NC0020290_Statutory Moraturium_20200225

DocuSign Envelope ID: 27C273BA-E071-4C35-A61E-CE12B2B79304
ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
February 11, 2020
CERTIFIED MAIL 7019 0700 0000 8867 5244
RETURN RECEIPT REQUESTED
Mayor Theresa Coletta
Town of Burnsville
P.O. Box 97
Burnsville, NC 28714-0097
Subject: NPDES Statutory Moratorium
NPDES Permit NCO020290
Town of Burnsville WWTP
Class WW-3
Yancey County
Dear Mayor Coletta:
The Division of Water Resources (hereby known as the Division) has determined that the
Town of Burnsville Wastewater Treatment Plant (WWTP) is unable to meet permit
requirements for proper operation and maintenance and is therefore unable to adequately
treat the volume of wastewater the facility is receiving. This determination is based upon
the findings from an on -site inspection of the WWTP conducted on January 31.
During the inspection January 31, 2020, Division personnel observed that the 300,000
gallon -per -day contact stabilization unit was completely inoperable due to structural
damage to the clarifier. It is understood from subsequent conversations with Town of
Burnsville staff and the town's consulting engineer, McGill Associates, that the unit cannot
be repaired. This unit includes essential treatment components for compliance with the
permit effluent limits and permit operations and maintenance requirements. Without this
treatment unit, the facility will be continually noncompliant with permit NC0020290.
Concerns about the need for repairs to the clarifier were noted in 2015 and 2019 DWR
inspections.
D QN
ENCRTH
orth Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 1 2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
CAROINh
828.296.4500

DocuSign Envelope ID: 27C273BA-E071-4C35-A61E-CE12B2B79304
2 1 P a g e
Town of Burnsville WWTP
Sewer Tap Moratorium
February 11, 2020
North Carolina General Statute §145-215.67(a) states, in part, that "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.
Based upon the facts and determination noted above, the Town of Burnsville WWTP is
hereby placed on a moratorium prohibiting the introduction of any additional waste to the
collection system tributary to the WWTP. Please note that the subject moratorium has
restrictions beyond those cited in the October 21, 2019 moratorium. This moratorium
prohibits:
1. the issuance of permits for new sewer lines to be connected to the WWTP;
2. any new tap-ons to the existing collection system; and,
3. the introduction of significant volumes of new wastewater flow via existing taps
(subject to the provisions of the statute).
This moratorium shall become effective 45 days from your receipt of this letter.
This moratorium will remain in effect until the Town of Burnsville WWTP is consistently
compliant with permit NC0020290 and has obtained written notification from the Division
lifting this moratorium.
As required by NCGS 143-215.67(d), the Town of Burnsville. (the permittee) shall give public
notice that a moratorium will be placed on the discharge of additional waste to the Town of
Burnsville 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 Yancey 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.

DocuSign Envelope ID: 27C273BA-E071-4C35-A61E-CE12B2B79304
3 1 P a g e
Town of Burnsville WWTP
Sewer Tap Moratorium
February 11, 2020
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:
r-� 7E617A38285848C...
Landon Davidson, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
Ec: North Carolina Public Utility Commission
Laserfiche
Josh Cagle, ORC - Burnsville WWTP
Dillon Lundy - Burnsville Public Works Director
Jonathan England - Yancey County Building Inspector
Amy Herron - Yancey County Health Department
G:\WR\WQ\Yancey\Wastewater\Municipal\Burnsville WWTP 20290\1an 2020 300 Plant Outage\20200211_NC00202090_SewerTapMoratorium.docx