NC0020290_Compliance_20191021

NORTH CAROLINA
Envimntr ental Qaattty
October 21, 2019
ROY COOPER
MICHAEL S. REGAN
LINDA CULPEPPER
CERTIFIED MAIL 7015 0640 0007 9833 5943 - RETURN RECEIPT REQUESTED
Mr. Dillon Lundy
Public Works Director
P.O. Box 97
Burnsville, NC 28714-0097
Subject: Imposition of Sewer Line Moratorium
Demonstration of Future Wastewater Treatment Capacities
NPDES Permit NCO020290
Burnsville WWTP
Yancey County
Dear Mr. Lundy:
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 to facilities exceeding 80% of their hydraulic treatment capacity unless specific evaluations of
future wastewater treatment needs have been completed.
A review of your discharge monitoring report data for the period August 2018 through July 2019 has
indicated flow at the subject facility exceeded the 80% threshold. The average flow calculated for this
period was 0.6732 MGD, and represented 8415% 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 Division of Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-707-9125

Burnsville Sewer Line Moratorium 2019
p. 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:
NC DEQ / DWR / NPDES
Compliance & Expedited Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Provision For Sewer Line Awrovals 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
Asheville 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 Asheville 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 Tim Heim of our
Asheville Regional Office at [phone] ([e-mail]), or Charles Weaver of the
Compliance & Expedited Permitting Unit at [phone] ([e-mail]).
ince Iy,
r
Linda Culpepper, Director
Division of Water Resources
Attachment (I5A NCAC 02T .0118)
cc: PERCS Unit
NPDES Files