WQCS00037_DV-2021-0115 Response_20210816

Shelb ,.
NORTH CAROLINA
Post Office Box 207 Shelby,NC 28151-0207 1 �
August 11, 2021
PERCS Branch
Division of Water Resources
1617 Mail Service Center RECEIVED
Raleigh, North Carolina 27699-1617
Re: Notice of Violation and Civil Penalty Assessment- Penalty Waiver AUG 16 2021
Request Case Number DV-2021-0115 NCDEQ/DWR/NPDES
Collection System Permit#WQCS00037
City of Shelby, Cleveland County
Dear PERCS Branch:
Attached you will find Civil Penalty Waiver Request for Case Number DV-2021-0115. The justification for this
waiver is provided on the appropriate form. In short, the City continues to reinvest in the sewer infrastructure
and we are actively evaluating our system for sources of inflow and infiltration. In both cases, heavy rainfall and
flooding were occurring. As shown in the support documentation, the City has made and is making system
improvements in both areas.
The City hereby requests waiver of the associated penalties and enforcement costs.
Please contact me if you need additional information or if you may have any questions. I can be reached at 704-
669-6570 or david.hux@ citvofshelby.com.
Sincerely,
(MYVIit
David W. Hux
Director of Water Resources
cc: Rick Howell;City Manager
www.cityofshelby.com

�
ROY COOPER 1 c H Y v LD
Governor
ELIZABETH S.BISER �,
Srrmary J U L 2 7
S.DANIEL SMITH NORTH CAROLINA 2021
Director Env onm nlal Quality
Certified Mail#7018 3090 0001 2319 0192
Return Receipt Requested
July 21,2021
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.) 143-215.1(a)(6)
and Collection System Permit No. WQCS00037
City of Shelby
Shelby Collection System
Case No.DV-2021-0115
Cleveland County
Dear Mr. Howell:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$2,128.16($2,000.00 civil penalty
+$128.16 enforcement costs)against City of Shelby.
This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow(SSO)
5-Day Report submitted by City of Shelby. This review has shown the subject facility to be in violation of the requirements
found in Collection System Permit No. WQCS00037 and G.S. 143-215.1(a)(l). The violation(s)that occurred are
summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that City of Shelby violated the terms,conditions or requirements
of Collection System Permit No. WQCS00037 and G.S. 143-215.1(a)(1)in the manner and extent shown in Attachment A.
In accordance with the maximums established by G.S. 143-215.6A(a)(2),a civil penalty may be assessed against any
person who violates the terms,conditions or requirements of a permit required by G.S. 143-215.1(a).
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Based upon the above i7ndias_21.far.i and conclusions of law,and in accordance with authority provided by the
Secret ,:--, ': 5. '$nmenta1 Quality and the Director of the Division of Water Resources, I,W.Corey
Bas• ' ,tit
c i rsarsville Regional Office hereby make the following civil penalty assessment against
Cite,o Shelby: -11,r
2.000.00 For 2 of the 3 viollations of Collection System Permit No.WQCS00037 and G.S. 143-215.1(a)(1)for
_;" Sanitary Se41.L
terflow(s)resulting in a discharge without a valid permit.
$2 000:00 _T I AL.CW1 L NALTY
•
$128.16 Enforcement Costs
$2,128.16 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c),in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health,or to private property
resulting from the violation;
(2) Th duration and gravity of the violation,
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority;and
(8) The cost to the State of the enforcement procedures.
Within thirty(30)days of receipt of this notice,you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission,OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality(do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2021-0115 County: Cleveland
Assessed Party: City of Shelby
Permit No.: WQCS00037 Amount Assessed: $2.128.16
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation,including copies of supporting documents,as to why the
factor applies(attach additional pages as needed).
X (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the
detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
)<4 (d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CLEVELAND
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
City of Shelby )
Shelby Collection System )
PERMIT NO.WQCS00037 ) CASE NO. DV-2021-0115
Having been assessed civil penalties totaling$2,128.16 for violation(s)as set forth in the assessment document of the
Division of Water Resources dated July 21,2021,the undersigned,desiring to seek remission of the civil penalty,does
hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days
of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30)days
from the receipt of the notice offt^,assessment.
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TELEPHONE
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ATTACHMENT A
City of Shelby
CASE NUMBER: DV-2021-0115
PERMIT NO: WQCS00037 REGION: Mooresville
FACILITY: Shelby Collection System COUNTY: Cleveland
Other Violations
INCIDENT VIOLATION TOTAL VOLUME PENALTY
NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION (GALLONS) AMOUNT
202101100 3/25/2021 CSO/SSO(Sewer Overflow) Discharge without valid permit 2,400 $750.00
202101098 3/26/2021 CSO/SSO(Sewer Overflow) Discharge without valid permit 1,400 $0.00
202101099 3/26/2021 CSO/SSO(Sewer Overflow) Discharge without valid permit 50,500 $1,250.00

She1bv.--� .
NORTH CAROLINA
Post Office Box 207•Shelby,NC 28151-0207 LAW
1.
August 11, 2021
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
Tracking#DV-2021-0115
Sanitary Sewer Overflow—1600 Linton Barnette Drive—March 2021
Collection System Permit#WQCS00037
City of Shelby, Cleveland County
Dear Mr. Basinger:
The City of Shelby received the above referenced Notice of Violation and Civil Penalty Assessment
regarding the sanitary sewer overflow that occurred on March 26, 2021 at 1600 Linton Barnette Drive.
The location was inspected/checked by City personnel during a major flooding at 9:35 am, sewer crews
responded and were on the scene by 9:35 am and the problem was corrected at 2:30 pm. This spill
resulted in an overflow of 50,500 gallons, of which 50,500 gallons reached the First Broad River.
This spill event stemmed from a torrential rainfall event that dumped 3.5" +of precipitation on portions
of Shelby, resulting in localized flooding of ditches and streams. Based on rainfall data collected the
average monthly rainfall total for the month of March is 4.7 inches. March of 2021 totals was 6.7 inches
which has been the wettest since 2011. Over the course of the last 1 % years we have seen more
flooding events than the previous 8 plus years.
Four sewer outfalls come together in this area and combine to flow to the WWTP with at least two of
these lines being susceptible to flooding with low lying manholes within the floodplain. This and past
spills in this area have all been when the creeks/streams have come out of the banks resulting in
flooding. The tributaries within this area are collection points for flood/storm waters for much of the
southwest area of Shelby.
In 2015, the City implemented improvements in the area to correct some "damming" affects from the
collection lines coming together in this area. At this same time, the City conducted improvements of the
First Broad Outfall going into the treatment plant to ensure that flow is not restricted.
Evaluations since then have included tunnel evaluations in 2013 to evaluate the condition of the City's
downstream sewer outfall tunnels to make sure that tunnels were structural sound and problems did
not exist causing flows to be restricted. Evaluations and cleanings have also been conducted since 2013
www.cityofshelby.com

of the sewer lines from this overflow location to the First Broad WWTP. In 2019,the outfall south of this
area was completely cleaned from College Avenue to the WWTP. In 2018/19 the City completed a $6.6
million upgrade to the City's Influent/Preliminary Treatment at the First Broad WWTP, which included
the increase of main lift pumping capacity from 16.0 MGD to 24.5 MGD.
Since 2009, the City has been very active in areas above this spill location to reduce inflow and
infiltration through several collection system improvement projects:
System Improvement Projects—Above and Below the Spill location
• Royster Avenue Sewer Rehabilitation 2009—1,340 ft
• Putnam/Wilmouth/Dodd 2013—1,520 ft
• Outfall Upgrades 2015-863 feet replaced. WWTP Main Outfall and Linton Barnette
• Uptown Sewer Improvements Phase I 2018—620 ft
• West Shelby Sewer Rehabilitation 2016—3,400 ft
• Arey Trade 2016—500 ft
• Sumter Street 2016—430 ft
• Trade/Dale 2016—570 ft
• Leander Street 2017—170 ft
• Campbell/Trade 2017—500 ft
• Arey and Trade Sewer Replacement 2017—504 Feet Replaced
• Dale,Trade & Morgan Replacement 2017—529 Feet Replaced
• Mark Drive 2018—585 ft
• Broad Street Sewer Repairs 2018—1,400 ft
• Numerous point repairs
Since 2009, the City has reinvested more than $3.8 million in infrastructure projects above this spill
location, this does not include the numerous point repairs completed by City staff. With these projects
gutter drains have been removed from the collection system (Uptown Area) and I&I has been reduced
from broken sewer lines and bad sewer taps. A summary of improvement projects is attached where
over 16,000 feet of sewer lines has been replaced.
Along with this rehabilitation,the City has conducted the following:
Other system projects:
• Surveying of Manhole Rims& Inverts—2021 (Ongoing)
o Comparing manhole rim elevation to flood plains in the area.
o Review of sewer line slope.
• Purchase of manhole inserts that prevent flood waters entering low lying manholes. These are
currently backordered and will be installed upon arrival.
• Acoustic Testing of Major Outfalls in this area—Recent testing 2021
• Manhole Inspections in this area—Most recent in 2021
• Sewer Line Inspections by Camera—Various areas Annually throughout the collection system
• Flow Monitoring Evaluations—2009& 2015
• Preventative Maintenance activities- Rodding and Jetting of First Broad Outfall (Various)
• External Contractor Cleaning of First Broad Outfall 2019—Highway 150 to WWTP
• Sanitary Sewer Inventory and Assessment Project (Grant) 2018-2019
o Included Cleaning and Sewer Video of critical sections in West Shelby and Uptown area
www.cityofshelby.com

Maintenance history — Outfall lines have been cleaned and evaluated via camera (video) from
the overflow point south to the First Broad WWTP. The overall condition of these outfalls is
good. City has also provided cleaning and evaluation above the overflow point. In 2019 several
critical sections above the overflow point were evaluated in the Sanitary Sewer Inventory and
Assessment Grant Project. Many of these areas will be added to the Capital Improvement
Program and prioritized.
Your letter lists ten areas of review in consideration for determining civil penalty amounts for a sanitary
sewer overflow. We have included the following brief responses for each item:
• Volume—50,500 gallons
• Volume reaching surface waters—50,500 gallons
• Duration and gravity—255 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—There have been four(4) reportable spills at this location.
February 22, 2019 February 6, 2020 November 12, 2020 March 26, 2021
• Cost of rectifying damage—
No environmental damage was identified requiring remediation. City staff performed
cleanup and lime application.
• Intentional spill—
These overflows were not intentional and were a result of heavy rainfall within a short
period of time resulting in flash flooding of roads, ditches and creeks. Over three and a half
inches of rain fell in parts of Shelby in a short amount of time with soils that were saturated.
• Money saved by non-compliance—
No money was saved by this non-compliance.
The City has significantly improved our SSO history, however our efforts have not totally corrected
issues in this area resulting from severe flooding of streets and creeks. The City of Shelby has purchased
manhole inserts for manholes in low lying areas to help combat the inflow issues in this area. Surveying
of two of the main outfalls above this area is scheduled to begin to determine rim and invert elevations
of the manholes. City will compare/evaluate these elevations and flood zone elevations. This will also
help to determine if pipe slope issues exist.
As a long-term option, the City has recently completed an evaluation of the western sections of the
sewer system within this area of Polkville/Randolph Roads. This evaluation provided service alternatives
and costs that would involve combining multiple liftstations into one new liftstation south of Randolph
Road. With these improvements flow will be diverted away from the First Broad Outfall. It is the City's
intention to add this project to the City's prioritized Capital Improvement Program; however, this is
being viewed as a longer-term project for the City due to an estimated cost of nearly$14.0 million.
www.cityofshelby.com

We recognize the requirements of our wastewater collection system permit and the importance to the
environment and public health in the prevention of sanitary sewer overflows. The City of Shelby has
experienced a downward trend of sanitary sewer overflows in our system and the City has shown a good
faith effort to make significant improvements to the City's sewer collection system and Wastewater
Treatment Plant. The City estimates that we have spent nearly $35 million in upgrades to the WWTP
and another$12-15 million in improvements to the City's collection system in the last 10 years. While
this location is important, we ask NCDEQ to consider that we are attempting to make necessary repairs
across a 200+ mile collection system The City is proud of the improvements that we continue to make
and requests that NCDEQ recognize the efforts that have been made and hereby requests the remission
of the civil penalty assessment.
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 [e-mail].
Sincerely,D'l/WVikAIC
David Hux
Director of Water Resources
cc: Rick Howell; City Manager
Adam Howell; Collection System Crew Supervisor/ORC
Brad Greene; Plant Operations Superintendent
www.cityofshelby.com

C vim- OF f� �[, y - SEWER OVERFLOWS F r 1
�, > 7 &3 � =8 , �9 ±EE_��3
2021 DATA AS OF 03 MAY
Mat&:nfl$ .Grease writittRoots IMMO Debris Failure --Total Spills
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2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2o2i

Monthly Rainfall
Monthly Total Plant Rainfall Summary Report
2010 2011 2012 2013 2014 2015 2016 2017 2018 . 2019 2020 2021 Normal r
Date
Jan 6.10 1.90 4.50 4 40 2.40 3 30 2 60 6.30 4 30 4.80 8.90 4 70 3 9
Feb 3.60 3.60 1.20 2 70 1 40 1 70 2 80 1 40 3 20 7.60 910 6.20 3.9
Mar 5.50 7 40 3.90 2.60 4.40 3.60 1 60 4 30 3 40 2 10 3.10 6.70 4 7
Apr 2.30 4 30 2.40 5 30 5.10 8.30 2 50 7.80 6 80 5.20 6.90 1,60 3 3 I
May 5 90 5.60 8.50 3.70 2 30 0.10 5 00 6 30 5 40 7.30 7.00 4.4
Jun 2.40 4.80 3.30 4 80 7 20 2.10 2.10 3 00 4 00 7.20 2.30 4 3
Jul 1 90 2 10 7 70 8.50 6.00 1 30 2 60 5 80 3 80 4.80 2.10 4.3
Aug 8 70 3.60 3.30 5.30 3.70 2.30 2 90 7 00 6 10 3.70 4 90 4.4
Sep 3.40 6.80 3.60 2.30 3 30 2 70 1 80 3 80 7 30 0.00 5.00 3.8
Oct 3 40 2 00 1.90 4.10 2.90 5.60 0 80 5.00 6 60 6 50 7 20 3.8
Nov 2 60 5 00 2.30 4.50 3 50 9.90 1.10 0.90 8 90 4 10 6.60 3.4
Dec 1 30 3,10 4 90 6.80 3 40 9.30 3/0 2.40 8 10 4.40 5.00 4 0
Minimum 1 30 1 90 1.20 2 30 1.40 0.10 0.80 0 90 3 20 0 00 2 10 1.60 3.30
Maximum 8.70 7.40 8 50 8 50 7.20 9.90 5 00 7 80 8.90 7 60 9.10 6.70 4 70 •
Total 47.10 50 20 47 50 55 00 45 60 50.20 28.90 54 00 67 90 57.70 68.10 19.20 48.20
Average 3 93 4 18 3.96 4 58 3.80 4 18 2 41 4 50 5 66 4 81 5 68 4.80 4 02

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includinga detailed justification for such
Option 2: Submit a written request for remission or mitigation �
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted,and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved,the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 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(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 remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing,and Stipulation of Facts"form 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:
Aim: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
AND
W. Corey Basinger,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 administrative hearing with the Office of Administrative Nearines:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty(30)days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m.and 5:00 p.m.,except for official state
holidays. The petition may be filed by facsimile(fax)or electronic mail by an attached file(with restrictions)-provided
the signed original,one(1)copy and a filing fee(if a filing fee is required by NCGS§150B-23.2)is received in the
Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh,NC 27699 6714
Tel: [phone]
Fax: [phone]
One(1)copy of the petition must also be served on DEQ as follows:
Mr.William F.Lane,General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter)on the petition.
Failure to exercise one of the options above within thirty(30)days of receipt of this letter,as evidenced by an internal
date/time received stamp(not a postmark),will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions,please do not hesitate to contact Michael Meilinger or me with the Water Quality Section
in the Mooresville Regional Office at 704-663-1699 or via email at [e-mail] or
[e-mail].
Sincerely,
—DocuSigned by
A.44,4, H P:x,.L4
for
'•F 181FB69A2D94A3
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/Enforcement Unit-Enforcement File

Shelby
A
NORTH CAROLIN
Post Office Box 207•Shelby,NC 28151-0207 �t
August 11, 2021
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
Tracking DV-2021-0115
Sanitary Sewer Overflow—1902 Randolph Road—March 2021
Collection System Permit#WQCS00037
City of Shelby, Cleveland County
Dear Mr. Basinger:
The City of Shelby received the above referenced Notice of Violation and Assessment of Civil Penalty
regarding the sanitary sewer overflow that occurred on March 25, 2021 at 1902 Randolph Road.
The spill was reported by City of Shelby personnel at 6:48 pm on March 25, 2021, sewer crews
responded and were to the scene by 7:00 pm on March 25, 2021 and the problem was corrected at 6:30
am on March 26, 2021. This spill resulted in an overflow of 2,400 gallons, of which 2,400 gallons
reached Brushy Creek.
This spill event stemmed from a torrential rainfall event that dumped 3.5" +of precipitation on portions
of Shelby, resulting in localized flooding of ditches and streams. Based on rainfall data collected the
average monthly rainfall total for the month of March is 4.7 inches. March of 2021 total for rainfall was
6.7 inches which has been the wettest month since 2011.
The system in this area (gravity/liftstation) was installed and operated by the Doran Mill until the City of
Shelby took over the lines and station in 1999. When the system was installed, the Mill had their own
treatment system and private surface discharge. In the mill era, mills would also connect some non-
sewer drainage to the sewer system. This portion of that system is made up of around 7,162 feet of line
and 35 manholes and the Randolph Road Liftstation. There are 23 customers that contribute to this
portion of the sewer system. The largest contributors are the two old mills in the area. One of the mills
is approximately 300,000 square feet (Mostly 2-story) and the other is approximately 155,000 square
feet. The other contributors are eighteen (18) homes,two (2) businesses, and one (1) Church.
After the City took the system over in 1999, the City had issues with three overflows during 2004 &
2005. The City responded by removing a large portion of the gravity system where old mill houses had
been demolished. This helped to correct the station overflows. In fact, the City saw a period of 10 years
where we did not have a spill at the Randolph Liftstation.
www.cityofshelby.com

In 2013 the Randolph Road Liftstation was upgraded with new pumps and electrical. The lift station is
rated to pump at a rate of 130 to 140 gallons per minute.
In 2020, the City encountered another spill that triggered additional evaluation of I&I into the City's
sewer system. Smoke testing was completed, and crews identified and completed several point repairs
on several old service connections that had been previously repaired but were allowing infiltration. A
significant amount of the inflow and infiltration has been traced to the old Mill that is deteriorating and
is currently only being used for limited warehousing.
The City conducted smoke testing around the mill and found that the Mill's owners had connected roof
drains to the sanitary sewer system. The City has met with the owners on a couple of occasions to
discuss the findings and also coordinated efforts to inspect the interior of the building while smoke
testing again. This resulted in finding some internal problems that were allowing stormwater to enter
the sewer system. In response to these findings, the owner removed the gutter discharges from the
sewer. This has helped some of the inflow to the system; however visits during recent rain events have
determined that stormwater is still entering the system and is not completely resolved. The City and
owners are continuing to work together remove the I&I contributions.
The summary the City has conducted the following preventative maintenance activities to help combat
the I&I coming into this station:
Preventative Maintenance/Corrective Action Projects
• Randolph Road Sewer Capacity Study-2000
• Abandoned unused sewer lines at the Mills—Early 2000's
• Randolph Road Lift Station Upgrade—2013
o Upgrade of the existing pumps and electrical at the station.
• Upstream I&I Manhole Repairs—2020
o Repaired a hole in an invert that was causing l&l.
o Removed and plugged old service tap that was causing l&l.
• Smoke Testing of sanitary sewer system—2012, 2015, 2020, 2021
• Repair of sewer lines/laterals from smoke test results—2012, 2015, 2020, 2021
o Replaced a portion of 8" sewer line due to hole in the pipe.
• Westside Sewer Evaluation—2021 (Just completed)
o Long Term Planning document that would potentially combine three lift stations in this
area into one liftstation.
• Upstream Manhole Inspections- Routine
• Removal of Stormwater connections at the Mills (Property Owner)
o Continuing to work with the mills to find other sources of 1&I.
Maintenance history — The City has performed periodic cleaning and evaluation upstream and
downstream of the overflow point. The overall condition of these lines is good. The liftstation was
upgraded in 2013 and is inspected weekly. Both pumps are in good condition and operational.
Your letter lists ten areas of review in consideration for determining civil penalty amounts for a sanitary
sewer overflow. We have included the following brief responses for each item:
• Volume—2,400 gallons
www.cityofshelby.com

• Volume reaching surface waters—2,400 gallons
• Duration and gravity—600 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—There have been six(6) spills at this location since 2004.
June 16, 2004 September 7, 2004 October 7, 2005
August 19, 2010 February 6, 2020 March 25, 2021
• Cost of rectifying damage—
No environmental damage was identified requiring remediation. City staff performed
cleanup and lime application.
• Intentional spill—
These overflows were not intentional and were a result of heavy rainfall and I&I within a
short period of time resulting in flash flooding of roads, ditches, and creeks. Over three and
a half inches of rain fell in parts of Shelby in a short amount of time.
• Money saved by non-compliance—
No money was saved by this non-compliance.
In summary, the City crews performed evaluations and repairs within the Randolph Liftstation Basin to
address inflow and infiltration issues. At this point, we are continuing to focus on working with the mill
owner to remove stormwater Al) contributions from the mill. We have made strides by having the
owner redirect roof drains and storm water sumps.
As a long-term option, the City has recently completed an evaluation of the western sections of the
sewer system within this area of Polkville/Randolph Roads. This evaluation provided service alternatives
and costs that would involve combining multiple Iiftstations into one new liftstation south of Randolph
Road. It is the City's intention to add this project to the City's prioritized Capital Improvement Program;
however,this is being viewed as a long-term project for the City.
As we have discussed the City has made significant progress to address this basin since taking over the
system in this area in 1999. There were three spills in the early 2000's, one in 2010 and two between
February 2020 and March 2021. In all of these cases the City has continued to evaluate the area, make
repairs, upgrade the station and work with the mill owners.
We recognize the requirements of our wastewater collection system permit and the importance to the
environment and public health in the prevention of sanitary sewer overflows. The City of Shelby has
experienced a downward trend of sanitary sewer overflows in our system and the City has shown a good
faith effort to make significant improvements to the City's sewer collection system and Wastewater
Treatment Plant. The City estimates that we have spent nearly $35 million in upgrades to the WWTP
and another$12-15 million in improvements to the City's collection system in the last 10 years. While
this location is important, we ask NCDEQ to consider that we are attempting to make necessary repairs
across a 200+ mile collection system. The City is proud of the improvements that we continue to make
www.cityofshelby.com

and recognize requests that NCDEQ the efforts that have been made and hereby requests the remission
q
of the civil penalty assessment.
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 [e-mail].
Sincerely,
David Hux
Director of Water Resources
cc: Rick Howell; City Manager
Adam Howell; Collection System Crew Supervisor/ORC
Brad Greene; Plant Operations Superintendent
www.cityofshelby.com

City of Shelby Sewer Rehabilitation Projects
Water Resources
Sewer System Projects 1
Feet of PVC Miscellaneous
yeal' Basin Project Name Description Pipe Engineering Costs Construction Costs Costs Total Costs
2009 First Broad 0/F Wesson Rd Manhole Replacement - $ - $ 6,500.00 $ - $ 6,500.00
2009 First Broad 0/F Whistnant @ W Oak Manhole Replacement 25 $ - $ 5,000.00 $ - $ 5,000.0(
2010 First Broad 0/F Hanover Drive Emergency Repair 100 $ - $ 2,400.00 $ - $ 2,400.00
2010 First Broad 0/F First Broad Outfall Manhole Replacement - $ $ 6,400.00 $ - $ 6,400.0(
2010 First Broad 0/F West of North Lafayette Street Line/Manhole Replacement 250 $ - $ 13,450.00 $ - $ 13,450.0C
2010 First Broad 0/F Lafayette&Warren St MH Replacement Manhole Replacement - $ - $ 6,225.00 $ - $ 6,225.0(
2010 First Broad 0/F Royster Avenue Sewer Replacement 990 $ - $ 32,355.00 $ - $ 32,355.0(
2011 First Broad 0/F City Park Sewer Relocation - $ 4,750.00 $ 63,587.65 $ - $ 68,337.65
2011 First Broad 0/F McBrayer/Blanton Manhole Replacement - $ - $ 5,400.00 $ - $ 5,400.0C
2011 First Broad 0/F Putnam St R/W Sewer Replacement 1,541 $ - $ 61,640.00 $ - $ 61,640.0(
2011 First Broad 0/F Royster Avenue Sewer Replacement 240 $ - $ 9,650.00 $ - $ 9,650.0C
2012 First Broad 0/F N Lafayette St. Sewer Replacement - $ 18,000.00 $ 19.2,995.28 $ 3,700.00 $ 214,695.2E
2013 First Broad 0/F McBrayer/Blanton Manhole Replacement $ - $ 5,400.00 $ - $ 5,400.0C
2013 First Broad O/F Wilmouth/Dodd Sewer Replacement $ _ - 5 86,203.20 $ - $ 86,203.2(
2013 First Broad 0/F N Washington Crawford to Laf. Line/Manhole Replacement 1,015 $ 1,500.00 $ 105,540.00 $ - $ 107,040.0C
2015 First Broad O/F Arey St. Sewer Replacement - $ - $ 39,336.00 $ - $ 39,336.0(
2015 First Broad 0/F Arey&S Dale Sewer Replacement 195 $ 1,000.00 $ 4,793.90 $ - $ 5,793.9C
2015 First Broad 0/F Edgewood Rd.R/W Sewer Replacement 165 $ - $ 19,494.00 $ - $ 19,494.0C
2015 First Broad 0/F Outfall Improvements 2014 Linton Barnette 288 $ - $ 84,441.60 $ - $ 84,441.6C
2015 First Broad 0/F W Elm Manhole Replacement - $ - $ 3,000.00 $ - $ 3,000.0(
2016 First Broad 0/F Campbell Street Sewer Manhole Replacement - $ - $ 5,900.00 $ - $ 5,900.0(
2016 First Broad 0/F Leander St R/W Sewer Replacement 180 $ - $ 12,650.00 $ - $ 12,650.0(
2016 First Broad 0/F Sumter St Sewer Replacement 229 $ - $ 22,700.00 $ $ 22,700.0(
2016 First Broad 0/F Washington&Lafayette Sewer Replacement 650 $ 5,750.00 $ 108,570.00 $ - $ 114,320.00
2017 First Broad 0/F Arey and Trade Sewer Replacement 504 $ 7,525.00 $ 161,535.00 $ - $ 169,060.00
2017 First Broad 0/F Campbell and Trade Sewer Repacement 1,379 $ 3,150.00 $ 349,426.50 $ - $ 352,576.5(
2017 First Broad 0/F Dale,Trade,and Morgan St Sewer Replacement/New PD 170 $ 4,000.00 $ 42,826.29 $ - $ 46,826.25.
2018 First Broad 0/F Broad Street Sewer Replacement/Paving List 2018 1,265 $ 5,500.00 $ 184,760.00 $ - $ 190,260.0C
2018 First Broad 0/F Mark Dr Sewer Replacement 591 $ 7,000.00 $ 196,838.25 $ - $ 203,838.25.
2018 First Broad 0/F Sumter St Outfall Repaired Broken Arial Crossing 12 $ - $ 10,600.00 $ 1,500.00 $ 12,100.0(
2018 First Broad 0/F Uptown Sewer Phase 1 Sewer Replacement 2,375 $ 345,385.06 $ 1,161,805.96 $ - $ 1,507,191.02
2018 First Broad 0/F W Warren St @ Okies Tire Replace Manhole - $ - $ 7,600.00 $ 1,800.00 $ 9,400.0C
2020 First Broad 0/F Blanton Street Manhole Replacement Manhole Replacement - $ - $ 6,700.00 $ - $ 6,700.0(
2021 First Broad 0/F Dodd Street Manhole Replacement Manhole Replacement $ - $ 7,987.00 $ - $ 7,987.0(
2021 First Broad 0/F Shannonhouse Manhole Replacement Manhole Replacement - $ - $ 8,565.00 $ - $ 8,565.0C
2021 First Broad 0/F Gardner Street Manhole Replacement Manhole Replacement - $ - $ 8,765.00 $ - $ 8,765.0(
12,164 $ 403,560.06 $ 3,051,040.63 $ 7,000.00 $ 3,461,600.6!
"' endric Bonr `Street Sewer Replacement-Paving Project 460 $ 3,250.00 $ 51,304.00 $ - $ 54,554.0C
2015 Hendrick Hendrick Outfall Line/Manhole Replacement 2,800 $ - $ 99,770.00 $ - $ 99,770.0C
2015 Hendrick North Lafayette Street&Grover Street i Sewer Replacement - $ - $ 49,478.00 $ - $ 49,478.0C
2015 Hendrick N Lafayette St.to N Washingto Sewer Replacement 830 $ - $ 144,406.50 $ - $ 144,406.5C

City of Shelby Sewer Rehabilitation Projects
Water Resources
4,090 $ 3,250.00 $ 344,958.50 $ - $ 348,208.51

CITY OF SHELBY - SEWER OVERFLOWS
2021 DATA AS OF 03 MAY
Rain/I&I Grease °mot,Roots �Debris Failure -Total Spills
\-....---I
I i 11 1 I I I - -
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021

Monthly Rainfall
Monthly Total Plant Rainfall Summary Report
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Norma;
Jan 6.10 1 90 4 50 4.40 2.40 3 30 2.60 6.30 4.30 4.80 8.90 4.70 3.9
Feb 3.60 3 60 1 20 2 70 1 40 1 70 2 80 1 40 3.20 7.60 9 10 6.20 3 9
Mar 5.50 7 40 3 90 2.60 4 40 3 60 1 60 4.30 3.40 2.10 3 10 6.70 4 7
Apr 2 30 4 30 2 40 5 30 5 10 8.30 2 50 7 80 6.80 5.20 6.90 1 60 3 3
May 5.90 5 60 8 50 3 70 2.30 0 10 5 00 6 30 5.40 7.30 7.00 4 4
Jun 2.40 480 330 480 720 210 210 3.00 400 7.20 2.30 43
Jul 1.90 210 770 850 600 130 260 580 3.80 480 2.10 43
Aug 8 70 3 60 3 30 5 30 3 70 2.30 2 90 7 00 6 10 3 70 4 90 4 4
Sep 3.40 6 80 3.60 2 30 3 30 2 70 1.80 3 80 7 30 0.00 5.00 3 8
Oct 3 40 2 00 1 90 4 10 2 90 5 60 0 80 5.00 6 60 6.50 7.20 3 8
Nov 2 60 5 00 2 30 4 50 3 50 9.90 1 10 0.90 8 90 4.10 6.60 3 4
Dec 1 30 3 10 4 90 6 80 3 40 9 30 3.10 2 40 8 1C 4.40 5.00 4 0
Minimum 1.30 1.90 1.20 2.30 1.40 0.10 0.80 0.90 3 20 0.00 2 10 1.60 3.30
Maximum 8.70 7.40 8 50 8 50 7 20 9.90 5.00 7 80 8.90 7.60 9.10 6 70 4.70
Total 47.10 50.20 47 50 55 00 45.60 50.20 28.90 54.00 67 90 57.70 68.10 19.20 48.20
Average 3.93 4 18 3.96 4 58 3.80 4.18 2.41 4 50 5 66 4 81 5.68 4.80 4.02

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Manhole Hydrography N 1902 Randolph Road 90 380 760� Shelby
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- Gravity Main Floodplain Hydrography Prepared by City of Shelby GIS
Mill Buildings Date:5(7(2o21