The URL can be used to link to this page

Home My WebLink AboutNC0020389_Moratorium_20210519DocuSign Envelope ID: 1AC68064-06B4-4585-8705-F4BA005BBE94 ROY COOPER Governor DIONNE DELLI-GATTI Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality 5/19/2021 CERTIFIED MAIL 7018 1830 0001 8037 1677 RETURN RECEIPT REQUESTED Frederick D Nelson, Interim Town Manager Town of Benson 303 E Church St Benson, NC 27504-0069 Subject: Dear Mr. Nelson: Imposition of Sewer Line Moratorium Demonstration of Future Wastewater Treatment Capacities NPDES Permit NC0020389 Town of Benson — Benson WWTP Johnston County 15A NCAC 02T .0118, "Demonstration of Future Wastewater Treatment Capacities," was adopted by the Environmental Management Commission to ensure that wastewater treatment systems owned or operated by municipalities, counties, sanitary districts or public utilities do not exceed their hydraulic treatment capacities. This Rule specifies that no permits for sewer line extensions will be issued by the Division of Water Resources to facilities exceeding 80% of their hydraulic treatment capacity unless specific evaluations of future wastewater treatment needs have been completed. A review of your self -monitoring reports has indicated flow at the subject facility exceeded the 80% threshold for calendar year 2020. The average flow calculated for this period was 1.5646 MGD, and represented 82.3% of the current treatment capacity. Therefore, we will be unable to approve any further sewer line extensions for this facility until such time as you have complied with the requirements contained in the Rule. In order to attain compliance with the Rule, you must submit an approvable engineering evaluation of future wastewater treatment needs. This evaluation must outline specific plans for system expansion and include the sources of funding for the expansion. If future expansion is not proposed, a detailed justification must be made based on past growth records and future growth projections and, as appropriate, shall include conservation plans or other specific measures to achieve waste flow reductions. NORTH CAROLINA Department of Environmental Quality North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 1AC68064-06B4-4585-8705-F4BA005BBE94 Town of Benson — Benson WWTP NPDES Permit NC0020389 Page 2 of 2 To prevent delays in the processing of your future permit applications for sewer line extensions, please submit a plan of action containing the information necessary to comply with the appropriate demonstrations as described above to the following address: DEQ-DWR Compliance & Expedited Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Provision For Sewer Line Approvals While On Moratorium Per the terms of NCAC 02T .0118 (3), the Director may, on a case -by -case basis, allow permits to be issued to facilities exceeding the 80 percent loading rate if: 1) the additional flow will not cause the facility to exceed its permitted hydraulic capacity, 2) the facility is in compliance with all other permit limitations and requirements and 3) it is demonstrated that adequate progress is being made in developing the required engineering evaluations or plans and specifications. Delegation for approval and denial of such requests has been given to the Water Quality Regional Operations Supervisor for the Raleigh Region. If you wish to ask for a waiver of the moratorium per this provision of the rule, please send all required information in support of your request to the Raleigh Regional Office. Any plans and specifications for expansion should be submitted to the Division of Water Infrastructure. We look forward to working with you on development of plans to meet your future wastewater treatment needs. If you have any questions regarding this matter, please contact the Water Quality Regional Operations staff of our Raleigh Regional Office at 919-791-4200. You can also contact Sydney Carpenter of the Compliance & Expedited Permitting Unit at 919-707-3712 or by e-mail at sydney.carpenter@ncdenr.gov. Sincerely, —DocuSigned by: `-8328B44CE9EB4A1... S. Daniel Smith, Director Division of Water Resources Attachments: 15A NCAC 02T .0118 cc: Raleigh Regional Office [Laserfiche] PERCS Unit NPDES Files DocuSign Envelope ID: 1AC68064-06B4-4585-8705-F4BA005BBE94 15A NCAC 02T .0118 DEMONSTRATION OF FUTURE WASTEWATER TREATMENT CAPACITIES No permits for sewer line extensions shall be issued to wastewater treatment systems owned or operated by municipalities, counties, sanitary districts, or public utilities unless they meet the following requirements: (1) Prior to exceeding 80 percent of the system's permitted hydraulic capacity (based on the average flow during the last calendar year), the permittee shall submit an engineering evaluation of their future wastewater treatment, utilization, and disposal needs. This evaluation shall outline plans for meeting future wastewater treatment, utilization, or disposal needs by either expansion of the existing system, elimination or reduction of extraneous flows, or water conservation and shall include the source of funding for the improvements. If expansion is not proposed or is proposed for a later date, a justification shall be made that wastewater treatment needs will be met based on past growth records and future growth projections and, as appropriate, shall include conservation plans or other measures to achieve waste flow reductions. (2) Prior to exceeding 90 percent of the system's permitted hydraulic capacity (based on the average flow during the last calendar year), the permittee shall obtain all permits needed for the expansion of the wastewater treatment, utilization, or disposal system and, if construction is needed, submit final plans and specifications for expansion, including a construction schedule. If expansion is not proposed or is proposed for a later date, a justification shall be made that wastewater treatment needs will be met based on past growth records and future growth projections and, as appropriate, shall include conservation plans or other specific measures to achieve waste flow reductions. (3) The Director shall allow permits to be issued to facilities that are exceeding the 80 percent or 90 percent disposal capacity if the additional flow is not projected to result in the facility exceeding its permitted hydraulic capacity, the facility is in compliance with all other permit limitations and requirements, and adequate progress is being made in developing the required engineering evaluations or plans and specifications. In determining the adequacy of the progress, the Director shall consider the projected flows, the complexity and scope of the work to be completed, and any projected environmental impacts. History Note: Authority G.S. 143-215.3; Eff. September 1, 2006; Readopted Eff. September 1, 2018.