WQCS00055_NOV-2022-DV-0232_20220818

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7020 3160 0000 4109 0041
RRtuw Receipt Requested
Terrell Blackmon, City Engineer
City of Henderson
PO Box 1434
Henderson, NC 27536-1434
NORTH CAROLINA
Envlrontnental Quality
August 18, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2022-DV-0232
Sanitary Sewer Overflows - July 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 Report/s submitted by
City of Henderson. The Division's Raleigh Regional Office concludes that the City of Henderson violated Permit
Condition I (2) of Permit No. WQCS00055 by failing to effectively manage, maintain, and operate their collection
system so that there is no SSO (Sanitary Sewer Overflow) to the land or surface waters and the SSO constituted
making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by
G.S. 143-215.1.
The Raleigh Regional Office is providing the City of Henderson an opportunity to provide evidence and justification
as to why the City of Henderson should not be assessed a civil penalty for the violations that are summarized
below:
Incident Start
Number Date
Duration
(Mins) Location
202201070 7/6/2022 90 1416 Rock Mill Rd,
Henderson, NC, 27537
Cause
Inflow and
Infiltration, Other
Total
Vol
(Gals)
Total Vol
Surface
Water
(Gals) DWR Action
2,750 0 Notice of Violation
202201092 7/6/2022 225 214-798 Rock Mill Rd, Inflow and 5,625 5,625 Notice of Violation -
Henderson, NC, 27537 Infiltration, Severe Notice of Intent
Natural Condition
North Carolina Department of Environmental Quality I DMtlonof Water Resources
Raleigh Regional Office 13800 Barrett Drtre Rakgh North Carolina 27609
919.791.4200

Incident Start Duration
Number
Date (Mins) Location
Cause
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
202201111 7/13/2022 270 482 Rock Mill Rd,
Henderson, NC, 27537
Inflow and Infiltration
202201112 7/13/2022 95 1416 Rock Mill Rd,
Henderson, NC, 27537
202201159 7/21/2022 210 214-798 Rock Mill Rd,
Henderson, NC, 27537
Inflow and Infiltration
13,500 3,500 Notice of Violation -
Notice of Intent
4,750 4,750 Notice of Violation -
Notice of Intent
Severe Natural
Condition
202201160 7/21/2022 150 1416 Rock Mill Rd,
Henderson, NC, 27537
Severe Natural
Condition
2,100
1,000 Notice of Violation
6,000 6,000 Notice of Violation -
Notice of Intent
This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. Pursuant
to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed
against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any
permit issued pursuant to G.S. 143-215.1.
This office requests that you respond to this Notice, in writing, within 10 business days of its
receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other
actions taken to prevent the recurrence of similar situations. The response to this correspondence will be
considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface
waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors
considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance.
If you have any questions, please do not hesitate to contact Mitchell Hayes with the Water Quality Section in
the Raleigh Regional Office at 919-791-4200 or via email at [e-mail].
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: Raleigh Regional Office - WQS File
Laserfiche
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North Carolina Department of Cr.nrimerx.I Quality I oirlolon of Water Re.00rces
Raleigh Regional Office 13800 Barrett Drtre Weigh, North Carolina 27609
919.79E4200