WQCS00055_NOV-2018-DV-0204_20180724

•
ROY COOPER i•IOR T I'i CAROLINA
Enviranrnenral Quality
C-avo-rnor
MICHAEL S.REG Ami
Sac,arm
1.24D.A CULPEPPER
Interne
CERTIFIED MAIL:7016 3560 0000 4428 3085
RETU`N RECEIPT EQUESTED
July 24, 2018
Frank Frazier, City Manager
City of Henderson
PO Box 1434
Henderson, NC 27536-1434
SUBJECT: NOTICE OF VIOLATION &INTENT T• ISSUE CIVIL PENALTY
Trackii rig No.: NOV-2018-DV-0204
Sanitary Sewer Overflows - May 2018
Collection System Permit No. WQCS00055
Henderson Collection System
Vance County
Dear 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
- 201800697 5/7/2018 3,480 Aerial at Red Bud Creek,Severe Natural 968,000 968,000 Notice of Violation
near Red Bud Church Condition Notice of Intent to
Road Enforce
This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. Pursuant
North Carolina Department of Environmental Quality I Division of Water Resources
1628 Mail Service Centel,Raleigh,NC 27699-1628

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 i'n 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 ciyil 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 [e-mail].
Sincerely,
4-727
7- 7
Danny Smith, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Di Vision of Water Resources, NCDEQ
Cc: Raleigh Regional Office - WQS File
Central Files, Water Quality Section
• # 4 .try'
North Carolina Department of Environmental Quality I Division of Water Resources
1628 Mail Service Center,Raleigh,NC 27699-1628