WQCSD0258_Other Correspondence_20181018

RECEIVEDINCDENROWR
OCT 2 3 2018 Shelb
WORDS
MOORESVILLE REGIONAL OFFICE NORTH CAROLIN
Post Office Box 207 Shelby, NC 28151-0207
October 18, 2018
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 #NOV-2018-DV-0279
Collection System Permit #WQCSDO258
Town of Kingstown, Cleveland County
Dear Mr. Basinger:
On behalf of the Town of Kingstown, the City of Shelby is submitting a response to a Notice of Violation
on October 16, 2018 for the sanitary sewer overflow that occurred on August 2, 2018 on the Kingstown
Forcemain near 1741 W Zion Church Road.
The City was notified of the spill at 6:51pm and staff was on the scene by 7:20pm. The City found that a
PVC blowoff-flush valve had blown off the force main resulting in a spill to an unnamed tributary of
Brushy Creek.
In reviewing the situation, Staff determined that the contractor that installed the valve did not
adequately glue the PVC fitting. There was no evidence of a proper amount of glue on the valve. This
was further compounded by a NCDOT ROW mowing crew that had mowed the edge of W Zion Church
Road. In doing so staff believes that the valve cover was run over possibly loosening the valve.
Staff was able to cut the station off to limit the discharge and then proceeded to make the repair by
properly gluing that PVC fitting with a quick setting glue. With the valve secure, the station was
returned to operation without any problems.
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:
• Volume — 8,740 gallons
• Volume reaching surface waters — 5,244 gallons
• Duration and gravity — One hour and 54 minutes. City staff determined the cause of the
failure and made the repair by gluing the valve back in place.
• Impacts to public health - There were no identified impacts to public health.
www.cilyofshelby.com

• 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 — No previous spills at this location.
• Cost of rectifying damage — No environmental damage was identified requiring remediation.
Existing valve was reused and glued by City staff.
• Intentional spill —This overflow was not intentional.
• Money saved by non-compliance — No money was saved by this non-compliance.
Thank you for the opportunity to provide additional information for consideration, we request that the
State consider the information provided as proof that the Town of Kingstown was not at fault for the
incident that resulted in the subject spill and also request that NCDWQ not impose a civil penalty
assessment for the subject spill. Please contact me for additional information or if you have questions
regarding this issue. I can be reached at 704-669-6570 or [e-mail].
Sincerely,
J)wVV
David Hux
Director of Water Resources
cc: Rick Howell; City Manager
Mark Swink; Field Operations Superintendent
Adam Howell; Field Operations Supervisor/ORC
Town of Kingstown
Certified Mail 7015 1730 0001 6588 2710
www.cityofshelby.com

RO1 COOPER
Governor
NUCIiAJEL S. REGAIN
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LIa1DA CLLPEPPER
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NOR1H CAROLINA
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CERTIFIED MAIL: 7016 1370 0000 2595 7016
RETURN RECEIPT REQUESTED
October 10, 2018
Clarence Withrow, Mayor
Town of Kingstown
2014 Kingston Rd
Kingstown, NC 28150
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2018-DV-0279
Sanitary Sewer Overflows - August 2018
Collection System Permit No. WQCSD0258
Kingstown Collection System
Cleveland County
Dear Mr. Withrow:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by
Town of Kingstown. The Division's Mooresville Regional Office concludes that the Town of Kingstown violated
Permit Condition I (2) of Permit No. WQCSD0258 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 Town of Kingstown an opportunity to provide evidence and
Justification as to why the Town of Kingstown should not be assessed a civil penalty for the vlolation(s) that are
summarized below: -
Total Vol
Incident Start Duration
Total
Veil
Surface
Water
Number Date. (Mina) Location Cause
(Gal$)
(Gals) DWR Action
201A01162 8/2/20}B 114 1741 W Lon Church Rd Pipe Failure (Break)
8,740
5,244 Notice of Intent
North Carolina Department of Environmental Quality I Division of water Rewumes
610 East Center Avenue, Suite 901, Mooreavllle, NC 28115
104-668-1699

2014 Kingston Road
Kingstown, N. C. 28160.8665
Phone: [phone]
Fax: [phone]
Iweh address]
Fm
TO: David Hux
From: Janet Gerald
Fax: Pages: 3 (including cover)
Phoned [phone] Gate: 10/16/2018
Re: Notice of Violation cc:
L l Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
e Comments:
Notice of Violation to Kingstown for Sewage Spill on 8/2/2018.

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,
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,[e-mail],
Sincerely,
IDocuSlpnad by:
fa4 w H pu#' ►
F161F869A2D34A3... for
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
Nortn Carolina Departmeni.of Environmental Quality I Division of Water Resourcot
610 East Centor Avanue, SURS 301, Mooreevllle, NC 26115
7044563-1699