WQCS00037_Regional Office Historical File Pre 2018 (5)

Certified Mail # 7016 1370 0000 2595 6897
Return Receipt Requested
July 30, 2018
Rick Howell, City Manager
City of Shelby
PO Box 207
Shelby, NC 28151-0207
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for 'Violations of North Carolina General Statute (G.S) 14.3-215.1(a)(6)
and Collection, System Permit No. WQCS00037
City of Shelby
Shelby Collection System
Case No. DV-2018-0054
Cleveland County
Dear Mr. well:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $37036 ($250.00 civil penalty +
$120.36 enforcement costs) against City of Shelby.
This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO)
5-Day Report submitted by City of Shelby. This review has shown the subject facility to be in violation of the requirements
found in Collection System Permit No. WQCS00037 and G.S. 143-215.I.(a)(1). The -violation(s) that occurred are
summarized in Attachment A to this letter.
Based upon the above facts, 1 conclude as a matter of law that City of Shelby violated the terms, conditions or requirements
of Collection System Permit No. WQCS00037 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. 143-215.6.A(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).
North Caroliina Department of Environmental Quality 1 Division of Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 2'8115
704-663-1699

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, 1, W. Corey
Basinger, Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against
City of Shelby:
$250.00 For l of the 1 violations of Collection System Permit No. WQCS00037 and G.S. 43-215.1(a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.
$250.00 TOTAL CIVIL PENALTY
$120.36, Enforcement Costs
$370..36 TOTAL AMOUNT DUE
.Pursuant to G.S. 143-2.15.6A(c), in determining the amount of the penalty 1 have taken into accountthe Findings of Fact and.
Conclusions of Law and the -factors set forth at G.S. 143B-282,1(b), which are:
'The degee and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
The duration and gavity of the violation;
The effect on ground or surface water quantity or quality or on air quality;
The cost of rectifying the damage;
The amount of money saved by noncompliance;
Whether the violation was committed willfully or intentionally;
The prior record of the violator in complying or failing to comply with prograrns. over which the Environmental.
Management Commission has regulatory authority; and
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
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
-16-rin,) Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s):
Please submit payment to the attention of:
Steven Lewis
PERCS Unit
Division of Water Resources.
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 2: Submit a written request for remission or nutigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration ofthe 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 he considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-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 (Cormnittee). 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 con 1 and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of .Right to an Administrative Hearing, and Stipulation of Facts" fonn 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:
Steven Lewis
PERCS Unit
Division of Water Resources
1617 Mail Service Center
Raleigh., North Carolina 27699- 6 7
AND
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
61.0 East Center Avenue, Suite 301
Suite 301, Mooresville, NC 28115

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 vvithin. 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 500 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
s'hotild contact the Office of Administrative HearirJawith allAuestionsregarding the filingfee 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
dateltime 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 Lon Snider with the Division of Water Resources staff of the Mooresville
Regional Office at [phone] or via email at lon.sniderAncdenr.gov.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section.
.Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Mooresville Regional Office. - Enforcement File
PERCS Compliance/Friforcement Unit - Enforcement File

Case Number: DV-2018--0054
Assessed Party: City of Shelby
Permit No.: WQCS00037
JUSTIFICATION FOR II ISSION OUST
County: Cleveland
Amount Assessed: S370.36
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an 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. § 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. 1.43B-282.1(b) were wrongfully applied to the
detriment of the petitioner the assessment factors are listed in the civil penalty assessment document);
(h) the violator promptly abated continuing environmental •darnage resulting fro rrr 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 fir);
(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 e., explain
how payment of the civil penalty, will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAR LINA
COUNTY F CLE ELA aI
DEPARTMENT T OF EN IRO 3 ENT QUALITY
.I. MATTER OF ASSESS _ I NT
OF CIVIL PENALTIES AGAINST
City of Shelby
Shelby Collection System
PERMIT NO 't CS000 7
WAIVER OF' RIGHT T AN
ADMINIST TIVE HEARINGAND
STIPULATION OF FACTS
CASE NO. DV-2018-0054
Having been assessed civil penalties totaling $370.30c r vi lation(s) as set forth in the assessment document of the Division
of Water Resources dated July ITE_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 notice
fassessment No new evidence in support of a remission request will be allowed after (30) days tro n the receipt of the
assessment.
not
This the. dye
ADDRE SS
"TELFPIR
VTL R

PERMIT O. WQQ 00 3
FAIL Shelby Collection System
Other tions
ATTACHMENT A
City f Shelby
CASE NUMBER: V"-2018-005
INCIDENT VIOLATION
N
NUMBER DATE VIOLATION TYPE
2018 88 4121/2018 CSO/SSO(Sewer Overflow)
REGION: MooresviHe
COUNTY: Cleveland
VIOLATION DESCRIPTION
Discharge without valid permit
TOTAL VOLUME
PENALTY
(GALLONS) AMOUNT
52,500 $250 00

]U�
«^
|"",
Post, Office Box 207 She|bv,NC,Z815i-V2O7
McCorey Basinger, Regional Supervisor
Division Water Resources/Water Quality Section
G1OEast Center Avenue, Suite 3OI
Mooresville, N[Z8II5
Re: Notice mfViolation & Intent tmIssue Civil Penalty
Trackin0#NOV-2018-DV-0149
Collection System Permit #WQCS0QC>37
City oYShelby, Cleveland County
Dear Mr. Basinger,
The City of Shelby received the above referenced Notice of Violation on May 25, 3Ol8for thesanitary
sewer overflow that occurred on 4/21/2018 at 1700 Wesson Road.
The spill was discovered by the City of Shelby Field Operations while investigating the main outfaUs due
to a call from the VV\&T9that flow was dropping off at the influent, Crews discovered a spill at I:30pnm
on the First Broad Qu1faU, located behind on the property at 1700 Wesson Road. Crews quickly
mobilized a noddinBcrew tothe site and began cleaning the line to eliminate the overflow and remove
the partial blockage. Crews determined that the cause ofthe spill was root related.
As noted in the Chy's spill response report, this is the first spill at this particular location. Over the past
few years vvehave put anemphasis omthe Cityslarger diameter outfaUs. |nfact, the City purchased an
acoustic testing device in an effort to assist with the evaluation nfoutfaQs. City crews evaluated this
area on 3/1S/I015 and did not identify any problems. This area was tested again on 3/I4/2016and a
partial blockage was found onone section ofthis outfaU. This was not spill related and the blockage was
promptly removed.
overall, the City has performed acoustic testing on the nmajoroutfaUs from the plant back to where the
smaller sub -basin lines tie in. |nthe process, City crews have completed some rodding,jetting and even
bucket cleaning toensure that lines are clear ofpotential blockages.
in response to this spill, the City of Shelby has identified this area in the [itvs G|3 system as "High
Priority Lines". City crews will perform annual acoustic testing of this area and will document the
inspection and any required and completed cleaning within the G|5system. This list ofhigh priority lines
is in addition to the aerial crossing list that is maintained by the Co.
Your letter lists ten areas ofreview in consideration for determining civil penalty amounts fora sanitary
sewer overflows, We have included the following brief responses for each item�

• Volume — 52,500 gallons
• Volume reaching surface waters — 39,375 gallons
• Duration and gravity — Once spill was located, Crews rectified the spill within 105 minutes.
• Impacts to public health - There were no identified impacts to public health,
• Fish kills ., No fish kills were observed following this overflow.
• Recreational area closures - No recreational areas were closed due to this overflow.
• History of spills — Our sanitary spill records do not indicate a previous reportable spill at this
location,. This is the first root related reportable spill since 2015.
The City operates a proactive maintenance program, since 2010 the City has invested in
additional equipment and also hired additional personnel to improve our preventative
maintenance program. The City has continued to improve spill performance as shown below.
Total spills are down from 19 in 2011 to 3 in 2017, This spill was the first caused by roots since
2015. The City continues to inspect the sewer system through in-house and contracted
services for potential problems and has drastically improved our environmental compliance by
conducting repairs/improvements in critical and strategic locations..
2011
CITY OF SHELBY - sE3 ER OVERFLOWS
202B 00,0f4 �,. ����z � e,zuaa,
2C112 2003
2014 20 5
201Ci 211,17
128 2019

- Cost of rectifying damage — No environmental damage was identified requiring remediatiom
City staff utilized our forces to provide perform evaluation services and cleaning. Crews
provided eclean-up ofthe spill area and limed the area around the manhole.
w Intentional spill —This overflow was not intentional and was caused by a root ball that
collected debris.
°Money saved by non-compliance —Wnmoneywausaved bythis non-com pliance.
The City of Shelby was awarded an Asset Inventory and Assessment Grant /n the amount mf$160,8O0
from the State of North Carolina Division of Water Infrastructure in 20I7. Some ofthe |aq§eromtfaUs up
stream of this area were targeted; however this area is below the old City limits area. The City is
considering using operational funds after July to better investigate high priority sections not included in
the Asset Inventory and Assessment Grant,
As a side note, the City is spending well over $508,000 per year in budgeted sevwe, line rehabilitation
activities and we continue to identify larger capital improvement projects designed to target high
priority repairs,
We recognize the requirements of our Wastewater Collection System Permit and the importance to the
environment and public health through the prevention sanitary sewer overflows. We believe that the
City ofShelby continues toimprove our approach to Operations and Maintenance and believe that vxe
are continuing to strengthen the [ity's sewer infrastructure.
Thank you for the opportunity to provide additional information for consideration,we request that the
State consider the information provided as proof that the City has been proactive in the way that our
collection system is managed. Also, we request that N[0EWR not impose xdwii penalty assessment for
the subject opU| based upon the fact that this was the first spill at this location and considering the fact
that the City has listed this area as a high priority area and will acoustic test this area at least annually
and perform maintenance aunecessary.
Please contact me foradditiiona! information or if you have questions regarding 'this issue. | can be
reached at7O4-GRQ-657Oor
Dav|dHux
Water Resources Director
M. Rick Howell; City Manager
Mark Swink; Field Operations Superintendent

ROY COOPER
A CULPEPPER
CERTIFIED MAIL: 7016 1370 0000 2595 6767
RETURN RECEIPT EQUESTED
May 21, 2018
Rick Howell, City Manager
City of Shelby
PO Box 207
Shelby, NC 28151-0207
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2018-DV-0149
Sanitary Sewer Overflows - April 2018
Collection System Permit No. WQCS00037
Shelby Collection System
Cleveland County
Dear Mr, Howell:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/5 submitted by
City of Shelby. The Division's Mooresville Regional Office concludes that the City of Shelby violated Permit
Condition I (2) of Permit No. WQCS00037 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 Mooresville Regional Office is providing the City of Shelby an opportunity to provide evidence and justification
as to why the City of Shelby 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
201800588 4/21/2018 105 1700 Wesson Rd Roots 52,500 39,375 Notice of Intent
This Notice of Violation / Notice of Intent to Enforce (NOWNOI) 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.
53a333 33-33Nerth rem fiewiroeunentai Quality !Wales Resouleee
33 A) 13,3333t 3133-em Avenue, 33,33nte 3331, 33433oresvale, NC 55115
33331-66 33599

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 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 Lon Snider with the Water QualitySection in the
Mooresville Regional Office at 704-663-1699 or via email at lon,[e-mail]„
Sincerely,
DocuSigned by:
A14CC681AF27425.
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: Mooresville Regional Office - WQS File
Central Files, Water Quality Section
Hilv1;-ozulltnItal Wwter
SUlte 30 1, t.

Division of Water Resources
iiii;i-ate or vum
uktparlincni or 11',11ViroIMICIII and Natural Ri,;•sources
Dis ision uf NN afar ResonTTOs
Collection System Sanitary Sewer Overflow Reporting Form
Form CS-SSO
PART 1:
This form shall be submitted to the ap r
overflow (SSC).
p
)..te DWO Regional Office within five days of the first knowledge of the sanitary sewer
Permit Number. -4420.55,51 ":22." (WC/CS4 if active. otherwise use WOCSD#)
Facility: Sneby
Owner.: 1.15ir ii.15eiloy
City:
Source of SSO (check applicable):
Cuny
Incident #
Region:
[Zli Sanitary Sewer D Pump Station / Lift ,Station
SPECIFIC location of the SSO (be consistent in description from past reports or documentation - i„e„ Pump Station
Manhole at Westall & Bragg Street, etc):
Manhoe r55 27 ill:4:854:i
Latitude (Decimal Degrees). Longitude. (Decimal Degrees)
Incident Started Dt: 04;2152018 Time:
(mm-dd-yyyy)
Estimated Volume of the SSO: 52 588
1 30 pm
(hh:mm AM/PM)
incident End Dt 5l4i25(200
(mm-dd-yyyy)
gallons Estimated Duration (Round to nearest hour):
Describe, how the volume was determined: 500 105 mins -5 52:500
Weather conditions during the SSO event
Did SSO reach surface waters?
Surface water name:
Time: 03 1:5 fs,rh
(hh:mm AMIPM)
"1 45 hours
fij Yes D No 0 Unknown
Prst Broaa Ryer
Did the SSO result in a fish kill?
Volume reaching surface waters (gals): 393T.E,i
Yes El No Ei Unknown If Yes, what is the estimated number of fish killed?
SPECIFIC cause(s) of the SSO:
WI Roots
24 hour verbal notification (name of person contacted ): Unknown Unknown
DWR 2 Emergency Mgmt Date (mm-dd-yyy): 04141210:1018 Time (hh:mm AMP 48:0(5 orri
n
0 is ongoing: please notify the appropriate Regional Office on a daily basis until SSO can be stopped.
Per G:S. 143-215.1C(b), the responsible party of a discharge of 1000 or more of untreated wastewater to surface waters
shall issue a press release within 24-hours of first knowledge to ail print and electronic news media providing general
coverage in the county where the discharge occurred. When 15.000 gallons or more of untreated wastewater enters surface
:ersa public notice shall be published within 10 days and proof of publication shall be provided to the Division within 30
days. Refer to the reference statute for further detail„
The Director Division of Water Resources mayke enforcernentactien for SSOs that are required to be reported to
Division unless it is dernonstrated tt at:
lt the discharge was cause by sever natural conditions and there were no feasible alternative to the discharge; or
2 the discharge was exceptional, unintentional, temporary and caused by factors beyond the reasonable control of the.
Perrnittee andlcr owner. and the discharge could not have been prevented by the exercise of reasonable control.
Part 1 must be completed to provide a justification claim for either of the above situations, This information will be the basis
WHETHER OR NOT PART HI IS COMPLETED, A SIGNATURE IS RE UIRED AT THE END OF THIS FO
C5-S,S0 Form
Page,

PART
ANSWER THE FOLLOWING QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PART I OF THIS FORM AND
INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED
COMPLETE ONLY THOSE SECTONS PERTAINING TO THE CAUSE OF THE SSO AS CHECKED IN PART
(In the check boxes below, NA = Not Applicable and NE = Not Evaluated)
A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWR REGIONAL OFFICE UNLESS IS
Rc
Do you have an active root control program an the fine / area in question?
n Yes © No fl NA fl NE
Describe
The City has acoustic tested the area previously,, but did not r riortIze this area far root treatment.
Have cleaning and inspections ever been increased at this location because of roots? 0 Yes p No © NA [] NE
Explain:
The City evaluated some of our critical outfalls over the past couple of years. This section of outfali was tested using
acoustic device (SLRAT) on 3/11/15 with noproblems identified. The line was retested on 3/14/16 and a partial blockage
was found and removed. The line retested on 3/17/16 and results were acceptable. (Non spill related)
What corrective actions have been accomplished at the SSO location (and
surrounding system if associated with the SSO)?
The sewer line was rodded on 4/21/16. removing the roots. We are testing the area with acoustic device and will evaluate
using video camera.
What corrective actions are planned at the SSO location to reduce root intrusion?
Evaluate using the video camera and potentially bucket clean the line. City will list the segment as a high priority line and
will evaluate the section annually using the acoustic device and potentially camera work. Pending this additional evaluation.
the City will determine if root chemicals are needed.
Has the line been smoke tested or videoed within the past year? 0 Yes ,0 No NA 0 NE
If Yes, when?
Comments:
System Visitation
ORC
Backup
Name:
Adam Howell
Cert#
9t35S4
Q Yes
r0 Yes
CS-SSO Form
Page 2

Date visited:
4/21118
Time wis ted:
3,00 pm
How was the SSO rerrediated l` . Stopped and cleaned up)
f dded line to unstop bicdkar e of roots. then cleaned up debris ar d I�rged area: Rive
As a representative for he responsible party, 1 certify that the infarnatin contained in this
best of my knowledge.
Person submitting clap: Adam Maurice Hlbwirell
SignatureH
Telephone Nurrtber:
p
ere
ken as Belk:
is true and accurate to the
e.;
Title:
04r 31 i8 02 30 pm
Any addition information desired to be subm tted should be sent to the appropriate Division Regional 0 ice within five days of
knowledge of the SSO with reference tc the incident number
form is completed if used),
the rrcidert number is only generated when electronic entry of this
CS -SS korr Page:

WESSON RD -- OUTFA►LL
HighPri©ritySewerLines_Inspecti©n
Gravity Sewer
High Pnorrly
0
50 1 c0 "F0
1 inch 100 feet

City of Shelby
Water Resources
High Priority Sewer Lines
OWNER ID NUMBER LENGTH )
Cit
SG -1009
253.2
Cit
SG 01
64.
Cftv SGM-112
86.0
Cit
SG 86
125.2
City
SGM-1214
7.6
City
SGM42
250.
City
G -1286
247.9
City
SG 4
2.8
City SG
2
12.3
City
56M4356
4 9.9
City G 98
72.9
City
SG -1416
2 2.7
City
SG -1417
249.
City
SG 510
9.7
C y
SG
27
6.2
City
SG
-1550
2
City
G -202
26.7
Ci
SG -1565
52.1
City
SG 68
08.0
Cit
-1699
Cit
SG
-1705
96.
City
SG 764
40.
City
G -1782
49.6
City
SG 78
0.9
Ci
SGM-1808 317.2
City
City
SGM-18
SG
6
25
1.7
249.9
Ci
SG 0
154.4
City
SG -2
4
76.
City
SG 6
452.
Ci
SG 49
City
SG -2162
6.9
City
SG 67
27.7
City
G -2308
25 .5
City
SG -2 82 107.
City SGM-2383 351.7
City SGM-5646
25.7
City SGM-6242 157.6
City G -2537 42.0
City
201.
City SGM-2544 5.2
City SGM-2545
City SGM-2556
97.0
City SGM-2947
2 .1
City SGM-2949
226.
City SGM-3037
390.9
6/5/2018

City o Shelby
Water Resources
High Priority Surer Lines
OWNER D NUMBER
ENGTH
City
SGM- 0
52.1
City
SG M 30
0!
City
GM-3077
9
City
GM 3140
0.2
City
SGM327
66.4
City
G 325
07.1
City
G
29
9
City SG
4
2
City SGM-3402
49
City
SGM-6060
239.8
Ci
y
SG
6338
268.8
City
SG
49
207.9
City
SG M 354
180.6
City
SG
582
277.9
City
SG
59
4.8
City
SG M 3676
5.4
City
SG M: 3692
148.0
City SG
77
2,7
City
SG M 3782
22,
City
SGM-378
227
City.
SGM-3872
4
Cit
SG M 388
7
City SGM-3892
95.6
City SG M 3904
4.9
City
GM-3906
248.9
Cit 5GM-3924
.45.7
City
SG M 5736
96.2
City SG
4049
268.6
City
SGM-4050
231.8
City SG M 4359
236
City
G
Ci
SG
5845
6
4428
08
City SGM 4450
68.7
City SGM 490
City
City
City
City
City
City
City
City
City.
City
City
GM 6988
SGM-454
SG M 4 a44
GM-5970
SG -47
SG
47
4
SG M 48©4
SGM4812
SGM-4839
SGM-4860
SGM-4876
91.5
271.5
251.2
21i3.4
72.
2,7
210,9
00.2
24.6
2©2,7
51.4
City SGM-4885
241.3
6/5/2018

City of Shelby
Water Resources
High Priority Sewer Lines
OWN
ID NUMBER
NGT
City
SGM-4918
74.2
City SGM5033 194.7
City
SG -5067
226.
City
G 10
10 .5
City
G
2
City
SG -5179
290.
City
SGM-5190
7.2
City
SGM519
94.0
City
SG -6018
2.0
City
GMS4
95.4
City
GM-6226 118.4
City
G -5499
2.62.2
City
252.
City
SGM-5577 16 .1
City
SGMSS79 9 .4
City
SGM5589
194.2
City
SGM-559
267.7
City SG -6022
2 1.0
City
GM-5622 125.5
City SG -579
26 .0
City
City
SGM-5800
282.
GM5844 136.7
City
SGM6O70 338..
City
SGM-6065
79.7
City SGM5962
234.4
City SGM5969
92.
City SGM5971 164.6
City
SGM-6048 279.2
City G -6025 65.2
City
City
City
GM-6174 55.3
SGM-6302 279.0
SG -6337
107.5
City
SGM-6339
296.4
City
City
City
City
City
City
SGM-657
SGM-1356
SGM-6568
SGM-6651
SGM-6679
26 ..2
7.0
24.1
138.7
9 .2
SGM-6833 0
Ci
G -6 74
20.
City
City
City
GM-6906
SGM-6915
SGM-6934
212.3
71.5
38.6
6/5/2018

City of Shelby
Water Resources
High Priority Seeger Lines
OWNER ID NUMBER LENGTH (ft)
City SGM-6988 115.6
City SGM-7013 210.6
City SGM-7058 159.2
City SGM-3387 243.6
City SGM-7078 192.1
City SGM-7103 141.1
City SGM-7113 198.4
City SGM-7117 206.1
City SGM-7118 175.4
City SGM-7121 89.1
City SGM-7124 156.6
City SGM-7131 111.6
City SGM-7177 250.8
City SGM-3089 240.1
City SGM-2379 217.9
City SGM-2380 211.8
c
2414
086 2
SGM d7 '
City SGM-3088 139.4
City SGM-3090 161.8
6/5/2018

Shel
No.,,„ COMA. my
v
Spill Date: ti Location of Spill: e
Spill Volume: 5 0
T4 Manhole: 0 &70 9
LFarce main:
16JQcj 44t 60032 $1) I
VVUUbUilLbt fraiiston
NPDES # 0024538 'MNTP
WQCSD0258 Kingstown [12,
n Report
Volume Reaching Surface Water
LJ Segment of line:
[I] Gravity:
Weather Conditions:
Spill Calculation:
'1 x
5 f
Spill Discovered By: C_ -Jr?, 6,r 4.5 e
Affected Tributary: cep,. v e
Cause of Spill: 0 +5
Did spill result in a fish kill? 0 ves No If yes, estimated number killed?
Corrective Action: a
+4.3 1,7455 0
C!ciecI UF debe- t' av'cL L.rede et,
Were repairs made Ei temporary permanent
What actions have been taken to prevent this discharge from occuring in the future?
42 a.r cklr 03 c 14.4 1 I s n4.1 +Ai; ) h do r'init Tie 4 I -Cep I Mgr* ,61
If the spill occurred at a pump station or was the result of a pump station fairure, was Me
alarm system functional at the time of the spill? Ell Yes n No If no, why?
Recurring Spill? El
Follow-up comments:
0 i) Ica c_
Response Time:
Time Date
1030140—N /-1,--21-
11'.00,
)51. '15 fo,‘ t2Ii
ocet.t t11i
Crew on Scenla
Name
Radio No
Pretreatment/FOG notified? E Y
First Notice
On Scene
Spill Started
Corrected
ORC Inspection
e-hr
7 6 7
State Notification:
Time Date
6:cts-1
lf
Contact:
r r" r
ORC Inspector:
JC(vv
ekt 6e4ver-
70
in, 171Pre z-e
7 1
ATTACH ACTIVITY REPORT(S) TO SPILL tNVEST1GATtON REPORT
Form: UTIL-2001 0.01A
Revision Date:
Revision No
Corresponding Procedure: UTIL-2000.001

s
FOR I MEDIATE RELEASE:
Notification of Dischargeof Untreated Wast . ate
General statute 143-215.1C requires that the owner or operator of and wastewater
collection or treatment works to issue a press release when are untreated wastewater
discharge of 1,000 gallons or more reaches surface waters.
Inaccordance with that regulation, the following s release has been prepared and
issued to media in the affected cunt ti s): Cleveland
SHELBY, NC4 the City of Shelby had a discharge of untreated wastewater on April 21,
2018 of an estimated 52,500 gations at 1700 Wesson Road; of which. aii estimated 39,375
gallons was discharged into the First Broad River r n the Broad River Basin.
The Division of Water r Resources as notified of the event on April 21, 2018 and i
reviewing the matter. r. For more information, contact David d Flux, rater Resources Director
at 704 - -6840,
Form 4.PriL- 091, iF'
Effective Bate: 08/07 f 2i109
Revision Date: 18 ii1
Revision Noe. it

ATTN: LEGAL CLASSIFIED ADVERTISE
TICE F SC A
GE F T ATE SE
The City of Shelby had a discharge of urafrerated wastewater from ou r(inaction system
located at 1700 Wesson Road ad of approxirnately 52,500gallons. The discharge occurred on
April 21, 20147 for approximately one hour arid forty-five urinates, aates, Approximately irarately 39,375
gallants of untreated wastewater entered into the First Broad Finer in the Broad River
Basin. The lime was cleared of roots and the discharge strapped. This notice e was required by
North rth arralira General Statutes Article 21, Chapter 143.215C. For more information,
,
contact t David .tr F Water Resources ce Director or at ' i} _ -6 0.
ctive Date: 0/07/ 0
Revision Date: / r1201

Keywords
ords
Notes
Zones
NOTICE
DISCHARGE
UNTREATED
SEWAGE
Page 1 of 1 412612418 12:07 30 Ad Number 54724549
Ad Key
Order Number 54592943 Salesperson 68 - Bernadette Ebert
PO Number Karen Publication The Shelby Star
Customer 5004 Sty of Shelby -STAR ACCOUNT Section Clasdfled Section
Contact Accounts Payables Sub Section Classified Section
Addresel Pa. Sox 207 Category Legals 0fit*
Address2 Dates Pun 04f27201 w0i4/27122
City St Dip She)by ND 28151 Days t 1
Phone {7 4) 4 6866 Size 1 x 84. 37 Imes
Fax 7 ? 4 4-6 04 Words 102
Credit Card w Ad Rate Legal Shelby
Printed By Bernadette Eberli Ad Price 88.24
Entered :y Bernadette Eberli Amount Paid 000
Amount t Due 88,24
NOTICE OF DISCHARGE OF UNTREATED SEWAGE The Crt
The City of 5heiby had a
discharge of urrtaat1
wastewater it 5 our auk
lectien system located at
1705 Wesson Read ci ap-
proximateiy 52 500 P-
ains, The discharge oc-
curred on April 21, 2017 for
approximately one hour
and f€artyf ve minutes. Ap-
proxxarrately 39,375 gallons
of untreated wastewater
entered into the First Broad
River in the Broad River
The line was
roots and the
discharge stopped. This
was required by
N Carotins Generat
es Article 21, Chop-
3.215 . For more in -
contact David
Ftux, 'tinter Resources Di-
rector at 7 -.184-6840.
Tex
0 ttc.
554

CERTIFIED MAIL: 7016 1370 0000 2595 6767
RETURN RECEIPT REQUESTED
May 21, 2018
Rick Howell, City Manager
City of Shelby
PO Box 207
Shelby, NC 28151-0207
SUBJE : NOTICE OF VIOLATION & INTENT TO ISSUE CPIPENALTY
Tracking No.: NOV-2018-DV-0149
Sanitary Sewer Overflows - April 2018
Collection System Permit No. WQCS00037
Shelby Collection System
Cleveland County
Dear Mr. Howell:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reportjs submitted by
City of Shelby. The Division's Mooresville Regional Office concludes that the City of Shelby violated Permit
Condition I (2) of Permit No. WQCS00037 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 Mooresville Regional Office is providing the City of Shelby an opportunity to provide evidence and justification
as to why the City of Shelby 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
201800588 1/21/2018 105 1700 Wesson Rd Roots 52,500 39,375 Notice of Intent
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.
Stare of North Carolina 1 Environmental Quality Water Resources
610 East Center Avenue, Suite :SOL Moniesville„ NC 28115
704-663-1.699

This office requests that you respond to this Notice, in writing, within 10 businessdays f 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 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 Login Snider with the Water Quality Section in the
Mooresville Regional Office at 704-663-1699 or via email at lon.snider©ncdenr,gov,
Sincerely,
DoeuSignedby:
Al4CC681AF27425._
W, Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
c. Mooresville Regional Office _ WQS File
Central Files, Water Quality Section
S.
704 6 1;

41.K.MVILL
A ft" p -74
Violator:
Case #:
Water
Cirr 47-X.
NCDEQ - Division of Water Resources
Quality Regional Office Operations Section - Mooresville
Sanitary Sewer Overflow Penalty Matrix
Assessor:
SSO Date:
Incident #:
Date:
2 / p ,z4 4.-
ASSESSMENT FACTORS OES. 143B-282.1(b)
1. Harm:
2. Duration and Gravity of the Violation
3. Effect on Water Quantity or Quality:
4. Cost of Rectifying Damage:
5. Amount saved by Noncompliance:
6. Violation was committed willfully or
intentionally:
7 Prior record of failing to comply with
Sanitary Sewer Overflows:
. Enforcement Costs:
PENALTY AMOUNT:
2.-cv er3e73 .3
.50 ( 37 , 37 5 --A
a C. A • •
oda.% 0-41-
L411 k-ri-t
44;