineering and HWRF to come up with solutions to fight our I/1 problem. I trust that you find the City's actions for compliance are satisfactory. Thank you very much for the opportunity to respond. Please feel free to contact our staff or myself should you need any further information. Sincerely, ee Owen Assistant Public Works Director CC! Edward Terrell Blackmon, City Manager Andy Perkinson, Public Works Director Joey Long, Distribution & Collection System Supervisor —Collection System ORC Christy Lipscomb, KLRWP Director/ORC, HWRF ORC File