NC0020559_NOV-2024-PC-0564 Notice of Intent_20241002

North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200

CERTIFIED MAIL: 7017 0190 0000 2485 9258
RETURN RECEIPT REQUESTED

October 2nd, 2024

Terrell Blackmon, City Engineer
City of Henderson
PO Box 1434
Henderson, NC 27536-1434

SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTIES
TRACKING NUMBER: NOV-2024-PC-0564
For Unauthorized Bypass
Henderson Water Reclamation Facility
NPDES Permit: NC0020559
Vance County

Dear Mr. Blackmon,
A review has been conducted of the self-reporting incident report submitted by Brandon Elliot
on 8/16/2024. The Division of Water Resources (DWR)’s Raleigh Regional Office concludes that
the unauthorized bypass violated G.S. 143-215.1(a)(1) and Permit Condition Part II Section C
(4) (c) of NPDES Permit NC0020559.

Specific activities in violation of State Law include the following:
Total Vol Total Surface Incident Start Vol Water Number Date Location Cause (Gals) (Gals)__________________________________________________________________ 202401779 8/16/2024 1646 W Andrews Ave Possible Plant Upset 200,000 200,000
Henderson, NC 27536 ________________________________________________________________
Remedial actions, if not already implemented, should be taken to correct the above
noncompliance. Please note that the Division of Water Resources (DWR) began assessing civil
penalties for severe and/or repeat SSOs starting December 1, 2007. Enforcement decisions are
based on volume spilled, volume reaching surface waters, duration, gravity, impacts to public
health, fish kills and other factors.

Docusign Envelope ID: D02A5E8D-2CF2-4BB9-958D-C7F26E104EF8

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000

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 about this letter, please contact Kevin Fowler of the Raleigh Regional
Office at [phone]
Sincerely,

Vanessa Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NC DEQ
cc: Laserfische

Docusign Envelope ID: D02A5E8D-2CF2-4BB9-958D-C7F26E104EF8