WQ0003299_Remission (Request)_20240319

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RECEIVED/NCDEQ/DWR
MAR 2 2 2024
WQROs
MOORESVILLE REGIONAL OFFICE sheib
NORTH CAROLINy
Post Office Box 207 Shelby,NC 28151-0207 £L1
March 19, 2024
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-2024-0021
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-2024-0024.
Please contact me anytime regarding any further information or questions you might have regarding this
issue. I can be reached at 704-669-6570 or [e-mail]
Sincerely, )a e
m.
Brian Wilson
Water Resources Operations Manager
cc: Rick Howell; City Manager
Ben Yarboro;Assistant City Manager—Operations
Certified Mail: 7015 1730 0001 6588 2680
www.cityofshelby.com

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 reiate 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 requests remission of the civil penalty received on February 26, 2024. We believe that by
being in the active process of abating SSO's on this outfall a civil penalty should not be levied to the City.
With our First Broad Outfall Improvement Project we are actively working towards mitigating occurrences
for Ladell Lane, Charles Road, and Ronald Drive, which are part of the First Broad River Outfall. The civil
penalty of$7,098.97 seems excessive given that the spills that occurred on December 26&27 were a
direct result of rainwater inflow and infiltration and that an overwhelming majority of the water that spilled
on the ground was rainwater, leading to no known environmental damage requiring remediation.The City
understands that no sewer should spill, rainwater or not, but given the progress the City is making on this
outfall we believe the penalty is too severe. Seven-thousand dollars would allow us to find and repair more
I & I issues. Please consider that Shelby is making considerable progress towards SSO's on the First Broad
Outfall and l&I improvements throughout the City and rescind the civil penalty.

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-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 20.2024,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 19th day of March ,20 24
6._.fit SIGNATURE
ADDRESS
City of Shelby
P.O. Box 207
Shelby, NC 28151
TELEPHONE
704--484-6840

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