WQ0003299_Civil Penalty Assessment_20240221

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CITY OF SHELBY
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SHELBY NC 28151-0207
ATTN: RICK HOWELL, CITY MANAGER
dwr/jh 2/21/24

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PO BOX 207
SHELBY NC 28151-0207
ATTN: RICK HOWELL, CITY MANAGER
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ROY COOPER i i, e #
Governor 'N.
ELIZABETH S.BISER .4:ftst n v00=
Secretory
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
Certified Mail#7015 1520 0002 8376 1367
Return Receipt Requested
February 21, 2024
Rick Howell, City Manager
City of Shelby
PO Box 207
Shelby,NC 28151-0207
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6)
and Collection System Permit No. WQCS00037
City of Shelby
Shelby Collection System
Case No.DV-2024-0021
Cleveland County
Dear Mr. Howell:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$7,098.97($6,950.00 civil penalty
+$148.97 enforcement costs)against City of Shelby.
This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow(SSO)
5-Day Report submitted by City of Shelby. This review has shown the subject facility to be in violation of the requirements
found in Collection System Permit No. WQCS00037 and G.S. 143-215.1(a)(1). The violation(s)that occurred are
summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that City of Shelby violated the terms,conditions or requirements
of Collection System Permit No. WQCS00037 and G.S. 143-215.1(a)(1)in the manner and extent shown in Attachment A.
In accordance with the maximums established by G.S. 143-215.6A(a)(2),a civil penalty may be assessed against any
person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
�a oar
�� North Carolina ion artmem of Environmental QAvOnu I 1te 301 of water ollk.N rt
Morth vllk Regional Office 16t0 Fast Center Avenue.Suite]OI I Moorcsvllk.North Carolina 28115
9..` 704.663.1699

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Based upon the above findings of fact and conclusions of law,and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources,I,Andrew
H.Pitner,Regional Supervisor,Mooresville Regional Office hereby make the following civil penalty assessment against City
of Shelby:
$6.950.00 For 4 of the 5 violations of Collection System Permit No.WQCS00037 and G.S. 143-215.1(a)(1)for
Sanitary Sewer Overflow(s)resulting in a discharge without a valid permit.
$6.950.00 TOTAL CIVIL PENALTY
$148.97 Enforcement Costs
$7,098.97 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c),in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health,or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority;and
(8) The cost to the State of the enforcement procedures.
Within thirty(30)days of receipt of this notice,you must do one of the following:
(1) Submit payment of the penalty,OR
(2) Submit a written request for remission,OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality(do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

q
Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
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. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted,and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved,the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations;or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status,directions for payment,and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form within thirty(30)days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for
Remission Request."
Both forms should be submitted to the following address:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
AND
Andrew H. Pitner,P.G.,Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources,NCDEQ
610 East Center Avenue, Suite 301
Mooresville,NC 28115

�
Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty(30)days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m.and 5:00 p.m.,except for official state
holidays. The petition may be filed by facsimile(fax)or electronic mail by an attached file(with restrictions)-provided
the signed original,one(1)copy and a filing fee(if a filing fee is required by NCGS §150B-23.2)is received in the
Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process. •
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh,NC 27699 6714
Tel: [phone]
Fax: [phone]
One(1)copy of the petition must also be served on DEQ as follows:
Mr.William F.Lane,General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter)on the petition.
Failure to exercise one of the options above within thirty(30)days of receipt of this letter,as evidenced by an internal
date/time received stamp(not a postmark),will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions,please contact Joanna Harbison with the Division of Water Resources staff of the Mooresville
Regional Office at(704)663-1699 or via email at ioanna.harbison(a,deq.nc.gov.
Sincerely,
..—DocuSigned by:
A 4ntw 11 P4.4.14
—F161FB69A2D84A3...
Andrew H.Pitner,P.G.,Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources,NCDEQ
ATTACHMENTS
Cc: WQS Mooresville Regional Office-Enforcement File
PERCS Compliance/Enforcement Unit-Enforcement File

r
JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2024-0021 County: Cleveland
Assessed Party: City of Shelby
Permit No.: WQCS00037 Amount Assessed: $7,098.97
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:

•
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CLEVELAND
IN THE MA ITER 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-2024-0021
Having been assessed civil penalties totaling$7.098.97 for violation(s)as set forth in the assessment document of the
Division of Water Resources dated February 21.2024,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 ,20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
City of Shelby
CASE NUMBER: DV-2024-0021
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
202301755 12/26/2023 CSO/SSO(Sewer Overflow) Discharge without valid permit 51,750 $0.00
202301747 12/26/2023 CSO/SSO(Sewer Overflow) Discharge without valid permit 333,000 $2,500.00
202301742 12/26/2023 CSO/SSO(Sewer Overflow) Discharge without valid permit 480,000 $2,900.00
202301746 12/27/2023 CSO/SSO(Sewer Overflow) Discharge without valid permit 10,500 $750.00
202301749 12/27/2023 CSO/SSO(Sewer Overflow) Discharge without valid permit 22,500 $800.00

DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT
Violator: City of Shelby
Facility Name: Shelby Collection System
Permit Number: WOCS00037
County: Cleveland
Case Number: DV-2024-0021
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State,to the public health,or to private
property resulting from the violation;
Harm was not documented;however,the unpermitted discharge of untreated wastewater has the potential to adversely
impact natural resources,public health and private property.
2) The duration and gravity of the violation;
As documented in Attachment A.
3) The effect on ground or surface water quantity or quality or on air quality;
Effects were not documented; however,the unpermitted discharge of untreated wastewater has the potential to adversely
impact surface water quality.
4) The cost of rectifying the damage;
Costs were not documented for the incident.
5) The amount of money saved by noncompliance;
Money was not saved by noncompliance.
6) Whether the violation was committed willfully or intentionally;
There is no evidence suggesting that Shelby acted willfully or intentionally in regard to the incident.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
Shelby reports and addresses SSOs.
8) The cost to the State of the enforcement procedures.
$148.97
E14.1.4Lw
DocuSigned by:
2/21/2024 A;
H ued
F161 FB69A2D84A3...
Date Andrew H.Pitner,P.G.,Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources,NCDEQ