WQCS00037_Notice of Violation_20230602

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✓• To CITY OF SHELBY
3 PO BOX 207
J s< SHELBY NC 28151-0207
ATTN:RICK HOWELL,CITY MANAGER
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dwr/jh 6/31/23

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CITY OF SHELBY
PO BOX 207
SHELBY NC 28151-0207
ATTN:RICK HOWELL,CITY MANAGER
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Governor i
ELIZABETH S.BISER ` "*�"^" -
Secretary R " `
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
Certified Mail # 7000 0410 0000 7789 5022
Return Receipt Requested
June 2, 2023
Rick Howell, City Manager
City of Shelby
PO Box 207
Shelby, NC 28151-0207
SUBJECT: NOTICE OF VIOLATION &INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2023-DV-0224
Sanitary Sewer Overflows - April 2023
Collection System Permit No. WQCS00037
Shelby Collection System
Cleveland County
Dear Mr. Howell:
A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Shelby. The Division's Mooresville Regional Office concludes that the City of Shelby violated Permit
Condition I (2) of Permit No. WQCS00037 by failing to effectively manage, maintain, and operate their collection
system so that there is no SSO (Sanitary Sewer Overflow) to the land or surface waters and the SSO constituted
making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by
G.S. 143-215.1.
The Mooresville Regional Office is providing the City of Shelby an opportunity to provide evidence and justification
as to why the City of Shelby should not be assessed a civil penalty for the violation(s) that are summarized below:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action
202300755 4/28/2023 240 611 Ronald Dr, Shelby, Severe Natural 30,000 15,000 Notice of Violation
NC, 28152 Condition Intent to Enforce
202300756 4/28/2023 195 703 Hanover Dr, Severe Natural 1,950 975 Notice of Violation
Shelby, NC,28150 Condition
202300757 4/28/2023 300 1120 Ladell Ln, Shelby, Severe Natural 60,000 45,000 Notice of Violation
NC, 28152 Condition Intent to Enforce
Ilin ^l North Carolina Department of Environmentalj Q ry Dhirnn of Water Resoorres
[Jj ' Moomvilk Regional Office hit)East Centerr Amnia Suite Sufte 3 a 01 Morzvdk.Nor ih CarolinaLBRS
wYi.____ r 704.bbi.lb�

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.
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 Joanna Harbison with the Water Quality Section in
the Mooresville Regional Office at 704-663-1699 or via email at oar;r.a.narbiscn,rancdenr.gov.
Sincerely, •
DocuSlpned by:
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Andrew H. Pitner, P.G., 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 Carolina Department of FsNronmeetal Qua":
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RECEIVED/NCDEO/DWR Laserfiche
JUN `h 0 2023
WQROS
MOORESVILLE REGIONAL OF 4
She1bv0
NORTH CAROLIN
Post Office Box 207•Shelby,NC 28151-0207 I k1
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June 14, 2023 m ifir
lia I
Mr.Andrew Pitner,Assistant Regional Supervisor
Division of Water Resources, Mooresville Regional Office
610 East Center Avenue,Suite 301
Mooresville, NC 28115
Re: Notice of Violation
Tracking#NOV-2023-DV-0224
Collection System Permit#WQCS00037
City of Shelby,Cleveland County
Dear Mr. Pitner:
The City of Shelby received the above referenced Notice of Violation with Intent to Enforce regarding
the sanitary sewer overflows that occurred on April 28, 2023, at 611 Ronald Dr., 703 Hanover Dr., and
1120 Ladell Lane. These locations are along our First Broad Outfall which has a history of sewer
overflows related to I&l. These overflows were again due to l&I in the system, however, this time we
had our flow monitoring system in place as set up by Gavel & Dorn Engineering. As mentioned before,
we are working with HDR as part of Asset Inventory and Assessment (AIA) grant on a wastewater
collection system model. Through this project we currently have 10 flow meters in the system. The
location of three of these flow meters coincides with I&I and subsequent sewer overflows that we have
experienced and look to capture I&I events to give us better insight to the issues we have on this outfall.
This rain event was significant. The rain gauge at the WWTP recorded 0.4 inches on 4/26/23 and 4.5
inches on 4/27/23 for a total rain of 4.9 inches.These flow meters are able to record manhole levels and
flow in gallons per minute and although this rain event unfortunately led to sewer overflows, the data
was recorded to help better shape our models to try to fix these issues in the future.
We would like DWR to take into consideration our current actions to monitor and collect data as a
decision is made as to whether a civil penalty should be issued.
Your letter lists ten areas of review in consideration for determining civil penalty amounts for a sanitary
sewer overflow.We have included the following brief responses for each item:
• Volume—30,000 gallons at Ronald Dr./60,000 gallons at Ladell St.
• Volume reaching surface waters—15,000 gallons at Ronald Dr./45,000 gallons at Ladell St.
• Duration and gravity—240 minutes at Ronald Dr./300 minutes at Ladell St.
• Impacts to public health-There were no identified impacts to public health for either spill.
• Fish kills- No fish kills were observed following overflows for either spill.
www.cityofshelby.com