The URL can be used to link to this page

Home My WebLink AboutNC0025836_Compliance (80% Letter)_20220316DocuSign Envelope ID: 34ECF315-4515-4DC9-A4B2-C3E5859B2057 ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality 3/16/2022 CERTIFIED MAIL ITEM 7018 1830 0001 8037 2193 - RETURN RECEIPT REQUESTED Mayor Abigail Norton Town of Hot Springs P.O. Box 218 Hot Springs, NC 28743-0218 Subject: Imposition of Sewer Line Moratorium Demonstration of Future Wastewater Treatment Capacities NPDES Permit NC0025836 Hot Springs WWTP Madison County Dear Permittee: 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. A review of your self -monitoring reports has indicated flow at the subject facility exceeded the 80% threshold for calendar year 2021. The average flow calculated for this period was 0.0697 MGD and represented 87.1% 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. 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: NORTH 1:tE nepertment of a yimemeetai 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: 34ECF315-4515-4DC9-A4B2-C3E5859B2057 NC DEQ / DWR / NPDES 1617 Mail Service Center Raleigh, North Carolina 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 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. If you wish to obtain sewer extension permits while under moratorium per this provision of the rule, please send all required information in support of your request to the Asheville Regional Office (ARO). Any plans and specifications for expansion should be submitted to the Division of Water Resources. Notification of 90% Hydraulic Treatment Capacity Requirements In order to attain compliance with the Rule, prior to reaching the 90% hydraulic treatment capacity threshold, 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. 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 ARO at (828) 296- 4500. You can also contact Charles H. Weaver of the Compliance & Expedited Permitting Unit at 919- 707-3616 or by e-mail [charles.weaver@ncdenr.gov]. Sincerely, �DocuSigned by: `— 8328B44CE9EB4A1... S. Daniel Smith, Director Division of Water Resources Attachment (15A NCAC 02T .0118) cc: NPDES Permit File [Laserfiche] ec: Asheville Regional Office Municipal Permitting Unit DocuSign Envelope ID: 34ECF315-4515-4DC9-A4B2-C3E5859B2057 DocuSign Envelope ID: 34ECF315-4515-4DC9-A4B2-C3E5859B2057 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; Elf. September 1, 2006.