WQCSD0694_Sewer Moratorium_20220315

March 15, 2022
CERTIFIED MAIL 7021 2720 0000 1254 5479
RETURN RECEIPT REQUESTED
Mayor Peter O’Leary
Chimney Rock Village
P.O. Box 300
Chimney Rock, NC 28720
Subject: Statutory Moratorium
NPDES Permit NC0025381
Rutherford County
Dear Mayor O’Leary:
Pursuant to North Carolina General Statute §145-215.67(a), “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.
Due to historical non-compliance of the Lake Lure collection system (WQCS00131) and
wastewater treatment facilities (NC0025381), The Town of Lake Lure has agreed to enter a
Special Order by Consent (SOC) with the Environmental Management Commission to return
to compliance. Once an SOC is in effect, the Town and any tributary collection systems are
conditionally under a Statutory Moratorium.
Based on the above facts and statutory requirements, Chimney Rock Village is hereby placed
on a moratorium prohibiting the introduction of additional waste to the Chimney Rock
Collection System (WQCSD0694) tributary to the Lake Lure Collection System and the Lake
Lure WWTP. Please note, this moratorium prohibits the issuance of permits for new sewer
lines to be connected to the WWTP; except as determined by NCGS143-215.67(b) (Statute
attached for reference). Requests for extensions will be assessed on a case-by-case
basis during the moratorium and should be sent to the Asheville Regional Office
with all supporting documentation.
DocuSign Envelope ID: 3D6209CC-0A4E-4E69-9A57-9ACDB1DE1A6A
2 | P a g e
Chimney Rock Village
Statutory Moratorium
March 15, 2022

This moratorium shall become effective 45 days from your receipt of this letter.
This moratorium will remain in effect until the Town of Lake Lure is consistently compliant
with permits NC0025381 and WQCS00131 and has obtained written notification from the
Division lifting this moratorium.

As required by NCGS 143-215.67(d), Chimney Rock Village shall give public notice that a
moratorium will be placed on the discharge of additional waste to the Town of Lake Lure’s
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 Rutherford 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.

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,

Landon Davidson, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources

Attached: GS §145-215.67

Ec: Stephen Duncan- Village Administrator
Keith Webb- McGill
Danny Searcy- Rutherford County
NPDES Permitting
LF

DocuSign Envelope ID: 3D6209CC-0A4E-4E69-9A57-9ACDB1DE1A6A