WQCS00037_NOV and Intent to Assess_20231212

1. . •os a entice
CERTIFIED MAIL° RECEIPT
o Domestic Mail Only
✓• For delivery information,visit our website at www.usps.com
U Certified Mail Fee
u
Extra Services&Fees(check box,add fee as appropriate)▪ 0 Return Receipt(hardcopy) $ Imol",1 (
] ❑Return Receipt(electronic) $ Postmark
] ❑Certified Mail Restricted Delivery $ Here
] ❑Adult Signature Required $
❑Adult Signature Restricted Delivery$
] Postage
,RICK HOWELL CITY MANAGER
a -CITY OF SHELBY
-PO BOX 207
SHELBY NC 28151-0207
'DWR/MM NOV-2022-DV-0352 12/12i2022

•cruncL1 rrlarl vra.c f•rvvraaca urc wuvvvury ucncnw.
A receipt(this portion of the Certified Mail label). for an electronic return receipt,see a retail
A unique identifier for your mailpiece. associate for assistance.To receive a duplicate
Electronic verification of delivery or attempted return receipt for no additional fee,present this
delivery. USPS®-postmarked Certified Mail receipt to the
A record of delivery(including the recipient's retail associate.
signature)that is retained by the Postal Service— -Restricted delivery service,which provides
for a specified period, delivery to the addressee specified by name,or
to the addressee's authorized agent.
nportant Reminders: -Adult signature service,which requires the
You may purchase Certified Mail service with signee to be at least 21 years of age(not
First-Class Mail",First-Class Package Service°, available at retail).
or Priority Mail°service. -Adult signature restricted delivery service,which
Certified Mall service is not available for requires the signee to be at least 21 years of age
international mail, and provides delivery to the addressee specified
Insurance coverage is not available for purchase by name,or to the addressee's authorized agent
with Certified Mail service.However,the purchase (not available at retail).
of Certified Mail service does not change the ■To ensure that your Certified Mail receipt is
insurance coverage automatically included with accepted as legal proof of mailing,it should bear a
certain Priority Mail items. LISPS postmark.If you would like a postmark on
For an additional fee,and with a proper this Certified Mail receipt,please present your
endorsement on the mailpiece,you may request Certified Mail item at a Post Office"for
the following services: postmarking.If you don't need a postmark on this
-Return receipt service,which provides a record Certified Mail receipt,detach the barcoded portion
of delivery(including the recipient's signature). of this label,affix it to the mailpiece,apply
You can request a hardcopy return receipt or an appropriate postage,and deposit the mailpiece.
electronic version.For a hardcopy return receipt,
complete PS Form 3811,Domestic Return
Receipt;attach PS Form 3811 to your mailpiece; IMPORTANT.Save this receipt for your records.
s Fnrm 3R00-Anvil nob (RA,„re r PCN 7sa0-m.r1nxi-511147

•ENDEP• COMPLETE THIS SECTION COMPLh YE THIS SECTION ON DELIVERY
■ Pomplo items 2,and 3. A. Signa ure
II e�
Print yourur name and address on the reverse X � CI Agent
so that we can return the card to you. ❑Addressee
■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Deliver
or on the front if space permits. /T.1 - ✓S*--% si,/^� e 9� '
I. Article Addressed to: D. Is delivery add=..different i•ii item'Kt & Yes
If YES,enter,-livery ad•ress be o' 41 •
2
ICK HOWELL CITY MANAGER F�► 0
ITY OF SHELBY N J9
O BOX 207 �'
HELBY NC 28151-0207
WR/MM Nlv-7n99-nv-n357 17/1717n97
II I'lll'I III II I II IIIII III I I I II I I I I�IIII'll 3. Service Type t9� ❑Priority Mail press®
❑Adult Signature 9 egistered aiITM
O a�dciult Signature Restri ❑Registe Mail Restrict
IV Certified Mall® PS D
9590 9402 5030 9063 3774 50 ❑Certified Mail Restricted Delivery eturn Receipt for
❑Collect on Delivery Merchandise
0 Collect on Delivery Restricted Delivery Signature Confirmation.'
Artir.la Ni rmhPr(Transfer from service label) dl 0 Signature Confirmation
7 018 3090 0001 2322 9182 ill Restricted Delivery Restricted Delivery
.,fl.,

USPS TRACKING#
First-Class Mail
o';
I I II I I� � USPS
Postage&Fees Paid
1I '.i ;. Permit No.G-10
9590 9402 5030 9063 3774 50
m
United States • Sender:Please print your name,addreA and ZIP+4®iriis box•
Postal Service z o
trI
o
NCDEQ DWR MM 330
9 0
610 E CENTER AVE rn
00 ,,, m
SUITE 301 0-Ca)
MOORESVILLE NC 28115 z '
O
ten
Il1ill1111"11111119111lullll1lilllll111111l1lluullllll111111

�� Z '
ROY COOPER '
Governor i
ELIZABETH S.BISER
Secretan
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
Certified Mail # 7018 3090 0001 2322 9182
Return Receipt Requested
December 12, 2022
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-2022-DV-0352
Sanitary Sewer Overflows - November 2022
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
202201733 11/24/2022 320 1158 Wyke Rd, Shelby, Roots 12,300 12,300 Notice of Violation
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.
� � Yarth lxMna lhp.rrnvmi ul Envi.unmmi.d Qu.Wv U+ mMWter 0.evwr<e.
Aln'n r.v Ak Rr9�•!(N,rt nleCJ.ti_rnrrr lvrnv v..tr 1nl \Mwev.AY yanh eXatiJu:MI'
:nJ twri lwl

•
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 Michael Meilinger or me with the Water Quality Section
in the Mooresville Regional Office at 704-663-1699 or via email at Michaei.rneilingerCa�ncdenr.gov or
andrew.pitner(ancdenr.gov.
Sincerely,
CDocuSigned by:
4.14140H1%444
F161F869A2D84A3...
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
e-file Laserfiche
Yowl,&RUDeWnwnN N10La4lrnrd t'wn.Je .te 01 W.urrgrvnrrn
MwrrvvJ4Yrrymnl t)Ifvr nN)C.i lrr.r\rrrur.$u.t<N)1 WX+h.ilr`firm C>nmu;Nl_:
�'�'++ 104.11w.