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HomeMy WebLinkAboutWQCS00037_Other Correspondence_201806051V4d,NC0�NR,tMif� Shell NORTH CAROLI JUN 7 2018 Post Office Box 207 - Shelbv. NC 28151-0207 WOROS June 5, 2018 MOORESVILLE REGIONAL OFF(M Mr. Corey Basinger, Regional Supervisor Division Water Resources/Water Quality Section 610 East Center Avenue, Suite 301 Mooresville, NC 28115 Re: Notice of Violation & Intent to Issue Civil Penalty Tracking NNOV-2018-DV-0149 Collection System Permit #WQCS00037 City of Shelby, Cleveland County Dear Mr. Basinger: The City of Shelby received the above referenced Notice of Violation on May 25, 2018 for the sanitary sewer overflow that occurred on 4/21/2018 at 1700 Wesson Road. The spill was discovered by the City of Shelby Field Operations while investigating the main outfalls due to a call from the WWTP that flow was dropping off at the influent. Crews discovered a spill at 1:30pm on the First Broad Outfall, located behind on the property at 1700 Wesson Road. Crews quickly mobilized a rodding crew to the site and began cleaning the line to eliminate the overflow and remove the partial blockage. Crews determined that the cause of the spill was root related. As noted in the City's spill response report, this is the first spill at this particular location. Over the past few years we have put an emphasis on the City's larger diameter outfalls. In fact, the City purchased an acoustic testing device in an effort to assist with the evaluation of outfalls. City crews evaluated this area on 3/15/2015 and did not identify any problems. This area was tested again on 3/14/2016 and a partial blockage was found on one section of this outfall. This was not spill related and the blockage was promptly removed. Overall, the City has performed acoustic testing on the major outfalls from the plant back to where the smaller sub -basin lines tie in. In the process, City crews have completed some rodding, jetting and even bucket cleaning to ensure that lines are clear of potential blockages. In response to this spill, the City of Shelby has identified this area in the City's GIS system as "High Priority Lines". City crews will perform annual acoustic testing of this area and will document the inspection and any required and completed cleaning within the GIS system. This list of high priority lines is in addition to the aerial crossing list that is maintained by the City. Your letter lists ten areas of review in consideration for determining civil penalty amounts for a sanitary sewer overflows. We have included the following brief responses for each item: www.cityofshglby.com • Volume — 52,500 gallons • Volume reaching surface waters — 39,375 gallons • Duration and gravity — Once spill was located, Crews rectified the spill within 105 minutes. • Impacts to public health - There were no identified impacts to public health. • Fish kills - No fish kills were observed following this overflow. • Recreational area closures - No recreational areas were closed due to this overflow, • History of spills — Our sanitary spill records do not indicate a previous reportable spill at this location. This is the first root related reportable spill since 2015. The City operates a proactive maintenance program, since 2010 the City has invested in additional equipment and also hired additional personnel to improve our preventative maintenance program. The City has continued to improve spill performance as shown below. Total spills are down from 19 in 2011 to 3 In 2017. This spill was the first caused by roots since 2015. The City continues to inspect the sewer system through in-house and contracted services for potential problems and has drastically improved our environmental compliance by conducting repairs/improvements in critical and strategic locations. It 20: ill 2012 CITY OF SHELBY - SEWER OVERFLOWS 2018 DATA AS OF MARCH 3, 3018 •Total Spills •Rain/131 •Gteau •Roots •Debris •Failure 2013 2014 2015 2016 2017 www.ciiyofshelby.com 2018 2019 2018 DATA AS OF 6/4/2018 • Cost of rectifying damage - No environmental damage was identified requiring remediation. City staff utilized our forces to provide perform evaluation services and cleaning. Crews provided a clean-up of the spill area and limed the area around the manhole. • Intentional spill -This overflow was not intentional and was caused by a root ball that collected debris. • Money saved by non-compliance - No money was saved by this non-compliance. The City of Shelby was awarded an Asset Inventory and Assessment Grant in the amount of $150,000 from the State of North Carolina Division of Water Infrastructure in 2017. Some of the larger outfalls up stream of this area were targeted; however this area is below the old City limits area. The City is considering using operational funds after July to better investigate high priority sections not included in the Asset Inventory and Assessment Grant. As a side note, the City is spending well over $500,000 per year in budgeted sewer line rehabilitation activities and we continue to identify larger capital improvement projects designed to target high priority repairs. We recognize the requirements of our Wastewater Collection System Permit and the importance to the environment and public health through the prevention sanitary sewer overflows. We believe that the City of Shelby continues to improve our approach to Operations and Maintenance and believe that we are continuing to strengthen the City's sewer infrastructure. Thank you for the opportunity to provide additional information for consideration, we request that the State consider the information provided as proof that the City has been proactive in the way that our collection system is managed. Also, we request that NCDENR not impose a civil penalty assessment for the subject spill based upon the fact that this was the first spill at this location and considering the fact that the City has listed this area as a high priority area and will acoustic test this area at least annually and perform maintenance as necessary. Please contact me for additional information or if you have questions regarding this issue. I can be reached at 704-669-6570 or david.hux@cityofshelby.com. Sincerely, � Q In ' ` KA-ir David Hux Water Resources Director cc: Rick Howell; City Manager Mark Swink; Field Operations Superintendent Adam Howell; Field Operations Supervisor/ORC Certified Mail 7012 2210 0000 17213274 _T�A l fr`� 4VGMCirtKRe2f CIS Y/YYICIY0YMr1Y CERTIFIED MAIL: 7016 1370 0000 2595 6767 RETURN RECEIPT REQUESTED May 21, 2018 Rick Howell, City Manager City of Shelby PO Box 207 Shelby, NC 28151-0207 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2018-DV-0149 Sanitary Sewer Overflows - April 2018 Collection System Permit No. WQCS00037 Shelby Collection System Cleveland County Dear Mr. Howell: ROY COOPER Gawrror LINDA CULPEPPER hdvft DMrfar A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO's) 5 -Day Report/s submitted by City of Shelby. The Division's Mooresville Regional Office concludes that the City of Shelby violated Permit Condition 1 (2) of Permit No. WQCS00037 by failing to effectively manage, maintain, and operate their collection system so that there is no SSO (Sanitary Sewer Overflow) to the land or surface waters and the SSO constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-215.1. The Mooresville Regional Office is providing the City of Shelby an opportunity to provide evidence and justification as to why the City of Shelby should not be assessed a civil penalty for the violation(s) that are summarized below: Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWR Action 201800588 4/21/2018 105 1700 Wesson Rd Roots 52,500 39,375 Notice of Intent This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1, State of North Carolina ' Environmental Quality I Water Resources 610 Fast Center Avenue, Suite 301, Mooresville, NC 28115 704-6634699 This office requests that you respond to this Notice, in writing, within 10 business days of its receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other actions taken to prevent the recurrence of similar situations. The response to this correspondence will be considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface waters, duration and gravity, impacts to public health, fish kills or recreational area. closures. Other factors considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance. If you have any questions, please do not hesitate to contact Lon Snider with the Water Quality Section in the Mooresville Regional Office at 704-663-1699 or via email at lon.snider@ncdenr.gov. Sincerely, DocuSigned by: A14CC681AF27425... W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ Cc: Mooresville Regional Office - WQS File Central Files, Water Quality Section Slate of North Carolina I Environmental Quality I Water Resources 510 Fast Center Avonue, Suite 301, Mooresville, NC 24115 "04-663-1699 Division of Water Resources PART I: State of North Carolina Department of Environment and Natural Resources Dirisiun of Rater Resources Collection System Sanitary Sewer Overflow Reporting Form Form CS-SSO This form shall be submitted to the appropriate Di Regional Office within five days of the first knowledge of the sanitary sewer overflow (SSO). Permit Number: (WQCS# if active, otherwise use WQCSD#) Facility: Shelby Collector System Incident#: Owner: City of Shelby City: Shelby County: Cleveiand Region: McoressJIle Source of SSO (check applicable): 0 Sanitary Sewer ❑ Pump Station / Lift Station SPECIFIC location of the SSO (be consistent in description from past reports or documentation - i.e. Pump Station 6, Manhole at Westall & Bragg Street, etc): 1700 Wesson Rd Manhole #: 01270950 Latitude (Decimal Degrees): Longitude (Decimal Degrees): 2U 16uu586 Incident Started Dt: 04,2112018 Time: 1:30 pm Incident End Dt: 04/21/2018 Time: 03.15 pm (mm-dd-yyyy) (hh:mm AM/PM) (mm-dd-yyyy) (hh:mm AM/PM) Estimated Volume of the SSO: 52,500 gallons Estimated Duration (Round to nearest hour): 1 45 hours Describe how the volume was determined: 500 gpm x 105 mins = 52,500 Weather conditions during the SSO event: Sunny and dry Did SSO reach surface waters? Q Yes ❑ No ❑ Unknown Volume reaching surface waters (gals): 35375 Surface water name: First Broad River Did the SSO result in a fish kill? ❑ Yes Q No ❑ Unknown If Yes, what is the estimated number of fish killed? SPECIFIC cause(s) of the SSO: Q Roots 24 hour verbal notification (name of person contacted ): Unknown Unknown ❑ DWR R1 Emergency Mgmt Date (mm-dd-yyy): 04/21/2018 Time (hh:mm AM/PM): 06:48:00 pm If an SSO is ongoing, please notify the appropriate Regional Office on a daily basis until SSO can be stopped. Per G.S. 143-215.1C(b), the responsible party of a discharge of 1,000 or more of untreated wastewater to surface waters shall issue a press release within 24 -hours of first knowledge to all print and electronic news media providing general coverage in the county where the discharge occurred. When 15,000 gallons or more of untreated wastewater enters surface waters, a public notice shall be published within 10 days and proof of publication shall be provided to the Division within 30 days. Refer to the reference statute for further detail. The Director Division of Water Resources may take enforcement action for SSOs that are required to be reported to Division unless it is demonstrated that: 1) the discharge was cause by sever natural conditions and there were no feasible alternative to the discharge; or 2) the discharge was exceptional, unintentional, temporary and caused by factors beyond the reasonable control of the Permittee and/or owner, and the discharge could not have been prevented by the exercise of reasonable control. Part II must be completed to provide a justification claim for either of the above situations. This information will be the basis WHETHER OR NOT PART III IS COMPLETED, A SIGNATURE IS REQUIRED AT THE END OF THIS FORM CS-SSO Form Page: 1 PART II: ANSWER THE FOLLOWING QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PART I OF THIS FORM AND INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED COMPLETE ONLY THOSE SECTONS PERTAINING TO THE CAUSE OF THE SSO AS CHECKED IN PART I (In the check boxes below, NA = Not Applicable and NE = Not Evaluated) A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWR REGIONAL OFFICE UNLESS IS Roots Do you have an active root control program on the line / area in question? ❑ Yes 0 No D NA ❑ NE Describe The City has acoustic tested the area previously, but did not prioritize this area for root treatment. Have cleaning and inspections ever been increased at this location because of roots? ❑ Yes 0 No ❑ NA D NE Explain: The City evaluated some of our critical outfalls over the oast couple of years. This section of outfall was tested using_ acoustic device (SLRAT) on 3/11/15 with no problems identified. The line was retested on 3/14/16 and a partial blockage was found and removed. The line retested on 3/17/16 and results were acceptable. (Non spill related) What corrective actions have been accomplished at the SSO location (and surrounding system if associated with the SSO)? The sewer line was rodded on 4/21/18, removing the roots. We are testing the area with acoustic device and will evaluate using video camera. What corrective actions are planned at the SSO location to reduce root intrusion? Evaluate using the video camera and potentially bucket clean the line. City will list the segment as a high priority line and will evaluate the section annually using the acoustic device and potentially camera work. Pending this additional evaluation. the City will determine if root chemicals are needed. Has the line been smoke tested or videoed within the past year? If Yes, when? Comments: System Visitation ORC Backup Name: Adam Howell Cert# 985584 CS-SSO Form ❑ Yes 0 No ❑ NA ONE El Yes 0 Yes Page: 2 Date visited: 4/21/18 Time visited: 3:00 om How was the SSO remediated (i.e. Stopped and cleaned up)? Rodded line to unstop blockage of roots then cleaned up debris and limed area River samples were taken as well As a representative for the responsible party, I certify that the information contained in this report is true and accurate to the best of my knowledge. Person submitting claim: Adam Maurice Howell) D� Date: 04/23/18 02:30 pm Signature: �i2y� / "��"`/� �W'�/'%/ Title: Telephone Number: Any addition information desired to be submitted should be sent to the appropriate Division Regional Office within five days of first knowledge of the SSO with reference to the incident number (the incident number is only generated when electronic entry of this form is completed, if used). CS-SSO Form Page: 3 WESSON RD -- OUTFALL Spill Location Shelby HighPrioritySewerLines_Inspection oo veer 1 inch = 100 feet Gravity Sewer o zs so , High Priority".............,,.,......,.<W.,...,,_.,. N A City of Shelby High Priority Sewer Lines Water Resources OWNER ID NUMBER LENGTH (ft) City SGM-1009 253.2 City SGM-1010 64.3 City SGM-1121 186.0 City SGM-1186 125.2 City SGM-1214 117.6 City SGM-1283 250.3 City SGM-1286 247.9 City SGM-1334 182.8 City SGM-1352 312.3 City SGM-1356 419.9 City SGM-1398 72.9 City SGM-1416 282.7 City SGM-1417 249.8 City SGM-1510 319.7 City SGM-1527 6.2 City SGM-1550 255.1 City SGM-2023 126.7 City SGM-1565 52.1 City SGM-1681 108.0 City SGM-1699 115.2 City SGM-1705 96.1 City SGM-1764 140.1 City SGM-1782 149.6 City SGM-1789 350.9 City SGM-1808 317.2 City SGM-1885 251.7 City SGM-6056 249.9 City SGM-2011 154.4 City SGM-2134 76.5 City SGM-2136 452.5 City SGM-1849 192.3 City SGM-2162 116.9 City SGM-5867 327.7 City SGM-2308 258.5 City SGM-2382 107.5 City SGM-2383 351.7 City SGM-5646 125.7 City SGM-6242 157.6 City SGM-2537 42.0 City SGM-2541 201.3 City SGM-2544 135.2 City SGM-2545 297.0 City SGM-2556 189.5 City SGM-2947 223.1 City SGM-2949 226.3 City SGM-3037 390.9 6/5/2018 City of Shelby High Priority Sewer Lines Water Resources OWNER ID NUMBER LENGTH (ft) City SGM-3072 152.1 City SGM-3075 105.5 City SGM-3077 193.1 City SGM-3140 110.2 City SGM-3257 166.4 City SGM-3258 307.1 City SGM-3293 91.3 City SGM-3547 213.8 City SGM-3402 1149.2 City SGM-6060 239.8 City SGM-6338 268.8 City SGM-3493 207.9 City SGM-3543 180.6 City SGM-3582 277.9 City SGM-3593 354.8 City SGM-3676 285.4 City SGM-3692 148.0 City SGM-3778 112.7 City SGM-3782 122.3 City SGM-3783 227.1 City SGM-3872 143.3 City SGM-3888 138.7 City SGM-3892 95.6 City SGM-3904 234.9 City SGM-3906 248.9 City SGM-3924 245.7 City SGM-5736 196.2 City SGM-4049 268.6 City SGM-4050 231.8 City SGM-4359 236.5 City SGM-5845 165.3 City SGM-4428 108.1 City SGM-4450 368.7 City SGM-4905 391.5 City SGM-6988 271.5 City SGM-4542 251.2 City SGM-4544 210.4 City SGM-5970 172.8 City SGM-4733 378.3 City SGM-4734 112.7 City SGM-4804 210.9 City SGM-4812 300.2 City SGM-4839 243.6 City SGM-4860 202.7 City SGM-4876 351.4 City SGM-4885 241.3 6/5/2018 City of Shelby High Priority Sewer Lines Water Resources OWNER ID NUMBER LENGTH (ft) City SGM-4918 174.2 City SGM-4921 184.1 City SGM-4923 187.2 City SGM-5016 43.0 City SGM-5033 194.7 City SGM-5067 226.1 City SGM-5108 108.5 City SGM-5144 231.8 City SGM-5179 290.1 City SGM-5190 157.2 City SGM-5191 194.0 City SGM-6018 152.0 City SGM-5431 395.4 City SGM-6226 118.4 City SGM-5499 262.2 City SGM-5500 252.1 City SGM-5577 161.1 City SGM-5579 91.4 City SGM-5589 194.2 City SGM-5591 267.7 City SGM-6022 231.0 City SGM-5622 125.5 City SGM-5793 263.0 City SGM-5800 282.3 City SGM-5844 136.7 City SGM-6070 338.3 City SGM-6065 179.7 City SGM-5962 234.4 City SGM-5969 92.1 City SGM-5971 164.6 City SGM-6048 279.2 City SGM-6025 65.2 City SGM-6174 55.3 City SGM-6302 279.0 City SGM-6337 107.5 City SGM-6339 296.4 City SGM-6578 261.2 City SGM-1356 317.0 City SGM-6568 24.1 City SGM-6651 138.7 City SGM-6679 193.2 City SGM-6833 10.1 City SGM-6174 20.1 City SGM-6906 212.3 City SGM-6915 71.5 City SGM-6934 38.6 6/5/2018 City of Shelby High Priority Sewer Lines Water Resources OWNER ID NUMBER LENGTH (ft) City SGM-6988 115.6 City SGM-7013 210.6 City SGM-7058 159.2 City SGM-3387 243.6 City SGM-7078 192.1 City SGM-7103 141.1 City SGM-7113 198.4 City SGM-7117 206.1 City SGM-7118 175.4 City SGM-7121 89.1 City SGM-7124 156.6 City SGM-7131 111.6 City SGM-7177 250.8 City SGM-3089 240.1 City SGM-2379 217.9 City SGM-2380 211.8 City SGM-2414 218.2 City SGM-2416 87.8 City SGM-3083 89.6 City SGM-3084 52.8 City SGM-3085 184.9 City SGM-3086 251.6 City SGM-3087 148.7 City SGM-3088 139.4 City SGM-3090 161.8 Wesson Road Area 6/5/2018 \ORTI( CAROIJItA Y Spill Investigation Report ooc3 4P00037 Aelbyx wcttauuz57 raiiston U NPDES # 0024538 WWTP p WQCSD0258 Kingstown ❑ Spill Date: '4 -2 I - I u Location of Spill: PJ e 1i; h d, 17 00 Lt%e s 5v n Rd. �Spill Volume: Jr SOD Volume Reaching Surface Water: AxManhole: 0 1 a-70 ei 5 D ❑ Segment of line: ❑ Force main: ❑ Gravity: Weather Conditions; 5u r y 4- r,. Split Calculation: 500 , X LO$.,, 'r, = 9.21,iOD Spill Discovered By: G 5 C Affected Tributary: F `r s 4- Q rO a R ✓e r - Cause of Spill: o p +5 Did spill result in a fish kill? ❑ Yes x No If yes, estimated number killed? Corrective Action: Rod -Jed I •'n a *y q o+ fYla S'Sl'✓e_ R onb-q u. -f Were repairs made ❑ temporary X permanent What actions have been taken to prevent this discharge from occuring in the future? oh -e' � If the spill occurrOd at a pump station or was the result of a pump station failure, was alarm system functional at the time of the spill? ❑ Yes ❑ No If no, why? Recurring Spill? Lj Yes No Pretreatment/FOG noted? Yes Ej No Follow-up comments: On t3acrf"C Response Time: Time Date 10,1309 , , "Z I - I ry First Notice 1 I'.00 AR.\ `{- (' I On Scene U: 30 `j -21 Spill Started Corrected ORC Inspection State Notification: Time Date Utz Contact: Se rt^,e ORC Inspector: A4ct , Ho l Crew on Scen ,� p Name k�N ��JJs e ehnD '5 1 4',irr�et� 1 odd 3 eaLleY Pro t -e Radio No. 76 -79 7 D 79 Form: UTIL-2001.001A Revision Date: Revision No.: ATTACH ACTIVITY REPORT(S) TO SPILL INVESTIGATION REPORT Corresponding Procedure: UTIL-2000.001 Shelb NORT11 CAROLIN IT3_ Press Release FOR IMMEDIATE RELEASE: Notification of Discharge of Untreated Wastewater General Statute 143-215.1C requires that the owner or operator of any wastewater collection or treatment works to issue a press release when an untreated wastewater discharge of 1,000 gallons or more reaches surface waters. In accordance with that regulation, the following news release has been prepared and issued to media in the affected county(ies): Cleveland SHELBY, NC — The City of Shelby had a discharge of untreated wastewater on April 21, 2018 of an estimated 52,500 gallons at 1700 Wesson Road; of which an estimated 39,375 gallons was discharged into the First Broad River in the Broad River Basin. The Division of Water Resources was notified of the event on April 21, 2018 and is reviewing the matter. For more information, contact David Hux, Water Resources Director at 704-484-6840. Form: UTIL-2001.001E Effective Date: 08/07/2009 Revision Date: 1/4/2016 Revision No.: 4 7 Shelb1 NORTH CAROLIN Public Notice ATTN: LEGAL CLASSIFIED ADVERTISEMENTS NOTICE OF DISCHARGE OF UNTREATED SEWAGE The City of Shelby had a discharge of untreated wastewater from our collection system located at 1700 Wesson Road of approximately 52,500 gallons. The discharge occurred on April 21, 2017 for approximately one hour and forty-five minutes. Approximately 39,375 gallons of untreated wastewater entered into the First Broad River in the Broad River Basin. The line was cleared of roots and the discharge stopped. This notice was required by North Carolina General Statutes Article 21, Chapter 143.215C. For more information, contact David Hux, Water Resources Director at 704-484-6840. Form: UTIL-2001.001D Effective Date: 08/07/2009 Revision Date: 1/4/2016 Revision No.: 3 Page 1 of 1 04/26/2018 12:07:30 Ad Number Ad Key Order Number 54592943 Salesperson PO Number Karen Publication Customer 500984 City of Shelby -STAR ACCOUNT Section Contact Accounts Payables Sub Section Address1 P.O. Box 207 Category Address2 Dates Run City St Zip Shelby NC 28151 Days Phone (704)484-6866 Size Fax (704)484-6804 Words Credit Card Ad Rate Printed By Bernadette Eberli Ad Price Entered By Bernadette Eberli Amount Paid Amount Due Keywords NOTICE OF DISCHARGE OF UNTREATED SEWAGE The Cit Notes Zones NOTICE OF DISCHARGE OF UNTREATED SEWAGE The City of Shelby had a discharge of untreated wastewater from our col. lection system located at 1700 Wesson Road of ap- proximately 52,500 gal. lons. The discharge oc. cured on April 21, 2017 for approximately one hour and forty-five minutes. Ap. proximately 39,375 gallons of untreated wastewater entered into the First Broad River in the Broad River Basin. The line was cleared of roots and the discharge stopped. This notice was required by North Carolina General Statutes Article 21, Chap- ter 143.215C. For more in- formation, contact David Hux, Water Resources Di- rector at 704-484-6640. April 27, 2018. 1tc. Text GS92943 to 56654 54724549 68 - Bernadette Eberli The Shelby Star Classified Section Classified Section Legals 000 04/27/2018-04/27/2018 1 1 x 3.84, 37 lines 102 Legal - Shelby 88.24 0.00 88.24