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HomeMy WebLinkAboutNC0020559_Historical_2022ROY COOPER GWN" ELIZABETH S. BISER secrernry RICHARD E ROGERS. JR. &,r ror Certified Mail # 7014 3490 0001 8820 9709 Return Receipt Requested Terrell Blackmon, City Engineer City of Henderson PO Box1434 Henderson, NC 27536-1434 NOW CARD: NA Environmental Qaolity November 21, 2022 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(ax6) and NPDES W W Permit No. NCO020559 City of Henderson Henderson WRF Case No. LV-2022-0303 Vance County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,055.14 ($2,000.00 civil penalty + $55.14 enforcement costs) against City of Henderson. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by City of Henderson for the month of May 2022. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES W W Permit No. NC0020559. The violations, which occurred in May 2022, are summarized in Attachment A to this letter. Based upon the above facts, 1 conclude as a matter of law that City of Henderson violated the terms, conditions or requirements of NPDES WW Permit No. NCO020559 and G.S. 143-215.1(a)(6) 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. 143-21 S.I (a). NrciFGrduv Orrwrtma•NFmRam,emalPnMy Dm1YdrM w,.o- Rrsources Ll��� 4�k�pFMry'mA01 FMt kNl(1 W�relr LMi.e W4ph Mv�htuaMru])n0'1 %V)%JlJU 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, 1, Vanessa Manuel, Assistant Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against City of Henderson: 1 500.00 1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0020559, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for Nitrogen, Ammonia Total (as N)- Concentration $500.0 1 of I violations of G.S. 143-215.1(a)(6) and Permit No NC0020559, by discharging waste water into the waters of the State in violation of the Permit Weekly Average for Nitrogen, Ammonia Total (as N) - Concentration 2$ ,000.00 TOTAL CIVIL PENALTY 55.14 Enforcement Costs 2$ ,055.14 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. l(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 Wastewater 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.l(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 redwest remission, you must complete and submit the encl,s ed "Request for Remission., of Civil Penalties Waiver of Right to an Administrative Heanng, and Stipulation of Facts" form within thin; 30 i days of receipt of this notice. The Division of Water Resources also requests that ..�u complete and submit the enclosed "Justification for Remission Request_: ' Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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 maybe filed by facsimile (fax) or electronic mail by an attached file (with restrictions) -provided the signed original, one(]) copy and a filing fee (if a filing fee is required by NCGS § I SOB-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 dateltime 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 Jason Robinson with the Division of Water Resources staff of the Raleigh Regional Office at (919) 791-4200 or via email at Jason.T.Robinsonit ncdenr.gov. Sincerely, ,) �PJ441 Vanessa Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: WQS Raleigh Regional Office - Enforcement File NCDWR Laserfiche JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2022-0303 Assessed Party: City of Henderson Permit No.: NC0020559 County: Vance Amount Assessed: $2,055.14 Please use this form when requesting remission of this civil penalty. You must also complete the 'Request For Remission, WaiverofRight to an Administrative Hearing, and Stipulation ofFactr" 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. 4 143B-282.1(c), remission of a civil penalty maybe 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 thin you took to correct the violation and prevent figure occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or somethingyou could not prevent orpreparejor); (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 mall 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 WRF PERMIT NO. NCO020559 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. LV-2022-0303 Having been assessed civil penalties totaling $2.055.14 for violation(s) as set forth in the assessment document of the Division of Water Resources dated November 21. 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 _ ADDRESS TELEPHONE SIGNATURE 20 PERMIT: NCO020559 FACILITY: Henderson WRF LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Date Month/Yr Parameter 5/28/2022 5-2022 Nitrogen, Ammonia Total (as N) - Concentration 5/31/2022 5-2022 Nitrogen, Ammonia Total (as N) - Concenlration ATTACHMENT A City of Henderson CASE NUMBER: LV-2022-0303 (Nov-2022-LV-0502) REGION: Raleigh COUNTY: Vance Unit of Limit Calculated %Over Violation Penally Frequency Measure Value Value Limit Type Amount 5 X week mg/I 9 15.32 70.2 Weekly $500 00 Average Exceeded 5 X week mg/1 3 4.68 56.0 Monthly $1,500.00 Average Exceeded DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: City of Henderson Facility Name: Henderson WRF Permit Number: NCO020559 County: Vance Case Number: LV-2022-0303 (NOV-2022-LV-0502) 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; Ammonia (N) Weekly and Monthly Average exceeded 2) The duration and gravity of the violation; Ammonia (N) Weekly Avg (Permit limit: 9; Reported Value: 15.3 mg/L — 70% exceedance) Ammonia (N) Monthly Avg (Permit limit: 3; Reported Value: 4.7 mg/L — 56% exceedance) 3) The effect on ground or surface water quantity or quality or on air quality; Unknown 4) The cost of rectifying the damage; Unknown 5) The amount of money saved by noncompliance; Unknown 6) Whether the violation was committed willfully or intentionally; It is not believed that this 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 Monthly average BOD average exceeded in May 2021 (NOD-2021-LV-0112 Weekly and monthly BOD average exceeded in June 2021 (NOV-2021-LV-0620 and LV-2021-0311) 8) The cost to the State of the enforcement procedures. $55.14 Date Vanessa Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ r ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Certified Mail # 7020 3160 0000 4115 4125 Retum Receipt Reguested Terrell Blackmon, City Engineer City of Henderson PO Box 1434 Henderson, NC 27536-1434 NORTH CAROLINA Environmental Qwftty July 25, 2022 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2022-LV-0502 Permit No. NCO020559 Henderson WRF Vance County DearPermittee: A review of the May 2022 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Location Parameter Limit Reported Date Value Value Type of Violation 001 Effluent Nitrogen, Ammonia Total (as 5/28/2022 9 15.32 Weekly Average Exceeded N) - Concentration (CO610) 001 Effluent Nitrogen, Ammonia Total (as 5/31/2022 3 4.68 Monthly Average Exceeded N) - Concentration (CO610) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. 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. NmhC� Deeat tof Envlromm IQ Raknh RegbnYORkr I bD0 earen Dare I 1 W9MIA2W N d (Pip LrS, .vPJ fP<<' If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response Is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within S days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter or to apply for an SOC, please contact Joshua Brigham of the Raleigh Regional Office at 919-791-4200. Sincerely, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Cc: WQS Raleigh Regional Office - Enforcement File Laserfiche �f A� NaMCxdm�Depnm.�dEnNmm�ntYQakyIDNWond Weer Mwvm �V�■ ) C+M9NEe9�0Mkel]IOO Mrrert Drl.el Ytle4h Nona U.vW 2lA09 %9 42W ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space Permits. t. More Addressed to: re,re1191ackmon, C'.ty Engmea City of NenO¢sun PO Boa M3N Henemon, NC 17536 Am NOV B I?AeM to A,,%Gvd Pe natty WV 2012 IX4501i Pe,-, NNC001C5591Handereon WRFNA%CF Re M43360DOCD41153125 M. DI)36J3D33 9590 9402 6851 1060 2385 52 7020 3160 0000 4115 4125 A. X Agent D. Is de6vety address different from item 17 ❑ Yes It YES, enter delivery address bdOW.' ❑ No Service rl Pdartty MWI Evp LI Registered Mail' - very p yter¢d Mall Rm De lry grwtureGcff..at Signature confirmet D97very Restricted DelNery PS Form 3811, July 2020 PSN 7530-02.000-M Dorneatic Return Rec NPDES PERMIT NO.: NCO020559 FACILITY NAME: Henderson WRF OWNER NAME: City of Hmdcmon GRADE: WW4 eDMR PERIOD: 05-2022 (May 2022) PERMIT VERSION: 5.0 CLASS: WW-4. ORC: Clarissa M Lipscomb ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Active COUNTY: Vance ORC CERT NUMBER: 1002806 STATUS: Submitted SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO Cfae - = ¢7j LMIY !MM ro]19 .1. Colo. 3161. CO SXwe SXweek 5%week SXweek SXweek 5Xweek SXweek Month ly5%week Gb Greb Grab Com i1e Com sim Cam sre Greb Grab CaleulMed TEM1. DR CHLDaNE 0a-C. Pon.-Cr M-Cm FCOLI DR W TALN- 2.k H.. 1. 6n Hn VIDN tl u I m NOOm1 .,I 1 1 2 083 24.3 Y 181 5 <0.1 5 10 8.1 3 0934 24.0 Y 18.8 66 <2 <0.1 <15 23 1.9 4 a816 24.0 Y 192 6.7 <2 <0A <2.5 8 28 0.79 ! M32 23.9 Y 19.7 1 <2 <DA c2.5 9 8-1 0834 240 179 65 <2 <0.1 <25 41 85 2 e + 0831 24.8 Y 179 6.6 55 al <25 29 8 n W5 24,1 Y 1]9 6.5 <2 <0.1 <d5 1 are II REDO 23.9 1 1 Y 17.9 17 1<2 <0.1 1<25 2 8.2 .. IOD5 124,1 Y 185 68 <2 <0.1 <2.5 24 9.5 13 Duo 23.9 Y 19.5 68 <2 <0.1 <2.5 60 R2 16 H u 0840 24.8 Y 199 69 <2 1.1 Q 5 548 J tl 0820 23.1 Y 19.9 6.7 2A 1.1 <2.5 28 12 ID 0833 24.2 Y 194 67 <2 0.6 <2.5 38 7.6 N U32 24.0 1 Y 20 ZI 3.A 0.9 <2.5 12420 7,5 11 0836 Y 20.5 7.2 12 92 43 2420 1 31 31 u 0936 V246 Y 222 T.2 5.8 146 48 201 T.I0833 Y 20.8 21 6A 16J 65 1R 15 2! 0839 Y 20.7 7.3 6 T 1)6 62 13 68 u M29 8 Y 120 17.1 3.3 142 32 30 as 1T 0824 24.0 Y 2R5 ].3 32 13.5 <25 15 T.2 :D 3D HOLIDAY 11 0835 24A Y 214 7.1 3.8 &1 62 86 2 Ma.1M) w.... D. U.; 6 ] N 209 M..bll Av.nee: 195 762 2495239 4.680952 1.738095 4361R51 7,628371 M9 UHh 61.Wa.: 222 7.1 1.2 11.6 65 2420 8.5 071 0.113 M1.Iv�: 1].] " 0 0 0 I 6.8 0.79 ^++ No Reponing Reason: ENFRUSE = No Flow-Reukotlk c ele: ENV WTHR = No Visitation - Adverse Weather: NOFLOW =No Flow; HOLIDAY = No ViAmion - Holiday Discharge Monitoring Report - Copy Of Record(COR_NC0020559_Ver_1.0_5_2022.pdq NPDES PERMIT NO.: NCO020559 PERMIT VERSION: 5.0 FACILITY NAME: I lcndcrson WRF CLASS: WWA. OWNER NAME: City of Henderson ORC: Clarissa M Lipscomb GRADE: W WA ORC HAS CHANGED: No eDMR PERIOD: 05-2022 (May 2022) VERSION: 1.0 COMPLIANCE STATUS: Non -Compliant CONTACT PHONE #: 2524316080 Electronically Certified by Christy Lipscomb on 2022-07-01 15:56:07.034 ORC/Certifier S i g n a t u r e: C h r i s t y Lipscomb I certify that this report is accurate and complete to the best of my knowledge. PERMIT STATUS: Active COUNTY: Vance ORC CERT NUMBER: 1002806 STATUS: Submitted SUBMISSION DATE: 07/OI/2022 Phone #:252-438-2141 Date The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall be made as required by part ILEA of the NPDES permit. Electronically Signed by Christy Lipscomb on 2022-07-01 15:56:27.849 Permittee/Submitter Signature: ***Christy Lipscomb Phone #:252-438-2141 Date Permittee Address: NC Hwy 39 Henderson NC 27536 Permit Expiration Date: 03/31/2023 1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. CERTIFIED LABORATORIES LAB NAME: City of Henderson WRF, Merltech CERTIFIED LAB #: 242,165 PERSON(s) COLLECTING SAMPLES: Eddie Compton, Paul Intranco PARAMETER CODES Parameter Code assistance may be obtained by visiting https://deq.nc.gov/about/divisions/water-resources/edmr/werdocumentation. FOOTNOTES Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: YES indicates that No Flow/Discharge occurred and, as a result, no data is reported for any parameter on the DMR for the entire monitoring period. ** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Pennittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(1)). Discharge Monitoring Report - Copy Of Record(COR_NCO020559_Ver_1.0_5_2022.pdf) NPDES PERMIT NO.: NC0020559 FACILITY NAME: Henderson WRF OWNER NAME: City of Henderson GRADE: WW4 eDMR PERIOD: 05-2022 (May 2022) Report Comments: BOD- Blank Averaue > 0.2 me/L- 5-20-22 and 5-24-22 PERMIT VERSION: 5.0 CLASS: WW-4. ORC: Clarissa M Lipscomb ORC HAS CHANGED: No VERSION: 1.0 We arc not in compliance for ammonia for week 3 of the month. We also failed for the month. PERMIT STATUS: Active COUNTY: Vance ORC CERT NUMBER: 1002806 STATUS: Submitted DMR REVIEW RECORD Raleigh Regional Office Facility Name: Henderson WRF Permit Number: NCO020559 Report Period: May 2022 Prior Assessments: 1 Enforcement Factor: 1.00 Waterbody Ouffall # Outfall Description Waterbody Name Classification 001 Effluent to Nutbush Creek Nutbush Creek (Including Nutbush Creek Arm of C John H. Kerr Reservoir below normal pool elevation) Monthly Average Limit Violations Sample Location: Outfall 001- Effluent Violation Unit of Limit Calculated %Over Date Parameter Frequency Measure Value Value Limit Action 5/31/2022 Nitrogen, Ammonia Total (as N) - 5 X week mg/I 3 4.70 56.0 Proceed to NOV Concentration Weekly Average Limit Violations Sample Location: Outfall 001 - Effluent Violation Unit of Limit Calculated % Over Date Parameter Frequency Measure Value Value Limit Action 5/28/2022 Nitrogen, Ammonia Total (as N) - 5 X week mg i 9 1530 70.2 Proceed to NOV Concentration Other Violations/Staff Remarks: Supervisor Remarks: Completed by: Assistant Regional Supervisor Sign -off - Regional Supervisor Sign -off - Date: Date: Date: Prior 12-Month Enforcement History Permit Number: NC0020559 Report Period: May 2022 Limit Violation Sample Location: Outfall 001 - Effluent Violation Report Violation Date Period Parameter Type NOD NOV CPA 5/31/2021 5-2021 BOD, 5-Day (20 Deg. C) - Monthly Average NOD-2021-LV-0112 Concentration Exceeded 6/12/2021 6-2021 BOD, 5-Day (20 Deg. C) - Weekly Average LV-2021-0311 Concentration Exceeded 6/30/2021 6-2021 BOD, 5-Day (20 Deg. C) - Monthly Average NOV-2021-LV-0620 LV-2021-0311 Concentration Exceeded Permit NCO020559 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the City of Henderson is hereby authorized to discharge wastewater from a facility located at the Henderson Water Reclamation Facility 1646 West Andrews Avenue, Henderson Vance County to receiving waters designated as Nutbush Creek in the Roanoke River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. The permit shall become effective August 1, 2019. This permit and the authorization to discharge shall expire at midnight on March 31, 2023. Signed this day: June 28, 2019. '14, /� ( 4 {-- �� Lind Culpepper, it ctor Dision of Water Resources By Authority of the Environmental Management Commission Permit NCO020559 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions described herein. City of Henderson is hereby authorized to: continue to operate an existing 4.14 MGD wastewater treatment facility consisting of the following wastewater treatment components: • Bar screen and grit chamber • Biological nutrient removal system - 4 anaerobic basins, 2 anoxic zones, 2 oxidation ditches with 4 aerators (100 HP) • Final clarifiers • Tertiary filters ■ Post aeration • UV disinfection with sodium hypochlorite backup • Aerobic digester • Sludge holding tank • Two (2) waste activated sludge pumps • Screw thickener • Screw thickener discharge pump located at the Henderson Water Reclamation Facility, 1646 West Andrews Avenue in Henderson, Vance County, and 2. after receiving an Authorization to Construct from the Division of Water Resources, followed by submittal of an Engineer's Certification once construction has been completed, construct and operate wastewater treatment facilities with an ultimate capacity of 6.0 MGD, and discharge via Outfall 001 from said treatment works, at the location specified on the attached map, into Nutbush Creek, a Class C waterbody located within the Roanoke River Basin. Page 2 of 13 Permit NC0020559 A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (4.14 MGD) [15A NCAC 028 .0400 et seq., 02B .0500 et seq ] Grade IV Biological Water Pollution Control System [15A NCAC 08G .0302] Beginning on the effective date of this permit and lasting until expansion above 4.14 MGD or expiration, the permittee is authorized to discharge treated wastewater from Outfall 001. Such discharges shall be limited and monitored' by the permittee as specified below. PARAMETER CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS Parameter Code Monthly Weekly Daily Measurement Sample Sample Average Average Maximum Frequency Type Location Continuous Recording Influent or Effluent Flow 50050 4 14 MGD BOD5 (20°C) z C0310 6.0 mg/L 9 0 mgfL Daily Composite Influent and (April 1 - October 31) Effluent BOD5 (20°C) 2 C0310 12 0 mg/L 18.0 mg/L Daily Composite Influent and (November 1 - March 31) Effluent Total Suspended Solids C0530 30.0 m /L 9 45 0 m /L 9 Dail Y Composite p0 Influent and (TSS) 2 Effluent Ammonia (NH3 as N) C0610 3.0 mg/L 9.0 mgfL Daily Composite Effluent (April 1 - October 31) Ammonia (NH. as N) C0610 6.0 mg/L 18.0 mglL Daily Composite Effluent (November 1 - March 31) Total Phosphorus (April 1 - September 30) CO665 10 mglL quarterly average Weekly Composite Effluent Total Phosphorus (October 1 -March 31) C0665 3 15 mg/L quarterly average Weekly Composite Effluent Total Residual Chlorine 50060 17 0 /L N9 Dail Y Grab Effluent (TRC) ° Fecal Coliform 31616 200/100 mL 400/100 mL Daily Grab Effluent (geometric mean) pH 00400 Between 6 0 and 9.0 standard units Daily Grab Effluent Dissolved Oxygen 00300 Daily Average z 6 0 mg/L Daily Grab Effluent Temperature (°C) 00010 Daily Grab Effluent Conductivity 00094 Daily Grab Effluent Total Nitrogen CO600 Monthly Calculated Effluent (NO2-N + NO3-N + TKN) Total Cadmium 01027 Quarterly Composite Effluent Total Copper 01042 26 7 Ng/L 39.9 Ug/L Monthly Composite Effluent Total Silver 01077 Quarterly Composite Effluent Total Selenium 01147 Quarterly Composite Effluent Total Hardness [as 00900 Quarterly Composite Effluent CaC031(mg/L) 5 Page 3 of 13