WQCS00055_DV-2021-0179_20211203

RO'Y COOPER
Governor
EUZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Certified Mail # 7020 3160 0000 4115 6600
Return Receipt Requested
Terrell Blackmon, City Engineer
City of Henderson
PO Box 1434
Henderson, NC 27536-1434
NORTH CAROLINA
Environmental Quality
December 03, 2021
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and Collection System Permit No. WQCS00055
City of Henderson
Henderson Collection System
Case No. DV-2021-0179
Vance County
Dear Mr. Blackmon:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,286.57 ($1,250.00 civil penalty
+ $36.57 enforcement costs) against City of Henderson.
This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO)
5-Day Report submitted by City of Henderson. This review has shown the subject facility to be in violation of the
requirements found in Collection System Permit No. WQCS00055 and G.S. 143-215.1(a)(1). The violation(s) that occurred
are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that City of Henderson violated the terms, conditions or
requirements of Collection System Permit No. WQCS00055 and G.S. 143-215.1(a)(1) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed
against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Nerth Carolina Department of Environmental I Dhislon of Water Resources
Raleigh Regional Office I3800Barrett Drive Raleigh North Carolina2t609
919.791.4200

Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, Scott
Vinson, Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against City of
Henderson:
$1,250.00 For 1 of the 4 violations of Collection System Permit No. WQCS00055 and G.S. 143-215.1(a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.
$1,250,00 TOTAL CIVIL PENALTY
$36.57 Enforcement Costs
$.1,286.57 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or Iegal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties.
Waiver of Ri hg_t to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
AND
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
1628 Mail Service Center, Raleigh
Raleigh, NC 27699-1628

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document, you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Mitchell Hayes with the Division of Water Resources staff of the Raleigh
Regional Office at [phone] or via email at mitch,[e-mail].
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Raleigh Regional Office - Enforcement File
Laserfiche

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2021-0179
Assessed Party: City of Henderson
Permit No.: WQCS00055
County: Vance
Amount Assessed: $1,286.57
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (Le., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF VANCE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
City of Henderson
Henderson Collection System
PERMIT NO. WQCS00055
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. DV-2021-0179
Having been assessed civil penalties totaling $1,286.57 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated December 03, 2021, the undersigned, desiring to seek remission of the civil penalty, does
hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days
of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days
from the receipt of the notice of assessment.
This the day of , 20
ADDRESS
SIGNATURE
TELEPHONE

ATTACHMENT A
City of Henderson
CASE NUMBER: DV-2021-0179
PERMIT NO: WQCS00055
FACILITY: Henderson Collection System
Other Violations
REGION: Raleigh
COUNTY: Vance
INCIDENT VIOLATION
NUMBER DATE VIOLATION TYPE
VIOLATION DESCRIPTION
202101534 7/8/2021 CSO/SSO(Sewer Overflow)
Discharge without valid permit
202101549 7/8/2021 CSOISSO(Sewer Overflow)
202101533 7/8/2021 CSO/SSO(Sewer Overflow)
TOTAL VOLUME PENALTY
(GALLONS)
AMOUNT
2,000
Discharge without valid permit
4,875
Discharge without valid permit
6,375
202101548 7/8/2021 CSO/SSO(Sewer Overflow)
Discharge without valid permit
$0.00
$0.00
$0.00
30,000 $1,250.00

DMSION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: City of Henderson
Facility Name: Henderson Collection System
Permit Number: WOCS00055
County: Vance
Case Number: DV-2021-0179
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation;
A total of 30,000 gallons overflowed from the Sandy Creek Pump Station due to severe natural condition and I/I. All
30,000 flowed to Sandy Creek, a Class B; NSW in the Tar Pam River Basin. Increased nutrients and pathogens to surface
waters.CR. - L& s' �°-'# - q v4 J v t o c f .
2) The duration and gravity of the violation;
The SSO started 07.08.2021 at 3:40 pm and ended the same day at 8:30 pm.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on surface water quality include risks to public health and increased nutrients and pathogens to surface waters,
V1A Y G.l\ C ✓1 C.N.64, Q — L.J4 i / v "'✓ yeco ( V t`O [Z— t .
4) The cost of rectifying the damage; V
The cost of rectifying the damage is not given.
5) The amount of money saved by noncompliance;
It is believed that no money was saved by the noncompliance.
6) Whether the violation was committed willfully or intentionally;
It does not appear that the violation was committed willfully or intentionally.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority;
There have been 8 enforcement cases against the violator within the last 12 months.
8) The cost to the State of the enforcement procedures.
$36.57
Date
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

ROY COOPER
IMC
Governor
MICHAEL S REGAN
Secretory
Water Resources
ENVIRONMENTAL QUALITY
April 17, 2018
Mr Frank Frazier, City Manager
City of Henderson
PO Box 1434
Henderson, NC 27536
Subject. Permit No WQCS00055
City of Henderson
City of Henderson Collection System
Vance County
Dear Mr Frazier
LINDA CULPEPPER
Interim Director
in accordance with your application received March 28, 2018, we are forwarding herewith Permit No
WQCS00055, dated Apnl 17, 2018, to the City of Henderson for the operation and maintenance of the subject
wastewater collection system
This permit shall be effective from May 1, 2018 until April 30, 2026 and shall be subject to the conditions and
limitations specified herein. It is your responsibility to thoroughly review this permit Please pay particular
attention to the monitoring and reporting requirements in this permit and any special conditions
Changes have been made to the boiler plate language of the permit Most of the changes are for clarification
purposes, however Condition 1(3) has been removed. The Department of Environmental Quality (DEQ)
believes that condition was included erroneously in previous permits It was included based on proposed
rulemaking by EPA which was never promulgated and, in the continued absence of Federal regulations, DEQ
lacks authority to include such language in a permit DEQ will continue to exercise enforcement discretion
when evaluating sanitary sewer overflows that may be considered to be beyond the reasonable control of the
Permittee A highlighted copy of the permit identifying the changes made is available at:
http://ncdenr.s3 amazonaws com/s3fs-
public/Water%20Quality/Surface%20Water%20Protection/PERCS/WCS%20(Collection%20Svstem}/Updated
%20WQCS%20Template%2015 0518%20(highlightedl.odf
For purposes of permitting, the collection system is considered to be any existing or newly installed system
extension up to the wastewater treatment facility property or point of connection with a separately owned
sewer system The collection system is considered all gravity lines, pump stations, force mains, low pressure
sewer systems, STEP systems, vacuum systems, etc and associated piping, valves and appurtenances that
help to collect, manage and transport wastewater to a wastewater treatment plant under the Permittee's
ownership or maintained and operated by the Permittee through a perpetual legal agreement Satellite
systems are systems tnbutaryto the Permittee's collection system but those collection systems are not owned
or maintained by the Permittee. The system description provided on Page 1 of this permit is meant to provide
a general idea about the size of the system and may not be all inclusive of the collection system at the time of
permit issuance or afterward.
1617 Mad Sernoe Center, Raleigh, North Carolina 27699-1617
Phone [phone] Internet www ncwaterquality erg
Art Equal OppertuMy %N1iirmetee Acboo Employer— Made n parr by recycled paper

City of Henderson Collection System
April 17, 2018
A discharge of wastewater to the environment from the Permittee's wastewater collection system prior to
reaching the wastewater treatment facilities is referred to herein as a Sanitary Sewer Overflow (SSO) The
evaluation of enforcement options after an SSO will be determined considering all relevant information
available or requested of the Permittee Compliance with all conditions of the permit as well as all statutes
and regulations pertaining to the wastewater collection system must be maintained or appropriate
enforcement actions may be taken as noted in Condition VI(2)
A reportable SSO is an SSO greater than 1,000 gallons to the ground or an SSO of any amount that reaches
surface water (including through ditches, storm drains, etc) Reporting requirements including the required
verbal report and written report to the appropriate regional office are referenced in Condition IV(2). Form
CS-SSO can be downloaded from the SSO Reporting area at
httrr//ncdenr s3.amazonaws com/s3fs-
publ ic/Water%20Qua lity/Surface%20Water9620Protection/PE RCS/WCS%20(SSO%20Documents)/CS-
SSO(2015) doc
A notice of deficiency (NOD), notice of violation (NOV), civil penalty, and/or a moratorium on the addition of
waste to the system may be issued if adequate Justification for an SSO is NOT submitted to the regional office.
In order to submit a claim for justification of an 550, you must use Part II of form CS-SSO with additional
documentation as necessary DWR staff will review the justification claim and determine if enforcement
action is appropriate Please be advised that the information needed to justify a spill is very comprehensive
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing upon written request within thirty days following the receipt of this permit.
This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina
General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC
27699-6714 Unless such demands are made, this permit shall be final and binding
If you have questions regarding compliance, contact the appropriate regional office If you need additional
information concerning this permit, please contact Steve Lewis at [phone]
Sincerely,
for Linda Culpepper
Interim Director, Division of Water Resources
by Deborah Gore, Supervisor
Pretreatment, Emergency Response, Collection System Unit (PERCS)
enclosure Permit No WQC500055
cc Raleigh Regional Office, Water Quality Regional Operations (electronic)
Water Resources Central Files — WQCS00055 (electronic)
Maureen Kinney, NC Operators Certification Program (electronic)
PERCS Files (electronic)

DWR
Division of Water Resources
State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources
Collection System Sanitary Sewer Overflow Reporting Form
Form CS-SSO
PART I:
This form shall be submitted to the appropriate DWQ Regional Office within five business days of the first knowledge of the
sanitary sewer overflow (SSO).
Permit Number: WQCS00055 (WQCS# if active, otherwise use WQCSD#)
Facility: Henderson Collection System Incident #: 202101548
Owner: City of Henderson
City: Henderson
County: Vance Region: Raleigh
Source of SSO (check applicable): ❑ Sanitary Sewer 121 Pump Station / Lift Station
SPECIFIC location of the SSO (be consistent in description from past reports or documentation - i.e. Pump Station 6,
Manhole at Westall & Bragg Street, etc): Sandy Creek Lift Station-482 Rock Mill Road
Manhole #:
Latitude (Decimal Degrees): Longitude (Decimal Degrees): _
Incident Started Dt: 07/08/2021 Time: 3:40 pm Incident End Dt: 07/08/2021 Time: 08:30 pm
(mm-dd-yyyy) (hh:mm AM/PM) (mm-dd-yyyy (hh:mm AM/PM)
Estimated Volume of the SSO: 30,000 gallons Estimated Duration (Round to nearest hour): 4:50 hours
Describe how the volume was determined: Visual Estimation
Weather conditions during the SSO event: Remnants of Hurricane Elsa
Did SSO reach surface waters? El Yes ❑ No ❑ Unknown Volume reaching surface waters (gals): 30000
Surface water name: Sandy Creek (Fox Reservoir, Roland Pond, Club Pond, Weldons Mill Pond, Southerlands Pond)
Did the SSO result in a fish kill? ❑ Yes 2 No ❑ Unknown If Yes, what is the estimated number of fish killed? 0
SPECIFIC cause(s) of the SSO:
Severe Natural Conc
24 hour verbal notification (name of person contacted ): Stephanie Goss
171 DWR ❑ Emergency Mgmt Date (mm-dd-yyy): 07/09/2021 lime (hh:mm AM/PM): 01:10:00 pm
If an SSO is ongoing, please notify the appropriate Regional Office on a daily basis until SSO can be stopped.
Per G.S. 143-215.1C(b), the responsible party of a discharge of 1,000 or more of untreated wastewater to surface waters
shall issue a press release within 24-hours of first knowledge to all print and electronic news media providing general
coverage in the county where the discharge occurred. When 15,000 gallons or more of untreated wastewater enters surface
waters, a public notice shall be published within 10 days and proof of publication shall be provided to the Division within 30
days. Refer to the reference statute for further detail.
The Director, Division of Water Resources, may take enforcement action for SSOs that are required to be reported to
Division unless it is demonstrated that:
1) the discharge was cause by sever natural conditions and there were no feasible alternative to the discharge; or
2) the discharge was exceptional, unintentional, temporary and caused by factors beyond the reasonable control of the
Permittee and/or owner, and the discharge could not have been prevented by the exercise of reasonable control.
Part II must be completed to provide a justification claim for either of the above situations. This information will be the basis
WHETHER OR NOT PART III IS COMPLETED, A SIGNATURE IS REQUIRED AT THE END OF THIS FORM
CS-SSO Form
Page: 1

PART II:
ANSWER THE FOLLOWING QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PART I OF THIS FORM AND
INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED
COMPLETE ONLY THOSE SECTONS PERTAINING TO THE CAUSE OF THE SSO AS CHECKED IN PART I
(In the check boxes below, NA = Not Applicable and NE = Not Evaluated)
A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWR REGIONAL OFFICE UNLESS IS
Severe Natural Condition
Describe the "severe natural condition" in detail?
Remnants of Hurricane Elsa
How much advance warning did you have and what actions were taken in preparatio
for the event?
a Few days
Comments:
System Visitation
ORC
Backup
Name:
Clarissa Lipscomb
Cert#
Date visited:
07/09/2021
Time visited:
09:OOAM
How was the SSO remediated (Le. Stopped and cleaned up)?
After water stopped. debris was cleaned up and lime put down
Yes
[I Yes
As a representative for the responsible party, I certify that the information contained in this report is true and accurate to the
best of my knowledge.
Person submitting claim: Clarissa M Lipscomb Date: 07/13/21 07:15 pm
Signature: Title:
Telephone Number:
Any addition information desired to be submitted should be sent to the appropriate Division Regional Office within five days of I
knowledge of the SSO with reference to the incident number (the incident number is only generated when electronic entry of th
form is completed, if used).
CS-SSO Form Page: 2

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S. DANIEL SMITH
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Terrell Bladkmon, City Engineer
Oty of Henderson
PO Boot 1434
Henderson, NC 27536-1434
NORTH CAROLINA
aNkinumeRIGATRity
August 10, 2021
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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:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports 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
maldng an outlet to waters of the State for purposes of G.S. 143-215.1(aX1), for which a permit is required by
G.S. 143-215.1.
The Raleigh Regional Office is providing the Oty 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:
Toed Vol
Total Surface
lnddent Start Duration Vol Water
Number Dabs (Nips) Locution Caen We) (Aelo) DWR Aeon
202101533 7/8/2021 255 Neatherty street Inflow and Infiltration 6,375 6,375 Notloe of Violation
202101534 7/8/2021 200 BecidtA Drive Inflow and Infiltration 2,000 2,000 Notice Or V$olation
202101548 7/8f2021 290 Sandy Creek Lilt Severe Natural 30,000 30,000 Notice of Violation
Station-482 Rock MO Condition Notice of Intent
Road
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ISION100

Total Val
Total surface
teddeat nett Duman Vol Water
Number Dale (MI Location CRUM (ak) (Geis) DWR Action
202101549 7/8/2021 195 MerdMs Creek !1R Severe Natural 4,875 4,875 Notice of Violation
melon-1416 Rock Mil ConGtlon
Road
This Notice of Violation / Dice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. Pursuant
to G.S.143-215.6A, a dull 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.
Thls 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 deds ons will also be based on volume spilled, volume reaching surface
waters, duration and gravity, impacts to public health, fish kilis or recreational area closures. Other factors
considered in determining the amount of the dull 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.hayessnedenr.gov.
Sincerely,
rk..�.. r 714..1
frt Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: Raleigh Regional Office - WQS Ale
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City of Henderson
Public Works Department
Post Office Box 1434.900 S. Beckford Drive
Henderson, NC 27536-1434
Phone: [phone] Fax: [phone]
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 coundl 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 26, 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.
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
Ale

ROY COOPER
Governor
EUZABETH S. BISER
Senwrary
S. DANIEL SMITH
D$rwcror
Certified Mali 7020 316Q 0000 21795
ReigniSsolatragnsed
Terrell Blackmon, City Engineer
City of Henderson
PO Box 1434
Henderson, NC 27536-1434
NORTH CAROLINA
Environmental Quality
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:
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 condudes 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
Number Date
Duration
(Mins) Location Cause
202101533 7/8/2021 255 Neatherly street Inflow and infiltration
202101534 7/8/2021 200 Beckforth Drive Inflow and Infiltration
202101548 7/8/2021
290 Sandy Creek Lift
Station-482 Rock Mill
Road
Total
Vol
(Gals)
Total Vol
Surface
Water
(Gals) DWR Action
6,375 6,375 Notice of Violation
2,000 2,000 Notice of Violation
Severe Natural 30,000 30,000 Notice of Violation
Condition Notice of Intent
Wall CamW.Defilement efIm neraiQu by °WonorMier NI.o.,n..
Weigh bllen:lOrtlte MOO Wren Oda Maki., NorthC2Koa
4{t74IAM0

Total Vol
Lakst dTotal Surface
art Duration Vol Water
Number Date (Mins) Location Cause (Gala) (Gals) DWR Action
202101549 7/8/2021 195 Martin's Creek lift Severe Natural 4,875 4,875 Notice of Violation
Station 1416 Rock Mfll 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 dull 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 dvil 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,
ide. Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: Raleigh Regional Office - WQS File
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Total Balance Due : $5,071.58
Sum Of Total Paid:$19,839.92
Total Enforcement Cost $560.46
Total Penalty Amount: $28,500
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Total Cases:
Total Penalties After Remissions : $24,911.50
Sum of Total Case Penalties: $29,060.46