WQCS00037_NOV-2019-DV-0085_20190201

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ROY COOPER
K41 HAEL S.REGANSecretary
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LINDA CULPEPPER NORTH CAROLINA
arrlrror Environmental Quallry
CERTIFIED MAIL: 7016 1370 0000 2591 1629
RETURN RECEIPT REQUESTED
February 01, 2019
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-2019-DV-0085
Sanitary Sewer Overflows - December 2018
Collection System Permit No. WQCS00037
Shelby Collection System
Cleveland County
Dear Mr. Howell:
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 I (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 (Mips) Location Cause (Gals) (Gals) DWR Action
201803680 12/17/2018 39 1121 S. Morgan St. Grease 195 100 No Action
201803714 12/20/2018 27 1302 Kings Rod Debris in line 135 135 No Action
201803810 12/29/2018 120 1050 Sam Lattimore Rd. Pipe Failure(Break) 48,000 48,000 Notice of Violation
w/ Intent to Enforce
NortNCarobnaDepartmer.tofErv:rar.merta Quairty I Dimscoof Water Resources
Mooresv:15ERegom:Off--oe 1 610 East Denier Avenue,Suite3011 Mooresv �e,North 03roiina28115

Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Minn) Location Cause (Gals) (Gals) DWR Action
201803811 12/30/2018 103 2304 Sheriff Allen Rd. Other 4,150 500 Notice of Violation
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 W. Corey Basinger with the Water Quality Section
in the Mooresville Regional Office at 704-663-1699 or via email at [e-mail].
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
NortY Cara-na Departmentof Erv:rar.merts'Qua:;tw I Mrsoftof Water Resourozs
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