Water Storm Project 

John Arrigo, Administrator DEQ Enforcement Division

Click Here for Full Resolution No.1895

Click Here for Full Resolution No. 1897, 20140818

Click Here for Full Public Hearing. 20140818

Subject: Waste water connections

Hi Mayor –
I recognize my past communication may not have been as clear and direct as it should be, so you may be uncertain as to what DEQ expects. The amount of wastewater flowing into Shelby’s Wastewater Treatment System (WWTS) exceeds its approved hydraulic capacity, as verified on the flow chart you provided. Therefore DEQ cannot not approve NEW connections.  Existing subdivisions, lots or parcels that have already been approved by DEQ through a Certificate of Subdivision Approval or a Municipal Facilities Extension can connect to the WWTS with Shelby’s approval.

Chris Ingenthron stated Shelby Gas – Marias River Electric built a warehouse on a lot previously occupied by a single family residence connected to the WWTS. Because the lot does not have a previous approval from DEQ under the Sanitation in Subdivisions Act, a change in use of the parcel is not subject to DEQ review and the City would have to decide if the connection was appropriate.

As explained in my May 25, 2016 email, the discharge from the WWTS is in compliance with the MPDES wastewater discharge permit and work on an administrative order on consent has stopped.  Please be advised that exceeding the approved capacity of the WWTS is considered a violation, but DEQ will not initiate a new enforcement action at this time. If after the proposed storm water system is constructed Shelby can demonstrate the hydraulic capacity of the WWTS is not exceeded, DEQ would consider approving new connections.

Thanks for your good communication. Please consider this email DEQ’s official response on this matter.  If you have any questions or comments or would like this explanation in a letter, please feel free to contact me.

John Arrigo, Administrator
DEQ Enforcement Division
(406) 444-5327