WQCS00037_NOV and Intent to Assess_20230314

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3 71 CITY OF SHELBY
lJ 9 PO BOX 207
U ' SHELBY NC 28151-0207
• ATTN:RICK HOWELL,CITY MANAGER
dwr/jh 3/14/23

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CITY OF SHELBY
PO BOX 207
SHELBY NC �3151-0207
ATTN:RICK HOWEI.L,CITY MANAGER
dwr/jh 3/14/23
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NCDEQ/WQROS r- D
610 E. CENTER AVENUE It g
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MOORESVILLE NC 28115 `r o Crr
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ROY COOPER -
Governor p ` „Qi
ELIZABETH S.BISER Ar.rs °/ `-
Secretary " Y Q"
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
Certified Mail # 7022 0410 0000 7789 4537
Return Receipt Reauested
March 14, 2023
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-2023-DV-0127
Sanitary Sewer Overflows - February 2023
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
202300279 2/12/2023 510 211 Edgemont Ave, Pipe Failure(Break) 2,550 2,550 Notice of Violation
Shelby, NC, 28150 Intent to Enforce
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.
North Carolina Department of Environmental Quality Division of Water Resourres
` r Moorcsvilk Regional Offlre b10 East Center Avenues Su1te.W1 Moorrsvilk.North Carolina 28115
^+��ti�+•�.V 704.bb.f-11399

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 Joanna Harbison with the Water Quality Section in
the Mooresville Regional Office at 704-663-1699 or via email at [e-mail].
Sincerely,
DocuSigned by:
L4..6t4w H PU444
F161FB69A2084A3...
Andrew H. Pitner, P.G., Assistant 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 Carolina Department of Ernironmrntal Quality I Division of Water Resources
Mooresville Regional Office blO East Center Avenue Suite wl Moorcvvilk North Carolina 28115

RECEIVED/NCDEQ/DWR
MAR 2 7 2023 Laserfiche
WQROS
MOORESVILLE REGIONAL OFF 1 4,b
Shel
NORTH CAROLINA —
Post Office Box 207•Shelby,NC 28151-0207
t
March 24, 2023
Mr. Andrew H. Pitner, P.G,Assistant Regional Supervisor
Water Quality Regional Operations, Mooresville Regional Office
610 East Center Avenue,Suite 301
Mooresville, NC 28115
Re: Notice of Violation
Tracking#NOV-2023-DV-0127
Collection System Permit#WQCS00037
City of Shelby,Cleveland County
Dear Mr. Pitner:
The City of Shelby received the above referenced Notice of Violation regarding the sanitary sewer
overflow that occurred on February 12, 2023, at 211 Edgemont Ave. The spill was reported by a citizen
at 1:00pm and sewer crews responded immediately arriving on scene at 1:30pm.The spill was corrected
at 9:30pm.
The cause of the spill was due to a collapsed concrete line. City of Shelby staff replaced two sections of
line totaling 20 feet the same day to fix the cause of the spill. With the collapse of the concrete pipe in
this area we identified this neighborhood as a priority for line replacement to completely remove the
concrete sewer in the area. On March 6, 2023, City of Shelby Council approved funding for$330,000 to
rehabilitate over 1,000 feet of sewer line and the replacement of 11 manholes as part of our Belvedere
Sewer Rehabilitation Project. This project is expected to go out for bids in April 2023, with hopes of
being completed by July 2023, dependent upon contractor and material availability.
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—2,550 gallons
• Volume reaching surface waters—2,550 gallons
• Duration and gravity—510 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 no reportable spills at this location
• Cost of rectifying damage—No environmental damage was identified requiring remediation.
• Intentional spill—This spill was not intentional and was due to a collapsed sewer line
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• Money saved by non-compliance—No money was saved by this non-compliance.
Along with the Belvedere Sewer Rehabilitation Project, City of Shelby Council approved another
$561,000 for sewer rehabilitation projects in other needed areas around the city that will aid in reducing
our sanitary sewer overflows.
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 and will continue to make
improvements to minimize the likelihood of future spills.
Please contact me at anytime regarding any further information or questions you might have regarding
this issue. I can be reached at 704-669-6552 or [e-mail]
Sincerely,
'rL
Brian Wilson
Water Resources Operations Manager
cc: Rick Howell, City Manager
Ben Yarboro,Assistant City Manager-Operations
Adam Howell, Collection System Crew Supervisor/ORC
Certified Mail: 7015 3430 0000 6656 0691
www.cityofshelby.com