WQCS00055_DV-2018-0043_20180611

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ROY COOPER
Gov rner
MICHAEL.S.REGAN
Secretary
Water Resources LINDA CULPEPPER
f NVNIONMENTAL QUALITY
Interim Director
Certified Mail#7017 2680 0000 2219 4445
Return Receipt Requested
June 11, 2018
Frank Frazier,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)(1)
and Collection System Permit No. WQCS00055
City of Henderson RECEIVED/DENR/DWR
Henderson Collection System JUN 1 $ 2018
Case No. DV-2018-0043
Vance County Water Resources
Permitting Section
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$2,031.76($2,000.00 civil penalty
+$31.76 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 and information provided by the 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 violations 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 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
1628 Mail Service Center,Raleigh,NC 27699-1628
919-791-4200

.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 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 §150B-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: [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 Mitchell Hayes with the Division of Water Resources staff of the Raleigh
Regional Office at(919) 791-4200 or via email at [e-mail].
Sincerely,
)-1-7
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
PERCS Compliance/Enforcement Unit -Enforcement File

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2018-0043 County: Vance
Assessed Party: City of Henderson
Permit No.: WQCS00055 Amount Assessed: $2,031.76
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:

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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-2018-0043
Having been assessed civil penalties totaling$2,031.76 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated June 11, 2018,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: DV-2018-0043
PERMIT NO: WQCS00055 REGION: Raleigh
FACILITY: Henderson Collection System COUNTY: Vance
Other Violations
INCIDENT VIOLATION TOTAL VOLUME PENALTY
NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION (GALLONS) AMOUNT
201800141 1/29/2018 CSO/SSO(Sewer Overflow) Discharge without valid permit 3,000 $0.00
201800142 1/29/2018 CSO/SSO(Sewer Overflow) Discharge without valid permit 162,000 $2,000.00
201800288 2/15/2018 CSO/SSO(Sewer Overflow) Discharge without valid permit 9,000 $0.00
Total Vol
Total to 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