WQCS00055_NOV and Intent to Assess_20180423

ROY COOPER
Gorcrr or
\IICHAEL S.REGAN
Secr€iarl
Water Resources LE'o A CULPEPPER.
ENVIRONMENTAL OUAUTY Director
CERTIFIED MAIL: 7017 2680 0000 2219 3646
RETURN RECEIPT REQUESTED
April 23, 2018
Frank Frazier, City Manager
City of Henderson
PO Box 1434
Henderson, NC 27536-1434
SUBJECT: NOTICE OF VIOLATION &INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2018-DV-0124
Sanitary Sewer Overflows - January 2018
Collection System Permit No. WQCS00055
Henderson Collection System
Vance County
Dear Mr. Frazier:
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 (Mins) Location Cause (Gals) (Gals) DWR Action
201800141 1/29/2018 120 929 Carroll Road Inflow and Infiltration 3,000 3,000 Notice of Violation
201800142 1/29/2018 720 Green Acres Outfall Inflow and Infiltration 162,000 162,000 Notice of Violation/
Notice of Intent to
Enforce
201800288 2/15/2018 300 Triangle North Outfall debris in line and roots 9,000 1,000 Notice of Violation
State of North Caiolina l Envuonmental Quality I Watei Resources
1628 Mail Service Centel,Raleigh,NC 27699-1628
919-791-4200

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
consideretin 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 Water Quality Section in
the Raleigh Regional Office at 919-791-4200 or via email at mitch.hayesat cae ygov.
Sinc rel ,
Z;W'27
Danny Smith, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: Raleigh Regional Office - WQS File
Central Files, Water Quality Section
State of North Carolina I Enviiomnental Quality I Water Resources
1628 Mail Service Center,Raleigh,NC 27699-1628
919-791-4200