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HomeMy WebLinkAboutWQCS00055_DV-2022-0087 case file_20220815DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: City of Henderson Facility Name: Henderson Collection System Permit Number: WQCS00055 County: Vance Case Number: DV-2022-0087 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; 7,200 gallons overflowed from Sandy Creek pump station due to inflow infiltration. All 7,200 gallons flowed to Sandy Creek, a class B-NSW+ waters in Neuse River Basin. Increased nutrients and pathogens to surface waters,-Cam4., 2) The duration and gravity of the violation; The SSO started on 03.09.2022 at 7:00 am and ended the same day at 11:00 am. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on surface water quality include increased nutrients and pathogenshWater quality standard violations. Q es1j1 e�� ��n se 4) The cost of rectifying the damage; 0 g�'�S u-r'N. .04 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 violations were 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 7 enforcements against the violator during 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 6364 Return Receipt Requested Terrell Blackmon, City Engineer City of Henderson PO Box 1434 Henderson, NC 27536-1434 NORTH CAROLINA Environmental Quality August 15, 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-2022-0087 Vance County Dear Mr. Blackmon: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $786.57 ($750.00 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). North Careens Department of -Environmental Qwdty I Division of Water Resmrces Rakiph Regions& Office i 3500 Barrett Drtve I Raletph, North Caro11ea 27609 919191.4200 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: $750.00 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. $750.00 TOTAL CIVIL PENALTY $36.57 Enforcement Costs $786.57 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) (2) (3) Submit payment of the penalty, OR Submit a written request for remission, OR 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: (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 mkt complete and submit the enclosed "Request for Remission of Civil Penalties Waivgr of Right to an Administrative Hearing, and Stiuulation 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 27699-16 1 7 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: (919) 431-3000 Fax: (919) 431-3100 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 (919) 791-4200 or via email at mitch.hayesiA.ncdenr.gov, 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 REOUEST Case Number: DV-2022-0087 Assessed Party: City of Henderson Permit No.: WQCS00055 County: Vance Amount Assessed: $786.57 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 (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 (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 EN 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-2022-0087 Having been assessed civil penalties totaling $786.57 for violation(s) as set forth in the assessment document of the Division of Water Resources dated August 15, 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 ADDRESS SIGNATURE TELEPHONE ATTACHMENT A City of Henderson CASE NUMBER: DV-2022-0087 PERMIT NO: WQCS00055 FACILITY: Henderson Collection System Other Violations INCIDENT VIOLATION NUMBER DATE VIOLATION TYPE REGION: Raleigh COUNTY: Vance VIOLATION DESCRIPTION TOTAL VOLUME PENALTY (GALLONS) AMOUNT 202200363 3/9/2022 CSO/SSO(Sewer Overflow) Discharge without valid permit 7,200 $750.00 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 Gate mos MICHAEL S REGAN Secretary LINDA CULPEPPER Intel on Du war 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 Tacks 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%20Qua lity/Su rface%20 Water%20Protectio n/P ERCS/WCS%20(Co l lectio n%20system)/U odated %20WQCS%20Template%2015 05 18%20(highliahted).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 Marl Service Center, Raleigh, North Carolina 27699-1617 Phone 919-807.63001 Internet www ncwaterquality org An Equal opportunity %At nnetve Acton Employer — Made m pall by recycled paper Permit Enforcement History Details by Owner c E ro xaa N N ry N r C (() m w 5 0 0 City of Henderson o O 0 m Ea 020 Us 0 a 'a' O OC 0 (A m U E OO W a c o W C> x 0 E 0 00 0". m (gym a o 0 0 v U rn 2 0 _ 5 CD c Px 0 m2 TIET0 ILa. ix' ca 0 z 0 z 0 0 0 v �i 69 0 N 0 fa 6/21/11 $2,500.00 DV-2011-002 co (0 0 z O O O 69 0, m 6 69 8/23/11 $1,500.00 DV-2011-003: a z 0 O 7/26/16 $250.00 DV-2016-0061 0 z O O O 69 O N 69 (o M 69 6/11/18 $2,000.00 DV-2018-004: 6) a 0 z 0 69 (V CO CA (V 2/27/19 $2,750.00 O O 4 69 0 0, CO ti 69 CO M M M 7/8/19 $750.00 DV-2019-010: 0 CO9 67 69 8/10/20 $500.00 DV-2020-008 $2.035.01 No 0 VA 69 8/22/20 $2,000.00 DV-2020-0081 N N 0 N (7.1 a a a a a N r v Z Z Z Z oo oo O O O O O d 69 69 69 69 O 0 ti 6, 4, 0 0) 69 8 8 n (v 69 N rn DV-2020-0101 0 O M 69 10/2/20 $1,000.00 DV-2020-011: N cq u4 0) O 6, 10/17/20$1,000.00 DV-2020-013! 3/22/21 $7,000.00 DV-2021-003! $3,036.57 No 4/23/21 $3,000.00 DV-2021-006: ° Z Z z O 0 0 O O O (A 69 69 DV-2021-0071 O (O7 69 12/3/21 $1,250.00 DV-2021-017! 2/16/22 $1 500.00 DV-2022-000, 5 5/5/22 $500.00 DV-2022-003, h A 47 it? A 6/13/22 $500.00 DV-2022-0051 Total Balance Due : $5,071.58 Sum Of Total Paid:$23,736.20 Total Enforcement Cost: $706.74 Total Penalty Amount: $32,250 Total Cases: Total Penalties After Remissions : $28,807.78 Sum of Total Case Penalties: $32,956.74 ROY COOPER Governor EUZABETH S. BISER seavtary RICHARD E. ROGERS. JR. Director Certified Mail 7020 3160 0000 4109 562.5 EffititEllikallitailgilatild Terrell Blackmon, City Engineer City of Henderson PO Box 1434 Henderson, NC 27536-1434 NORTH CAROLINA Envirnnln!lntgl Quality April 18, 2022 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2022-DV-0106 Sanitary Sewer Overflows - March 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: Inddent Start Duration Number Date (Mlns) Location Cause Total Vol Total Surface Vol Water (Gals) (Gala) DWR Action 202200363 3/9/2022 240 Sandy Creek Pump Inflow and Infiltration 7,200 7,200 Notice of Violation - Station Notice of Intent Math Caroilna Downward dErnirannirsilOsiday EihriskinciW.wmWewees RYA biding circa WA Wean DEW 1 11iiafRh forth groins 27109 goo 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 dosures. 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. Sincerely, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Cc: Raleigh Regional Office - WQS File Laserflc he Nonherrohnooperissatatentinerismilquebty I Ohelenci MnurLuir[ar RielBlilbeikaeleflIcs I WOO Barron Dew i MalfthNerriOMaFM 09 SENCrE f [.J'J-LCMF rION • Complete items la. and 3. • Prim your Harare and address on the reverse so that we Con return the card t0 you. • Attach this card to the back of the mstiplece, or an the bent tf apace pirmlte. eAVia Kx on, City Engineer City of Henderson PO Box 1434 1-[enderson, NC 27536-1434 `,-lenderson Collection System NOV-2022-DV-0106 WQCS00055 SV 1i1I1lII11ItIIIILI IIIIU AN NIIIIIIIY D. Widow address Mow* earn Rem 1? OYtis d YES, enter &Army address Wow p No S. Service .. RUN Oman 0 Aga eig Rnetdered POMP 0 angled 0 Owned retie wrmtored Man o Colon en Delon o 41141n1. er..r,.+ R).e.er Ma., ..w,M. Ishal 0 Ocelot on Minn Re1tI ted Oelrwy nd HIM 7020 2160 0000 4109 5626 i `R.Moeaoetear P8 Form 3811, July 2015 P814 7550-02-000-0058 0Print/ Ile ORtedAMlf� 0 =I 111e1 Roggen/ o Robin Rleerjrt r Ilsrchwalee OSinger Cornerdlonw Rgaraboe ee oon 0051 Oomestlo Return Receipt U.S. Postal Service CERTIFIED MAIL" RECEIPT Domestic Ara! Orr; Fnr i1001n ; nllf+rni,.r.r LF1CIAL USE e . eaten €F.. Mom Wok add A. r oppepino Men Amp ► e CI 0awn Fran Iner nq s CICI ❑4aeatann,eene wow • 1:1 Mut Sworee.ar.a CI ❑ ansee wp.nre edoen.yNOU 1+ far Terrell Blackmon, City Engineer rn 1 City of Henderson nI9 PO Box 1434 ti 1 Henderson, NC 27536-1434 Henderson Collection System NOV-2022-DV-0106 WQCS00055 SV mmmmmm City of Henderson Public Works Department Post Office Box 1434.900 S. Beckford Drive Henderson, NC 27536-1434 Phone: (252) 431-6030 / Fax: (252) 431-0124 May 17, 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-0106 Sanitary Sewer Overflows — March 2022 Henderson Collection System Permit No. — WQCS00055 Dear Mr. Vinson: I am writing in response to the above -mentioned violation that we received on May 3, 2022. The overflow in this incident was due to inflow and infiltration during extended periods of heavy rainfall. Once the rain event ended, the overflow subsided. Following the overflow, we cleaned debris and placed lime as needed. Henderson has 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 to alleviate sources of I/1. Henderson staff has assessed over 82,000 feet of sewer pipe with the use of Sewer Line Rapid Assessment Tool (SL_RAT) and has inspected and gotten GPS coordinates on over 350 manholes. WK Dickson has this data and is currently working to develop a priority list of potential I/1. Also, on May 2 we submitted an application to the Clean Water State Revolving Fund for an additional $5 million for 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, Lee 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 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 Owner: City of Henderson Incident #: 202200363 City: Henderson County: Vance Region: Raleigh Source of SSO (check applicable): ❑ Sanitary Sewer Q 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 Pump Station Manhole #: Latitude (Decimal Degrees): Incident Started Dt: 03/09/2022 Time: (mm-dd-yyyy) Estimated Volume of the SSO: 7,200 Longitude (Decimal Degrees): 7:00 am Incident End Dt: 03/09/2022 Time: 11:00 am (hh:mm AM/PM) (mm-dd-yyyy) (hh:mm AM/PM) gallons Estimated Duration (Round to nearest hour): 4:0 hours Describe how the volume was determined: visual estimation Weather conditions during the SSO event: Rain Event Did SSO reach surface waters? [l Yes ❑ No ❑ Unknown Surface water name: Sandy Creek Volume reaching surface waters (gals): 7200 Did the SSO result in a fish kill? ❑ Yes SPECIFIC cause(s) of the SSO: ▪ Inflow and Infiltration 24 hour verbal notification (name of person contacted ): Chris Smith 0 No ❑ Unknown If Yes, what is the estimated number of fish killed? 0 ▪ DWR ❑ Emergency Mgmt Date (mm-dd-yyy): 03/10/2022 lime (hh:mm AM/PM): 12:10:00 pm If an SSO is ongoing, please notify the appropriate Regional Office on a daily basis until SSO can be stopped. Per G.S. 143-215.1 C(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 reauired 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 Inflow and Infiltration Are you under an SOC (Special Order by Consent) or do you have a schedule in any ❑ Yes 1Z No ❑ NA ❑ NE permit that addresses Ill? Explain if Yes: What corrective actions have been taken to reduce or eliminate I & I related overflow at this spill location within the last year? Has there been any flow studies to determine I/11 problems in the collection system at 17 Yes ❑ No ❑ NA ❑ NE the SSO location? If Yes, when was the study completed and what actions did it recommend? Has the line been smoke tested or videoed within the past year? ❑ Yes 17 No ❑ NA ❑ NE If Yes, when and indicate what actions are necessary and the status of such actions: Are there III related projects in your Capital Improvement Plan? RI Yes ❑ No ❑ NA ❑ NE If Yes, explain: Sandy Creek Fix and Find Protect to be done by WK Dickson Engineering Have there been any grant or loan applications for III reduction projects? 17 Yes ❑ No ❑ NA ❑ NE If Yes, explain: Yes, received loan offer of $2.5M for finding and fixing basin I&I Do you suspect any major sources of inflow or cross connections with storm sewers; ❑ Yes 171 No ❑ NA ❑ NE If Yes, explain: Have all lines contacting surface waters in the SSO location and upstream been RI Yes ❑ No ❑ NA ❑ NE inspected recently? If Yes, explain: 95% of the lines in the basin have been checked by the SL-Rat in preparing for the fix and find project CS-SSO Form Page: 2 What other corrective actions are planned to prevent future III related SSOs at this location? Comments: System Visitation ORC Backup Name: Christy Lipscomb Cert# Date visited: 3/10/2022 Time visited: 2:00pm How was the SSO remediated (i.e. Stopped and cleaned up)? Cleaned up and applied lime El Yes RI 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: 03/14/22 03:31 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 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