WQCS00055_DV-2022-0034 enforcement file_20220505

2) The duration and gravity of the violation;
DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: City of Henderson
Facility Name: Henderson Collection System
Permit Number: WOCS00055
County: Vance
Case Number: DV-2022-0034
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 3,750 gallons of sewage surcharged from a manhole due to debris in the line. All 3,750 gallons flowed to
Nutbush Creek, class C waters in the Roanoke River Basin. Increased nutrients and pathogens to surface waters. ca-A
CCL ksf� Wet q tAct i 4‘--y 5'7-a i �i 4 a�cf ` s.
The SSO started on 12.01.2021 at 2:30 PM and ended the same day at 3:45 PM. Increased nutrients and pathogens to
surface waters.
3) The effect on ground or surface water quantity or quality or on air quality;
Increased nutrients and pathogens to surface waters. cal, Ca.," s-" rgotr- fti-S v u ° k4
4) The cost of rectifying the damage;
The cost of rectifying the damage is $4,634.10.
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 5 enforcement cases with the past 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
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7020 3160 0000 4109 5770
Return Receipt Requested
Terrell Blackmon, City Engineer
City of Henderson
PO Box 1434
Henderson, NC 27536-1434
NORTH CAROLINA
Environmental Quality
May 05, 2022
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1)
and Collection System Permit No. WQCS00055
City of Henderson
Henderson Collection System
Case No. DV-2022-0034
Vance County
Dear Mr. Blackmon:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $536.57 ($500.00 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).
,,,R9b)
Werth Carolina Department of Ershronmenal Qsalhy Derision of Water Resources
Raleigh Regional Office 13B00 Barrett Delve Raklgh. North [warm 27609
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:
$500.00 For 1 of the 1 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.
$500.00 TOTAL CIVIL PENALTY
$36.57 Enforcement Costs
$536.57 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 legal 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:
(l) 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 ordcr to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Ri ht to an Administrative Hearing, and Stipulation of Facts" f rm 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 (l) 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 [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-2022-0034
Assessed Party: City of Henderson
Permit No.: WQCS00055
County: Vance
Amount Assessed: $536.57
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 (Le., 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 (i.e., 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 (Le., 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-2022-0034
Having been assessed civil penalties totaling $536.57 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated May 05, 2022, 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
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
City of Henderson
CASE NUMBER: DV-2022-0034
PERMIT NO: WQCS00055
FACILITY: Henderson Collection System
Other Violations
INCIDENT VIOLATION
NUMBER DATE VIOLATION TYPE
VIOLATION DESCRIPTION
REGION: Raleigh
COUNTY: Vance
TOTAL VOLUME PENALTY
(GALLONS) AMOUNT
202102215 12/1/2021 CSO/SSO (Sewer Overflow) Discharge without valid permit 3,750 $500.00

City of Henderson
Public Works Department
Post Office Box 1434.900 S. Beckford Drive
Henderson, NC 27536-1434
Phone: [phone] / Fax: [phone]
February 14, 2022
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 2022-DV-0019
Sanitary Sewer Overflows — December 2021
Henderson Collection System
Permit No. — WQCS00055
Dear Mr, Vinson:
I am writing in response to the above -mentioned violation that we received on February 1, 2022. The
overflow in tncldent Number 202102215 was due to rags/paper towels in the sewer main.
While checking our sewer outfalls, aerials line, sewer flow, etc., our crews discovered the creek was
unusually dirty along our Hugh's Farm Ootfall. Further investigation led us to manhole HEND-26-MH-038
near Ranes Drive which was surcharging. We used our tow behind fetter to clear a blockage in the
downstream sewer main. Once the blockage was cleared the SSO subsided, and flow returned to
normal.
Once the blockage was cleared, we damned the creek roughly 2000 feet downstream of the 550. We
placed a pump in the creek and pumped water from the creek into a nearby manhole at a rate of
approximately 400 gpm for 4 hours. In addition to pumping the creek, we introduced dean water from a
fire hydrant into the creek upstream at approximately 400 gpm for 4 hours. Crews walked the creek to
clean and rake as needed. We placed 50 pounds of lime around the manhole that surcharged. No fish
were killed and oxygen levels in the creek were normal.
We take our responsibility to maintain compliance for our collection system very seriously. Our efforts in
stopping and mitigating this sewer overflow has already cost the city over $4,600.1 respectfully request
that the City be allowed to dedicate our funds to the maintenance and operation of our sewer collection
system rather than paying fines. 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.
Sincerel
e Owen
Assistant Public Works Director

Attachments: Work Order Detail
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

Work Order Detail
ID
Dc scr i l)tiOri
100000196
SSO-12J1/21- Ranee Drive
Hasic Information
(7. t s
Owner
Status Completed
Task Count 3
Progreso 100.0G%
Labor $1,414.10
Equipment $3,220.00
Material $0.00
Other $0.00
Total $4,634.10
Task Information
' isk ID
livOy
T017270
S$o
Sewer Manhole MH02016
T017277 JetltnplRodding Sewer Main SM02241
T017278 S50 Cleanup Sewer Manhole MH02016
Important
Important
Important
Completed
Completed
Completed
0.00
342.50
4291.80
2/14/2022 Generated by Cartegraph Page 1

Task Summary
T.3sk IL) Activity
Asset
T017276
Status Completed
Priority important
SSO
Start Date 12/1/2021
Stop Date 12/1/2021
Sewer Manhole MH02016
Notes Estimated 50 gmp for 75 minutes totaling 3750 gallons spilled. See also Task Ws T017277, T017278.
Saga or North 4:0011 OCR EId. MR- Oanek► , NQI. UWE
2/14/2022 Generated by Cartegraph Page 1

Task Detail
Task ID
Activity
Ass t
T017276
SSO
Sewer Manhole MH02016
Basic Information
Costs
Department Public Works
Start Date 12/1/2021
Stop Date 12/1/2021
Labor
Equipment
Material
Other
$0.00
$0.00
$0.00
$0.00
Total $0.00
2/14/2022 Generated by Cartegraph Page 1

Task Summary
Task ID
Activity A550
T017277
Status Canptoted
Priority Important
JettinglRodding
Start Date 12/1/2021
Stop Date 12/1/2021
Sewer Main SM02241
Notes While checking sewer flow on the Hughs Farm Outfall we noticed the creek was dirty. Our investigation led
to manhole HEND-28-MH-038 off of Ranee Drive surcharging. We cleared a blockage In the downstream
sewer main with the little jotter to stop the SSO. The blockage was due to rags/paper towels. We estimated
50 gmp for 75 minutes totaling 3750 gallons spilled. See also Task # 7017278 for cleanup.
&wool NaahCrodW DOT Esr. MERE Gawk,. Osollitheielegic aa.. NG% LISOS
2/14/2022 Generated by Cartegraph
Page 1

Task Detail
1 iSk ID
Activity AssQl
T017277
JettinglRodding
Sewer Main SM02241
Department Public Works Labor $142.50
Start Date 12/1/2021
Stop Date 12/1/2021
Equipment $200.00
Material $0.00
Other $0.00
Total
$342.50
ID
FrJ,img,
Jorge Lope:
Paul Brown
Noelyn WNlams
3.00
3.00
:43.50
$55.50
3.00
$43.50
i1)
D`SCfI,liuli
Us;l9i'
594
590
529
Portable Jet-USJ
1.00hr
1.00 hr
$100.00
$25.00
Dodge 2500 8ervfos true* 3.00 hr
S75.00
2/1412022 Generated by Cartegraph Page 1

Task Summary
risk fD
Activity Assr.t
T017278
Status Completed
Priority Important
SSO Cleanup
Start Date 121112021
Stop Date 1212/2021
Sewer Manhole MI-102015
Notes Damned the creek roughly 2000 feet downstream of the SSO. Place a pump in front of the dame and
pumped into a nearby manhole at a rate of approximately 400 gpm for 4 hours. Ran clean water from a fire
hydrant into the creek upstream at approximately 400 gpm for 4 hours. Walked the creek, cleaned and
raked as needed. Placed 50 Ibs of time around the manhole that surcharged. The oxygen levels were good
so we did not put any peroxide in the creek.
0
Sew atNonACanilna Oat Rid, NHtE War^ O1611cInefesin. hso.. NGI UIOS
2/14/2022 Generated by Cartegraph
Page 1

Task Detail
T017278
SSO Cleanup
Sewer Manhole MH02016
E3�SEC Inform Iioii Cots
Department Public Works
Start Date 12/1/2021
Stop Date 121212021
`±11.i 1 4 f
Labor
Equipment
Material
Other
$1,271.60
$3,020.00
$0.00
$0.00
Total $4,291.60
nwllllame Noelyn WlUama 8.00 8116.00
jlopaz Jorge Lopez 8.00
$116.00
remothere Robert Smothers 8.00 $118.00
pbrawn Paul Brown 8.00 $148.00
tKooch Troy Hooch 8.00 $148.00
lower Lea Owen 8 00 $218.84
aperkinaon Andrew Perktnson 8 00 $292.96
dbolton Daniel Bolton 8.00 $118.00
502 7000lb capacity 61/2' x 14' utility 8.00 hr
troller
$200.00
529 Dodge 2500 Service truck 8.00 hr 8200.00
D-1039 Stanley HP Twin 8 Pump 4.00 hr 8100.00
522 International Dump Truck 8.00 hr $320.00
593 Wagon•XVV8251 8.00 hr $800.00
2/14/2022 Generated by Cartegraph Page 1

Task Detail
Task ID
Activity Asset
TO17278
512
538
532
302
SSO Cleanup
Heavy Duty Trailer
Sewer Manhole MH02018
8.00 hr 9200.00
2019 F360 4x4 Crew Cab - 8.00 hr 3200.00
Knapheade Novice Body
2019 Toyota Tacoma Double Cab 8.00 hr
- Directors Vehicle
Compact Excavator 8.00 hr
8200.00
8800.00
2/1412022 Generated by Cartegraph Page 2

HALED
ROY COOPER
CANNWOr
EUZABETH & BISER
seaway
S. DANIEL WAITII
Director
Certified Mell if 7020 3160 0000 4115 6111/1
January 24, 2022
Terrell Blackmon, City Engineer
City of Henderson
PO Box 1434
Henderson, NC 27536-1434
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Traddng No.: NOV-2022-DV-0019
Sanitary Sewer Overflows - December 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. WQCS0005S by falling 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(aX1), 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 Wart Duration Vol Water
Number Date pens) Location Cause (Gals) (Gals) DWR iron
202102215 I2/1/2021 75 Manhole
REND-26-MH-038
Ranee Drive
Debris In line
3,750 3,750 Notice of Violation -
Nodce of Intent
MenhC. rlkywoariedOntawwql/trity I ohhrw,dMAKrberiai
he�nelollloe i0001Pwna01h.i0•140010RAMlieV.09
�IIlN11Ai00

2/25/22.12:12 PM USPS.carn® - USPS Tracking® Results
Tracking History
February 1, 2022, 10:27 am
Delivered, Individual Picked Up at Post Office
HENDERSON, NC 27536
Your item was picked up at the post office at 10:27 am on February 1, 2022 in HENDERSON, NC 27536.
January 31, 2022, 1:28 pm
Available for Pickup
HENDERSON, NC 27536
January 31, 2022, 7:35 am
Arrived at Post Office
HENDERSON, NC 27536
January 30, 2022
In Transit to Next Facility
January 29, 2022, 1:53 pm
Departed USPS Regional Facility
RALEIGH NC DISTRIBUTION CENTER
January 28, 2022, 7:27 pm
Arrived at USPS Regional Facility
RALEIGH NC DISTRIBUTION CENTER
.S. Postal Service"'
ERTIFIED MAID RECEIPT
onzesfic Ldail Only
or delivery information. visit aor ii•rct>sltc ilSps.cnrn'.
O N 0 O C O A L, U S E
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yet
TERRELL BLACKMON, CITY ENGINEER
CITY OF HENDERSON
PO BOX 1434
HENDERSON, NC 27536-1434
NOV-2022.1W-0022 / NOV-INTENT TO ISSUE CP / 20220128
NUKE RIVER VILLAGE CS / WQCS00055 / VANCE COUNTY
REC: 7020 3160 0000 4115 6808 / M 01/24/2022
Form 3©00, ,lpni 7015 r:1N :510 0:' 000 90., Set fi o`.orse far Irls.rllciir r S
hitria lhinIR 11iAA mminn/TrardernnBrynAelinn'NAafandlnsnn1t11 91.lerHR777—R11 ah..le 7nOA44aMAMA44CQOAONpnO.AOs—i..lww

ROY COOPER
Governor
EUZABETH S. BISER
seaway
S. DANIEL SMITH
Director
Certified Mall # 7020 3160 0000 4115 6808
Terrell Blackmon, City Engineer
City of Henderson
PO Box 1434
Henderson, NC 27536-1434
NORTH*
aneIsola! Qualify
January 24, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV 2022-DV-0019
Sanitary Sewer Overflows - December 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 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 Duration
Number Date (Mine) Location
Total Vol
Total Surface
Vol Water
Cause (Gals) (Gals) DWR Action
202102215 12/1/2021 75 Manhole
HEND-26-MH-038
Ranes Drive
Debris In line
3,750 3,750 Notice of Violation -
Notfoe of Intent
North CANNON Newsome dpsraennedSedgy' C I n*MINN' bnueee.
IladokieMwnI0111as WifillinsitUrrot a NNW Werth Crane ?lsoM
iIu7uAi00

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 Icills or recreational area dosures. Other factors
considered in determining the amount of the dvll 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,
��
"ye_ 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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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'
ROY COOPER
Go►e,na
MICHAEL S REGAN
Salacity
LINDA CULPEPPER
lnreinn Dnector
In accordance with your application received March 28, 2018, we are forwarding herewith Permit No
WQCS00055, dated April 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%20Quaiity/Surface%20Water%20Protection/PERCS/WCS%20(CoI Iection%20Svstem)/U pdated
%20WQCS%20Template%2015 0518%20(hiahliahted).pdf
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 tributary to 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 Service Center, Raleigh, North Carolina 27699-1617
Phone [phone] Internet www ncwaterquality org
Art Equal Uppoduraly 1 Alfinnehve Action Employer— Made in part 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 (550) 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
http'//ncdenr s3.amazonaws com/s3fs-
public/Water%20Qua l itv/Surface%20Water9620Protectio n/P ERCS/W CS9620(SSO%20Docume nts)/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 11 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 150E 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 WQCS00055
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)

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Permit tntorcement History Details by Owner

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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 #: 202102215
Owner: City of Henderson
City: Henderson
County: Vance Region: Raleigh
Source of SSO (check applicable): 0 Sanitary Sewer ❑ 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): Manhole HEND-26-MH-038 Ranes Drive
Manhole #: HEND-26-MH-038
Latitude (Decimal Degrees): Longitude (Decimal Degrees):
Incident Started Dt: 12/01/2021 Time: 2:30 pm Incident End Dt: 12/01/2021 Time: 03:45 pm
(mm-dd-yyyy) (hh:mm AM/PM) mm-dd-yyyy) (hh:mm AM/PM)
Estimated Volume of the SSO: 3,750 gallons Estimated Duration (Round to nearest hour): 1:15 hours
Describe how the volume was determined: Estimated by eye(50gpm x 75mins.)
Weather conditions during the SSO event:
Did SSO reach surface waters? 0 Yes ❑ No ❑ Unknown
Volume reaching surface waters (gals): 3750
Surface water name: Nutbush Creek (Including Nutbush Creek Arm of John H. Kerr Reservoir below normal pool elevation)
Did the SSO result in a fish kill? ❑ Yes [l No ❑ Unknown If Yes, what is the estimated number of fish killed? 0
SPECIFIC cause(s) of the SSO:
10 Debris in line
24 hour verbal notification (name of person contacted ): Colleen Cohn
DWR ❑ Emergency Mgmt Date (mm-dd-yyy): 12/03/2021 Time (hh:mm AM/PM): 09:15:00 am
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
Debris in line
What type of debris has been found in the line?
We not rags and paper towels out the line.
Suspected cause or source of debris.
Come from people flushing down the toilet.
Are manholes in the area secure and intact? f Yes p' No D NA ❑ NE
When was the area last checked/cleaned?
We check that area once a week
Have cleaning and inspections ever been increased at this location due to previous Yes ❑ No ❑ NA ❑ NE
problems with debris?
Explain:
It's checked once a week.
Are appropriate educational materials being developed and distributed to prevent fut+ p Yes ❑ No ❑ NA E NE
similar occurrences?
Comments:
We give educational material out in the water bill.
System Visitation
ORC p Yes
Backup E Yes
Name:
Joey G. Long Jr.
Cert#
990227
Date visited:
12-2-2021
Time visited:
9:00 A.M
CS-SSO Form Page: 2

How was the SSO remediated (i.e. Stopped and cleaned up)?
We shot the main about 100 feet with our combo truck to un stop the manhole. We put a 50Ib bap of lime out around the
manhole. We pumped the creek for 4 hours and ran a near by fire hydrant to put water back in the creek.
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:
Signature:
Telephone Number:
Date:
Title:
Any addition information desired to be submitted should be sent to the appropriate Division Regional Office within five days of 1
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: 3

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