WQCS00037_Remission Request (DV-2023-0095)_20230727

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CLEVELAND
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
City of Shelby )
Shelby Collection System )
)
PERMIT NO.WQCS00037 ) CASE NO. DV-2023-0095
Having been assessed civil penalties totaling$2.278.16 for violation(s)as set forth in the assessment document of the
Division of Water Resources dated June 26.2023,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 support of a remission request will be allowed after(30)days
from the receipt of the notice of assessment.
This the % day of v" (1/ ,20 8-3
iVadi
RECEIVED SIGNATURE
J U L 2 7 2023 ADDRESS
NCDEQIDWRINPDES City of Shelby
PO Box 207
Shelby. NC 28151-0207
TELEPHONE
704-484-6801

ATTACHMENT A
City of Shelby
CASE NUMBER: DV-2023-0095
PERMIT NO: WQCS00037 REGION: Mooresville
FACILITY: Shelby Collection System COUNTY: Cleveland
Other Violations
INCIDENT VIOLATION TOTAL VOLUME PENALTY
NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION (GALLONS) AMOUNT
202300756 4/28/2023 CSO/SSO(Sewer Overflow) Discharge without valid permit 1,950 $0.00
202300755 4/28/2023 CSO/SSO(Sewer Overflow) Discharge without valid permit 30,000 $900.00
202300757 4/28/2023 CSO/SSO(Sewer Overflow) Discharge without valid permit 60,000 $1,250.00

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2023-0095
County: Cleveland
Assessed Party: City of Shelby
Permit No.: WQCS00037 Amount Assessed: $2.278.16
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 civil penalty assessment document);
X (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 future occurrences);
(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 (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:
The City of Shelby continues to work towards reducing sewer overflows. This recent event was due to significant rain and
although it did lead to a sewer overflow, staff were able to follow the trends which led us to check multiple other manholes. The
City is actively looking for overflows to allow us to collect the necessary data now that we can make plans to prevent future
occurrences. As part of our collection system modeling with HDR, we are able to use the flow monitors to get real-time
information. Although this severe rain event led to the listed sewer overflows, it also allowed the engineers to better model the
collection system for high rain events. This information will be used as we make decisions on the best use of funds to reduce
the likelihood of sewer overflows in the future.
The City contends that we were not negligent in our responsibilities as an owner/operator and believe that the State's fine is not
justified based upon the City's ongoing collection system modeling in which the primary outcome is to prevent future
occurrences. We would like the State to take this into account as we work on a long-term solution to sanitary sewer overflows
and overturn this civil penalty.