WQCS00037_Enforcement_20191202

ROY COOPER
Governor
MICHAEL S. REGAN
SiCnrrory"
LINDA CULPEPPEROorrciar
Certi ed Mail # 7016 1370 0000 2 922 0171
Return Receipt Retlucsted
Rick Howell, City Manager
City of Shelby
PO Box 207
Shelby, NC 28151-0207
NORTH CAROLINA
Environmental Quality
December 02, 2019
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and Collection System Permit No. WQCS00037
City of Shelby
Shelby Collection System
Case No. DV-2019-0154
Cleveland County
Dear Mr, Howell:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $624.83 ($500.00 civil penalty +
$124.83 enforcement costs) against City of Shelby.
This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO)
5-Day Report submitted by City of Shelby. This review has shown the subject facility to be in violation of the requirements
found in Collection System Permit No. WQCS00037 and G.S. 143-215.1(a)(1). The violation(s) that occurred are
surnmarized in Attachment A to this letter.
Based upon the above facts, [ conclude as a matter of law that City of Shelby violated the terms, conditions or requirements
of Collection System Permit No, WQCS00037 and G.S. 143-215.1(a)(1) in the manner and extent shown in. Attachment. A.
In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any
person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Noah C.,ro>ra department of Er uTonmerrts QuartQuaklv Resources
Woo resv a Rego nr' Offers ! €10 Ess Center Ave rrtre.8ute 301 1 Moore, North Csrs,.,n. 23.115
?c4 3-1699

Based upon the above findings of fact and conclusions °flaw,and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, W. Corey
Basinger, Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against
City of Shelby:
$500.00 For 1 of the I. violations of Collection System Permit No, WQCS000.37 and G.S. 143-215.1.(a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.
$500.00
$124.83
$624.83
TOTAL CIVIL PENALTY
Enforcement Costs
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215,6A(c), in determining the amount of the penalty 1 have taken into account the Findings of Fact and
Conclusions of Law and. the factors set forth at G.& 143B-282.1(h), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will. not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Plir—
Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is Limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violations) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
in determining whether a remission request will be approved, the following factors shall be considered:
(I) whether one or snore of the civil penalty assessment factors in NCCS 143B-282.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civiI penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing, The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission, you must complete andsubmit the enclosed "Request for Ret(son of Civil Penalties,
Waiver of Ri .t to an Admirtistrative Flearin and Stipulation of Facts" form within thirty (30) days of receipt of this
tice. The Division of Water Resources also re nests that ou cone lete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-16I7
AND
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDFQ
610 East Center Avenue, Suite 301
Suite 301, Mooresville, NC 28115

Option 3: File a petition for an administrative hearing with the Office of AdministrativeHearitio:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of .Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §1.50B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative. Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One copy -if the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality.
1601 Mail Service Center
Raleigh., North Carolina 27699-160.!
Please indicate number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection °tithe penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Michael. Meilinger with the Division of Water Resources staff ofthe Mooresville
Regional Office at [phone] or via emailat [e-mail].
Sincerely,
DocuSigned by:
A14CC681AF27425,„,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Mooresville Regional Office - Enforcement File
PERCS Compliance/Enforcement Unit - Enforcement File

Case Number: DV-2019-0154
Assessed Party: City of Shelby
Permit No.: WQCS00037
JUSTIFICATION FOR REM1SSION REQUEST
County: Cleveland
Amount Assessed: $624.83
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is Limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed, Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civilpenalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation .e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (Le., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions explain
how payment of the civil penalo., will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION;

STATE OF NORTH CAROL IN. DEPART ENT OF ENV IRONIv'iENT, I UI. L.ITY
COUNTY OF CLEVELAND
IN THE MATTER OFASSESSMENT
OF CIVIL PENALTIES AGAINST
City of Shelby
Shelley Collection System
WAIVER R F RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
PERMIT NO. WQCS000317' ) CASE NO. DV- 019-01 4
Having been assessed civil penalties totaling $624.83 for violation(s) as set forth in the assessment document nt the Division
of Water Resources dated December 02, 2019, the undersigned, desiring to seek remission of the civil penalty, does hereby
waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must he submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (d) days from the receipt of the
notice of assessment.
This the day of 0
ADDRESS
GNATURE
I Pl=. PHON

PERMIT NO: WQCS00037
FACILITY: Shelby Collectlon System
Other Violations
ATTACHMENT A
City of Shelby
CASE NUMBER: V- 19-{ 1 4
INCIDENT VIOLATION
NUMBER DATE VIOLATION TYPE
VIOLATION DESCRIPTION
201901551 1551 9118/2019 SO/SS Se r Ove o Discharge without valid
REGION: rMooresville
COUNTY: Cleveland
TOTAL VOLUME
(GALLONS)
PENALTY
AMOUNT

!Op :
„„.
Certified Mail # 7016 1370 0000 2592 0171
Return Receipt Requested
December 02, 2019.
Rick Howell, Cit Manager
City of Shelby
PO Box 207
Shelby, NC 2815.1-0207
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General. Statute (G.S.) 143-21,5.100)
and Collection System Permit No. WQCS00037
City of Shelby
Shelby Collection System
Case No. DV-2019-0154
Cleveland County
Dear Mr Howell:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $624.83 (S500.00 civil. penalty -i-
$124,83 enforcement costs) against City of Shelby.
This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO)
5-Day Report submitted by City of Shelby. This review has shown the subject facility to be in violation, of the requirements
found in Collection System Permit No. WQCS00037 and G.S, 143-215.1(a)(1), The violation(s) that occurred are
summarized in Attachment A to this letter.
Based upon the above facts, 1 conclude as a matter of law that City of Shelby violated the terms, conditions or requirements
of Collection System Permit No. WQCS00037 and G.S. 143-215.1(a)(1) in the manner and extent shown in Attachment A.
In accordance with the maximums established by G.S. 143-215.6A(a)(2). a civil penalty may be assessed against any
person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
"*.tr
:404
,RMAIDW09640,0*40040,0 q,,14,010*
',"Ont,f),449,IAMMAIRS,MOr

Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, W. Corey
Basinger, Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against
City of Shelby:
$500.00 For 1 of the 1 violations of Collection System Permit No. WQCS00037 and G.S. 143-215.1(a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid perrnit.
$500.00 TOTAL CIVIL PENALTY
$124.83 Enforcement Costs
$624.83 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty 1 have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, o to private property
resulting from the violation;
() The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by non.complia.nce;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and.
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment ofthe penalty, OR
(2) Submit a 'written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment f the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not •foreclose further enforcement action for any continuing or new violation(s).
Pleasesubmit payment to. the attention of:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699- 6..7

Option 2: Submit a written r
request:
or retrtts
igation including a detailed justification fa
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and.
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
in determining whether a remission request will be approved, the following factors shall be considered:
(I) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission roust be submitted in writing. The
Director ofthe Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request, The response will provide details regarding the case status, directions for payment, and
provision for further appeal ofthe penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions. (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director, Therefore, it is very important that you prepare a complete and.
thorough statement in support of your request for remission.
in order to request remission, you must complete and submit th,e enclosed "Re nest for Remission of Civil Penalties,
Waiver of Right: to an Administrative fearing, and Stipulation of Facts" form within thirty (30)days of receipt of this
notice. The Division ot`Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
AND
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
610 East Center Avenue, Suite 301,
Suite 301, Mooresville,, NC 281.15

Option 3: File a petition for an administrative hearing with the Office of .Administrative Hearino:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) provided
the signed original, one (1) copy and a filing fee (if a tiling fee is required by NCGS §1„50B-23.2) is received in the
Office of .Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the fihing fee an.dlor the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC' 27699 6714
Tel: [phone]
Fax [phone]
One copy of the petition must also be served on DEQ as follow's:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
.Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/nine received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Michael Meilinger with the Division of Water Resources staff of the Mooresville
Regional Office at (91.0)796-'7336 or via email at micha,e1,[e-mail].,
Sincerely,
OocuSigned by:
Al 4CC681AF27425„.
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Mooresville Regional Office - Enforcement File
PERCS Compliance/Enforcement Unit - Enforcement File

Case Number: IDV-2019-0154
Assessed Party: City of Shelby
Permit No.: WQCS00037
JUSTIFICATION FOR REMISSION REQUEST
County: Cleveland
Amount Assessed: $624.83
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission ofthis civ penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of -the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors it
detriment of the petitioner (the assessment factors are lis
143B-282b) were wrongfully applied to the
d in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent inure occurrence~):
(c) the violation was inadvertent or a .result. of an accident (i.e., explain why tare violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations:
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e_, explain
how payment of the civil penalty will prevent you. from performing the activities necessary to achieve
compliance:),
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF Cl
IN THE MATTER OF ASSESSMENT
OF CIVIL, PENAL, TIES AGAINST
city of Shelby
Shelby Collection System
PERMIT NO, 3)3/Q(S00037
WAIVER OF RIGHT TO AN
ADMINIST TIVE HEARING AND
STIPULATION OF FACTS
) CASE NO, DV-2019-0154
Having been assessed civil penalties totaling $624.83 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated December 02, 2019. the undersigned, desiring to seek remission of the civil penalty, does hereby
waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document, The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
of assessment. No new evidence in suppon of a remission request will be allowed after (50) days from the receipt of the
notice of assessment_
'This the
day of 20
ADDRESS
SIGNA HIRE
TELEPHONE

P RMIT NO: WQCS00037
FACILITY: Shelby Coltertlt n System
Other Violet o
ATTACHMENT A
City of Shelby
CASE NUMBER: DV- 0 0-i
INCIDENT VIOLATION
NUMBER DATE VIOLATION TYPE
8/2019 SO/SSO(Se r0-ye
4
VIOLATION DESCRIPTION
Discharge without valid perr
I +ION: Mooresville
COUNTY: Cleveland
TOTAL VOLUME
(GALLONS)
PENALTY
AMOUNT
10,140
500 00

SSO EVALUATION ROUT NG 5
Ip
NOV/NEVI
PERMIT "EE:
TONY:
CHAEL
ANDRE
COREY

L # 701.6 13'70 0000 2592 0010
:IPT REQUESTED
November 1, 2019
Howell, City Manager
airy of Shelby
PO Box 207
Shelby, NC 28151-0207
SUBJECT: NOTICE OF VIOLATin©V-2©19-DV-4O9
Tracking Number: 190 0 9
Sanitary Sewer Overflows - Sep Collection System Permit No. WQCS00037
Shelby CollectionSystem
Cleveland County
Dear Mr. Howell: Ci of Shelby indicates violations of
Sewer Overflow (SS0) 5-Day Report submitted by ty
The conditions
self -reported Sanitary subject permit and North Carolina G.S. 143-215.1. Violations include failing to
effectively
permit ply m lions e,stipulatedaimaintain,
inthe J1 for wand a
and operate the subject collection system sof G.S. t143 215 1(a)( to SSO the faro or
effectively manage, ma ing�n, 1 '
surface. waters and making an outlet to waters of the State for purposes
permit is required.
Specific incident(s) cited in the subject report include the following:
Incident
Number
Start
Date
201901551 9/18/2019
Duration
(Mins) Location
39 800 Old Boiiing Springs Other
Road
Cause
Total
Vol
(Gals)
10,140
Total Vol
Surface
Water
(Gals)
4,056
DWR Action
Notice of Violation
Intent to Enforce

Post Office Box 207 Shelby, NC 28151-0207
November 19.Z019
Mr. Corey Basinger, Regional Supervisor
Division nfWater Quality, Mooresville Regional Office
61OEast Center Avenue, Suite 3Ol
Mooresville, N[38115
Re: Notice ofViolation
Tracking #NOW'2019'DV'0409
Collection System Pmrmmit#VVQCS00O37
City ofShelby, Cleveland County
Dear Mr. Basinger:
The [hv ofGMe|by is submitting this response to a Notice of Violation that was received on November G\
2QI9for a sanitary sewer overflow that occurred on the VVeotside Liftstationforcernaina180UOld
Boiling Springs Road onSeptember I8^28I9.
The City was notified ofthe spill at1U:41amand was onthe scene at1O:55am. The |Uftstatunhas dual
fooemaiou and City staff was able to isolate the 10 inch 6orcemain (which was spilling) at 11-40am by
closing interconnecting valves on the forcennain and directing all flow tmthe parallel IG inch h}rcenmaim.
Field Operations staff called inlocates and began digging atZ:UOpm. The spill location was not far from
the |iftstation and was determined to, be caused by PVC flush valve blowing apart unthe forcenna|n.
Pictures of the valve are attached, Staff completely removed the flush valve from the system and
placed the forcemain back into service.
The original 10 inch C900 forcemain was installed in 1999 and a parallel 16 inch DIP/C900 forcemain was
installed in 2009. In 2018 a new parallel section offomcenmain was installed near the discharge point at
the treatment plant back through the neighboring Riverbend community for additional flow capacity.
The City also replaced the air release valves onboth lines in30I9. The 2Ol9improvements gave the City
flexibility to operate each forcemain individually or the ability to operate both simultaneously,
City staff was unable to determine the actual cause of the flushing connection valve failure; however
staff coordinated with the |iftstation and forcennain design engineer (W0oGU|) to conduct testing of the
|Htstat|mn on 9/I7/19. The City and engineer worked to evaluate the system operational pressures
(with pumps running) and the surge relief valve settin#5/operation for the forcemain that empties back
into the |iftstatiun. The system operational pressures and surge release pressure setting were correct
with design conditions. As a safety precaution, the City reduced the pressure of the surge relief valve to
alower setting. As another precaution, the City slightly adjusted the stop speeds of the pump soft starts
to ensure that there is no hammering of the pump discharge valves in the |iftstat\on. Our weekly
inspections by staff and subsequent testing did not reveal any problems with n|nmnniog valves or
evidence ofhigh system pressure issues.

As an additional safety factor, the City has ordered a pressure indicating transmitter for the NJestside
forcemain. This device will be installed and connected to our remote SCADA for monitoring and alarms,
This installation will cost the City around $5,000 and will allow for real time monitoring mfsystem
pressures.
Your letter lists ten areas of review in consideration for determining civil penalty amounts for sanitary
sewer overflows. We have included the following brief responses for each item:
o Volumes -- Total Spilled 10,140 gallons; Volume to Surface Water 4,056 gallons
* Duration and grawity— City staff was notified of the oViU at 10:41 am and isolated the line by 11:20
amwhich eliminated the overflow. Duration ofthe spill was 39mins.
• 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 tothis overflow.
° HistmrVofspd|b—This is the first spill at this location. The forcemain has experienced problems
with air release issues in the past; however all air release valves have been replaced with the most
recent upgrade project in 2019. There have not been any line breaks along the 1Oinch forcemain.
°Cost of rectifying damage—[bycrewsdeaned the spill area and performed the removal of the
flushing connection. Noenvironmental damage was identified requiring remediation.
° Intentional spill — This overflow was not intentional. City staff performs weekly inspections ofthe
|iftstation,and ARV/fnrcemaininspections every §months.
°&oney saved bynon-compliance Nomoney was saved by this non-compliance; Shelby operates a
1Oyear old |iftstation and reinvested well ovpr$2,S00000 in 2018/9 to upgrade the |hftstation and
forcemain operation. This work included a parallel section, new air release valves and cross-overs to
provide increased capacity and operational flexibility. Because nfthese investments vvcwere able to
divert flow \oprevent abigger spill from occurring,
As noted above, the City has not had any breaks along the 18 inch forcemain. The [by has
encountered issues with m couple of air release valves closest to |iftstat|om. These issues have been
caused by corrosion and debris build-up which prevented the ARV from clo,sing after discharge of air, In
these incidences we have replaced all ARVsonthe fnocmainswith non -corrosive bodies/cnmnections
and mechanics are servicing these ARVsevery 6months. Additional units have been purchased and staff
will change units and perform cleaning of the units in the maintenance shop, |m2018the City reinvested
over $Z'SOO,OOO (2018) in the |lftstation and forcemain to provide a parallel system with
interconnections to enable the City to divert flows if a break would occur. The City also
upgraded/replaced all Air Release Valves and their connections to the forcemain.
The City provided atimely response tnthis overflow and staff was able todivert flows tnthe parallel
16 inch line. Asfar aostructural integrity goes, we have not had any prior structural issues with the
force main itself, There have been a couple of releases stemming from issues with air release valves;
however all forcemain ARVsvvena replaced in I019. The City would also like to point out that avery
similar issue occurred inKingstown inAugust ofJ018. The City operates their system and mPVC flushing

valve came loose. The City made the necessary repairs and reported the incident to NCDEQ. In this
similar situation, the Town of Kingstoyvn was not issued a fine, Based upon this information provided
and the similarities of the Kingstown and Shelby release, the City requests that NCDEQ not impose
penalties on the City of Shelby for the spill that occurred on September 18, 2019.
We recognize the requirements of our Wastewater Collection System Permit and the importance to
the environment and public health in the preventing sanitary sewer overflows. We believe that the City
of Shelby has continually improved our approach to Operations and Maintenance and also continued to
reinvest in our wastewater system in efforts to be good stewards of the environment.
Thank you for the opportunity to provide additional information for your consideration regarding the
City's approach to protecting the environment and public health, and these overflows in particular,
Please contact me if you have any questions, 1 can be reached at 704-669-6570 or
david,huxEccicitypfsheity,con
Sincerely,
David W. Hui<
Director of Water Resources
cc: Rick Howell; City Manager
Mark Swink; Field Operations Superintendent
Adam Howell; Field Operations Supervisor/Collection System ORC
Brad Greene; Plant Operations Superintendent
Certified Mail: 7019 1640 0001 8012 6701

CERTIFIED MAIL #: 7016 1370 0000 2592 0010
RETURN RECEIPT REQUESTED
November 1, 2019
Rick Howell, City Manager
City of Shelby
PC Box 207
Shelby, NC 28151-0207
SUBJECT; NOTICE OF VIOLATION
Tracking Number: NOV-2019-DV-0409
Sanitary Sewer Overflows - September 2019
Collection System Permit No. WQCS00037
Shelby Collection System
Cleveland County
Dear Mr. Howell:
The self -reported Sanitary Sewer Overflow (SS0) 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:
Incident
Number
Duration
(IMins) Location
Cause
201901551 9/18/2019 39 8UC1 old Bt iling Springs Other
Rod
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
0 4,056 Notice of Violaton
Intent to Enforce

Re ro .ial 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 indude 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.
If you have any questions, please do not hesitate to contact Michael Mellinger or me with the Water Quality Section
in the Mooresville Regional Office at 704-663-1699 or via email at rnichael.meilingerancdenr.ggv or
cgrey.basingerCncden f.gov.
Sincerely,
j /l.4144w
�—l141F9E19A2DE4A
for
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of`Water Resources, NCDEQ
Mooresville Regional Office - WQS File
Central Files, Water Quality Section (La Fiche)

SheIb
NORTH CAROLINA
Post %lftce Sax 207 Shelby„ NC 28151-0207
December 12, 2019
Mr. Corey Basinger, Regional Supervisor
Division of Water Resources, Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, North Carolina 28115
Subject: Notice of Violation and Civil Penalty Assessment Penalty
Case Number DV-2019-0154
Collection System Permit #WQCS00037
City of Shelby, Cleveland County
Dear Mr. Basinger:
aver Request
Attached you will find the Civil Penalty Waiver Request for Case Number DV-2019-0154. The
justification for this waiver is provided on the appropriate form. In short, the City believes that this
spill was not due to negligence on behalf of the City and that the City's response to the spill was timely
and appropriate. This civil penalty assessment is also not consistent with a similar issue in the Town of
Kingstown in 2018 where a fine was not levied. The City hereby requests waiver of the penalty and
enforcement costs for this case.
Please contact me at 704-484-6840 if you have any questions or if you need additional information.
ely,
VO.4) IA 4f
David Hux
Director of
e
esources
Cc: Rick Ho[i; City Manager
Certified Mali 7019 1640 0001 8012 6725
fsbel y.cam

Can N um her: DV-2019-01.54
Assessed Party: City of Shelby
Permit No,: WQCS00037
jciSTWICA F-94 P.E,M(SSkOrsiQJST
County: Clevel
Amount Assessed: $624.,!!3_
Please use this form when requesting remission of this civil penalty. You must also complete- the "Request For Remission,
Waiver of Right to an Administrative flaring, and Stipulation of Facts" form to request remission of this civil penalty,
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please he aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to thc reasonableness of the amount of the civil penalty assessed, Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C;G.S. § 14313-282.1(c), remission of a civil
penalty. may he granted only when one or more of the following; live factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
X
(a) one or more of the civil penalty assessment factors in N,C.G.S. I 43.B-282, I.(b) were wrongfullyapplied to the
detriment of the petitioner (the assessmcntfaclors are listed in the civil penalty assessment document);
(b) thc violator promptly abated continuing environment& damage resulting from the .violati
step that you took to correct the violation and prevent ,future uccurrenCeS)'
e., explain the
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent Or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions t e,, exp
how payment of the civil penalty will prevent youfrom perfarming the activities necessary to achieve
complianct)
EXPLANATION:
As outlined in the City's spill response documentation, the City of Shelby was responsive and completed the repairs of this line in a
timely fashion to mitigate the spill. This spill was the first in this area and was not a line failure, this spill was caused by a flush valve
connection blowing a part. This was not due to any type of negligence of the City of Shelby„ in fact, the City has not encountered any
previous line breaks on the 10/12" forcernain. City staff was able to quickly divert the flow to a parallel forcemain to stop the
discharge.
As indicated in the attached memos the City followed up this spill with an inspection of the operating conditions of the system with
our engineer. The ARVs that had been replaced earlier last year and the surge valve and operating pressures are at working in design
conditions, As a safety measure, the City removed the flush valve from the system.
The City contends that we were not negligent in our responsibilities as owner /operator and believes that the State's fine is not
justified based upon the structural integrity of the line itself, the City's response time, and the City's ability to divert flows to a parallel
line to stop discharge. in 2019 the City completed upgrades to the liftstation and forcemain to improve the overall performance of
the system. The improvements to the forcemain included installation of a new section of forcemain and the ability to separate the
parallel forcernains in the event of a break. The City also upgraded all air release valves on both lines,
The City also pointed in our spill response that the City operates the Kingstown Sewer System, A very similar problem occurred on
their system In 2018. The City made the necessary repairs and Kingstown was not issued a fine,
Based upon this information, the City requests remission of the Civil Penalty,

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CI.EVELAND
1N THE HE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
City of Shelby
Shelby Collection System
PERMIT NO, WQCS00037
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE N
DV-2019-0I 4
Having been assessed civic pertalttes totaling for violation(s) set foh in the assessment document of the Division
of Water Resources dated b I?t the ur°tdersigned,m desiring to seek remission of the civil penalty, does hereby
waive the right to an adntlnistrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
of assessment. No new evidence in support. ofa remission request wilt be allowed after (30) days from the receipt of the
notice of assessment.
This the
TELEPHONE

PER N NTNO: WOCS00037
ATTACH l N+lT A
City f Shelby
CASE NUMBER: V- 1 -C I 4
PAC ITV: Shelby Collection system
INCIDENT VIOLATION
NUMBER R AT VIOLATION TYPE
2019
V O TI+ N DES RIPTION
REGION: N. resvill
COUNTY: Cleveland
TOTAL VOLUME
(GALLONS)
10,140
PENALTY
AMOUNT

Pos
November 19, 2019
Mr, Corey Basinger, Regional Supervisor
Division of Water Quality, Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Re: Notice of Violation
Tracking PNOV-2019-DV-04C9
Collection System Permit MAIQC500037
City of Shelby, Cleveland County
Dear Mr, Basinger:
S,helb
NORTH CAROLINA
207 S lby, NC 28151-0207
The City of Shelby is submitting this response to a Notice of Violation that was received on November 6,
2019 for a sanitary sewer overflow that occurred on the Westside Liftstation forcemain at 800 Old
Boiling Springs Road on September 18, 2019.
The City was notified of the spill at 1041am and was on the scene at 10:55am. The liftstation has dual
forcemains and City staff was able to isolate the 10 inch forcemain (which was spilling) at 11:40am by
closing interconnecting valves on the forcemain and directing all flow to the parallel 16 inch forcemain.
Field Operations staff called in locates and began digging at 2:00pm. The spill location was not far from
the liftstation and was determined to be caused by a PVC flush valve blowing apart on the forcemaln.
Pictures of the valve are attached. Staff completely removed the flush valve from the system and
placed the forcemain back into service,
The original 10 inch C900 forcemain was installed in 1999 and a parallel 16 inch DIP/C900 forcemain was
installed in 2009. In 2018 a new parallel section of forcemain was installed near the discharge point at
the treatment plant back through the neighboring Riverbend community for additional flow capacity.
The City also replaced the air release valves on both lines in 2019. The 2019 improvements gave the City
flexibility to operate each forcemain individually or the ability to operate both simultaneously.
City staff was unable to determine the actual cause of the flushing connection valve failure; however
staff coordinated with the liftstation and forcemain design engineer (McGill) to conduct testing of the
liftstation on 9/27/19. The City and engineer worked to evaluate the system operational pressures
(with pumps running) and the surge relief valve settings/operation for the forcemain that empties back
into the liftstation. The system operational pressures and surge release pressure setting were correct
with design conditions, As a safety precaution, the City reduced the pressure of the surge relief valve to
a lower setting. As another precaution, the City slightly adjusted the stop speeds of the pump soft starts
to ensure that there is no hammering of the pump discharge valves in the liftstation. Our weekly
inspections by staff and subsequent testing did not reveal any problems with slamming valves or
evidence of high system pressure issues,

As an additional safety factor, the City has ordered a pressure indicating transmitter for the Westside
forcemain. This device will be installed and connected to our remote SCADA for monitoring and alarms,
This installation will cost the City around $5,000 and will allow for real time monitoring of system
pressures,
Your letter lists ten areas of review in consideration for determining civil penalty amounts for sanitary
sewer overflows. We have included the following brief responses for each item:
• volumes — Total Spilled 10,140 gallons; Volume to Surface Water 4,056 gallons
• Duration and gravity — City staff was notified of the spill at 10:41 am and isolated the line by 11:20
am which eliminated the overflow. Duration of the spill was 39 mins.
• 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 — This is the first spill at this location, The forcemain has experienced problems
with air release issues in the past; however all air release valves have been replaced with the most
recent upgrade project in 2019. There have not been any line breaks along the 10 inch forcemain.
• Cost of rectifying damage — City crews cleaned the spill area and performed the removal of the
flushing connection, No environmental damage was identified requiring remediation,
• Intentional spill — This overflow was not intentional. City staff performs weekly inspections of the
liftstation, and ARV/forcemain inspections every 6 months.
• Money saved by non-compliance - No money was saved by this non-compliance; Shelby operates a
10 year old liftstation and reinvested well over $2,500,000 in 2018/9 to upgrade the liftstation and
forcemain operation. This work included a parallel section, new air release valves and cross-overs to
provide increased capacity and operational flexibility, Because of these investments we were able to
divert flow to prevent a bigger spill from occurring.
As noted above, the City has not had any breaks along the 10 inch forcemain. The City has
encountered issues with a couple of air release valves closest to liftstation. These issues have been
caused by corrosion and debris build-up which prevented the ARV from closing after discharge of air. In
these incidences we have replaced all ARVs on the forcemains with non -corrosive bodies/connections
and mechanics are servicing these ARVs every 6 months. Additional units have been purchased and staff
will change units and perform cleaning of the units in the maintenance shop, In 2018 the City reinvested
over $2,500,000 (2018) in the liftstation and forcemain to provide a parallel system with
interconnections to enable the City to divert flows if a break would occur. The City also
upgraded/replaced all Air Release Valves and their connections to the forcemain.
The City provided a timely response to this overflow and staff was able to divert flows to the parallel
16 inch line. As far as structural integrity goes, we have not had any prior structural issues with the
force main itself. There have been a couple of releases stemming from issues with air release valves;
however all forcemain ARVs were replaced in 2019. The City would also like to point out that a very
similar issue occurred in Kingstown in August of 2018, The City operates their system and a PVC flushing

valve came loose. The City made the necessary repairs and reported the incident to NCOEQ,. In this
ar situation, the Town of Kingstown was not issued a fine. Based upon this information provided
and the sin-riiarities of the Kingstown and Shelby release, the City requests that NCDECt not impose
penalties on the City of Shelby for the spill that occurred on September 18, 2019.
We recognize the requirements o our Wastewater Collection System Permit and the importance to
the environment and public health in the preventing sanitary sewer overflows, We believe that the City
of Shelby has continually improved our approach to Operations and Maintenance and also continued to
reinvest in our wastewater system in efforts to be good stewards of the environment
Thank you for the opportunity to provide additional inform tion for your consideration regarding the
City"s approach to protecting the environment and public health, and these overflows in particular.
Please contact me if you have any questions, i can be reached at 704-669-65'70 or
doxig
citvofsh
David W. Hux
Director of Water Resources
cc: Rick How ell; City Manager
Mark Swink; Field Operations Superintendent
Adam Howell; Field OperationsSupervisor/Collection
Brad Greene; Plant Operations Superintendent
Certiail. 7019 1640 0001 8012 6101
stet
ORC
ci

CERTIFIED MAIL #: 7016 1370 0000 2S9 ! 0010
RETURN RECEIPT REQUESTED
November 1, 2019
Rick Howell, City Manager
City of Shelby
PC Box 207
Shelby, NC 28151-0207
SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-7019-DV-0409
Sanitary Sewer Overflows - September 2019
Collection System Permit No.. WQCS00037
Shelby Collection System
Cleveland County
Dear Mr, Nowell
The self -reported Sanitary Sewer Overflow (S50) 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, ma%ntain, and operate the subject collection system so that there is no 550 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:
Incident. Start Duration
Number Date (Mins) Location
Cause
201901551 9/1872019 39 800 Oki Wing Springs Other
Road
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWIt A
1©,1..40
9,056 Notke of Violation
intent to Enforce

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 1 .
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,.
If you have any questions, please do not hesitate to contact Michael Mellinger or me with the Water Quality Section
in the Mooresville Regional Office at 704-663-I699 or via email at fnic aaet, iini erc r enr.goti or
ggrayEba$IngerOnCc enr,cloY.
incerely,
Aaa4r Nu"
PIOIFOOMVOSOLI
�..
for
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 (LaserFiche)

ROA

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City of Shelby
Work Order Form
ID# : WO 10042 Description . Crest Lift Station Adjustments (Engineers
General
T
Open 9/27/2019
Due 10/29/2019
Planning UNPLANNED
Custom Field #1
Custom Field #2
n Work Order
TSK-002 - Remote Work Request
Instructions for task
Diagnois and repair as necessary.
2. For more detail contact the requester.
Work Order Priority 02 - Medium
Work Order Type 01-Machine Maintenance
Status Closed
Custom Field #3
Custom Field #4
mated Hours 1
Be sure to check the comments section of the work order for any additional information the requester
may bave entered,
4. If the job is going to take longer than the estimated time on the work order, please notify the planner.
Safety procedures for task:
Follow all standard safety procedures
Asset ID#/Description Department Location Date Completed Down
(Task)
S-WESTSIDE-000-CresWVestside Maintenance Westside Lift
Station
(Crest)
Failure Code Repair Code
Reason Code Results Code
Meter Details
Name Current Meter
Usage
Pers©;one(
Brad Greene(EMP-002)
Jody Black(EMP-049)
Dustin Tessneer(EMP-075)
Mike Finnegan(EMP-074)
Bryan Cook(EMP-073)
-Administrative peteit
Work Order Group Corrective Maintenance
itt Station
Media
File Name
Comments
Actual Hours
3.00
3.00
3,00
3,00
3.00
Originator Brad Greene
Number(s)
Inventory
Work Order Brad Greene
Authorized By:
Call Back 1 Redo False
ime
9/27/2019 1:56:04 PM Brad Greene - Worked with McGill Engineer's on the system pressure for the Crest
force main. We backed off on the surge relief valve until it opened then set it back to where it will not open
when two pumps run but still should handle the surges if they happen. The engineers also changed the soft
starts to decelerate on shut off instead of free wheel down (30 seconds decal time). On decal the seal water
shuts off before the pumps but this was ok'd by the engineers, said it will not hurt the seals for a 30 second
shut down,
Work Order Form
Page 1 of 1 10/8/2019 8-02 AM
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MICUA,tL S, REGAN
Secretary
LINDA CLLPEPP!R
hirer ion Diroam.
CERTIFIED MAIL: 701613s7f1 C
RETURN RECEIPT REQUESTED
Clarence Withrow, Mayor
Town of Kingstown
2014 Kingston Rd
Kingstown, NC 28150
NORTH CArroLINiA
Env frerun tntat QkaRrr
7016
October 10, 2018
SUB)ECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-201&. DV-Q279
Sanitary Sewer Overflows - August 2018
Collection System Permit No. WQCS00258
Kingstown Collection. System
Cleveland County
Dear Mr. Withrow;
1 002/003
A review has been conducted of the self -reported Sanitary Sewer Overflows (SS©f) 5-Day Reportje submitted by
Town of Kingstown. The Division's Mooresville Regional Office concludes ghat the Town of Kingstown violated
Permit Condition I (2) of Permit No. WQCSD0258 by falling to effectively manage, madntaln, 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 outset to waters of the State for purposes of G.S. 143-215r1(a)(i), fbr which a permit Is
required by G.S. 143-215.1.
The Mooresville Regional Office is providing. the Town of Kingsts
justification as to why the Town of Kingstown should not l ass
summarized below:
opportunity to provide evidence and
a civil penalty for the vlolatlon(s) that are
Total Vol
Total Swims
Incident mart Deegan Vol Warr
Number babe (t aaa) at#erta ause (class) gala)
2ai&ra1162 8nf2Ogi 114 1741 W Zlrm Church Rd Plpe Failure (Break)
r Env4Onmenlalgo418kw l DAIslon of Wafer srevoUreee
Avenue, Suite 301. Moofeevle, NO 28115
104-063-1898

/2418 TUB 121 20 FAX
ECms/Ca3
This Notice of Violation / Notice of Intent to Enforce (Nt3V/ND1 Is being issued for the noted violaton. Pursuant
to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed
against any person who violates or falls to act in accordance with the terms, conditions, or requirements of any
permit issued pursuant to G.S. 143-215,1.
This office requests that you respond to ttats Notice, in writing, within TO iciness days of its
receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other
®coons taken to prevent the recurrenceof similar situations. The response to this correspondence will be
considered In this process, Enforcement decisions will also be based on volume s#Ued, volume reaching surface
waters, duration and gravity, Impacts to public health, fish kills or recreational area closures. Other factors
considered in deterrnining the amount of the civil penalty are the vioftstor's history of non-compllance, the cost of
rectifying the damage, whether the splf was intentional end whether money was saved by non-compliance.
If you have any questions, please do not hesitate to contact Lon Snider with the Water Quality Section In the
Mooresville Regional Office at 744-663.1599 or via email' at Iown,[e-mail],
Sincerely,
E$DocuSigned by:
4 110 H p x..w.
Ff61F9*M2084,44 for
W. Corey ginger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional mice
Division of Water Resources, NCDEQ
Mooresville Regional Ofli - Q File
Central Files, Water Quail ty Section
North Carolina DepartJnenm of Environmmnu Qua* l DlylaiOn of water ftesowtea
610 €astCenuar Avenue, Sulfs'a01. mcortrvvgle, NC 28116
T04803-1699

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City of Shelby
ID# : WO-10042
General
II
Work Order Form
Description : Crest Lift Station Adjustments (Engineers)
Open 9/27/2019
Due 10/29/2019
Planning UNPLANNED
Custom Field #1
Custom Field #2
1111
111
lI
111111111
till
Work Order Priority 02 • Medium
Work Order Type 01-Machine Maintenance
Status Closed
Custom Field #3
Custom Field #4
I Task on Work Order
1 TSK-002 - Remote Work Request Estimated Hours 1
Instructions for task
1. Diagnois and repair as necessary.
2. For more detail contact the requester.
3. Be sure to check the comments section of the work order for any additional information the requester
may bave entered.
4. If the job is going to take longer than the estimated time on the work order, please notify the planner.
I Safety procedures for task:
Follow all standard safety procedures
Asset ID#/Description Department Location Date Completed Downtime
(Task)
LS-WESTSIDE-000-Crest/VVestside
Lift Station
Failure Code
Reason Code
Meter Details
Name
Usage
Personnel
Brad Greene(EMP-002)
Jody Black(EMP-049)
Dustin Tessneer(EMP-075)
Mike Finnega.n(EMP-074)
Bryan Cook(EMP-073)
Maintenance Westside Lift
Station
(Crest)
Repair Code
Results Code
Current Meter
Actual Hours
3.00
3.00
3.00
3.00
3.00
Administrative Details
Work Order Group Corrective Maintenance
Originator Brad Greene
Number(s)
Media
File Name
Comments
Inventory
Quantity
Work Order Brad Greene
Authorized By:
Call Back / Redo False
9/27/2019 1:56:04 PM Brad Greene - Worked with McGill Engineer's on the system pressure for the Crest
force main. We backed off on the surge relief valve until it opened then set it back to where it will not open
when two pumps run but still should handle the surges if they happen. The engineers also changed the soft
starts to decelerate on shut off instead of free wheel down (30 seconds decal time). On decal the seal water
shuts off before the pumps but this was ok'd by the engineers, said it will not hurt the seals for a 30 second
shut down.
Work Order Form
Page 1 of 1 10/8/2019 8:02 AM
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Collection System SSO 24-Hour Notification
ecti©n System: Number and Narne WQCS# 'co 37
Incident Number from BIMS
2019 p 5-57
Incident Reviewed (Date): 67, / . / ,
raawra***111****$$$$EW$1*1 *1r1*wr*1$*1*11arr1ri*w•1$11111****0***r*111*ra*r1c•1z•$1*ras*1*r1arrawrr11■
Spill Date 7, / T Time (a/
Reported Date 9 Time epos -
Regional DWR Staff reported to or EM Sta
Reported by
Address of Spill
m
pm
County 6(eA)C,4 ef City
Cause of Spill
Total Estimated Gallons
inn
Stream 1�� Stream Classification
Est, Gal to Stream
Fish Kill: Ye
Number Species
Non Required Information and other comments relating to SSO incident:
Response time minutes Zone Manhole # Duration of SSO
/2
1) MRO-PWS Clint Cook or Mark Hahn(i `1' erbal c date lt e
contact dat
PWS Em. Cell Phone [phone]
2) DHHS:.
Alexander County — Keith Rowland (828-450-5842)
All other Counties — Aaron McOwen (919-703-6452) el-/4' ./9" contact dateltiime
** If you are unable to reach Keith or Aaron,
CaII the 24/7 On Cali Number: 1-888-820-0520
contact date
Optional DHHS contact (consult with Corey/Andrew before contacting:
contact date/ti
e
Valerie Lott [phone] contact date/time
contact date/time
Brian Combs [phone]

Permit #
WQCS00253
WQCS00196
WQCS00233
WQCS00001
WQCS00016
WQCS00046
WQCS00107
WQCS00089
WQCS00221
WQCS00326
WQCS00088
WQCS00017
WQCS00020
WQCS00327
WQCS00036
WQCS00040
WQCS00164
WQCS00026
WQCS00059
WQCS00044
WQCS00019
WQCS00037
WQCS00030
WQCS00149
Owner and Facility Name
Bradfield Farms Water Company CS
Carolina Water Service Cabarrus Woods CS
Carolina Water Service Hemby Acres CS
Charlotte -Mecklenburg CS
City of Albemarle CS
City of Belmont CS
City of Bessemer City CS
City of Cherryville CS
City of Claremont CS
City of Concord CS
City of Conover CS
City of Gastonia CS
City of Hickory CS
City of Kannapolis CS
City of Kings Mountain CS
City of Lincolnton CS
City of Lowell CS
City of Monroe CS
City of Mount Holly CS
City of Newton CS
City of Salisbury CS
City of Shelby CS
City of Statesville CS
East Lincoln CS
Permit #
WQCSO0171
WQCS00322
WQCS00222
WQCS00341
WQCS00231
WQCS00058
WQCS00165
WQCS00342
WQCS00328
WQCS00343
WQCS00310
WQCS00120
WQCS00344
WQCS00043
WQCS00125
WQCS00153
WQCS00190
WQCS00325
WQCS00180
WQCS00135
WQCS00258
WQCS00345
WQCS00054
WQCS00009
Owner an
Greater Badin CS
Aqua Country Woods
Town of Boiling Springs CS
Town of China Grove CS
Town of Cleveland CS
Town of Cramerton CS
Town of Dallas CS
Town of E. Spencer CS
Town of Harrisburg CS
Town of Landis CS
Town of Longview CS
Town of Maiden CS
Town of Marshville CS
Town of Mooresville CS
Town of Mt Pleasant CS
Town of Norwood CS
Town of Oakboro CS
Town of Stanfield CS
Town of Stanley CS
Town of Taylorsville CS
Town of Troutman CS
Town of Wingate CS
Union County CS
WSA Cabarrus Co. CS
Deemed Permitted
Permit #
WQCSD0130
WQCSD0114
WQCSD0057
WQCSD0117
WQCSD0257
WQCSD0116
WQCSD0101
WQCSD0095
WQCSD0098
WQCSD0105
WQCSD0107
WQCSD0099
WQCSD0258
WQCSD0112
WQCSD0104
WQCSD0102
Owner and Facility Name
Brooks Food Group -Brooks Food Group
Charlotte Mecklenburg Schools - Misc Laterals
City of High Shoals CS
Duke Energy Marshall Steam Station
Fallston
Goose Creek Utilities Fairfield Plantation WWTP
Harborside Dev LLC-Midtown T CS
Kennedy Dev, Group LLC-Boardwalk Villas CS
Kennerly Dev. Group LLC-Kings Point CS
Kennerly Dev, Group LLC-Moon Bay Condos CS
Kennerly Dev. Group LLC-Schooner Bay CS
Kennerly Dev. Group LLC-Spinnaker Point CS
Kingstown
Lake Norman -South Point CS
Lake Norman -Villas S Harbour CS
Lake Norman -Vineyard Pt Resort CS
Permit #
WQCSD0064
WQCSD0097
WQCSD0120
WQCSD0019
WQCSD0024
WQCSD0038
WQCSD0002
WQCSD0049
Owner and Facility Name
Lincoln County CS
Martin Dev Gp-N Point & Portsic
Martin Marietta Mallard
Creek
Town of Richfield CS
Town of Grover CS
Town of McAdenville CS
Town of Ranlo CS
Town of Spencer Mountain CS

State of North Carolina
Department of Environment and Natural Resources
Disision of Water Resources
Collection System Sanitary Sewer Overflow Reporting Form
Form CS-SSO
PART I:
This form shall be submitted to the appropriate D Q Regional Office within five days of the first knowledge of the sanitary sewer
overflow (SSO).
Permit Number: WQCS00037 (WQCS# if active, otherwise use WQCSD#)
Facility: Shelby Collection System Incident #: 201901551
Owner- City of Shelby
City: Shelby
County: Cleveland Region: Mooresville
Source of SSO (check applicable), El Sanitary Sewer
0 Pump Station Lift Station
SPECIFIC location of the SSO (be consistent in description from past reports or documentation - i.e. Pump Station 6,
Manhole at Westall & Bragg Street, etc): 800 Old Boiling Springs Road
Manhole #:
Latitude (Decimal Degrees): Longitude (Decimal Degrees):
Incident Started Dt: 09/18/2019 Time: 10:41 am Incident End Dt: 09/18/2019 Time: 11:20 am
(mm-dd-yyyy) (hh:mm AM/PM)
Estimated Volume of the SSO: 10,140
mm-dd-yyyy)
gallons Estimated Duration (Round to nearest hour):
Describe how the volume was determined: 260 gprn x 39 mins = 10,140 gals - 60% = 4.056 gals
Weather conditions during the SSO event: Hot and dry
(hh:mm AM/PM)
0:39 hours
Did SSO reach surface waters? Yes Ei No 0 Unknown Volume reaching surface waters (gals): 4056
Surface water name, Beaverdam Creek
Did the SSO result in a fish kill? Yes [2] No Unknown If Yes, what is the estimated number of fish killed?
SPECIFIC cause(s) of the SSO:
Other (Please explain i
24 hour verbal notification (name of person contacted ): Michael J Mellinger
DWR 0 Emergency Mgmt
Date (mm-dd-yyy): 09/19/2019 Time (hh:mm AM/PM): 0655:00 am
tf an SSO is ongoing, please notify the appropriate Regional Office on a daily basis until SSO can be stopped.
Per G.S. 143-215.1C(b), the responsible party of a discharge of 1,000 or more of untreated wastewater to surface waters
shall issue a press release within 24-hours of first knowledge to all print and electronic news media providing general
coverage in the county where the discharge occurred. When 15,000 gallons or more of untreated wastewater enters surface
waters, a public notice shall be published within 10 days and proof of publication shall be provided to the Division within 30
days. Refer to the reference statute for further detail.
The Director, Division of Water Resources, may take enforcement action For SSOs that are required to be reported to
Division unless it is demonstrated that:
) the discharge was cause by sever natural conditions and there were no feasible alternative to the discharge; or
2) the discharge was exceptional, unintentional, temporary and caused by factors beyond the reasonable control of the
Permittee and/or owner, and the discharge could not have been prevented by the exercise of reasonable control,
art II must be completed to provide a justification claim for either of the above situations. This information will be the basis
WHETHER OR NOT PART III IS COMPLETED, A SIGNATURE IS REQUIRED AT THE END OF THIS FORM
CS-SSO Form Page:

PART II:
ANSWER THE FOLLOWING QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PART I OF THIS FORM AND
INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED
COMPLETE ONLY THOSE SECTONSPERTAINING TO THE CAUSE OF THE SSO AS CHECKED IN PART 1
(In the check boxes below, NA = Not Applicable and NE = Not Evaluated)
A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWR REGIONAL OFFICE UNLESS IS
Other (Please explain in Part 111
Describe:
A force main blow -off valve blew apart for reasons unknown,
Were adequate equipment and resources available to fix the problem?
WYes n No n NA n NE
If Yes, explain:
We valved that section of force main off and was able to run pump station through a parallel line until we got a crew on site
to repair the lines
If the problem could not be immediately repaired, what actions were taken to lessen
the impact of the SSO?
Valvinq off this section of force main stopped the SSO.
Comments:
City to evaluate force. main pressures and ensure proper set points of surge relief valve on 9/25/19 with engineer.
System Visitation
ORC 17 'Yes
n Yes
Backup
Name:
Adam Howell
Cert#
985584
Date visited:
9/18/19
Time visited:
10:55 am
How was the SSO remediated (Le. Stopped and cleaned up)?
We repaired the break with a mechanical joint plug, then removed all the solids and limed the entire area that was affected.
CS-SSO Form
Page: 2

ve fur the responsible part+, 1 certify that the info a c
nowledge
rson submitting dam Adam
Signature:
u
towelt
nta ned in this report is true and accurate to the
TelephoneNumber:
Date. 09/20/1 t
Title:
Any addition information desired to be submitted should be sent to the appropriate Division Regione 0fi
knowledge of the SSO with reference to the incident number (the incident number is only generated when
form is completed, if used)
fi am
ithin five days of first
nic entry of this
CS-8SO Form Pag

NORTH CAROLINA
Post Office Bo X 207 Shelby, NC 281 51-0207
December 12. 2019.
Mr. Corey Basinger, Regional Supervisor
Division of Water Resources, Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, North Carolina 28115
Subject: Notice of Violation and Civil Penalty Assessment — Penalty Waiver Request
Case Number DV-2019-0154
Collection System Permit #WQCS00037
City of Shelby, Cleveland County
Dear Mr. Basinger:
Attached you will find the Civil Penalty Waiver Request for Case Number DV-2019-0154. The
justification for this waiver is provided on the appropriate form. In short, the City believes that this
spill was not due to negligence on behalf of the City and that the City's response to the spill was timely
and appropriate. This civil penalty assessment is also not consistent with a similar issue in the Town of
Kingstown in 2018 where a fine was not levied. The City hereby requests waiver of the penalty and
enforcement costs for this case.
Please contact me at 704-484-6840 if you have any questions or if you need additional information.
Sincerely,
David Hux
Director of Water Resources
Cc: Rick Howell; City Manager
Certified Mail 7019 1640 0001 8012 6725
lby.cosn

Case Number: DV-2019-0154
Assessed Party: City of Shelby
Perm it No.: WQCS00037
JU$TIFICATQN FOR REMISSION REQUEST
County: Cleveland
Amount Assessed: $624,83
Please use this form when requesting remission of this civil penalty. You must also complete the 'Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed, Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a. civil
penalty may he granted only when one or more of the following live factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed),
x
x
(a) one or more, of the civil penalty assessment factors in N.C,G.S. 143B-282,1(b) were wrongfully applied to the
detriment of the petitioner (the assessment' factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent Uture occurrences);
(c) the violation was inadvertent or a result of an accident explain why the violation was unavoidable or
something you could not prevent or prepare for);'
(d.) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment .for the remaining necessary remedial actions (i.e, explain
how payment of the civil penalty will prevent youfrom peiforming the activities necessary to achieve
conpliance)
EXPLANATION:
As outlined in the City's spill response documentation, the City of Shelby was responsive and completed the repairs of this line in a
timely fashion to mitigate the spill. This spill was the first in this area and was not a line failure, this spill was caused by a flush valve
connection blowing a part. This was not due to any type of negligence of the City of Shelby, in fact, the City has not encountered any
previous line breaks on the 10/12 forcemain, City staff was able to quickly divert the flow to a parallel forcemain to stop the
discharge.
As indicated in the attached memos the City followed up this spill with an inspection of the operating conditions of the system with
our engineer, The ARVs that had been replaced earlier last year and the surge valve and operating pressures are all working in design
conditions. As a safety measure, the City removed the flush valve from the system.
The City contends that we were not negligent in our responsibilities as owner /operator and believes that the State's fine is not
justified based upon the structural integrity of the line itself, the City's response time, and the City's ability to divert flows to a parallel
line to stop discharge. In 2019 the City completed upgrades to the liftstation and forcemain to improve the overall performance of
the system. The improvements to the forcemain included installation of a new section of forcemain and the ability to separate the
parallel forcemains in the event of a break. The City also upgraded all air release valves on both lines,
The City also pointed in our spill response that the City operates the Kingstown Sewer System, A very similar problem occurred on
their system in 2018. The City made the necessary repairs and Kingstown was not issued a fine.
Based upon this information, the City requests remission of the Civil Penalty.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CLEVELAND
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
City of Shelby
Shelby Collection System
PERMIT NO, WQCS00037
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. DV-2019-01S4
Having been assessed civil penalties totaling $624,83 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated December 02, 2019, the undersigned, desiring to seek remission of the civil penalty, does hereby
waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be su.brnitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessn
This the
day of
TELEPHONE

PERMIT NO: CS00037
FACILITY: Shelby Collection System
Other Violations
INCIDENT 9(IOLATION
NUMBER
DATE VIOLATION TYPE
ATTACHMENT A
City f Shelby
CASE NUMBER: V-,01-t01
REGION: Mooresv:ll
COUNTY: Cleveland
VIOLATION RI TI .
201901551 11 / 01 CSOISSO(Sower Overflow) Discharge without valid pe it
TOTAL VOLUME NALTY
A>. •UNT
(GALLONS)

Post Office Box 207 Shelby, NC
Mr. Corey Basinger, Regional Supervisor
Division ofWater Resources, Mooresville Regional Office
61OEast Center Avenue, Suite 3O1
Mooresville, N[2811S
Re: Notice mYViolation
Tracking #N
Collection System Permit #WQCS00037
City mfShelby, Cleveland County
Dear Mr. Basinger:
The City of Shelby received the above referenced Notice of Violation regarding the sanitary sewer
overflows that occurred on DecenmherZ9'h and 30"' at 1050Swmn Lattimore Road and m spill at 2304
Sheriff Allen Road on the vveotside sewer forcema}n. The VVestside system primarily serves two
schools, a neighborhood of70 hpmes, snxa|| industrial park with low volume sewer dischargers and a
large industry that provides SU0^000ga/s/day. Both spills were discovered bythe customers/public and
who then reported them tothe City.
The spill at 1050 Sam Lattimore Road on December 29" was reported tothe City at 3:0pm.Sewer
crews responded and were onthe scene by 3,45pmand had the spill corrected by5:00pm.The City was
able tocut the xvestsideUftutationoff and hold sewer |nthe gravity lines (15inch and 24inch) while the
valves on the parallel 10/12 inch forcema3m were opened. There was available capacity in 24 inch line
gravity line at the |iftutatiun that was being installed for another industry that is slated to begin
operations inMarch.
The weatside |#tsta¢ipn has two parallel sections offorcema|n from the Crest Uftstathon to the First
Broad VVVVTP. The original line installed was a 108& 12 inch [900 PVC line that was installed around
1999. In 3000, a new 16 inch ductile line was installed from the Crest Ufstmtion*mthe Sam Lattimore
area where it tied back into the 12 inchC9DB line. In 2018the City installed another parallel section
from College (beyond spill location) and required the installation of Protecto4O1 coated ductile iron
Around the Sam Lattimore area is the highest point along the route tothe WWTP and at this point
portion of the lines are drained through gravity action to the VVVVTP even though the lines are
considered foroernains. When this happens, a large section of the unprotected DIP fo,cemain is being
exposed to corrosive hydrogen sulfide gas that is essentially trapped. Looking through the
specifications, the engineer specified higher pressure ductile iron pipe for the line from lift station to just
beyond 1050 Sam Lattimore Road at the College Road intersection; however they did not require a

protective coating product such as Protecto 401. The last 1,300 feet before you get to College is the
area that is subjected to the corrosive conditions because of drainage. See the attached map, from
College Avenue to the treatment plant is constructed with coated and pvc lines.
The wall thickness of the line has been severely degraded by the hydrogen sulfide. Contract crews
replaced a section of line roughly 20 feet in length. Since this break, the City has utilized an engineer to
review the design and help determine a scope for replacement of the forcemain. It was critical to
determine how much of the line would need to be replaced. Our engineer provided a recommendation
of 1,300 feet of replacement of either C900 or epoxy coated ductile pipe, Bids were received on January
24, 2019 and construction is set to begin in the coming weeks with a contract completion time of March
15, 2019.
The spill at 2034 Sam Lattimore Road on December 30th was reported to the City at 10:27am on
December 30, 2018. Sewer crews responded and were on the scene by 11:15pm and had the spill
corrected by 12:10pm. This spill was on the 10" forcemain that was put into service during the break of
the 16" forcemain the previous night. With lower flows the City has been able to utilize only the 16"
forcemain. An air release valve isolation valve broke and was replaced by City crews. City replaced the
valve with a stainless steel isolation valve. The ARV was a newer unit. With the upcoming forcemain
replacement, the City will also replace isolation valves on all remaining air release valves including the
isolation valves.
Preventative Maintenance activities are performed by the City of Shelby. in review of our records, the
following information is provided:
Maintenance history — Line was installed in 2009. Air release valves are checked every 6
months, The air release valve had been replaced but the isolation valve had not. City replaced
the isolation valve at the time of the spill.
No other breaks have occurred on the forcemains.
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 — 1050 Sam Lattimore - 48,000 gallons; 2034 Sam Lattimore - 4,150 gallons
• Volume reaching surface waters — 1050 Sam Lattimore - 48,000 ons; 2034 Sam Lattimore
- 500 gallons
• Duration and gravity —
1050 Sam Lattimore — 2 hours
Because of this area flowing by gravity to the WWTP only a small portion of the pumped flow
was spilling
2034 Sam Lattimore — 1 hour 43 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,
wwwsitrattP

History of spills —
1050 Sam Lattimore - One additional noiQ occurred on October 11, 3018. City, began
evaluating the situation immediately with onengineer.
2034Sam Lattimore — This was the first spill atthis location.
°Cost wfrectifying damage —
Nu environmental damage was identified requiring rmmed|atinn. City staff utilized a
contractor assist with the repairs tothe fo,cemainand utilized City staff for cleanup and
lime application.
•|mten*ionw spill —
These overflows were not intentional and were a result of material specification and
corrosion. City will place line with corrosion resistant line.
isolation valve was replaced with stainless steel valve and the other isolation valves will be
upgraded aswell.
°Mmney saved bymun-wonmpQance—
Nornoncyovassauedbythisnon-cpmphance. This line was installed in20t9and the City
did not have any indication of corrosion in the line. The City will replace the uppersect�on
of the line from the high point to the transition to epoxy coated pipe. A forcemain crossover
will also beincluded for atotal price nfaround $190,00(l Work isscheduled tobegin when
materials arrive,
VVerecognize the requirements ofour wastewater collection system permit and the importance hothe
environment and public health in the preventing sanitary sewer overflows. The City ofShelby had no
idea this line was on the verge of failure from corrosion, particularly since this line was, placed into
service im2O09. The older forcemain was forced into 5ervice to help reduce the overflow potential with
the forcemooin break on the 16 inch <ime. The air release valve was new but the City did not know that
the isolation valve had corroded. The City replaced the valve and will be rop|edn8 the other isolation
valves on the 10 inch force main in the coming weeks. The City has quickly developed a replacement
plan for the plan for this section of line and the contractor has begun to order materials and anticipates
completion byMarch l6m.
In response to the Oty'sactions to correct the problems both short and long term and considering the
fact that these areas have not been reoccurring problems for a significant amount of time, the City
requests that NCDEQ withhold the issuance or a civil penalty assessment for the subject spills.
Please contact me at anytime regarding any further information urquestions you might have regarding
this issue. | can bereached at 7O4'669-6570or .
UevidHux
Water Resources Director
cc: Rick Howell; City Manager
Brad Greene; Plant Operations Superintendent
Mark Swink; Field Operations Superintendent

ROY COOPER
dowynce
MICHAEL S. REGAN
Sec few y
LINDA CULPEPPER
&MON"
,4stAlt,
NORTH CAROLINA
Environmental Clostity
CERTIFIED MAIL: 7016 1370 0000 2591 1629
RETURN RECEIPT REQUESTED
February 01, 2019
Rick Howell, City Manager
City of Shelby
PO Box 207
Shelby, NC 28151-0207
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tradclog No.: NOV-2019-DV-0085
Sanitary Sewer Overflows - Decerriber 2018
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 Reportls submitted by
City of Shelby. The Division's Mooresville Regional Office concludes that the City of Shelby violated Permit
Condition r (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
Vol Water
Cause (Gals) (Gals) DWR Action
Incident
Number
Start Duration
Date (Mins) Location
201803680 12/17/2018
201803714 12/20/2018
201803810 12/29/2018
39 1121 5. Morgan St.
27 1302 Kings Rod
µ---
Grease 195
Debris in line
100 No Action
135 135 No Action
120 1050 Sam Lattimore R. Pipe Failure (Break) 48,000
48,000 Notice of Violation
viol Intent to Enforce
Nonn Cuot na 0frponnwrit of Env rparrentat QUO ly DLvsan *I Witt{ Resovroes
Mowers, it e(itl Off 0. I 610 Eva Center Avs nut Si. 301 I Woortav,Nortli Caro na 26115
7041,63-16991

incident
Number
Duration
(Mins) Location
201803811 12/30/2018 103 2304 Sheriff Allen Rd. Other
Total Vol
Total Surface
Vol Water
(Gals) (Gels) DWR Actio
4,150 500 Notice of Violation.
This Notice of Violation / Notice of Intent t 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.
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 W. Corey Basinger with the Water Quality Section
in the Mooresville Regional Office at 704-663-1699 or via email at [e-mail],.
Sincerely,
oocusigned by:
A14CC681 AF27425...
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
North Ciro, Depenmen9ofEnylon rnente,Quill t i D esenofWaterResources
Mooresr=e Rerone',Office i 610 Ea* Center Avenue, Sul.3011 MooreswerNonhCeroF°ne 28118
7'04 E.63-1&99

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Remission Request Summary and Recommendation
To: john Hennessy
.From: Christyn Fertenbanh
Assessed Party: City of Shelby
Case No.: DV-2019-0154
Case Background and Assessment
Date: 03/3/2020
County: Cleveland
Permit No:: WQCS00037
2002 DWR issued Permit WQCS00037 to City of Shelby
1212019 City of Shelby was assessed a civil penalty of S62-18 ($50
en lo rcem nt costs):
Region: MR()
penalty plus SA:Z4.,83
S500.00 for 1 of I violation of G.S. 143-215.1 (a)(6) and System Wide Collection System
permit WQCS00037 by discharging wastewater into the waters of the State without a valid
permit in September 2019.
Remission Request (Summary)
/17/2019 Remission request received
2/4/2020 Remission decision Will he signed
City of Shelby states that the spill was not due to negligence on behalf of the City and that the
City's response to the spill was timely and appropriate. The civil penalty assessment is also not
consistent with a similar issue in the Town of Kingstown in 2018 where a fine was not levied.
City of Shelby requests remission based on the following remission factors:
.VOTE,- Air flux did not specif these re,sponses individually, this is tny organization of their responses
into the actors identified.
vhether one or more of the civil penalty assessment factors were wrongly applied to the
invent of the petitioner
Permittee „States: The City of Shelby contends that they were not negligent in their responsibilities as
owner/operator and believes that the State's fine is not justified based upon the structural integrity of the
nc itself, the City's response time.. and the City's ability' to divert flows to a parallel line to stop
discharge. This spill was the first in this area and was not a line failure. this spill was caused by a flush
valve connection blowing a part. This was not due to in type of negligence oldie City, the City has not
encountered any previous line breaks on the :10/12- force main. The City states that the civil penalty
assessment is. also not consistent with 1similar issue in the 'low° of Kingstown in 2018 where a fine was
rev 2U 2Q 5

R Response:
(b) the vjolatt
Pe rinittee States:
up v4'Itl
upgrade
1)'I4'R Response:
Enforcement History
r
bated confirm
iironmental damage resulting from the'v°iolation
np et ° i the r pair �.af'ttais iita it
earl i a t °cap° :tnei tlae surge
completed up and s tea the
co ara to
low to a parallel farce
sits in t
hided installation of
f a break. The
p the disc
gineer. 1
" nprove
DV-2019-0050 for violations in December 2018: Discharge without a valid permit - paid
DV-2018-0054 for violations in April 2018: Discharge without a valid permit - paid
DV-2016-0040 for violations in December 2015: Discharge without a valid permit - paid
DV-2OI5-0010 for violations in August 2014: Discharge without a valid permit - paid
4 other cases dating back to 2008
Recommendation from Regional Office and Central Office
DW R MRO Regi
Request Denied
Full Remission
Partial Remission
DWR Central
Request Denied
Full Remission
Partial Remission
Office Recommendation (Check One)
LI
e
r
(stain Enforce e t. Costs? Yes
(enter amount)
1da'tteln (Cheek 0
Retain Enforcement Costs? Yes
nt

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2019-0154 Region: Mooresville County: Cleveland
Assessed Entity: City of Shelby Permit: WQCS00037
Z (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Pernnnee States; The City of Shelhy. contends that they were not negligent in their responsibilities its
owner/operator and believes that the State's fine is not justified based upon the structural integrity of
the line itself, the City's response time, and the City's ability to divert flows to a parallel line to stop
discharge. This spill was the first in this area and was not a line failure. this spill was caused by a
flush calve connection blowing a pail, This was not due to any type of negligence of the City, the
City has not encountered any previous line breaks on the 10/12" fi)ree main. The City states that the
civil penalty assessment is a ISO not consistent with a similar issue in the Town of Kingstown in 2018
where. a fine as not levied,
Mil? Response: \\ rilkal doemclanoir ,ind photos support the perinince's statements re,Llarillna iH
,:anscl Ie piH 114 lft tvvit,n, also coulnincd Mat aslinilar issue On the Fowl] of kingsiow,n
,nlf n.-adla,n1 M no kn‘d rat for similar SSO olume and '(..-atise_
(b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Perminee States:. The City of Shelby quickly diverted flow to a parallel force main to stop the
discharge, and followed up with an inspection of the operating conditions of thc system with their
engineer. The City was responsive and completed the repairs of this line in a timely fashion to
mitigate the spill. The AR V.s th.at had been replaced earlier last year and the surge valve and operating
pressures are all working in design conditions. 'Fhe City., completed upgrades to the l i0 station and
force main in 201.9 to improve performance of the .system. The improvements to the force main
included installation of a new section of force main and the ability to separate the parallel force mains
in the event of a break, The City also upgraded all air release valves on both lines,
DRIB Response: W rideo documentation demonstrated that the permlttce pnmiptly alxited
Ii\daniage kcsniting. from the violation,
(c) 'Whether the violation was inadvertent or a result of an accident:
(d) Whether the. violator had been assessed civil penalties for any previous violations:
(e) Whether payment of the civil penalty will prevent payment for the remaining
necessaryremedial actions:
DECISION (Check One)
Request Denied [1
Full Remission Ei Retain Enforcement Costs? Yes Li No II
Original Penalty (without Enforcement (osts)
Partial Remission Li /0 or $
10
47-
(enter amount)
amount remitted)
Subtotal
Retaining Enforcement Costs
Total Revised Assessment
S. „„ iel Smith Date

V
Remission Request Summary and Recommendation
lo: John Hennessy
From: Christen Fertenbaugh
Assessed Part‘: City of Shelby
Case No.: DV-2019-0154
Case Background and Assessment
Date: 01/21/2020
County: Cleveland
Permit No.: WQCS00037
2002 DWR issued Permit Vs to City of Shelby
Region: MR0
12/7019 City of Shelby was assessed a civil penalty' of S(i24.83 ($500.00 civil penalty plus St24.8,3
enforcement costs):
S500.00 for 1 of 1 violation of G,S. 143-215.1 (a)(6) and System Wide Collection System
permit WQCS00037 by discharging wastewater into the waters of the State without a valid
permit in September 2019.
.Remission Request (Summary)
1241-7120)9 Remission request received
/2/4/2020) Remission decision will be signed
City of Shelby states that the spill was not due to negligence on behalf of the City and that the
City's response to the spill was timely and appropriate. The civil penalty assessment is also not
consistent with a similar issue in the Ton of Kingstown in 2018 where a fine was not kyle&
City of Shelby requests remission based on the following remission factors:
NOTE: :Air. fins did not ,speetli, these response,s thii organization of their responses
into the factors identified
(a) whether one or more of the civil penalty assessment factor's were wrongly applied to the
detriment of the petitioner
Permittee States: 'The City of Shelby contends that they were not negligent in their responsibilities as
owner/operator and believes that the State's fille IS flOtitiStilied based upon the structural integrity of the
line itself, the City's response time, and the City's ability to divert -flows to a parallel line to stop
discharge: This spill was the first in this area and was not a line failure, this spill was caused by a flush
valve connection blowing a part. This was not due to any type of negligence of the City, the City has not
encountered any previous line breaks on the 10112- force main. The City states that the civil penalty
assessment is al:SO IlOt C01:1SiSient, with a similar issue in the Town of Kingstown in 2018 where a fine was
rev 2,0-5,29 18

e C 244
/tr.-1,54_ (A-4 7 6-4 -4( 2,, ,iirLD
not levied,
D WI? Respemse:
(b) the violator promptly abated continuing environmental damage resulting from the violation
Permitter States: 'Ihe City of Shelby quickly diverted flow to a parallel force main to stop the dischrge,
and I'M lowed op with an inspection of the operating conditions °fate system with their engineer. The City
was responsive and completed the repairs of this line in a timely fashion to mitigate the spill,. The ARVs
that had been replaced earlier last year and the surge valve ind operating pressures are all working in
design conditions, 'Ihe City completed upgrades to the lift station and force main in 201.9 to improve
performance of the system. The improvements to the force main included installation of a new section of
force main and the abilityto separate the parallel force mains in the event of a break.. The City also
upgraded ail air release valves on both lines.
OUR Response:
Enforcement History.
• DV-2019-0050 for violations in December 2018: Discharge without, a valid permit - paid
• DV-201841054 for violations in April 2018: Discharge without a valid permit - paid
• DV-2016-0040 for violations in December 2015: Discharge 'without a valid permit - paid
• DV-2015-00.1.0 for violations in August 2014: Discharge witho .t a valid permit - paid
4 other cases dating back to 2008
Remission Recommendation from Regional Office and Central Office
•
.DWR MR() Regional Office Recommendation ((heck One)
Request Denied
Full Remission El Retain Enforcement Costs'? Yes [1 No El
Partial Remission 11 S (enter amount)
• DWR Central Office Recomm
Request Denied
Full Remission
Partial Remission
.dation (Check One)
Retain Enforcement Costs? Yes
(enter amount)
No Ei

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case .Number: DV-2019-0154 Region: Moor
Assessed Entity: City of Shelby
a
the dear
Perirreltee States
ovv nerloperator aan
the line itself,
discharge,
flush valve eu
City has not err
Permit: WQCS00037
County: Cleveland
her one or more of the civil penalty assessment factors were wrongly applied to
the petitioner:
DW Resjiofrse:
as the
Shelby contends that tl
State's fine is not
e, atrail ti'rv:. C*itr's ability
oaks on th
based uiton the
divert fllvv's t
f Kingstown .i
44,.
o p
(b) Whether the violator promptly abated crrrrtintrring environmental damage resulting
om the violation:
mitigate
pressUres are
rise main in 2019
ad insttallati°
Slates: 'Ihe Cite a:t'Shelby' quickly diverted flow to a parallel
id bellowed up with an inslaeetiort ofthe operatidiitions
s responsive and completed the repairs of't
d earlier last year and the surge vale and operating
mpleted upgrades to the lift station and
The improvements to the force retain
t
t ofa break, The C"atv atlsi rrtat:raded all air release valves on both I
ether the violation was inadvertent or a result: of an accident:
LI (d) Whether the violator had been assessed civil penalties for a previous violations:
(e) Whether payrner
necessary remedial actions:
DECISION (Check One)
0
Retain Enforcement. Costs`?
Request Deniec
Full Remission
Ori;
Partial Rer issior
f the civil penalty will prevent payment for the remaining
l ntorceme
Costs)
(enter ant
curet rem itte-d)
Subtotal

Linda Culpepper

Assessor:
Date:
Violator:
Case #:
NC©EQ - Division of Water Resources
Water Quality Regional Office Operations Section - Mooresville
Sanitary Sewer Overflow Penalty Matrix
incident #:
ASSESSMENT FACTORS G.S. 143B-282.1(b)
Harm:
2. Duration and Gravity o
3. Effect on Water Quantity or Quality:
4. Cost of Rectifying Damage:
5. Amount saved by Noncompliance:
6. Violation was committed willfully or
intentionally:
7. Prior record of failing to comply with
Sanitary Sewer Overflows:
8. Enforcement Costs:
PENALTY AMOUNT: