WQCS00037_Remission Request (DV-2024-0021)_20240405

DocuSign Envelope ID:4EF30215-71 F3-tE78-958D-3C95F3663A88
ROY COOPER
Governor ;;•
ELIZABETH S. BISER
Secretary 4 a
RICHARD E. ROGERS,JR.
Director NORTH CAROLINA
Environmental Quality
April 5, 2024
CERTIFIED MAIL 7019 1 120 0001 4877 7106
RETURN RECEIPT REQUESTED
Mr. Rick Howell, City Manager
City of Shelby
P. O. Box 207
Shelby,NC 28151-0207
Subject: Remission Request of Civil Penalty Assessment
Collection System Permit WQCS00037
City of Shelby Collection System
Cleveland County
Case Number DV-2024-0021
Dear Mr. Howell:
The Division of Water Resources has considered the information submitted in support of your request
for remission in accordance with G.S. 143-215.6A(f) and remitted $6,200.00 of the $7,098.97 total
penalty assessment. The revised amount due is $898.97, which includes $148.97 in investigative costs.
A copy of the remission decision is attached.
Two options are available to you at this stage of the remission process:
You may pay the revised penalty of$898.97.
If you decide to pay the penalty, please make your check in the amount of$898.97, payable to the
Department of Environmental Quality (DEQ). Send the payment within thirty (30) calendar days of
your receipt of this letter to the attention of:
Ms. Wren Thedford
NC DEQ-DWR—Water Quality NPDES Permitting Branch
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
You may decide to have the Environmental Management Commission's (EMC's) Committee on
Civil Penalty Remissions make the final decision on your remission request.
D_E North Carolina Department of Environmental Quality Division of Water Resources
���/// 512 North Salisbury Street 11617 Mail Service Center I Raleigh North Carolina 27699-1617
T +�� /' 919.707.9000

DocuSign Envelope ID:4EF30215-71 F3-4E78-958D-3C95F3663A88
Mr. Rick Howell
Case DV-2024-0021 DWR Remission Decision
p. 2
If payment is not received within 30 calendar days from your receipt of this letter, your request for
remission with its supporting documents, and the recommendation of the Division of Water Resources
will be delivered to the Committee on Civil Penalty Remissions for a final agency decision.
You have the option of presenting your request in person to the Committee on Civil Penalty
Remissions. If you or your representative would like to speak before the Committee, you must
complete and return the attached Request for Oral Presentation Form within thirty (30)calendar days
of receipt of this letter. Send the completed form to:
Ms. Wren Thedford
NC DEQ-DWR—Water Quality NPDES Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Please be advised that if an in-person presentation is not requested, the Committee's decision regarding
your remission request will be based upon the written record.
Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission
decision based on the original assessment amount. Therefore, the Committee may choose to
uphold the original penalty amount and offer no remission, it may agree with the Division of
Water Resources' remission recommendation detailed above, or the penalty amount may be
further remitted.
Thank you for your cooperation in this matter. If you have any questions, please contact Bob Sledge at
919-707-3602, or via e-mail at [e-mail].
Sincerely,
oocusigned by:
8328844CE9E84A1...
John E. Hennessy, Section Chief
Water Quality Regional Operations Section
Division of Water Resources
Attachments
ec: Laserfiche Files (MRO)

DocuSign Envelope ID:4EF30215-71F3-4E78-958D-3C95F3663A88
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2024-0021 Region: Mooresville County: Cleveland
Assessed Entity: City of Shelby Collection System Permit: WQCS00037
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
• (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
Permittee States: The City states the SSOs that were the subject of the assessment resulted from a significant rainfall
event that affected the area. Most of the cited SSOs occurred within a portion of the collection system that has been
targeted for upgrade per the City's First Broad River Sewer Outfall Improvement Project.The City contends the
majority of the SSOs' volume resulted from I&l and did not require remediation. It asks that funds be devoted to 1&I
reduction,as opposed to payment of penalties.
DWR Response:DWR agrees that the City's collection system was impacted by a significant rain event on December
25-26, 2023 that led to the occurrence of most of the cited SSOs. DWR further recognizes the work the City has done
and is actively engaged in to improve the First Broad River Sewer Outfall and reduce MI-related SSOs. DWR
chooses to retain the civil penalty assessed for the SSO that occurred off of Johnsfield Drive, which was of a different
nature than those occurring near the First Broad River Sewer Outfall.
❑ (c) Whether the violation was inadvertent or a result of an accident:
Approximately 4.5 inches of rain fell in the area within a 36-hour period.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
Seven prior civil penalties were assessed against the City for SSOs within five years of this assessment.
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions:
DECISION
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Partial Remission ® $6,200.00 DocuSipned by:
4/9/2024
8328B44CE9EB4A1...
John E. Hennessy, Section Chief Date
Water Quality Regional Operations Section
Division of Water Resources

DocuSign Envelope ID:4EF30215-71 F3-4E78-958D-3C95F3663A88
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF CLEVELAND DWR Case Number DV-2024-0024
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
)
City of Shelby )
City of Shelby Collection System )
I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty
Remissions in the matter of the case noted above. In making this request,I assert that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or
denied.
• Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh,
North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my original remission request,and because
no factual issues are in dispute,my presentation will be limited to five(5)minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at
quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on
Remissions are quasi-judicial.You should consider how you intend to present your case to the Committee in light of the State Bar's
opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your
representative would like to speak before the Committee,you must complete and return this form within thirty(30)days of receipt of
this letter.
Depending on your status as an individual,corporation,partnership or municipality,the State Bar's Opinion affects how you may
proceed with your oral presentation. See www.ncbar.com/ethics,Authorized Practice Advisory Opinion 2006-1 and 2007 Formal
Ethics Opinion 3.
• If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee,
then you do not need legal representation before the Committee;however,if you intend on having another individual speak
on your behalf regarding the factual situations,such as an expert,engineer or consultant,then you must also be present at the
meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law.
• If you are a corporation,partnership or municipality and are granted an opportunity to make an oral presentation before the
Committee,then your representative must consider the recent State Bar's Opinion and could be considered practicing law
without a license if he or she is not a licensed attorney. Presentation of facts by non-lawyers is permissible.
If you choose to request an oral presentation,please make sure that signatures on the previously submitted Remission Request form
and this Oral Presentation Request form are: 1)for individuals and business owners,your own signature and 2)for corporations,
partnerships and municipalities,signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of
law.
Also,be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee
is informed that a potential violation of the statute concerning the authorized practice of law has occurred.
This the day of ,20
SIGNATURE
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ADDRESS
TELEPHONE( )
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