WQCSD0694_Sewer Moratorium_20220315

DocuSign Envelope ID: 3D6209CC-OA4E-4E69-9A57-9ACDB1DE1A6A
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
March 15, 2022
CERTIFIED MAIL 7021 2720 0000 1254 5479
RETURN RECEIPT REQUESTED
Mayor Peter O'Leary
Chimney Rock Village
P.O. Box 300
Chimney Rock, NC 28720
Subject: Statutory Moratorium
NPDES Permit NCO025381
Rutherford County
Dear Mayor O'Leary:
Pursuant to North Carolina General Statute §145-215.67(a), "no person subject to the
provision of NCGS 143-215.1, 143-215.108, or 143-214.109 shall cause or allow the
discharge of any wastes to a waste -disposal system in excess of the capacity of the disposal
system or of any wastes which the waste -disposal system cannot adequately treat." Should
these terms be violated, NCGS 143-215.67 states a moratorium can be imposed "on the
addition of waste to a treatment works" if the treatment works is not capable of adequately
treating additional waste.
Due to historical non-compliance of the Lake Lure collection system (WQCS00131) and
wastewater treatment facilities (NC0025381), The Town of Lake Lure has agreed to enter a
Special Order by Consent (SOC) with the Environmental Management Commission to return
to compliance. Once an SOC is in effect, the Town and any tributary collection systems are
conditionally under a Statutory Moratorium.
Based on the above facts and statutory requirements, Chimney Rock Village is hereby placed
on a moratorium prohibiting the introduction of additional waste to the Chimney Rock
Collection System (WQCSD0694) tributary to the Lake Lure Collection System and the Lake
Lure WWTP. Please note, this moratorium prohibits the issuance of permits for new sewer
lines to be connected to the WWTP; except as determined by NCGS143-215.67(b) (Statute
attached for reference). Requests for extensions will be assessed on a case -by -case
basis during the moratorium and should be sent to the Asheville Regional Office
with all supporting documentation.
North Carolina Department of Environmental Quality I Division of Water Resources
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Asheville Regional Office 1 2090 US, Highway 70 I Swannanoa, North Carolina 28778
NORTH CAROLINA
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828,296.4500

DocuSign Envelope ID: 3D6209CC-OA4E-4E69-9A57-9ACDB1DE1A6A
2 1 P a g e
Chimney Rock Village
Statutory Moratorium
March 15, 2022
This moratorium shall become effective 45 days from your receipt of this letter.
This moratorium will remain in effect until the Town of Lake Lure is consistently compliant
with permits NCO025381 and WQCS00131 and has obtained written notification from the
Division lifting this moratorium.
As required by NCGS 143-215.67(d), Chimney Rock Village shall give public notice that a
moratorium will be placed on the discharge of additional waste to the Town of Lake Lure's
WWTP within 15 days of the receipt of this letter. The permittee shall give public notice of
the moratorium by publication of the notice one time in a newspaper having general
circulation in Rutherford County. The notice shall be as provided in the attached, sample
public notice.
The permittee shall provide an affidavit of publication and a copy of the public notice to the
Division within 30 days of publication of the public notice.
Placement of the public notice in no way absolves the permittee from past or present
violations of North Carolina General Statutes. Failure to place the public notice may subject
the permittee to additional enforcement action by the Division.
Correspondence pertaining to this moratorium should be sent to the Division at the address
listed at the bottom of the first page of this letter. If you have any questions about this letter,
please contact me at 828-296-4680 or via email at [e-mail].
Sincerely,
DocuSigned by:
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Landon Davidson, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
Attached: GS §145-215.67
Ec: Stephen Duncan- Village Administrator
Keith Webb- McGill
Danny Searcy- Rutherford County
NPDES Permitting
LF

§ 143-215.67. Acceptance of wastes to disposal systems and air -cleaning devices.
(a) No person subject to the provisions of G.S. 143-215.1, 143-215.108, or 143-
215.109 shall willfully cause or allow the discharge of any wastes or air contaminants to a
waste -disposal system or air -cleaning device in excess of the capacity of the disposal system
or cleaning device or any wastes or air contaminants which the disposal system or cleaning
device cannot adequately treat. This subsection does not prohibit the discharge of waste to a
treatment works operated by a public utility or unit of local government in excess of the
capacity of the treatment works by any person who holds a valid building permit issued prior
to the date on which the public utility or unit of local government receives the notice
required by subsection (c) of this section if the Commission finds that the discharge of waste
will not result in any significant degradation in the quality of the waters ultimately receiving
the discharge as provided in subsection (b) of this section.
(b) The Commission may authorize a unit of government subject to the provisions of
subsection (a) of this section to accept additional wastes to its waste -disposal system upon a
finding by the Commission (i) that the unit of government has secured a grant or has
otherwise secured financing for planning, design, or construction of a new or improved
waste disposal system which will adequately treat the additional waste, and (ii) the additional
waste will not result in any significant degradation in the quality of the waters ultimately
receiving the discharge. The Commission may impose such conditions on permits issued
under G.S. 143-215.1 as it deems necessary to implement the provisions of this subsection,
including conditions on the size, character, and number of additional dischargers. Nothing in
this subsection shall be deemed to authorize a unit of government to violate water quality
standards, effluent limitations or the terms of any order or permit issued under Part 1 of this
Article nor does anything herein preclude the Commission from enforcing by appropriate
means the provisions of Part 1 of this Article.
(c) The Commission may impose a moratorium on the addition of waste to a
treatment works if the Commission determines that the treatment works is not capable of
adequately treating additional waste. The Commission shall give notice of its intention to
impose a moratorium at least 45 days prior to the effective date of the moratorium to any
person who holds a permit for a treatment works subject to the moratorium. Except to the
extent that the provisions of subsection (b) of this section apply, the Commission shall not
issue a permit for a sewer line that will connect to a treatment works that the Commission
has determined to be incapable of treating additional waste from the date on which the
Commission determines that the treatment works is incapable of adequately treating
additional waste until the moratorium on the addition of waste to the treatment works is
lifted.
(d) A public utility or unit of local government that operates a treatment works shall
give notice of a moratorium on the discharge of additional waste to the treatment works
within 15 days of the date on which the public utility or unit of local government receives
notice of the moratorium from the Commission. The public utility or unit of local
government shall give public notice of a moratorium by publication of the notice one time in
a newspaper having general circulation in the county in which the treatment works is located.
The Commission shall prescribe the form and content of the notice. (1971, c. 1167, s. 9;
1979, c. 566; 1987, c. 827, s. 154; 1989, c. 135, s. 6; 1995, c. 202, s. 1.)