WQCS00037_Remission (Request)_20230517

RECEIVED/NCDEO/DWR
MAY 2 6 2023 Laserfiche
WOROS
MOORESVILLE REGIONAL OFFI
he1bvNORTH CAROLINi
Post Office Box 207.Shelby,NC 28151-0207
May 17, 2023 .7.is,,
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
Case No. DV-2023-0065
Collection System Permit#WQCS00037
City of Shelby,Cleveland County
Dear Mr. Pitner:
Attached you will find the Justification for Remission Request for Case Number DV-2023-0065.The City
believes we responded appropriately to halt the spill and immediately proceeded to develop a project
scope and secure funding to have the sewer in the neighborhood replaced. Construction for this project
has been awarded with work set to begin in July 2023.The City hereby requests waiver of the penalties
and enforcement cost of this case.
Please contact me anytime regarding any further information or questions you might have regarding this
issue. I can be reached at 704-669-6552 or [e-mail]
Sincerely,
S4IC.I1.- 6t/ i1,
Brian Wilson
Water Resources Operations Manager
cc: Rick Howell; City Manager
Ben Yarboro;Assistant City Manager—Operations
Certified Mail: 7013 2250 0001 6246 9592

RECEIVED/NCDEQ/DWR
JUSTIFICATION FOR REMISSION REQUEST MAY 2 6
WQRS
MOORESVILLE REGIONAL OFFICE
Case Number: DV-2023-0065 County: Cleveland
Assessed Party: City of Shelby
Permit No.: WQCS00037 Amount Assessed: $878.16
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);
(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:
As outlined in the City's response documentation, the City of Shelby was responsive and completed
the repairs of this line in a timely fashion to mitigate the spill. Given that this was a complete collapse
of the sewer line and the City repaired the line within 12 hours of the call we feel that our response
was prompt and complete. Further, the City then evaluated the area and moved forward with plans to
replace over 1,000 feet of line, 11 manholes and make needed point repairs. Bids were received on
May 11th, 2023, and the project is expected to be completed by the end of August 2023.
The City contends that the City was not negligent in our responsibilities as an owner/operator and
believes that the State's fine is not justified based upon the City's response to fully repair the line.

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-2023-0065
Having been assessed civil penalties totaling$878.16 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated April 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 1" 1 day of 2023
SIGNATURE
ADDRESS
City of Shelby
PO Box 207
Shelby, NC 28150
TELEPHONE
704-484-6840