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HomeMy WebLinkAboutWQCS00055_CPA Folder_DV-2024-0081_20240731Docusign Envelope ID: B91362A2-21E5-41BAE-9135F-FE1B4E7A57E1 DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: City of Henderson (Incident# 202400660) Facility Name: Henderson Collection System Permit Number: WQCS00055 County: Vance Case Number: DV-2024-0081 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 4,800 gallons of wastewater overflowed from the Henderson Collection System due to debris in line. 4800 gallons of wastewater flowed to Red Bud Creek (classification C;NSW) in the Tar -Pamlico River Basin. Nutrients and pathogens to surface waters. 2) The duration and gravity of the violation; The SSO started on March 16, 2024, at 06:30 pm. The incident ended on the same day at 08:30 pm. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on surface water quality includes nutricnts and pathogens to surface waters. 4) The cost of rectifying the damage; The cost of rectifying the damage was not provided. 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 has been one (1) penalty assessment issued within the past 12 months to the permittee for violations of the Henderson collection system permit. 8) The cost to the State of the enforcement procedures. $95.36 7/31/2024 Date DoeuSigned by A�7ARddf:FOFR John Hennessy, Section Chief Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Docusign Envelope ID: B91362A2-21E5-4BAE-9B5F-FE1B4E7A57E1 DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: City of Henderson (Incident# 202400722) Facility Name: Henderson Collection System Permit Number: WOCS00055 County: Vance Case Number: DV-2024-0081 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 7,500 gallons of wastewater overflowed from the Henderson Collection System due to debris in line. 7,500 gallons of wastewater flowed to Sandy Creek (classification C;NSW;+) in the Tar -Pamlico River Basin. Nutrients and pathogens to surface waters. 2) The duration and gravity of the violation; The SSO started on March 38, 2024, at 02:30 am. The time the incident ended is unknown due to a five-day report with this information not being submitted. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on surface water quality includes nutrients and pathogens to surface waters. 4) The cost of rectifying the damage; The cost of rectifying the damage was not provided. 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 has been one (1) penalty assessment issued within the past 12 months to the permittee for violations of the Henderson collection system permit. 8) The cost to the State of the enforcement procedures. $95.36 7/31/2024 Date DmuSigned by: AAr'PQ PA John Hennessy, Section Chief Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Docusign Envelope ID: B91362A2-21 E5-4BAE-9B5F-FE1 B4E7A57E1 ROY COOPER (;-erhor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Certified Mail # 7017 0190 0000 2485 8954 Return Receipt Requested Terrell Blackmon, City Engineer City of Henderson PO Box 1434 Henderson, NC 27536-1434 NORTH CAROLINA Environmental Quality 7/31/2024 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and Collection System Permit No. WQCS00055 City of Henderson Henderson Collection System Case No. DV-2024-0081 Vance County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $845.36 ($750.00 civil penalty + $95.36 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 maybe assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). D Noun carorna Devarlmcnt offmironmencal Quality lDlNsfongfwaterx wrces Raleigh Regional OPla 1700P Barrett Dn�e Rakigh. North Carolina 2�60e r 9I9]gL42oP Docusign Envelope ID: B91362A2-21 E5-4BAE-9B5F-FE1 B4E7A57E1 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, John Hennessy, Section Chief, Water Quality Regional Operations Section hereby make the following civil penalty assessment against City of Henderson: $750.00 For 1 of the 2 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 95.36 Enforcement Costs 845.36 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 Docusign Envelope ID: B91362A2-21 E5-4BAE-9B5F-FE1 B4E7A57E1 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. I (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 Hearing, and Stipulation of Facts" form within thirty (30) dgys 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 / RIM Vanessa Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ 1628 Mail Service Center, Raleigh Raleigh, NC 27699-1628 Docusign Envelope ID: B91362A2-21E5-4BAE-9B5F-FE1B4E7A57E1 Option 3: File a petition for an administrative hearine 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 §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 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 Kevin Fowler with the Division of Water Resources staff of the Raleigh Regional Office at (919) 791-4200 or via email at kevin.fowler@deq.nc.gov. Sincerely, C8DxuSigned by: 832B44CE9EB4A1... John Hennessy, Section Chief Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: Laserfiche Docusign Envelope ID: B91362A2-21 E5-4BAE-9B5F-FE1 B4E7A57E1 Case Number: DV-2024-0081 JUSTIFICATION FOR REMISSION REQUEST County: Vance Assessed Party: City of Henderson Permit No.: WQCS00055 Amount Assessed: $845.36 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: Docusign Envelope ID: B91362A2-21 E5-4BAE-9B5F-FE1 B4E7A57E1 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF VANCE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS City of Henderson ) Henderson Collection System ) PERMIT NO. WQCS00055 ) CASE NO. DV-2024-0081 Having been assessed civil penalties totaling $845.36 for violation(s) as set forth in the assessment document of the Division of Water Resources dated 7/31/2024 , 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 Docusign Envelope ID: B91362A2-21E5-4BAE-9B5F-FE1B4E7A57E1 ATTACHMENT A City of Henderson CASE NUMBER: DV-2024-0081 PERMIT NO: FACILITY: WQCS00055 Henderson Collection System REGION: Raleigh COUNTY: Vance Other Violations INCIDENT NUMBER VIOLATION DATE VIOLATION TYPE TOTAL VOLUME VIOLATION DESCRIPTION (GALLONS) PENALTY AMOUNT 202400660 3/16/2024 CSO/SSO(Sewer Overflow) Discharge without valid permit 4,800 $750.00 202400722 3/28/2024 CSO/SSO(Sewer Overflow) Discharge without valid permit $0.00 DocuSign Envelope ID 613195F7F-A777-4785-94D5-AA22FI389311 ROY COOPER Governor ELIZABETH S. B15ER RICHARD E. ROGERS. JR. Certified Mail # 7017 0190 0000 2486 0582 Return Receipt R uested Terrell Blackmon, City Engineer City of Henderson PO Box 1434 Henderson, NC 27536-1434 NORTH CAROLINA Environmental Quality April 09, 2024 SUBJECT; NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2024-DV-0188 Sanitary Sewer Overflows - March 2024 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 violation(s) that are summarized below: Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mina) Location Cause (Gals) (Gals) DWR Action 202400660 3/16/2024 120 Dr Martin Luther King Jr Debris in line 4,800 4,800 Notice of Violation Blvd, Henderson, NC, Notice of Intent 27537 202400722 3/28/2024 Unknown 482 Rock Mill Road, Inflow and 7,500 7,500 Notice of Violation Henderson, NC, 27537 Infiltration, Severe Natural Condition %' ihCar.,lwikpviwnt a!(—anrxnrni.d Qi day P K—J ri�[r. Ar.uu ces ,,2, R,-q—d 011 kr Win flx.r!l Drhr R..k n,h.%o,lh 0-4— �F�+ ul•17.1 i tex) DocuSign Envelope ID: 6B195F7E-A777-47B5-94D5-AA22F7389311 202400666 3/18l2024 20 253 Vance Academy Rd. Debris in Line 60 60 Notice of Deficiency Henderson, NC, 27537 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 Kevin Fowler with the Water Quality Section in the Raleigh Regional Office at 919-791-4261 or via email at kevin.fowler@deq.nc.gov. Cc: Laserfiche Sincerely, DocuSigned by: L-1��SSOLf r' for 2916EMBU144F Michael Hall, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ `J.•h Car0ro Npan mrnt L> Lmawvntnw, Q.rAl Lt..nkn of l5 ntrr 4r•w:rcrs D_EQ�, naif:;i ura��a3nn:� ixcM&nrrr:rn,r a.rrwr�\n rnrn nLi�. :na• 0� City of Henderson x Public Works Department J Post Office Box 1434 •900 S. Beckford Drive Henderson, NC 27536-1434 Phone: (252) 431-6030 / Fax: (252) 431-0124 May 29, 2024 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-2024-DV-0188 Sanitary Sewer Overflows T March 2024 Henderson Collection System Permit No. - WQCS00055 Dear Mr. Vinson: I am writing in response to the above -mentioned violation that we received on April 22, 2024. The cause and actions taken for each incident are listed below. Incident #202400660 The overflow in this incident was due to debris/rags creating a blockage in the sewer main. Crews were able to unstop the main and pull debris out with the use of a tow behind jetter, cleaning approximately 300 feet of sewer main. We cleaned up debris and placed lime out as needed. Incident #202400722 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 overflows, 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 and a $5 million grant from the Clean Water State Revolving Fund for sewer rehabilitation. This project has been named Sandy Creek Sewer Basin Find -It Fix -It. WK Dickson is working with HG Reynolds, our construction contractor, on this project. We are using every resource available to stop sewer overflows in our system. Incident #202400666 The overflow in this incident was due to debris/rags creating a blockage in the sewer main. Crews were able to unstop the main and pull debris out with the use of a tow behind jetter, cleaning approximately 150 feet of sewer main. We cleaned up debris and placed lime out as needed. 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 Owen Public Works Director CC-. Edward Terrell Blackmon, City Manager Joey Long, Assistant Public Works Director/Utilities Division — Collection System ORC Christy Lipscomb, Water Resources Director/ORC File Division of Water Resources PART I: State of North Carolina Department of Environment and Natural Resources Division of Water Resources Collection System Sanitary Sewer Overflow Reporting Form Form CS-SSO 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 #: 202400660 Owner: City of Henderson City: Henderson County: Vance Region: Raleigh Source of SSO (check applicable): El 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): Dr Martin Luther King Jr Blvd, Henderson, NC, 27537 Manhole #: HEND59-MH 109 Latitude (Decimal Degrees): Longitude (Decimal Degrees): Incident Started Dt: 03/16/2024 Time: 6:30 pm (mm-dd-yyyy) (hh:mm AMIPM) Estimated Volume of the SSO: 4,800 Incident End Dt: 03/16/2024 Time: 08:30 pm (mm-dd-yyyy) (hh:mm AMIPM) gallons Estimated Duration (Round to nearest hour): 2:0 hours Describe how the volume was determined: Estimated by eye (40gpm x 120minutes) Weather conditions during the SSO event: Sunny Did SSO reach surface waters? 0 Yes [:]No ❑ Unknown Volume reaching surface waters (gals): 4800 Surface water name: Red Bud Creek Did the SSO result in a fish kill? ❑ Yes ❑ No 0 Unknown If Yes, what is the estimated number of fish killed? SPECIFIC cause(s) of the SSO: 0 Debris in line 24 hour verbal notification (name of person contacted ): George Bernard ❑ DWR 0 Emergency Mgmt Date (mm-dd-yyy): 03/17/2024 Time (hh:mm AMIPM): 02:27:00 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 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 Il 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 found raps and shop towels. Suspected cause or source of debris. I really think people flushes them down the toilet. Are manholes in the area secure and intact? When was the area last checked/cleaned? The area was lasted checked about 2 months ago. Have cleaning and inspections ever been increased at this location due to previous problems with debris? Explain: We inspect the area often because we have had problems with rags in the pass. WYes DNo DNA []NE R Yes ❑ No ❑ NA ❑ NE Are appropriate educational materials being developed and distributed to prevent futl R Yes ❑ No ❑ NA ❑ NE similar occurrences? Comments: System Visitation ORC Yes Backup r7 Yes Name: Joey Long Jr. Cert# 990227 Date visited: 3-16-2024 Time visited: 6:30 P.M How was the SSO remediated (i.e. Stopped and cleaned up)? We used our portable ietter to unstop the main. We shot about 300 feet. All debris was raked and lime put out. CS-SSO Form Page: 2 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 i 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). 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N O N CD N A a a 7 > > > > > > > > > > > > > > O . a w CJ 2 0 0 a 0 0 0 0 0 A O A 0 0 A A c, N N CM M M N N N Cal N � z z° z° z° z° z z° m O C0 O O O (G O C7 G O G 0 O 0 es 69 vi 6e 64 1 61) CO O N CD N _N O CD en W3, N y Q O OR rl� r+ CALo rn to co LO m E coo v m 6 M m r� cn O to m CA r-- CV N m ff! 60 69 fR 69 69 Q l0 d m m c m a o A f- Ks N m 69 4 CO a m O E � rn rn � L v N V CA w O U E o U c � w o o E D W Lq LQ N r` h CO CCO, M M co M � ON) 0 OQi LO N to Efl vi 6ri to 64 409 � 69 C 3 O O O O O o O O O O Q q E O Q O O O CD Q h N O � W O CLn � N9 664 6~9 6UD 69 69 6~9 � N N M M Cl) d N N N Cl) N N M c0 N N rn co O M b O O O r y 4 O O O 4 4 O d N N Cl) co Cl) M V) to O p O O O O b U N N N N N N N Q 0 0 0 a 0 a H STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY SYSTEM -WIDE COLLECTION SYSTEM PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the City of Henderson WQCS00055 FOR THE operation and maintenance of a wastewater collection system consisting of, at the time of permit issuance, approximately 147 miles of gravity sewer, approximately 15 miles of force main, 13 duplex pump stations, and all associated piping, valves, and appurtenances required to make a complete and operational wastewater collection system to serve the City of Henderson and any deemed permitted satellite communities, pursuant to the application received March 28, 2018, and in conformity with the documents referenced therein and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. This permit shall be effective from May 1, 2018 until April 30, 2026, and shall be subject to the following specified conditions and limitations: Page 1 of 7 I. PERFORMANCE STANDARDS 1 The sewage and wastewater collected by this system shall be treated in the properly permitted Wastewater Treatment Facility identified in the permit application and documented in the Division's database [15A NCAC 02T 0108 (b)] 2 The wastewater collection system shall be effectively managed, maintained and operated at all times to prevent discharge to land or surface waters, and to prevent any contravention of groundwater standards or surface water standards in the event that the wastewater collection system fails to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate actions as per the Response Action Plan (Condition II(9)), as well as any actions that may be required by the Division of water Resources (Division), such as the construction of additional or replacement sewer lines and/or equipment [15A NCAC 02T 0108 (b)] 3 The Permittee shall establish by ordinance, inter -local agreement or contract its legal authority to require new sewers be properly constructed, to ensure proper inspection and testing of sewer mains and service laterals, to address flows from satellite systems and to take enforcement action as required by Condition I(4) [G 5.143-215 96, G.5 143-215.1(f)(1)] 4 The Permittee shall develop and implement an educational fats, oils and grease program that shall include at least semiannual distribution of educational material targeted at both residential and non- residential users The Permittee shall also develop and implement an enforceable fats, oils and grease program for non-residential users under which the Permittee can take enforcement against users who have not properly installed, operated and maintained grease traps or grease interceptors as directed or otherwise violated the terms of the enforcement program pertaining to fats, oils and grease [15A NCAC 02T 0108 (b)] 5. The Permittee shall adopt and implement a Capital Improvement Plan (CIP) to designate funding for reinvestment into the wastewater collection system infrastructure The CIP should address the short- term needs and long-term "master plan" concepts. The CIP should typically cover a three to five year period and include a goal statement, description of the project area, description of the existing facilities, known deficiencies (over a reasonable period) and forecasted future needs Cost analysis is integral to the CIP. [G 5 143-215.913] 6 Overflow piping from manholes and pump stations, excluding piping to approved equalization structures, known or discovered after permit issuance shall be immediately removed or permanently capped Plugged or valved emergency pumping connections are allowable for portable pumping or rerouting without intentionally bypassing the wastewater treatment facility [15A NCAC 02T .0108 (b)] 7. The Permittee shall maintain a contingency plan for pump failure at each pump station If one of the pumps in a pump station containing multiple pumps fails, the process of repairing or replacing the pump shall be initiated immediately and the new parts or pump shall be installed as soon as possible The permittee shall provide justification for delay in initiating the process for repair or replacement at the Division's request. If the pump in a simplex pump station serving more than a single building or pump stations not capable of pumping at a rate of 2.5 times the average daily flow rate with the largest pump out of service fails, it shall be replaced immediately [15A NCAC 02T .0305 (h) (1)] Page 2 of 7 8 Each pump station shall be clearly and conspicuously posted with a pump station identifier and an emergency contact telephone number at which an individual who can initiate or perform emergency service for the wastewater collection system 24 hours per day, seven days per week can be contacted. This emergency contact telephone number shall be coupled with instructions that the emergency contact should be called if the visual alarm illuminates, if the audible alarm sounds, or if an emergency is apparent [15A NCAC 02T 0305 (h) (2)] 9 Pump station sites, equipment and components shall have restricted access [15A NCAC 02T 0305 (h) (4)] 10 Pump stations that do not employ an automatic polling feature (i e. routine contact with pump stations from a central location to check operational status of the communication system) shall have both audible and visual high water alarms The alarms shall be weather-proof and placed in a clear and conspicuous location Permits issued for the construction of pump stations that included high water alarms in the description must maintain the alarms even if simple telemetry (i a notification of an alarm condition initiated by the pump station control feature) is installed. [15A NCAC 02T .0305 (h) (1)] 11 For all newly constructed, modified and rehabilitated pump stations, all equipment and components shall be sealed within a corrosion -resistant coating or encasement to the extent practicable and equivalent to the minimum design criteria unless the permittee can demonstrate it is not practicable or another form of corrosion resistance is employed [15A NCAC 02T 0108 (b)] II. OPERATION AND MAINTENANCE REQUIREMENTS 1 Upon classification of the collection system by the Water Pollution Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate and employ a certified operator to be in responsible charge (ORC) and one or more certified operator(s) to be hack -up ORC(s) of the facilities in accordance with 15A NCAC 8G 0201 The ORC shall visit the system within 24 hours of knowledge of a bypass, spill, or overflow of wastewater from the system, unless visited by the Back -Up ORC, and shall comply with all other conditions of 15A NCAC 8G 0204 [15A NCAC 08G 0200 et seq.] 2 The Permittee shall develop and adhere to a schedule for reviewing all inspection, maintenance, operational and complaint logs If the review process results in the identification of any recurring problem in the wastewater collection system that cannot be resolved in a short time period, the Permittee shall establish a plan for addressing the problem(s) [15A NCAC 02T 0108 (b)) 3 The Permittee shall develop and adhere to a schedule for testing emergency and standby equipment [15A NCAC 02T .0108 (b)] 4. The Permittee shall develop and implement a routine pump station inspection and maintenance program which shall include the following maintenance activities: a. Cleaning and removing debris from the pump station structure, outside perimeter, and wet well; b Inspecting and exercising all valves; c. Inspecting and lubricating pumps and other mechanical equipment; and d Verifying the proper operation of the alarms, telemetry system and auxiliary equipment [15A NCAC 02T 0108 (b)] Page 3 of 7 5 For each pump station without pump reliability (i a simplex pump stations serving more than a single building or pump stations not capable of pumping at a rate of 2 5 times the average daily flow rate with the largest pump out of service), at least one fully operational spare pump capable of pumping peak flow shall be maintained on hand 115A NCAC 02T 0305 (h) (1) (A)] S The Permittee shall maintain on hand at least two percent of the number of pumps installed, but no less than two pumps, that discharge to a pressure sewer and serve a single building, unless the Permittee has the ability to purchase and install a replacement pump within 24 hours of first knowledge of the simplex pump failure or within the storage capacity provided in a sewer line extension permit (15A NCAC 02T 0108 (b)] 7 Rights -of -way and/or easements shall be properly maintained to allow accessibility to the wastewater collection system unless the Permittee can demonstrate the ability to gain temporary access in an emergency situation where existing land -use conditions do not allow the establishment and maintenance of permanent access In this case, the Permittee shall continue to observe the lines visually, utilize remote inspection methods (e g CCTV) and use the opportunity of drier conditions to perform further inspections and necessary maintenance [15A NCAC 02T .0108 (b)] 8 The Permittee shall assess cleaning needs, and develop and implement a program for appropriately cleaning, whether by hydraulic or mechanical methods, the wastewater collection system At least 10 percent of the gravity wastewater collection system, selected at the discretion of the ORC, shall be cleaned each year Preventative cleaning is not required for sewer lines less than five years old unless inspection otherwise reveals the need for cleaning or cleaning is required by a sewer line extension permit. [15A NCAC 02T 0108 (b)] 9 The Permittee shall maintain a Response Action Plan that addresses the following minimum items• a Contact phone numbers for 24-hour response, including weekends and holidays, b Response time; c Equipment list and spare parts inventory, d. Access to cleaning equipment; e. Access to construction crews, contractors and/or engineers; f Source(s) of emergency funds, g. Site restoration and clean up materials, and h Post-SSO assessment [15A NCAC 02T .0108 (b)] 10 The Permittee, or their authorized representative, shall conduct an on -site evaluation for all SSOs as soon as possible, but if feasible no more than two hours after first knowledge of the SSO. The Permittee shall document in its 5-day report why it was unable to initially respond to any SSO location within two hours. [15A NCAC 02T 0108 (b)] 11 In the event of an SSO or blockage within the wastewater collection system, the Permittee shall restore the system operation, remove visible solids and paper, restore any ground area and restore the surroundings. [15A NCAC 02T .0108 (b)] Ill. RECORDS 1 Records shall be maintained to document compliance with Conditions 1(4), 11(2) - Il(4), II(7) - II(8), IV(3) and V(1) -V(4). 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