WQCS00037_Enforcement_20190228

ROY COOPER
Governor
MICHAEL ,S. REGAN
S crytur'y:
LINDA CULPEPPER
3ramrnd Erwf unrnental quality
Certified Mail # 7017 2620 0000 678 47f2
Return Receipt Requested
Rick Howell, City' i lanage
City of Shelby
PO Box 207
Shelby°, NC 28151-0207
NORTH CAROLINA
February.
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143.215.i(a)(6:
and Collection System Permit No. WQCSO0037.
City of Shelby
Shelby Collection System
Case No, DV-2C119-0050
Cleveland County
Dear Mr. Howell:
This letter transmits a Notice of Violation and assessment of
$128.35 enforcement costs) against City of Shelby.
penalty in t
amount of $628.35 ($500.0(1 civil penalty +
This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Cvertlaw (SSO)
5-Day Report submitted by City of Shelby. This review has shown the subject 'facility to be in violation rafthe requirements
found in Collection System Permit No. 'WQCS00037 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 Shelby violated the terms, conditions or requirements
of Collection System Permit No, WQCS00037 and G.S. 143-215.1(a)(i) 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),
v t 223To ca 2,epsstrnervt f s n.o r nr eta t; I e s•csn of 16%:` Res..4r:.e>
°`74Fe54' Ris tia;,,tf: I 510 Eaa Ceat Ave.nge. S to 3421 I Nco-tr: C-;tD ,^a 25115

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:
1_5()0.9Q For of the 2 violations of Collection System Permit No. WQCS00037 and (i.S. 143-215,1(a)(1) for
Sanitary Sewer Overflow resulting in a discharge without a valid permit.
$500,90 TOTAL CIVIL PENALTY
S12835 Enforcement Costs
S628.35 TOTAL AMOUNT DUE
Pursuant to C1S.14.3-215.6A(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. 14313-282,1 (b), which are:
(1) The degree and extent of harm to the natural rcsources of the State, to the puhlic 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 q 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 receiptof this notice, you must do one of the following:
(I) Submit payment of the penalty:, OR
(2) Submit a W r itt e n request for remission, OR
(3) Submita 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
OraO, Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submitpayment to the attention of:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-16
2

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 rn
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 he 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:
( ) whether one or more of the civil penalty assessment factors in NCO'S 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. 'fhe response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Com.mission'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 remissiott„you must complete and submit the enclosed "Rawest for Remission of Civil Penalties,
Waiver of Right to an Administrative, Rearing, and Stipulation of Fa.cts" form. within thirty (30) days of receiptof 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:
Attn: PERCS Branch
Division of 'Water Resources
161.7 Mail Service Center
Raleigh, North Carolina 27699-1617
AND
W. Corey Ba.singer, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
610 East Center Avenue, Suite 301
Suite 301, Mooresville, NC 28115

Option 3: File a petition for an adntinistrative hearinghearingwith the Office of Administrative HearinEs:
If you wish to contest any statement in the attached assessment document you must the 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 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 Hearing's within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions reRarding the filingfee andlor the details of the
fihing .pilocess.
The mailing address and te1ephone and fax numbers firthe of Administrative Hearings are as
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,
lf you have any questions, please contact Corey Basinger with the Division of Water Resources staff of the Mooresville
gional Office at 704-235-2194 or via email at corey.basingerAncdenr,gov.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENT'S
Cc: WQS Mooresville Regional Office :Enforcement File
PERCS CompliancelEnforcement Unit - Enforcement File

Case Number: DV-2019-0050
Assessed Party: City of Shelby
Permit No.: WQCS00037
JUST FICA TON FOR REMISSION REQUEST
County: Cleveland
Amount Assessed: 62835
Please use this form when requesting mission 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 IS'C,aS, § 143B-282.l(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 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 fromthe violatio .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 preparefor);
(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 (1,e,, explain
how payment of the civil penal.4, will prevent you i-om perfirming the activities' necessary to achieve
compliance),
EXPLANATION:

STATE OF NORTH (. AROLINA
COUNTY Y OF CLEVELAND
IN THE =IATT..EROI ASSESSMENT
NT
OF ('I'II_, PENALTIES AGAINST
City of Shelby-
Shelby Collection System
PERMIT NO. WQCSOOO
DEPARTMENT OF INVIRONI1FNTAI QUA I ITS'
AI R OF RIGHT TOO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CAE NO. DV-2019-0050
g been assessed civil'penalties totaling $628,35 for violatiott(s) as set forth in the assessment document of the Division
ater Resources dated February 28, 2019, the undersigned. desiring to seek remission of the civil penalty, does hereby
ve the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessrnetat document, [he 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 (0) days of receipt of the notice
of assessment, No new evidence in support of a remission request will be allowed after (0) days from the receipt of the
trotice of assessment,
This the
day` of tf_..
ADDRESS
SIGN A 1'LIRE:
1 LL1 PF1CNE

PERMIT NO: WQCS00037
FACILITY: Shelby Collection System
Other Violations
INCIDENT VIOLATION
ATTACHMENT A
City of Shelby
CASE NUMBER: DV- 019-00 0
NUMBER DATE VIOLATION TYPE
VIOLATION DESCRIPTioN
201803810 12/ ,' 018 SO/SSO(Sewer Overllowvj Discharge without valid permit
201803811 1 /3E/2018 CSC /SSO(Sewer Overflow)
REGION: Mooresville
COUNTY: Cleveland
TOTAL VOLUME
(GALLONS)
Discharge with ut valid permit
-------^^m-p--
PENALTY
AMOUNT
48,000 $500.00
4,1 50 $0 00

SSO EvaluationRouting Slip
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2/22/2019, 9:55 AM
Copy of Collection system forms, SSO Evaluation Routing Slip

ROY COOPER
Goverrk r
MICHAEL S. REGAN
Sec r 'rQr;y
LINDA CULPEPPER
nrrec tot
NORTH CAROLINA
Environmental Quality
CERTIFIED MAIL: 7016 1370 0000 2591 1629
RETURN RECEIPT REQUESTED
February 01, 2019
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-2019-DV-0085
Sanitary Sewer Overflows - December 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 Reports 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
201803680 12/17/2018 39 1121 S. Morgan St. Grease
195 100 No Action
201803714 12/20/2018 27 1302 Kings Rod Debris in line 135 135 No Action
201803810 12/29/2018 120 1050 Sam Lattimore Rd, Pipe Failure (Break) 48,000 48,000 Notice of Violation
w/ Intent to Enforce
No C ara Department of Ea^v,ronrr;erstaf Quo, rty l D,u'� r, of Water. Fesarrr'ce$
hrooresv. Reg Ra: Dff e p 610 Eis Center Avenwe.Siite'3D1 l Nfooresv« .tiortt! Caro na 2311$
704-E 3-1E93

Incident Start Duration
Number Date (Mins) Location
Cause
201803811 12/30/2018 103 2309 Sheriff Allen Rd, Other
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
4,150 500 Notice of Violation
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 (S25,000.00) 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 GS. 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 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 W. Corey Basinger with the Water Quality Section
in the Mooresville Regional Office at 704-663-1699 or via email at [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
3 Depart me Rt of EnV:1 'QuiV,Ty D,VS'Or, of Wster R.i.sou roes
Mooresv?R el,orfr Off oe SID E3 C.e.meT Ave ,Sule 30.1 oo esvve , North Co ZE11,5
'77.4-E,E3-.1612:

CERTIFIED MAIL: 7016 1370 0000 2591 1629
RETURN RECEIPT REQUESTED
February 01, 2019
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-2019-DV-0085
Sanitary Sewer Overflows - December 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/s 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
201803680 12/17/2018 39 1121 S. Morgan St, Grease 195 100 No Action
201803714 12./20/2018 27 1302 Kings Rod Debris in line 135 135 No Action
2.01803810 12/29/2018 120 1050 Sam Lattimore Rd, Pipe Failure (Break) 48,000 48,000 Notice of Violation
vo/ Intent to Enforce

Incident Start Duration
Number Date (Mins) Location
Cause
201803811 12/30/2018 103 2304 Sheriff Allen Rd. Other
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
4,150 500 Notice of Violation
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
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 W. Corey Basinger with the Water Quality Section
in the Mooresville Regional Office at 704-663-1699 or via email at corey.basinger©ncdenr.gov.
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

Po,,,,Office Box 207 Sh6by, NC28\Sl-O207
Mr. Corey Basinger, Regional Supervisor
Division of Water Resources, Mooresville Regional Office
618East Center Avenue, Suite 301
Mooresville, N[2R115
Re: Notice mfViolation
TracKYng#NOV-2019-0V-0085
Collection System Permit #NVQfS00037
City of Shelby, Cleveland County
Dear Mr. Basinger:
The City of Shelby received the above referenced Notice of' Violation regarding the sanitary sewer
overflows that occurred on Decennber29" and 30mat 1050 Sam Lattimore Road and a spill at 2304
She,riff Allen Road on the westside sewer fprcenmain. The VVestside system primarily serves two
schools, a neighborhood of78 homes, snna|| industrial park with low volume newer dischargers and a
large industry that provides 5OO,O08ga|s/day. Both spills were discovered bythe customers/public and
who then reported them tothe City.
The spill at I0505arm Lattimore Road on December Z9mwas reported to the City at 3d00pnz Sewer
crews responded and were an the scene by 3:45pm and had the spill corrected by 5:00pm. The City was
able to cut the westside liftstation off and hold sewer in the gravity lines (15 inch and 24 inch) while the
valves onthe parallel 1O/lZinch fnroannainwere opened. There was available capacity inaI4inch line
gravity One at the Uftstabon that was being installed for another industry that is slated to begin
operations inMarch.
The vveatskJe |Uftutation has two parallel sections of fooenna|n from the [rest LifLutatiom to the First
Rn)adVVVVTP. The original line installed was a 10 & 12 inch [908 PVC line that was installed around
1999. In 2009, a new 16 inch ductile line was insta||ed from the CrestLiftxtatimn tothe Sam Lattimore
area where it tied back into the lZ inch C900 line. In 2018the City installed another parallel section
from College (beyond spill location) and required the installation of9retectm4O1 coated ductile iron
Around the Sam Lattimore area is the highest point along the route to the VVWTP and at this point a
portion of the lines are drained through gravity action to the VVN/TP even though the lines are
considered forcernaino. When this happens, a large section ofthe unprotected 0Pfurcernain is being
exposed to corrosive hydrogen sulfide gas that is essentially trapped. Looking through the
specifications, the engineer specified higher pressure ductile iron pipe for the line from lift station to just
beyond 1050 Sam Lattimore Road at the College Rood intersection; however they did not require n

protective coating product such as ProtmCto401. The last 1,300fnet before you get to College is the
area that is subjected to the corrosive conditions because nfdrainage. See the attached map, from
College Avenue to the treatment plant is constructed with coated and pvc lines.
The wall thickness of the line has been severely degraded by the hydrogen sulfide. Contract crews
replaced asection ofline roughly J8feet inlength. Since this break, the City has utilized anengineer to
review the design and help determine scope for replacement of the forcennain. It was critical to
determine how much ofthe line would need tm6ereplaced. Our engineer provided arecommendation
of1,3DOfeet ofreplacement ofeither [9D0urepoxy coated ductile pipe. Bids were received onJanuary
24, 2019 and construction is set to begin in the coming weeks with a contract completion time of March
15,2019.
The spill at 2034 Sam Lattimore Fond on December 30"' was reported to the City at 10:27am on
Dnocmber30, 2018. Sewer crews responded and were onthe scene by 11:15pnmand had the spill
corrected by 12:10pnm. This spill was on the 10° forcernainthat was put into service during the break of
the 16" fnrcermainthe previous night. With lower flows the City has been able to utilize only the 16"
forcemain. An air release valve isolation valve broke and was replaced bxCity crews. City replaced the
valve with a stainless steel isolation valve. The ARV was a newer unit. With the upcoming forcenna|n
replacement, the City will also replace isolation valves on all remaining air release valves including the
isolation valves.
Preventative Maintenance activities are performed bythe City of Shelby. In review ofour records, the
following information is provided:
Maintenance histmry— Line was installed in 2009. Air release valves are checked every 6
months. The air release valve had been replaced but the isolation valve had not. City replaced
the isolation valve s1the time mfthe spill.
No other breaks have occurred on the forcemains.
Your letter lists, ten areas of review in consideration for determining civil penalty amounts for a sanitary
sewer overflows. We have included the following brief responses for each item.,
wVolume —1050Sam Lattimore 48,0008pNona; 2034 Sam Lattimore -4,1SOgallons
°Volume reaching surface waters —105QSam Lattimore '48,O00gallons; 2034 Sam Lattimore
5UUBaUons
Duration and gravity —
IQ5QSam Lattimore —lhours
Because ufthis area flowing bygravity tothe VVWTPonly asmall portion ofthe pumped flow
was spilling
° Impacts topublic health There we,re no identified impacts to public health.
v Fish kills ' No fish kills were observed following this overflow.
° Hm«maatimmaU aneaw|osures- No recreational areas were closed due tnthis overflow.
w ww-���'SkQ,

°History of spills-
1050 Sam Lattimore One additional spill occurred on October 11, 3018. City began
evaluating the situation immediately with an engineer.
2034 Sam Lattimore — This was the first spill at this location.
=Cost ofrectifying damage —
Nn environmental damage was identified requiring nemed|ation. City staff utilized a
contractor assist with the repairs to the 6orcenmain and utilized City staff for cleanup and
lime application,
°Intentional spill —
These overflows were not intentional and were o result of noatcha| specification and
corrosion. City will place line with corrosion resistant line.
Isolation valve was replaced with stainless steel valve and the other isolation valves will be
upgraded aswell.
Money saved bw —
No money was saved by this non-compliance. This line was installed in 2019 and the City
did not have any indication of corrosion in the line. The City will replace the upper section
nfthe line from the high point tothe transition tmepoxy coated pipe. Afercemaincrossover
will also beincluded for a total price ofaround $19C\0OO. Work is scheduled tobegin when
materials arrive.
We recognize the requirements ofour wastewater collection system permit and the importance to the
environment and public health in the preventing sanitary sewer overflows. The City ofShelby had no
idea this line was on the verge of failure from corrosion, particularly since this line was placed into
service in2QO9. The older forcemain was forced into service to help reduce the overflow potential with
the forcemnaio break onthe 16 inch line. The air release valve was new but the City did not knowthat
the isolation valve had corroded. The City replaced the valve and will be replacing the other isolation
valves on the 18 inch force main in the coming weeks. The City has quickly developed a replacement
plan for the plan for this section of line and the contractor has begunto orde,r materials and anticipates
completionMarch
In response to the Citv s actions to correct the problems both short and |om8 %emn and considering the
fact that these areas have not been reoccurring problems for a significant amount of time, the [bV
requests that NCDEQ withhold the issuance or a civil penalty assessment for the subject spills.
Please contact me at anytime regarding any further information or questions you might have regarding
1hinisxue' | can bereached at7O4-669-6S7Uor no.
Sincerely,
DavdHux
Water Resources Director
cc Rick Howell; City Manager
Brad Greene; Plant Operations Superintendent
Mark Swink; Field Operations Superintendent
Adam Howell; CollectionSystem Crew Supervisor
���

ROY COOPER
Governor
MICHAEL S. REGAN
Sec rp f crt' Y
LINDA CULPEPPER
Oi, atru
NORTH CAROLINA
Envlrot n►enrcl Quality
CERTIFIED MAIL: 7016 1370 0000 2591 1629
RETURN RECEIPT REQUESTED
February 01, 2019
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-2019-DV-0085
Sanitary Sewer Overflows - December 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 Perrnit 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 SSD 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
201803680 12/17/2018
201803714 12/20/2018
201803810 12/29/2018
39 1121 S. Morgan St. Grease
27 1302 Kings Rod
Debris in line
120 1050 Sam L ttimore Rd. Pipe Failure (Break)
195 100 No Action
135
48,000
135 No Action
48,000 Notice of Violation
w/ Intent to Enforce
rb'Srt C:»w k 4'arpan * Ene +mweltt*, Qiarbw Cisu an of Wut R sovrces
704=&63 695'
Av€ 4 re Tot 301 1 gees ° _ NQn C4I0 r >rr6 20i=k;4

Incident Start Duration
Number Date (Mins) Location
Cause
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
201803811 12/30/2018 103 2304 Sheriff Allen Rd, Other 40150 500 Notice of Violation
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
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 W. Corey Basinger with the Water Quality Section
in the Mooresville Regional Office at 704-663-1699 or via email at [e-mail].
Sincerely,
DocuSigned by:
A 4CC 1AF27425,.,
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
North Ca* c0 " A tiDp trr*i of Eir,oiTcdelvre.0111' Qu4,1,!!! t',Vert OnNtAlitt POSOOroet
h40.ve!Fiv,!.E. R Ott 110 Ea Ctmlof Av*rt4e!,,S4tI* 301 ! Narth CoirO! rve 28115
'7()4-6,63-169,

RECORD DRAWING
Thin GYewWny Ilse bee. mactifiedI mVrtq
cedar oan Maas dalhy nelaauawm NOW
uswn +nhrmotl n Wovideb by the
Contrractor-ams umeIn.obo + otAcrrvali(Hl{
made by trace (i wars Aut ncsiue ,

PRODK.Iw,
s'"" —
XNP �'KJiC
3' woe—
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EXiS RE FORCE RAN
RV. M1aA SLEEVE
RECORD DRAWING
Thy orer nudrr11p w R:nnn
c mngaa MOOR during tICI J a aaehod
°von umlixme6u i vrovidad try Dv
Contractor and cantuctxr obaerveUona
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SHEET

updated Feb 2018
Collection System SSO 24-Hour Notification
Collection System: Number and Name tA/QCS# 7 dO
Incident Number from BIMS 2018
001100*0000000000000000******01111000000001110000 0 0 000********01010000011100.00000011000000***00.0000000
Spill Date / Z-Z Time
Reported Date (2 349-7 3
Reported To SIA/P Staff o EC\ aff
Time
am/
Pm
Reported By Phone
Address of Spill
County
Cause of Spill
Total Estimated Gallons
Stream
Fish Kill: Yes
Est al to Stream
u
ber Species
Non -Required Information and other comments relating to SSO incident:
Response time minutes Zone Map Quad
1) MRO-PWS: Clint Cook or Mark Hahn,
PWS Em Cell Phone [phone] - a,— contact date/time
2) DHHS:
Alexander County - Keith Rowland [phone]
All other Counties - Valerie Lott [phone]
"If you are unable to reach Keith or Valerie,
call the 24/7 On Call Number: 1-888-820-0520
verbal contact date/time
Optional DHHS contact (consult with Corey/Andrew before coritac
mg):
contact date/time
contact date/time
.contact date/time
Brian Combs [phone] contact date/time

https:(/www,nrsparta.net/'
EM43 Reporting
EMI Level:
4
Taken by:
Michael Bennett
Reported by:
Adam Rowell
County:
Cleveland
Street Address:
li) 0 Sam Lattimore Road
Type: Wastewater
Animal Disease Event Type:
Complaint Event Type:
FNF Event Type:
HazMat Event Type:
Homeland Security Event:
Other Event Type:
Transportation Event Type:
Weather Event Type:
State Resource Request
NCEM Edited:.
Yes
Date/Time Reported:
12130i2018 03:42:31
Agency:
City of Shelby
City:
Shelby
EVENT TYPE
Bomb Threat Event Type:
Fire Event Type:
FNF Class:
HazMat Class:
Non-FNF Event:
SAR Type:
Wastewater Event. Type:
Sewage
Weather Event Name:
Include in Report:
Yes
Date/Time Occurred:
12/29/2018 1 :00:31
Phone:
704-484-6840
Area:
13
Zip Code:
2815'2
HazMat Mode:
Non-FNF Event Type:
WMD Event Type:
Event Description:
Local utility reported 48,000 gallons r f sewage released from a force
River due to pipe failure. The river is not a drinking water source, no fish kill was noted, and
cleanup operations were conducted, NC' Division of Water Quality was notified for follow-up
actions. Ended at 1700 hours,
Deaths:
Responsible Party:
Injuries:
0
Evacuation:
0
Responsible Party Phone:
the French Broad
Radius:
0
3 OL1 1213I/201.8, 9:1 I AM

State of North Carolina
Department of Environment and Natural Resources
Division, of Water Resources
Collection System Sanitary Sewer Overflow R.eporting Form
Form CS-SSO
PART I:
This form shall be submitted to the appropriate DWQ Regional Office within five days of the first knowledge of the sanitary sewer
overflow (SSO)
Permit Number: WQCS00037 (WQCS# if active, otherwise use WQCSD#)
Facility: Shelby ollection System
Owner: City of Shelby
Incident #: 201803810
City: Shelby
Source of SSO (check applicable):
County: Cleveland Region: Mooresville
E Sanitary Sewer 0 Pump Station / Lift Station
SPECIFIC location of the SSO (be consistent in description from past reports or documentation - e. Pump Station 6,
Manhole at Westall & Bragg Street, etc). 1050 Sam Lattimore Rd.
Manhole #:
Latitude (Decimal Degrees): Longitude (Decirnal Degrees):
Incident Started DI: 12/29/20'18 Time: 3.00 pm Incident End Dt: 12/29/2018 Time: 05:00 pm
(mm-dd-yyyy) (hh:mm AM/P
Estimated Volume of the SSO 48,000
Describe how the volume was determined:
(mm-dd-yyyy)
gallons Estimated Duration (Round to nearest hour):
120 min x 400 gpm r- 48,000 gals
Weather conditions during the SSO event: Cool and dry
Did SSO reach surface waters? Yes No 0 Unknown
E
Surface water name: First Broad River
hh:mm AM/PM)
2:0 hours
Volume reaching surface waters (gals): 48000
Did the SSO result in a fish kill? 0 Yes No
SPECIFIC cause(s) of the SSO:
pi Pipe Failure (Break)
24 hour verbal notification (name of person contacted ):
DWR El Emergency Mgmt
ED Unknown If Yes, what is the estimated number of fish killed?
Mike Bennett
Date (mm-dd-yyy): 12/30/2018 Time hh:mm AM/PM): 03'46 00 am
If an SSO is ongoing, please notify the appropriate Regional Office on a daily basis until SSO can be stopped.
Per G.& 143-2151C(b), the responsible party of a discharge of 1,000 or more of untreated wastewater to surface waters
shall issue a press release within 24-hours of first knowledge to all 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
waters, a 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, ay take enforcement action for SSOs that are required to be reported to
Division unless it is demonstrated that:
1) 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
Permittee and/or owner, and the discharge could not have been prevented by the exercise of reasonable control
Part 11 must be completed to provide a justification claim for either of the above situations, This information will be the basis
CS-SSO Form
WHETHER OR NOT PART III IS COMPLETED, A SIGNATURE IS REQUIRED AT THE END OF THIS FORM
Page:

PART II:
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 I
(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
Pipe Failure (Break),
Pipe size (inches)
16"
lAthat is the pipe material?
Ductile iron
What is the approximate age of linerpipe? (years old)
8
is this a gravity line?
Is this a 'forte main line?
Is the line a "High Priority" line?
Last inspection date and findings
If a force main then,
Was the break, on the force main veritical?
Was the break on the force main horizontal?
Was the leak at the joint due to gasket failure?
Was the leak at the joint due to split bell?
n Yes
flNA flNE
EA Yes El No fl NA El NE
El Yes t71 No fl NA fl NE
VVhen was the last inspection or test of the nearest air -release valve to determine of
operable?
10/19/2018
When was the last maintenace of the air release performed?
If gravity sewer then,
El Yes ro Ni fl NA n NE
f0 Yes El No fl NA n NE
fl Yes 0 No n NA El NE
Yes (RS No El NA n NE
Does the line receive flow from a force main immediately upstream of the failed section r(1 Yes n No NA NE
of pipe?
CS-SSO Form Page:

ra ntrnt the hydrogen sulfide production?'
he line Past inspected or videoed?
I line collapsed, what as the notion of the line up and down stream of the failure?
What type of repair was made?
Replaced d 17 feet of tine,
is the repair temporary cr perrraaner
Permanent
erraporary= when is the perrnaneni repair planned .
Have there been other ai rsf this line in the past five years?
then describe
On 10-11-18, thMs line hie w out, t(Ve reptaced 18 feet oaf' fatpe then.
System Visitation
ORS
Backup
Nan
Adam Howell
Cep
98 584
Date visited:
1 / 9/ 018,
Titrevisited:
3: 5 pm
RI Yes
No
How was the SSO rern elated (.e. Stopped and cleaned up)
Repaired pipe with replacing 17 feet of new line,
R. Yes
fl Yes
NA El NE
SSO Form
Page

As a representative for the responsible party, I certify that the information contained in this report is true and accurate to the
best of my knowledge,
Person submitting claim Adam Maurice Howell Date: 01/02/19 0900 am
Signature Title,
Telephone Number:
Any addition information desired to be submitted should be sent to the appropriate Division Regional Office within five days of first
knowledge of the SSO with reference to the incident number (the incident number is only generated when electronic entry of this
form is completed, if used)
CS-SSO Form
Page 4

Post Office Box 207 Shelby', NC 28151-0207
March 8, 2019
Mr, Corey Basinger, Regional Supervisor
Division of Water Resources, Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Re: Notice of Violation and Civil Penalty Assessment — Penalty Waiver Request
Case Number DV-2019-0550
Collection System Permit #WQCS00037
City of Shelby, Cleveland County
Dear Mr. Basinger:
Attached you will find Civil Penalty Waiver Request for Case Number DV-2019-0550. The justification for
this waiver is provided on the appropriate form. In short, the City believes we have responded
appropriately to halt the spill and have proceeded with line replacement. Construction is currently
ongoing and the City believes that the State has not given the City ample time to address the situation.
The City hereby requests waiver of the penalties and enforcement costs for this case.
Please contact me at anytime regarding any further information or questions you might have regarding
this issue. I can be reached at 704-669-6570 or thydld.ililx(d)ci,tyofsivii2y„com.
Sincerely,
David Hux
Director of Water Resources Director
cc: Rick Howell; City Manager
Certified Mail: 7018 0680 0001 0376 5125
NI/ w tys10.1

Case Number: DV-2019-
Assessed Party: City of Shelby
Permit Nov: WQCS0003 7
.J USTWICATJON FOR REMISSION REQUEST
County: Cleveland
Amount Assessed: $628,35,
Please use this form whe[i requesting remission of this civil penalty. You must also complete the "Request. For .Remission
Waiver of Right to an ..4thninistrairve Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and arc necessary for the Director to consider in
Ova tuating your request for remission, Please he aware that a request for remission is limited to consideration of the live
factors listed below as they may relate to the reasonableness of the amount of the cavil penalty assessed, Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C,G.S. § 143B-282,1(c), remission of a civil
penalty may be granted only vhen one or more of the following five factors apply. .Please cheek each factor that you
believe applies to your ease and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
X (a) one or more oldie civil penalty assessment Factors in N.C.G,S, 143B-282. (h) were wrongfully applied to the
detriment of the petitioner (the assessment factors On' listed in the civil penalty assessment document);
X (b) the violator promptly abated continuing environmental damage resulting from the violation explain the.
steps thatyou took to Correct the violation and prevent fliture oceurrence,$);
(e) the violation was inadvertent or a result of an accident (i„e., splain why the viO1OIIOn Wcrc unavoidable or
something you could not prevent or prepare fin):
(d) the violator had not been. assessed civil penalties for any previous v". a is;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actionsO. explain
how payment' of the civil penalty will preventyou Ji ;nn performing the activities necessary to achieve
compliance),
EXPLANATION.,
As outlined in the City's response documentation the City of Shelby was responsive and completed the repairs of this. line in a timely fashion
to mitigate the spill,
Meanwhile at the time of this spit the City had already initiated the assistance of McGill Engineer's to evaluate the fine for possible upgrades,
The Engineer and the City had reviewed as -built drawings, technical specifications and involved an air release valve vendor to run a model of
the line to determine if air release valves were properly sized
This comprehensive review determined that the section of line. that was only installed in 2009, was ductile pipe and was trapped corrosive air
because this area is the highest elevation and fats from this point downward to the WWTP. Our engineer recommended change -out of 1300
feet of line from ductile iron to either DIP with epoxy coating or C900 and began developing a project scope and specifications. The City then
began working with McGill to develop a project scope and specifications. As noted in the documents the project was sent to contractors, bids
were opened on January 29. 2019 and the project is currently under construction,
The City contends that the City was not negligent in our responsibilities as an ownerfoperator and believes that the States fine is not justified
based upon the City's response to temporarily repair the line and the City's efforts to ensure that the forcemain was properly repaired. The
City also does not believe that the State has given consideration of the City's efforts to comply with State Bid laws and time needed for the
procurement of construction materials, The City requests the remission of this Co/0 Penalty.

•• TATE OF.NOR:1711 CAROIANA DEPARTMEN7C OF ENVIRONMENTALiQUALliry
COUNTY OF CliliVELAND
'fliE...MATTER.OF ;ibSSESSMENT
••• 'OF PENA1TIES7...A.G.AINS1 ••
City of Shelby
Shelby Collection System
.kQCSOQ077:
WAIVER OE RIGHT TO AN
ADMINISTRATIVE HEARING AND
Tit IATRIN OF FACTS
CASE NO, DV-2019-0050
HaNing been assessed civil penalties totaling $(128,35 for olation(s) as set forth in the assessntent docunment of the
of Water Resources dated February 2,5, 2010, the undersigned, desiring to seek remission of the ivil permity, does hereby
waive the right to hit administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. fhe Limlersigtled ihrther understands that all evidence presented in support. remission of this civil
penaltt must be submitted to the 1)irector of the Division of Water Resources Within thirty (10) days of receipt of the notice
of assessment. No nem. evidence in support of a reMission request1 1 be allowed raver (3)) days from the receipt of the
notice (A.- assessment.
I ills the
day of
ADPRESS
.71TEICEPHONE.
SIGNAlli RE

201803811
PERMIT NO: S0 0:
FACILITY: Shelby Collecbon Syst
Oth Violations
ATTACHMENT A
City of,Shelby
CAE NUMBER: V 0 -0
INCIDENT VIOLATION
NUMBER DATE VIOLATION TYPE
201803810 112 1 01 O/ O(Bawer Overflow)
t 1 01 11 CSO/SSO(Sewer Overflow)
VIO TION DESCRIPTION
Discharge without valid rrr1it
Discharge without valid permit
REGION: oresville
COUNTY: Cleveland
TOTAL VOLUME
(GALLONS)
4
tO
PENALTY
AMOUNT
$1100

[lost Office Box 207, Shelbv, NC 281514207
Mr. Corey Basinger, Regional Supervisor
Division of Water Resources, Mooresville Regional Office
61OEast Center Avenue, Suite 3O1
Mooresville, M[ 38115
� Re: Notice of Violation
� Tracking #NOV-2010-DV-W85
Collection System Permit AWQCS0003'7
City of Shelby, Cleveland County
Dear Mr. Basinger:
The City of Shelby received the above referenced Notice ofViolation regarding the sanitary sewer
overflows that occurred on DeoernberZq* and 30"'at 1050 Sam Lattimore Road and a spill at2]04
Sherriff Allen Road on the vvestdde sewer foncarna|n. The VVestside system primarily serves two
schools, a neighborhood of7O homes, small industrial park with low volume sewer dischargers and a
large industry that provides 500,000Aa|s/day. Both spills were discovered by the cus1nmers/pub[ic and
who then reported them tothe City.
The spill at 1050Sann Lattimore Road on QecenmberZ9m was reported to the City at 3]}0pm. Sewer
crews responded and were on the scene by 3:45pm and had the spill corrected by 5:00pm. The City was
able to cut the westside liftstation off and hold sewer in the gravity lines (15 inch and 24 inch) while the
valves onthe parallel 18/12 inch forc*nnainwe,e opened,, There was available capacity inaJ4inch line
gravity line at the |iftstation that was being installed for another industry that is dated to begin
operations |mMarch,
The vves1side Uftmtation has two parallel sections of forcernain from the [nest Uftstation to the First
Broad VVVVTP. The original line installed was a 10 & 22 inchC98O PVC line that was installed around
1999. In 2009 a new 16 inch ductile line was installed from the Crest Lift'stationto the Sam Lattimore
area vvhemr it tied back into the 12 inch [900 line. yn 2018 the City installed another parallel section
from College (beyond spill location) and required the installation ofPro1ec±o4O1 coated dortNo iron
Around the Sam Lattimore area is the highest point along the route to thcVVWTP and at this point
portion of the lines are drained through gravity action to the VVWTP even though the lines are
considered fnrcernu|ns. When this happens, n large section of the unprotected D|Pforcemain is being
exposed to corrosive hydrogen sulfide gas that is essentially trapped. Looking through the
specifications, the engineer specified higher pressure ductile iron pipe for the line from lift station $ojust
beyond 1850Sam Lattimore Road atthe, College Road intersection; however they did not require a

protective coating product such as Proterto 402. The last 1,300 feet before you get to College is the
area that is subjected to the corrosive conditions because of drainage. See the attached map, from
College Avenue to the treatment plant is constructed with coated and pvc lines.
The wall thickness of the line has been severely degraded by the hydrogen sulfide. Contract crews
replaced asection ofline roughly I0feet inlength, Since this break, the City has utilized anengineer to
review the design and help determine a scope for replacement of the forcemain. It was critical to
determine how much Vfthe line would need tnbereplaced, Our engineer provided arecommendation
ofl,38Qfeet ofreplacement ofeither C90Onrepoxy coated ductile pipe, Bids were received anJanuary
24, 2019 and construction is set to begin in the coming weeks with a contract completion time of March
15,2019.
The spill at 2034 Sam Lattimore Road on December 38m was reported to the City at 10:27arn on
Decembar30, 2018- Sewer crews responded and were onthe scene by 11:15Am and had the spill
corrected by 12:10pm. This spill was on the lO" forcemnain that was put into service during the break of
the I6^ foroernainthe previous night. With lower flows the City has been able to utilize only the 16"
fooemain. An air release valve isolation valve broke and was replaced by City crews. City replaced the
valve with a stainless steel isolation valve. The ARV was a newer unit. With the upcoming fo,cemain
replacement, the City will also replace isolation valves on all remaining a|/ release valves including the
isolation valves.
Preventative Maintenance activities are performed by the [by of Shelby. in review of our records the
following information is provided:
Maintenancehistory—Line was installed imZ[09. Air release valves are checked every
months, The air release valve had been replaced but the isolation valve had not. City replaced
the isolation valve atthe time ofthe spill.
No other breaks have occurred on the forcemains,
Your letter lists ten areas ofreview inconsideration for determining civil penalty amounts fora sanitary
sewer overflows. We have included the following brief responses for each item:
wVolume —1D5QSam Lattimore 48'0008a||ons�3034 Sam Lattimore -4'16Ugallons
�Volume reaching surface waters —1O5QSam Lattimore -48'O02gallons; 2034 Sam Lattimore
-500gallons
Duration and gravity —
1050Sam Lattimore —2hours
Because of this area flowing by gravity to the VVVVTP only a small portion of the pumped flow
was spilling
° Impacts tmpublic health There were noidentified impacts topublic health,
~ Fish kills -Wofish kills were observed following this overflow,
° Recreational area closures No recreational areas were dosed due to this overflow,

° History mfspills —
1050 Sam Lattimore One additional xp||| occurred on October 11, 20I8. City began
evaluating the situation immediately with anengineer,
2034Sam Lattimore —This was the first spill atthis location.
°CostofrectifyinQ«amage—
Nu environmental damage was identified requiring remediatinn. City staff utilized a
contractor assist with the repairs to the fm/cemnain and utilized City staff for cleanup and
lime application,
°Intentional spill —
These overflows were not intentional and were a result of matehal specification and
corrosion, City will place line with corrosion resistant line,
Isolation valve was replaced with stainless steel valve and the other isolation valves will be
upgraded aswell.
°Money saved bmnon-compliance —
No money was saved by this non-compliance, This line was installed in 20I9 and the City
did not have any indication of corrosion in the line. The City will replace the upper section
of the line from the high point to the transition to epoxy coated pipe. Afmrccrnaim crossover
will also be included for a total price of around $I90,800. Work is scheduled to begin when
materials arrive,
VVerecognize the requirements ofour wastewater collection system permit and the importance tothe
environment and public health in the preventing sanitary sewer overflows. The City ofShelby had no
idea this line was on the verge of failure from corrosion' particularly since this line was placed into
service in 2009. The o|derforcernmin was forced into service to help reduce the overflow potential with
the forcemain break on the 16 inch line. The air release valve was new but the City did not know that
the isolation valve had corroded. The City replaced the valve and will be replacing the other isolation
valves on the 20 inch force main in the coming weeks. The [by has quickly developed a replacement
plan for the plan for this section of line and the contractor has begun to order materials and anticipates
completion byMarch 25m.
In response to the [ity'sactions tocorrect the problems both short and long term and considering the
fact that these areas have not been reoccurring problems for a significant amount of time, the City
requests that NCDEQ withhold the issuance or a civil penalty assessment for the subject spills.
Please contact me at anytime regarding any further information or questions you might have regarding
this issue. / can bereached at7Q4-G69-G57Oor @c|t .
Sincerely,
David Hux
Water Resources Director
CC' Rick Howell; City Manager
Brad Greene; Plant Operations Superintendent
Mark Swink; Field Operations Superintendent
Adam HoweIll; Collection System Crew Supervisor
yxww��m�b�b��0

ROY COOPER
Gm rt. nor
MICHAEL S. REGAN
Sr( ?vat' r
LINDA CULPEPPER
ryfector
NORTH CAROLINA
Environmental Quality
CERTIFIED MAIL: 7016 1370 0000 2591 1629
RETURN RECEIPT REQUESTED
February 01, 2019
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-2019-DV-0085
Sanitary Sewer Overflows - DeceMber 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/s 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 and 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
201803680 12/17/2018 39 1121 S. Morgan St. Grease
195 100 No Action
201803'714 12/20/2018 27 1302 Kings Rod Debris in line 135 135 No Action
201 3810 12/29/2018 120 1050 Sam Lattimore Rd. Pipe Failure (Break) 48,000 48,000 Notice of Violation
w/ Intent to Enforce
N.,A CAT,' 611, OftlaIrNewd E'rni Qu.r*,ay Dv 141 of WEAK RtS.OvTotS
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Incident Start Duration
Number Date (Mins) Location
Cause
201803811 12/30/2018 103 2304 Shelf Alien Rd. Other
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
4,150 500 Notice of Violation
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
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 W. Corey Basinger with the Water Quality Section
in the Mooresville Regional Office at 704-663-1699 or via email at corey.basinger©ncdenr.gov.
Sincerely,
e— --OocuSigned by:
Al 4CC681AF27425
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
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704,--.1„E1,99

WESTSIDE SEWER FACILITIES _7
CONTRACT No, 2
CITY OF SHELBY
VELAN© COUNTY, NORTH CARCYLINA
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Violator:
Case #:
Water
SSO Date:
Inciden
ASSESSMENT FACTORS G.S. 143B-282.1(b)
!. 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:
8. Enforcement Costs:
PENALTY AMOUNT:
Comments:
ua
NCDEQ - Division of Water Resources
ty Regional Office Operations Section - Mooresville
Sanitary Sewer Overflow Penalty Matrix
„z.o/8 a 381
Assessor:
Date:
tA)° . L'/

Violator:
Case #:
NCDEQ - Division of Water Resources
Water Quaiity Regional Office Operations Section - Mooresville
Sanitary Sewer Overflow Penalty Matrix
Incident #:
ASSESSMENT FACTORS G.s. 143B-282.1(b)
1. Harm:
2. Duration and Gravity of the Violation
3. Effect on Wa
1
4. Cost of Rectifying Damage:
Amount saved by Noncompliance:
6. Violation was committed willfully or
intentionally:
7 Prior record of failing to comply with
Sanitary Sewer Overflows:
8. Enforcement Costs:
PENALTY AMOUNT:
Commen