NC0026557_Sewer Moratorium_20210907

Ms. Regina Mathis, Town Manager
Town of Bryson City
P.O. Box 726
Bryson City, NC 28713-0726

Subject: Imposition of Sewer Line Moratorium
NPDES Permit NC0026557
Bryson City WWTP
Swain County

Dear Ms. Mathis:

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. Facilities exceeding 90% of their hydraulic treatment capacity must
submit plans and specifications and obtain all permits needed for expansion of the wastewater
treatment system before permits for sewer line extensions may be issued.

A review of self-monitoring reports submitted by the Bryson City WWTP has indicated flow at
this facility exceeded the 90% threshold for calendar years 2019 and 2020. The average flow
calculated for this period was 0.5898 MGD and represented 98.3% of the current treatment
capacity. Therefore, in accordance with the terms of 15A NCAC 02T .0118, the Division 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. Annual average flows for the individual
years have been calculated at 0.5555 MGD (92.58% of design capacity) during 2019 and 0.6240
MGD (104.01% of design capacity) during 2020.

In order to attain compliance with the Rule, you must obtain all permits needed for expansion of
the wastewater treatment system and, if construction is needed, submit approvable final plans
and specifications for expansion of the wastewater treatment system, including a construction
schedule. If expansion is not proposed or is proposed for a later date, a detailed justification
must be made and approved by the Director 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.

DocuSign Envelope ID: 006533A4-3A61-4AA4-9E35-FF822EC22B17
9/7/2021

Ms. Regina Mathis
Town of Bryson City Moratorium
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 / Compliance & Expedited Permitting Branch
1617 Mail Service Center
Raleigh, NC 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 or 90 percent loading rates 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
Regional Operations Supervisor for the NC DEQ Asheville Regional Office (ARO). 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 ARO.

Any plans and specifications for expansion should be submitted to the Division of Water
Infrastructure.

The 2020 annual average flow value shown above represents a long-term average flow volume in
excess of the 0.6 MGD design capacity of the treatment plant. Individual daily flows from the
WWTP are often reported at much higher values. In addition to requiring imposition of the
conditions of 15A NCAC 02T .0118, such performance may be indicative of the treatment
system’s inability to comply with the terms of North Carolina General Statute 143-215.67(a),
which states, in part, that no person subject to the provision of G.S. 143-215.1 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, G.S.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.

While the Division has not at this time determined that the Town of Bryson City WWTP is not
capable of adequately treating additional waste, if future circumstances warrant that
determination, the Division is prepared to impose a stricter moratorium on the Town pursuant to
G.S. 143-215.67. It is hoped that the imposition of the moratorium as called for by the Rule will
be sufficient to address these matters and lead the Town and the Division toward cooperative
action that will benefit both water quality and the citizens who rely on the quality of our waters.

DocuSign Envelope ID: 006533A4-3A61-4AA4-9E35-FF822EC22B17

Ms. Regina Mathis
Town of Bryson City Moratorium
p. 3

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 Lauren Armeni
[[e-mail]] of the ARO at 828-296-4500, or Charles Weaver
[[e-mail]] of the Compliance & Expedited Permitting Branch at (919) 707-
3616.

Sincerely,

S. Daniel Smith, Director
Division of Water Resources

Attachment (15A NCAC 02T .0118)

ec: Landon Davidson - ARO
Daniel Boss – ARO
Danny Smith
NPDES Municipal Branch
Laserfiche Files

DocuSign Envelope ID: 006533A4-3A61-4AA4-9E35-FF822EC22B17

Ms. Regina Mathis
Town of Bryson City Moratorium
p. 4

15A NCAC 02T .0118 DEMONSTRATION OF FUTURE WASTEWATER
TREATMENT CAPACITIES
In order to insure that treatment, utilization, or disposal systems do not exceed their hydraulic
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 wastewater treatment system's permitted
hydraulic capacity (based on the average flow of the last calendar year), the
permittee must submit an approvable engineering evaluation of their future
wastewater treatment, utilization, and disposal needs. This evaluation must outline
specific 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 must include the source(s) of funding
for the improvements. If expansion is not proposed or is proposed for a later date,
a detailed justification must be made to the satisfaction of the Director 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.
(2) Prior to exceeding 90 percent of the wastewater treatment, utilization, or disposal
systems permitted hydraulic capacity, (based on the last calendar year), the
permittee must obtain all permits needed for the expansion of the wastewater
treatment, utilization, or disposal system and, if construction is needed, submit
approvable final plans and specifications for expansion including a construction
schedule. If expansion is not proposed or is proposed for a later date, a detailed
justification must be made to the satisfaction of the Director 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 loading rates 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 it is
demonstrated to the satisfaction of the Director that adequate progress is being
made in developing the needed 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.

DocuSign Envelope ID: 006533A4-3A61-4AA4-9E35-FF822EC22B17