NC0020559_LV20170303_20171031

Water Resources
ENVIRONMENTAL QUALITY
Certified Mail # 7016 3560 0000 4428 2774
Return Receipt Requested
October 31, 2017
Frank Frazier, Assistant City Manager
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)(6)
and NPDES WW Permit No NCO020559
City of Henderson
Henderson WRF
Case No LV -2017-0303
Vance County
Dear Mr Frazier
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Utrretor
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,037.47 ($2,000 00 civil penalty
+ $37 47 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 April 2017. This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No NCO020559 The
violations, which occurred in April 2017, 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 NPDES WW Permit No NCO020559 and G S. 143-215 l(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 143-215.1(a)
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, Danny Smith, Regional
Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against City of Henderson.
State of North Carolina I Environmental Quality I Water Resources

I
$1,50000 1 of the 1 violations of 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 NH3-N - Cone
$50000 1 of the 1 violations of 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 NH3-N - Cone.
$2,000 00 TOTAL CIVIL PENALTY
$37 47 Enforcement Costs
$2,037 47 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
Wastewater Blanch
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 Hearing, and Stipulation of Facts" form within thirty (30) 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
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 HearinEs:
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 in and 5.00 p in , 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 § 15 OB -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
filingrU ocess
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 Jason Robinson with the Division of WaterResources staff of the Raleigh
Regional Office at [phone] - or via email at Jason.T.Rob mson@ncdemr gqv` ,
�,J
S ncerely,
i
Danny Smith, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc- WQS Raleigh Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File

Case Number: LV -2017-0303
JUSTIFICATION FOR REMISSION REQUEST
County: Vance
Assessed Party: City of Henderson
Permit No.: NC0020559 Amount Assessed: $2,037 47
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 i emammg 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 DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADNIINISTRATIVE HEARING AND
STIPULATION OF FACTS
City of Henderson )
Henderson WRF 1
PERMIT NO NCO020559 ) CASE NO. LV -2017-0303
Having been assessed civil penalties totaling $2,037 47 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated October 31, 2017, 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

ATTACHMENT A
City of Henderson
CASE NUMBER: LV -2017-0303
PERMIT: NCO020559
FACILITY: Henderson WRF
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
REGION: Raleigh
COUNTY: Vance
Violation
Date
Report
MonthNr
Parameter
Unit of
Frequency Measure
Limit
Value
Calculated
Value
% Over
Limit
Violation
Type
Penalty
Amount
4/8/2017
4-2017
Nitrogen, Ammonia
5 X week mg/I
9
1294
438
Weekly
$50000
Total (as N) -
Average
Concentration
Exceeded
4/30/2017
4-2017
Nitrogen, Ammonia
5 X week mg/I
3
645
1151
Monthly
$1,50000
Total (as N) -
Average
Concentration
Exceeded