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Home My WebLink AboutWQCS00037_DV-2021-0115_Remission DecisionDocuSign Envelope ID: 4A1309DF-AF19-4B03-84A0-879FEED93426 ROY COOPER Governor ELIZABETH S. BISER Secretary 5. DANIEL SMITH NORTH CAROLINA Director Environmental Quality 10/28/2021 CERTIFIED MAIL RETURN RECEIPT REQUESTED Rick Howell, Interim City Manager City of Shelby P.O. Box 207 Shelby, NC 28151-0207 SUBJECT: CIVIL PENALTY REMISSION REQUEST City of Shelby Shelby Collection System Permit WQCS00037 Case No. DV-2021-0115 Cleveland County Dear Permittee: The Division has considered the information submitted in support of your request for remission in accordance with G.S. 143-215.6A(f) and has decided to modify the initial civil penalty assessment of $2,128.16 ($2,000 civil penalty plus $128.16 enforcement) to the total amount of $1.128.16 Should you choose to pay the modified penalty, payment should be tendered to me at the letterhead address within thirty (30) days of receipt of this letter. Please make checks payable to the NC Department of Environmental Quality. You also have the option of presenting your request to the Committee on Civil Penalty Remissions, which is comprised of members of the Environmental Management Commission. The Committee may consider such requests and render final and binding decisions in these matters. You may argue your request before the Committee, and the Division staff will argue against any reduction of the assessment. Should you choose to present your request to the Committee, please notify me at the letterhead address within thirty (30) days of the receipt of this letter. Your request will be placed on the agenda of an upcoming Committee meeting, and you will be notified of the date and time. If the Division does not receive a response regarding this notice, Division staff will automatically place your case on the agenda of a future Committee meeting. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 4A1309DF-AF19-4B03-84A0-879FEE093426 Thank you for your cooperation in this matter. If you have any questions, please contact Celeste Sugg at 919-707-3628 or Celeste.suggOncdenr.gov. Sincerely, L eD.o'c/u'S,ipne'd byy:� .�y ��. r r `ticGAL � itOlitt�wUW C464531431644FE... S. Daniel Smith Director, Division of Water Resources Attachment: DWR Civil Assessment Remission Factor Sheet (copy) & Request for Oral Presentation Sheet cc: Enforcement File No. DV-2021-0115 Mooresville Regional Office Municipal Unit North Carolina Departmrnt of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 4A1309DF-AF19-4B03-84A0-879FEE093426 STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF Cleveland DWQ Case Number DV-2021-0115 IN THE MATTER OF ASSESSMENT OF ) CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION City of Shelby I hereby request to make an oral presentation before the Environmental Management Commission's Committee on Civil Penalty Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements: • This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied. • Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh, North Carolina. • Mypresentation will be limited to discussion of issues and information submitted in my original remission request, and because no factual issues are in dispute, my presentation will be limited to five (5) minutes in length. The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of this letter. Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may proceed with your oral presentation. See www.ncbar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal Ethics Opinion 3. • If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee; however, if you intend on having another individual speak on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. • If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible. If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations, partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of law. Also. be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee is informed that a violation of the State Bar occurs. This the day of , 20 SIGNATURE TITLE (President, Owner, etc) ADDRESS TELEPHONE ( ) North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 4A1309DF-AF19-4B03-54A0-879FEE093426 DIVISION OF WATER RESOURCES CIVIL PENALTY REMISSION FACTORS Case Number: DV-2021-0115 Region: Mooresville Assessed Entity: City of Shelby Permit: WQCS00037 County: Cleveland ® (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: Permittee States: The City performs periodic cleaning and evaluation upstream and downstream of the overflow point. The lift station was upgraded in 2013 and inspected weekly.Both pumps are in good condition and operational. The Notice of Violation letter lists 10 areasof review in consideration for determining civil penalty amounts for a sanitary sewer overflow. DWR Response; Factors were correctly applied. Shelby does operate a good collection system program. El (b) Whether the violator promptly abated continuing environmental damage resultingfrom the violation: (c) Whether the violation was inadvertent or a result of an accident: Permittee States: The sanitary sewer overflow was caused by a rainfall event that dumped 3.5 inches of precipitation on portions of Shelby that resulted in localized flooding in ditches and streams and caused the soils to become saturated. Based on rainfall data collected, the monthly rainfall total in March was over 4.7 inches. Over the course of the last 1.5 years we have seenmore flooding events than the previous 8 years. DWR Response: Heavy rains contributed to the issue, but they did not exceed a 25 year 24-hour stormamo ant. (d) Whether the violator had been assessed civil penalties for any previous violations: Permittee States: Incident number: 202101099. There have been four (4) reportable spills at this location in February 22 2019, February 6th 2020, November 12, 2020, and March 26, 2021. Incident number: 20210110. There have been six (6) spills at this location since 2004. June 2004, September 2004, October 2005, August 2019, February 6 2020, and March 25, 2021. DWR Response: Information appears correct. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 4A1309DF-AF19-4B03-84A0-879FEE093426 ❑ (e) Whether payment of the civil penalty will prevent payment for the remainingnecessary remedial actions: DECISION (Check One) Request Denied ❑ Full Remission ❑ Retain Enforcement Costs? Yes Mr No El Original Penalty (without Enforcement Costs) $_2,000.00_(enter amount) Partial Remission • Ewuw�w M�e.o�u a.w� %_50 or $ 1,000.00_(amount remitted) Subtotal Retaining Enforcement Costs $_1,000.00 $ 128.16 Total Revised Assessment $1,128.16 DocuSigned by: ' id tL rVWkid,tith '- C464531431644FE... For S. Daniel Smith North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh. North Carolina 27699 1617 919.707.9000