WQCS00037_Notice of Violation_20240220

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T CITY OF SHELBY
$ PO BOX 207
SHELBY NC 28151-0207
s ATTN: RICK HOWELL, CITY MANAGER
dwr/jh 2/20/24

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Y
ROGovernorCOOPER 4' l
ELIZABETH S.BISER
Secretary r Y =: per
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
Certified Mail # 7022 0410 0000 7789 5718
Return Receipt Requested
February 20, 2024
Rick Howell, City Manager
City of Shelby
PO Box 207
Shelby, NC 28151-0207
SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2024-DV-0116
Sanitary Sewer Overflows - January 2024
Collection System Permit No. WQCS00037
Shelby Collection System
Cleveland County
Dear Mr. Howell:
The self-reported Sanitary Sewer Overflow (SSO) 5-Day Report submitted by City of Shelby indicates violations of
permit conditions stipulated in the subject permit and North Carolina G.S. 143-215.1. Violations include failing to
effectively manage, maintain, and operate the subject collection system so that there is no SSO to the land or
surface waters and making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a
permit is required.
Specific incident(s) cited in the subject report include the following:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action
202400144 1/9/2024 330 1902 RANDOLPH Inflow and Infiltration, 71,000 71,000 Notice of Violation
ROAD, SHELBY,NC, Severe Natural Winter Storm 2024
28150 Condition
202400147 1/9/2024 620 1120 LADELL LANE, Inflow and Infiltration, 415,000 415,000 Notice of Violation
SHELBY,NC, 28152 Severe Natural Winter Storm 2024
Condition
D_E Q North Carolina Department of Environmental Qua:t:I Division of Water Resources
./ Mooresville Regional Office i 610 East Center Avenue Suite 301 I Mooresville.North Carolina 28115
3:" "i n'.�� ..+r� / 704 nn3.1b99

:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action
202400150 1/9/2024 717 Thompson St in Inflow and Infiltration, 12,800 12,800 Notice of Violation
Sunset Cemetery, Severe Natural Winter Storm 2024
Shelby, NC Condition
202400153 1/9/2024 640 Ford St in Sunset Inflow and Infiltration, 32,000 32,000 Notice of Violation
Cemetery, Shelby, NC Severe Natural Winter Storm 2024
Condition
202400155 1/9/2024 480 Ford St in Sunset Inflow and Infiltration, 24,000 24,000 Notice of Violation
Cemetery,Shelby, NC Severe Natural Winter Storm 2024
Condition
202400158 1/9/2024 681 703 HANOVER DRIVE, Inflow and Infiltration, 90,000 90,000 Notice of Violation
SHELBY, , 28150 Severe Natural Winter Storm 2024
Condition
202400160 1/9/2024 677 706 HANOVER DRIVE, Inflow and Infiltration, 6,600 6,600 Notice of Violation
SHELBY,,28150 Severe Natural Winter Storm 2024
Condition
202400165 1/9/2024 230 312 WINDSOR DRIVE, Inflow and Infiltration, 78,500 78,500 Notice of Violation
SHELBY,,28150 Severe Natural Winter Storm 2024
Condition
202400166 1/9/2024 361 2450 KINGS ROAD, Inflow and Infiltration, 43,750 0 Notice of Violation
SHELBY, , 28152 Severe Natural Winter Storm 2024
Condition
202400168 1/9/2024 228 1623 West Zion Inflow and Infiltration, 27,375 27,375 Notice of Violation
Church Rd, Severe Natural Winter Storm 2024
Condition
202400169 1/9/2024 427 414 CHARLES ROAD, Inflow and Infiltration, 27,000 27,000 Notice of Violation
SHELBY, ,28152 Severe Natural Winter Storm 2024
Condition
202400170 1/9/2024 103 617 LEANDER Inflow and Infiltration, 6,000 6,000 Notice of Violation
STREET,SHELBY, , Severe Natural Winter Storm 2024
28152 Condition
202400171 1/9/2024 228 4501 FALLSTON Inflow and Infiltration, 22,500 22,500 Notice of Violation
ROAD, LAWNDALE,, Severe Natural Winter Storm 2024
28090 Condition
202400172 1/9/2024 460 Linton Barnett Dr, Inflow and Infiltration, 180,000 180,000 Notice of Violation
Shelby, NC Severe Natural Winter Storm 2024
Condition
202400173 1/9/2024 640 Ronald Drive- Inflow and Infiltration, 144,000 144,000 Notice of Violation
Right-of-way Severe Natural Winter Storm 2024
Condition
202400306 1/14/2024 25 101 KENWOOD DRIVE, Other 7,500 0 Notice of Violation
SHELBY, NC, 28150
�D :).@ North CafeR a Department of 10 Ea e :Asenoe I ite 30n of Water Resources
J/� MoorcsvRk Regbnel Office 1610 Ear":Avenue,Sulre 301 I Mooresvilk.North Carolina 28115
'+► 704.663.1699

Remedial actions, if not already implemented, should be taken to correct the above noncompliance. Please submit
a written response to this Notice of Violation. Your response is to be received by the regional office within 15
business days following receipt of this violation. Please include any additional documentation about this incident(s)
in the response. The submittal will be considered in determining whether the Division will assess a civil penalty for
the cited violations. Regarding the SSO's that occurred on January 9 & 10, 2024, and in keeping with the
Governor's Executive Order No. 300, which declared a statewide state of emergency for the Severe Weather Event
that occurred, the Division of Water Resources is utilizing its enforcement discretion and only issuing a Notice of
Violation for events that noted 'Severe Natural Conditions' as contributing to SSO's on those dates. No Additional
response to the Division is necessary for events that occurred within those dates.
If you have any questions, please do not hesitate to contact Joanna Harbison with the Water Quality Regional
Operations Section in the Mooresville Regional Office at 704-663-1699 or via email at
[e-mail].
Sincerely,
,—DocuSigned by:
A,•.luw El P444.4
"—F 161 FB69A2D84A3_.
Andrew H. Pitner, P.G., Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: Regional Office - WQS File
Central Files, Water Quality Section
-D_E Q�J/ North Carolina Department of Environmental Quality 1 Division of Water Resources
�,/AA Mooresville Regional Office 610 East Center Avenue.Suite 301 I Mooresville.North Carolina 28115
+ � / 704.663.1666

RECEIVED/NCDEQ/DWR
MAR -4�.:�. 2024 si lb
MOORESVILLE QROS
REGIONAL H CAROLINA irri
hel
Post Office Box 207.Shelby,NC 28151-0207 I `
February 28, 2024 111CLedil
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-2024-DV-0116
Collection System Permit#WQCS00037
City of Shelby, Cleveland County
Dear Mr. Pitner:
This letter is in reference to the Notice of Violation regarding the sanitary sewer overflows that occurred
on January 9, 2024
This SSO was due to the winter storm where over 4 inches of rain fell in a short amount of time leading
to multiple overflows in our system. Staff were on site to monitor the situation and mitigate as much of
the spills as possible.We will continue to work to mitigate any future spills.
Please contact me if you have any questions. I can be reached at 704-669-6552 or
[e-mail]
Sincerely,
I54, 24*L. WGittiOWi
Brian Wilson
Director of Water Resources
cc: Rick Howell,City Manager
Ben Yarboro,Assistant City Manager
Adam Howell, Collection System Crew Supervisor/ORC
Certified Mail: 7012 2920 0001 9630 7030
www.cityo fs he l by.co rm

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