WQCS00055_Enforcement (Letter)_20190708

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ROY COOPER ;i t i
\.RCHr1EL S. REGAN `o •� ..-
S.ere7urt,-
LINDA CULPEPPER
.hr n Im Environmental quality
Certified Mail # 7016 3560 0000 4428 4228
Return Receipt Reguested
July 08, 2019
Frank Frazier, City Manager
City of Henderson
PO Box 1434
Ienderson, 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 Collection System Permit No. WQCS00055
City of Henderson
Henderson Collection System
Case No. DV-2019-0103
Vance County
Dear Mr. Frazier:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of S782.36 (S750.00 civil penalty +
S32.36 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 NOV response letter submitted by 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 violation(s)
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 I-Ienderson violated the terms, conditions or
requirements of Collection System Permit No. WQCS00055 and G.S. 143-215.1(a)(]) 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, Rick
Bolich, L.G., Assistant Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment
against the
City of Henderson:
S750.00 For 1 of the 4 violations of Collection System Permit No. WQCS00055 and G.S. 143-215. l (a)(l) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.
750.00 TOTAL CIVIL PENALTY
S32.36 Enforcement Costs
$782.36 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:
Attn: PERCS Branch
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 1=4313-282.1(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 %vas 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 remissionyou must complete and submit the enclosed "Request for Remission of Civil Penalties
Waiver of Ri ht to an Administrative Heariniz. and Sti ulation of Facts" form within thirty 30 days -of receipt of this
notice. The Division of Water Resources also re uests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
AND
Rick Bolich, L.G., Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
1628 Mail Service Center, Raleigh
Raleigh, NC 27699.1628

Option 3: File a netition for an administrative hearing with the Office of Administrative Bearings:
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 maybe filed by facsimile (fax) or electronic mail by an attached file (with restrictions) -provided
the signed original, one (t) copy and a filing, fee (if a filing fee is required by NCGS §1501.3-23.2) 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 guestions 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
datertime 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) 7914200 or via email at mitch.hayes-4 ncdenr.gov.
Sincerel
W
Rick Qolich, L.G-, Assistant 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
Central Files

ATTACHMENT A
City of Henderson
CASE NUMBER: DV-2019-0103
PERMIT NO: WQCS00055
FACILITY: Henderson Collection System
Other Violations
INCIDENT VIOLATION
NUMBER
DATE
VIOLATION TYPE
VIOLATION DESCRIPTION
201900126
1113/2019
CSO/SSO(Sewer Overflow)
Discharge without valid permit
201900201
1123/2019
CSOISSO(Sewer Overflow)
Discharge without valid permit
201900322
2/7/2019
CSO/SSO(Sewer Overflow)
Discharge without valid permit
201900516
3/4/2019
CSOISSO(Sewer Overflow)
Storm event
Incident Start Duration
Humber Date (Mina) Location Cause
REGION: Raleigh
COUNTY: Vance
TOTAL VOLUME
PENALTY
(GALLONS)
AMOUNT
16,800
$750.00
1,575
$0.00
3,150
$0.00
10,800
$0.00
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
201900126
1/13/2019
240
Sandy Creek Pump
Severe Natural
16,800
16,800
Notice of Violation
Station, 482 Rock Milt
Condition
Notice of Intent to
Road
Enforce
201900201
1/23/2019
105
253 Ruin Creek Road
Debris in line
1,575
1,575
Notice of Violation
201900322
2/7/2019
210
Lynn Ave.
Grease & Debris
3,150
3,150
Notice of Violation
201900407
2/2z/2019
70
E. Rock Springs St.
Inflow/Infiftration
BPJ-No Further Action
100
0
201900406
2/22/2019
120
Pinkston St. Green
Inflow/ Info tration
24,000
24,000
BPI -No Further Action
Acres Apartments
201900408 2/22/2019 90 Neatherly Street Inflow/Infiltration 4,305
201900467 2/22/2019 240 Sandy Creek Pump Severe Natural 14,400
Station, 482 Rock Mill Condition
Road
201900457 2/23/2019 780 Neatherly Street Severe Natural 60,000
Condition, Inflow/
Infiltration
201900454 2/23/2019 660 Pinkston & Farrar Ave Severe Natural 3,000
Condition, Inflow{Infiltration
201900455 2/23/2019
201900456 2/23/2019
720 East Rockspring St. Severe Natural 3,000
Condition, Inflow/Infiltration
660 Pinkston St. @ Green Severe Natural 120,000
Acres Anartmonts Cnnditinn 1nflnw'Wiilirritinn
-I,-Duo on-ivo rurCner Action
14,400 BPI -No Further Action
60,000 BPJ-No Further Action
0 BPJ-No Further Action
0 BPJ-No Further Action
120,000 BPI, No Further Action

Total
Incident start Duration Vol
Number Date (Mina) Location Cause (Gals)
201900463 2/23/2019
720 Sandy Creek Pump Severe Natural Condition 43,200
Station, 482 Rock Mill
Road
Total Vol
Surface
Water
(Gals) DWR Action
43,200 BPJ, No Further Action
201900516 3/4/2019 180 Sandy Creek Pump Severe Natural Condition 10,800 10,800 Notice of Violation
Station, 482 Rock Mill
Road
201900524 3/4/2019 180 Cypress and Summit Debris in line 2,700 0 BPI, No Further Action
Road

JUSTIFICATION FOR REMISSION REOUEST
Case Number: DV-2019-0103 County: Vance
Assessed Party: City of Henderson
Permit No.: WQCS00055 Amount Assessed: S782.36
Please use this Form when requesting remission of this civil penalty. You must also complete the "Request For- Remission,
Waiver of Right to an fldnunistrcrtive Clearing, and Stiptdhttion 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. § 14313-282. 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. 14313-282, 1 (b) were wrongfully applied to the
detriment of the petitioner (the assessnt(nt fcxtors are listed in the eii-ilpertctln, assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that volt took to Correct the violation and pmventfttttre ocelr)7-enevs);
(c) the violation was inadvertent or a result of an accident (ix., explain u-hv the violation was unavoidable or
something yott could not Pre or prepare for);
(d) the violator had not been assessed civil penalties for any pre%-ious violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
hair pcwntent of the Civil penalty hill prcwent volt front per for �ning thr crCtivities necessary to acluri e
compliance).
EXPLANATION:

STATE OF NORTI-[ 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-2019-0103
Having been assessed civil penalties totaling $7 2,Y36 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated July 08, 2019, 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 .120
ADDRESS
TELEPHONE
SIGNATURE