WQCS00055_DV-2023-0048_20230317

xi'
ROY COOPER
QUYPl71U1' � '
ELIZABETH S. B1SERSecretary
r k U+xr wr' -
RICHARD E. ROGERS, JR. NORTH CAROLINA
Dirmfor Environmental Quality
Certified Mail # 7020 3160 0000 4109 0836
Return Receipt Requested
March 17, 2023
Terrell Blackmon, City Engineer
City of Henderson
PO Box 1434
Henderson, NC 27536-1434
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-2023-0048
Vance County
Dear Mr. Blackmon:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,095.72 ($1,000.00 civil penalty
+ $95.72 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)(]). 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).
-�s Nanh Carolina Depan menr oS Emlmnmenml Quality I Diye ion of Wacer Resouce rs
D J� Raldgh Rey:onA Office 3WO Oannl Drive I Raleigh. Noah Carulinr 2T609
e..y� /�!� 919.791A200

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:
1 000.00 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.
1 000.00 TOTAL CIVIL PENALTY
95.72 Enforcement Costs
1 095.72 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.I (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:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(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 Right to an Administrative Hearin and Stipulation of Facts" form within thirty 001 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 (ifa filing fee is required by NCGS §15013-23.2) 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 andfor 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.hayesncdenr.gov.
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Laserfiche

Case Number: DV-2023-0048
JUSTIFICATION FOR REMISSION REQUEST
County: Vance
Assessed Party: City of Henderson
Permit No.: WQCS00055 Amount Assessed: $1,095.72
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. l(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. 14313-282.1(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 ii-hy 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
COUNTY OF VANCE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
City of Henderson
Henderson Collection System
PERMIT NO. WQCS00055
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. DV-2023-0048
Having been assessed civil penalties totaling $1,095.72 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated March 17, 2023, 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
ADDRESS
TELEPHONE
SIGNATURE
NX

ATTACHMENT A
City of Henderson
CASE NUMBER: DV-2023-0048
PERMIT NO: WQCS00055 REGION: Raleigh
FACILITY: Henderson Collection System COUNTY: Vance
Other Violations
INCIDENT VIOLATION TOTAL VOLUME PENALTY
NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION (GALLONS) AMOUNT
202201519 9/30/2022 CSOISSO(Sewer Overflow) Discharge without valid permit $1,000.00

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: City of Henderson
Facility Name: Henderson Collection System
Permit Number: 3WCS00055
County: Vance
Case Number: DV-2023-0048
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 volume of 35,000 gallons overflowed from the Sandy Creek pump station during Hurricane Ian. All of the volume
reached Sandy Creek a class B; NSW in the Tar -Pam River Basin. Nutrients and pathogens to surface waters.
2) The duration and gravity of the violation;
The SSO started 09.30.2022 at 8:30 pm. The stop time is not given or is unknown. Nutrients and pathogens to surface
waters.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on surface water quality include nutrients and pathogens to surface waters. May cause water quality standard
violations.
4) The cost of rectifying the damage;
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 4 enforcement cases against the violator within the past 12 months.
8) The cost to the State of the enforcement procedures.
$95.72
7 as' L -P I 2-2 .r,ya_g
Date Pt -
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

e City of Henderson
Public Works Department
�o Post Office Box 1434.900 S. Beckford Drive
Henderson, NC 27536-1434
Phone: [phone] / Fax: [phone]
December 2, 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-0290
Sanitary Sewer Overflows —September 2022
Henderson Collection System
Permit No. — WQCS00055
Dear Mr. Vinson:
I am writing in response to the above -mentioned violation that we received on October 21, 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 1/I. 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. On July le we were notified that Henderson will receive
an additional $5 million ARP grant from the Clean Water State Revolving Fund for sewer rehabilitation.
We are using every resource available to stop sewer overflows in our system.
We take our responsibility to maintain compliance for our collection system very seriously. 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
04-04'�
en
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, Water Resources Director/ORC
File

ROY COOPER
C."Mor
EUZABETH S. BISER
seavwy
RICHARD I, ROGERS, JR.
V(hW ar
Terrell Blackmon, City Engineer
City of Henderson
PO Box 1434
Henderson, NC 27536-1434
NORM LIANA
October 10, 2022
No AY r-e, �YT
SWIECT: NOTICE OF VIOLATION & INTENT TO ISSUE C IL PENALTY
Tracking No.: NOV-2022-DV-0290
Sanitary Sewer Overflows - September 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 #hat 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:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Dube (Mires) Location Cause (Geis) (Gals) DWR Action
202201519 9/30/2022 579 Rods Mill Rd, Severe Natural 35,000 35,000 Notice of Violation -
Henderson, NC, 27537 Condibon Notice of Intent
raut�.�,.ve'.n,wn.fr�eo+�eyr i amm.rwm.s,...�.
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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
rewipt. 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 Wafter 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
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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
C(Me1 AW
MICHAEL S REGAN
SWdl y
LINDA CULPEPPER
Into uAOwl wor
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-
pu bl ic/W ater%20Quality/Su rface%20Wate r%20Protecti on/P E RCS/W CS2620(Co l lection%205ystem)/U pdated
%20W CS%20Tem late%2015 05 18%20hi hli hted . df
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 Mail SmAce Center, Raleigh, North Carolina 27699-1617
Phone [phone] Internet www ncwaterquahry org
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