The URL can be used to link to this page

Home My WebLink AboutWQCS00037_NOV-2022-DV-0352 NOI_202212121. . ' os a ervice CERTIFIED MAIL° RECEIPT Domestic Mail Only; For delivery information, visit our website at' wuvw.usps.come. FFE1 Certified Mall Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ ❑ Certified Mat Restricted Delivery $ ❑ Adult Signature Required $ ❑Adua Signature Restricted Delivery $ Postage Postmark Here ,RICK HOWELL CITY MANAGER .CITY OF SHELBY ;PO BOX 207 `SHELBY NC 28151-0207 I DWR/MM NOV-2022-DV-0352121'i 2(2022 icy uucu rvimr acr vwc NIUVIUca A receipt (this portion of the Certified Mail label). A unique identifier for your mailpiece. Electronic verification of delivery or attempted delivery. A record of delivery (including the recipient's signature) that is retained by the Postal Service' for a specified period. nportant Reminders: You may purchase Certified Mall service with First -Class Mail°, First -Class Package Service°, or Priority Mail° service. Certified Mall service is notavallable for International mail. Insurance coverage is not available for purchase with Certified Mail service. However, the purchase of Certified Mail service does not change the • insurance coverage automatically included with certain Priority Mail items. Far an additional fee, and with a proper endorsement on the mailpiece, you may request the following services: - Retum receipt service, which provides a record of delivery (including the recipient's signature). You can request a hardcopy retum receipt or an electronic version. For a hardcopy return receipt, complete PS Form 3811, Domestic Return Receipt; attach PS Form 3811 to your mailpiece; anc rvuarvvury ucucuw. for an electronic return receipt, see a retail associate for assistance. To receive a duplicate retum receipt for no additional fee, present this USPS®-postmarked Certified Mail receipt to the retail associate. - Restricted delivery service, which provides delivery to the addressee specified by name, or to the addressee's authorized agent. - Adult signature service, which requires the signee to be at least 21 years of age (not available at retail). - Adult signature restricted delivery service, which requires the signee to be at least 21 years of age and provides delivery to the addressee specified by name, or to the addressee's authorized agent (not available at retail). To ensure that your Certified Mall receipt is accepted as legal proof of mating, it should bear a USPS postmark If you would like a postmark on this Certified Mail receipt, please present your Certified Mail item at a Post Office' for postmarking. If you don't need a postmark on this Certified Mail receipt, detach the barcoded portion of this label, affix it to the mailpiece, apply appropriate postage, and deposit the mailpiece. IMPOirrAffi Save this receipt for your records. G G artnn s..,;, ��,� „ame, DCA, 700tin0sntionfl> 1: 11 11.111 I11 ,IIi111 1 f1 ENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ;ICK HOWELL CITY MANAGER ;ITY OF SHELBY 'O BOX 207 ;HELBY NC 28151-0207 IWRIMM NOV 7f 22-DV-n157 1711717077 9590 9402 5030 9063 3774 50 p Articlo w umher ransfer_fromsenticeJabel1 7018 3090 0001 2322 91 COMPLETE THIS SECTION ON DELIVERY A. Signa ure _ c� ❑ Agent ❑ Addresser B. Received by (Printed Name) C. Date of Deliver] D. Is delivery addr different fr•. If YES, enter,.'elivery ad • ress be 3. Service Type I 0 Adult Signature ❑ pdult Signature Restric Certified Mail® i9 0 Priority Mail egistered eti ❑ Registe '+ �`PS D ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery til 82 III Restricted Delivery ? press® ailTM Mail Restrict ' eturn Receipt for Merchandise ❑ Signature ConfirmationT ❑ Signature Confirmation Restricted Delivery DC C...... 4SN 1 I. at/ O(!-I g nevi -scan no nnn nnc' Dnmoc+lr Rc+i irn r7crnini i i USPS TRACKING # q� 9590 9402 5030 9063 3774 50 United States Postal Service First -Class Mail Postage & Fees Paid USPS Permit No. G-10 Fri • Sender: Please print your name, addre% and ZIP+4® it is box• n O NCDEQ DWR MM I;0 nl 610 E CENTER AVE 0 O ,.., m SUITE 301 "aN ' 0 MOORESVILLE NC 28115 1-1 f �'.)13 i�jii,ijiitii�,iil�ill►iiijitl;ijiiiiij�;liil.ililiilli;;l;;lill ROY COOPER Governor ELIZABETH S. BISER Secretory RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality Certified Mail # 7018 3090 0001 2322 9182 Return Receipt Requested December 12, 2022 Rick Howell, City Manager City of Shelby PO Box 207 Shelby, NC 28151-0207 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Trackiing No.: NOV-2022-DV-0352 Sanitary Sewer Overflows - November 2022 Collection System Permit No. WQCS00037 Shelby Collection System Cleveland County Dear Mr. Howell: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by City of Shelby. The Division's Mooresville Regional Office concludes that the City of Shelby violated Permit Condition I (2) of Permit No. WQCS00037 by failing to effectively manage, maintain, and operate their collection system so that there is no SSO (Sanitary Sewer Overflow) to the land or surface waters and the SSO constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-215.1. The Mooresville Regional Office is providing the City of Shelby an opportunity to provide evidence and justification as to why the City of Shelby should not be assessed a civil penalty for the violation(s) that are summarized below: Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWRAction 202201733 11/24/2022 320 1158 Wyke Rd, Shelby, Roots 12,300 12,300 Notice of Violation NC, 28150 Intent to Enforce This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. Nonhcohn.Oepartment or I'nNronmmLd QuhtV l D.vnbn orWaler Rexuraa (fJ �— Aloartsv II 9[91a Oftk blO CoV Cenrcr At'n o.Sule 00 1 lomnt74, Vmh c ro0u 28115 This office requests that you respond to this Notice, in writing, within 10 business days of its receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other actions taken to prevent the recurrence of similar situations. The response to this correspondence will be considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance. If you have any questions, please do not hesitate to contact Michael Mellinger or me with the Water Quality Section in the Mooresville Regional Office at 704-663-1699 or via email at michael.rneilingerOncdenr.aov or andrew.pitnerPncdenr.aov. J Sincerely, cADocuSigned by: Gww H P F161F869A2D64A3... Andrew H. Pitner, P.G., Assistant Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ Cc: Mooresville Regional Office — WQS File e-file Laserfiche E� �or111 Caro6w Department ofEn,ronmensal Quably 1 Daluon Of\Va1R:tes:. n 6loorPnl4 Grgmil 011ke t o10 Eaw Cemrr.lrenu65.sfe 30i I Naarh.9e. Vortn [awina:eRS 70abn3100