WQCS00055_NOV-2022-DV-0050_20220214

ROY COOPER
Governor
EUZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Certified Mail # 7020 3160 0000 4109 5190
Return Receipt Requested
Terrell Blackmon, City Engineer
City of Henderson
PO Box 1434
Henderson, NC 27536-1434
NORTH CAROLINA
Environmental Quality
February 14, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2022-DV-0050
Sanitary Sewer Overflows - January 2022
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
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:
Incident Start Duration
Number Date (Mins) Location
Cause
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
202200046 1/3/2022 780 Sandy Creek Pump Severe Natural 25,000 25,000 Notice of Violation -
Station-482 Rock Mill Condition Notice of Intent
Road
202200104 1/16/2022 480 482 Rock Mill Road Severe Natural 24,000 24,000 Notice of Violation -
Condition Notice of Intent
North Carolina Department of Environmental Quaely I Division of Water Resources
Rakgh Regional Office 13500 Barrett Drive I Raleigh, North Carolina 27609
919.7941200

Incident Start Duration
Number Date (Mins) Location
Cause
Total
Vol
(Gals)
Total Vol
Surface
Water
(Gals) DWR Action
202200045 1/3/2022 50 Martin's Creek Pump Severe Natural
Station-1416 Rock Mill Condition, I/I
Road
500 0 Notice of Deficiency
202200015 1/3/2022 270 Pinkston St. / Farrar Av.
Severe Natural
Condition, I/I
6,750 6,750 Notice of Deficiency
202200020 1/3/2022 270 Alexander Ave/Willow Ln. Severe Natural 25,000 25,000 Notice of Deficiency
Condition, I/I
202200016 1/3/2022 270
Neatherly Street
Severe Natural
Condition, I/I
10,800 10,800 Notice of Deficiency
202200014 1/3/2022 250
Bridgers Street
Severe Natural
Condition, I/I
8,750 8,750 Notice of Deficiency
202200018 1/3/2022 250 E. Rockspring Street
Severe Natural
Condition, I/I
1,750 1,750 Notice of Deficiency
202200019 1/3/2022 240 Brook Run Road Severe Natural 480 480 Notice of Deficiency
Condition, I/I
202200017 1/3/2022 240 Parham St. West Bell St. Severe Natural
Condition, I/I
9,600 9,600 Notice of Deficiency
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.
North Carolina Depanment of Environmental Quality I Dlv1 Icn of Water Resources
Raleigh Reylond Office i WOO Mum Drhe Aalegh, North Carolina 27609
919.791.4200

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].
Cc: Raleigh Regional Office - WQS File
Laserfiche
Sincerely,
Ate/yit
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
„,g.k9b
North Carolina Department ofEnvironmental Qusllty Division aWater Resources
Raleigh Regional Mee ' 3800 Buren Detre Raleigh North Carolina 27609
919.7914200

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