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Home My WebLink AboutNC0026557_compliance (Moratorium)_20210901DocuSign Envelope ID: 006533A4-3A61-4AA4-9E35-FF822EC22B17 ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director Ms. Regina Mathis, Town Manager Town of Bryson City P.O. Box 726 Bryson City, NC 28713-0726 NORTH CAROLINA Environmental Quality 9/7/2021 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. NORTH 1:tE nepertment of Environmental CAROLINA ouat� North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 006533A4-3A61-4AA4-9E35-FF822EC22B17 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 [lauren.armeni@ncdenr.gov] of the ARO at 828-296-4500, or Charles Weaver [charles.weaver@ncdenr.gov] of the Compliance & Expedited Permitting Branch at (919) 707- 3616. Sincerely, DocuSigned by: ( : 4„,,, 8328B44CE9EB4A1... 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.