WQCS00037_Other Correspondence_20190408

APR I i NN
Shelb)
NORTH CAROLINA/
Post Office Box 207 Shelby, NC 281S1-0207
April 8, 2019
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
Tracking #NOV-2019-DV-0155
Collection System Permit #WQCS00037
City of Shelby, Cleveland County
Dear Mr. Basinger:
The City of Shelby received the above referenced Notice of Violation for a sanitary sewer overflow that
occurred on February 22, 2019 at 1600 Linton Barnette Drive ROW. This overflow was discovered by our
sewer ORC while he was evaluating the sewer system for issues from heavy rains and flooding. The ORC
was on site at 10:09am and the spill was corrected at 2:15am.
This area of the collection system is where four major collector basins come together to and direct flow
to the First Broad WWTP. Our staff routinely check this area during large rain events due to the fact
that so much of the City's wastewater flows come through this area. Prior to the existence of the First
Broad WWTP; this location used to be the discharge point for wastewater into the first Broad River. In
the late 1950's, an outfall line was extended south to the site of the where the First Broad WWTP was
constructed.
This particular spill has been attributed to a record year of rainfall in the Charlotte region. In fact, on
March 4, 2019, Brad Panovich tweeted that, "From September 151 until March 1", Charlotte has seen a
record breaking 39.24" of rain. That's more rain in 6 months than in all these complete years (12
months)." With this comment he shared the record annual precipitation records for the Charlotte
Region. Our First Broad WWTP plant rainfall totals indicate 59 inches of rain from September through
March 11. These levels have presented high water tables and lingering infiltration to the WWTP. At the
time of this overflow, the City recorded 7.8 inches of rainfall in one week at the First Broad WWTP.
During this week severe downpours and flooding were evident throughout the City's collection system.
Crews made rounds on the day of the spill throughout the collection system to evaluate system
performance.
The City of Shelby has been very active within the sewer collection system in efforts to evaluate
spills/overflows, establish system improvement project scopes and in efforts to better prioritize
projects. The following tasks have occurred or are currently ongoing:
www.ci!3Eofshelby.com

• Rain event observations and manhole inspections.
• 2009 I&1 Study— Focused on determining which basins provided the highest peak flow conditions.
• 2013 Tunnel Evaluation — Performed Evaluation of the City's three sewer tunnels to determine if
there were any structural defects.
• 2016 Outfall Improvements — Replaced aging outfalls and corrected hydraulic issues in the Linton
Barnette area where higher flows created damming effect within sewer outfalls where basin outfalls
come together.
• 2017-2019 Sewer Asset Inventory Assessment Grant - Focused on several critical areas above Linton
Barnette area as well as other older collection system areas.
• Numerous sewer rehabilitation projects both above and below the spill location associated with I&I
Study and Infrastructure Evaluations
• Preventative Maintenance lines above and below the spill location.
• Purchased bucket cleaning machine
• Purchased acoustic testing equipment for sewer outfall blockages.
• Purchased survey grade GPS units.
• Increased staffing levels.
• 2018 —First Broad WWTP Influent and Preliminary Treatment Plant Upgrades —Increase peak flow
capabilities for barscreens, grit removal and pumping. These improvements also provide pumping
redundancy. $6,600,000
• Purchased new sewer camera truck.
Preventative Maintenance activities are performed by the City of Shelby. In review of our records, the
following information is provided:
Maintenance history —
Acoustic Testing: 2014 (above) and 2017 (below)
Rodding and Jetting: 2011
Bucket Cleaning: 2016 — Near overflow site.
Hydraulic Improvements: 2016 McGill Engineers. With 2008 spill it was determined that
damming effect existed with outfall lines coming together. This was corrected in 2016.
Tunnel Assessments: 2013, Gavel &Dorn Engineers (Tunnels below spill location)* (Video)
Video with Pole Camera: 2019* No root blockages or collapses were found.
Survey (Survey grade GPS): 2019 The City has begun to collect survey grade GPS data in efforts
to determine slope of all major outfall line segments. This will help us to determine if adverse
grades or flat sections exist in the major outfalls. This will also allow the City to determine flow
limitations of outfalls. This work is underway.
Your letter lists ten areas of review in consideration for determining civil penalty amounts for a sanitary
sewer overflows. We have included the following brief responses for each item:
• Volume — 386,400 gallons
www.cityofshelby.com

• Volume reaching surface waters — 386,400 gallons
• Duration and gravity — 966 minutes during flooding conditions
• 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 (Area) — Prior spills within this area.
09/04/2008 Linton Barnette O/F Hurricane Frances
08/19/2010 1735 Linton Barnette Heavy Rains and Crack in exposed VCP line (Repair made)
12/30/2015 1735 Linton Barnette Heavy Rain and Flash Flooding
01/04/2019 1735 Linton Barnette Portable Pump Failure with First Broad WWTP Influent Upgrades
• Cost of rectifying damage —
No environmental damage was identified requiring remediation. City staff provided spill
clean-up.
• Intentional spill —
This overflow was not intentional and was a result of extreme record setting conditions with
rainfall.
• Money saved by non-compliance —
No money was saved by this non-compliance. Since the upgrades were made in 2016 there
have not been any additional overflows until this record setting Fall.
Since 2009 the City of Shelby has reinvested over $7 million dollars in collection system rehabilitation
upgrades. These costs do not include the most recent system expansions to allow manufacturing based
growth in the City of Shelby. On system expansions, the City has worked closely with engineers to
ensure that increased flows do not impact system operations.
During this same timeframe, the City of Shelby has made significant evaluation efforts in surrounding
subject area and other parts of the system through the purchase of equipment, through inspections and
through the rehabilitation of infrastructure. Based upon these efforts and the information provided, the
City believes that a record rainfall year attributed to the overflow conditions with nearly 8 inches of
rainfall in one week and the high water table and flood conditions. Prior evaluations indicated issues
with line hydraulics in 2008 and 2010. Upgrades were completed in 2016 and there was not another
spill until January 4, 2019 when our contractor had a by-pass pump problem that was associated with
the First Broad Influent Upgrades.
The City has been diligent improving environmental performance and recognizes the requirements of
our wastewater collection system permit and the importance to the environment and public health from
preventing sanitary sewer overflows. In consideration of this information, the City believes we have
displayed due diligence. In consideration of the of the uncharacteristically wet and record rainfall year,
the City requests that NCDEQ withhold the issuance a civil penalty assessment for the subject spill.
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 david hux cityofshelby.com.
www.cityofshelby.com

V
David Hux
Director of Water Resources
cc: Rick Howell; City Manager
Brad Greene; Plant Operations Superintendent
Mark Swink; Field Operations Superintendent
Adam Howell; Collection System Crew Supervisor
Certified Mail: 7018 0680 00010376 5156
www.cityofshelby.com

ROY COOPER
cm•vrnar
MICHAEL S. REGAN
sermfnr,•
LINDA CULPEPPER
Dinyto,
NORTH CAROLINA
Environmental Quality
CERTIFIED MAIL: 7017 2620 0000 6788 4811
RETURN RECEIPT REQUESTED
March 25, 2019
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-2019-DV-OISS
Sanitary Sewer Overflows - February 2019
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 Reports 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 (Mina) Location Cause (Gals) (Gals) DWR Action
201900438 2/22/2019 966 1600 Linton Barnette Inflow and Infiltration 386,400 386,400 Notice of Violation
Dr ROW w/ Intent to Enforce
e North Caro na Departmont of En Vrpn Menta Que 1y I D vson of Water gebources
yooresv aRegona off ce 1616 fan Center A<e�ue. Sute 3011 Nooresr e, North Caro n6:8115
r 704669-1699

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. 143-215A.
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 me in the Water Quality Section in the Mooresville
Regional Office at 704-663-1699 or via email at [e-mail].
Sincerely,
DocuSigned by:
A14CC681AF27425...
W. Corey Basinger, 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
.s` North Caro ratme Deeertnl of Env:ronmenta: Qua 1} I D vsoo of Water Resources
�D% Nooresv a Regona Off oe 1610 East Center Avenue. Sul* 301 fJooresu°e, North Caro na 28116
7D9E63-1699

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USGS 02152100 FIRST BROAD RIVER NEAR
CASAR, NC
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?° This station is operated in cooperation with North Carolina
=.-M= Department of Environment and Natural Resources, Division of
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This station managed by the South Atlantic WSC Charlotte Field Office.
Available Parameters Available Period
❑ All 2 Available Parameters for this site
0 00060 Discharge 1986-10-01 2019-02-25
O 00065 Gage height 2007-10-01 2019-02-25
Output format
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Days (31) Summary of all available data for this site
Instantaneous -data availability staternent
-- or --
Begin date
;2019-01-25 Discharge, cubic feet per second
End date Most recent instantaneous value: 341 02-25-2019 07:30 EST
2019-02-25 USGS 82152100 FIRST BROOD RIVER NEAR COSRR, NC
Jan Feb Feb Feb Feb
26 Q2 09 16 23
2019 2019 2019 2019 2019
---- Provisional Data Subject to Revision ----
Median daily statistic (59 years) A Measured discharge
— Discharge
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Daily discharge, cubic feet per second -- statistics for Feb
based on 59 years of record more
25th
75th
Most Recent
G
in
F(20
percen-
percen-
Instantaneous
Max
h
17)
the
Median'
the
Mean
Value Feb 25
(1979)
M
25.3
63
85
124
135
341
977 '"'
vi
02-25-2019 07:30 EST
5.9
4.9
1.9
0.9
USGS 02152109 FIRST BROAD RIVER NEAR CASAR, NC
Jan Feb Feb Feb Feb
26 e2 99 16 23
2919 2919 2919 2019 2919
---- Provisional Data Subject to Revision ----
- Gage height )F Measured gage height
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age
eight, feet
ost recent
stantaneous
flue: 2.36

7
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Page Last Modified: 2019-02-25 07:48:37 EST
2.47 2.03 vaWW01