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Home My WebLink AboutNC0030210_Other_20220727DocuSign Envelope ID: D7F4EB8B-BDFA-489E-9581-79E79996E0E3 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality 7/25/2022 CERTIFIED MAIL 7018 1830 0001 8036 9216 RETURN RECEIPT REQUESTED Steven J. Lockler, Chief Operations Charlotte Water 5100 Brookshire Blvd Charlotte, NC 28216 Subject: Dear Permittee: Pending Imposition of Sewer Line Moratorium Demonstration of Future Wastewater Treatment Capacities NPDES Permit NC0030210 Charlotte Water — Mallard Creek WWTP Mecklenburg County 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 75% for calendar year 2021. The average flow calculated for this period was 9.4891 MGD and represented 79.076% of the current treatment capacity. Although the 80% threshold has not yet been exceeded, the Division is providing early notification so that the permittee may undertake actions to maintain compliance with 15A NCAC 02T .0118. Notification of 80% Hydraulic Treatment Capacity Requirements In order to attain compliance with the Rule, prior to exceeding 80% of the hydraulic treatment capacity, 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. If the above requirements are not met prior to exceeding 80% hydraulic treatment capacity, we will be unable to approve any further sewer line extensions for this facility until such time as you D_EQ3NORTH CAROLINA nep.ren.ne of Environmental ou.nry North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: D7F4EB8B-BDFA-489E-9581-79E79996E0E3 have complied with the requirements contained in the Rule. 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: DEQ-DWR Compliance & Expedited Permitting Unit 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 Mooresville Regional Office. Any plans and specifications for expansion should be submitted to the Division of Water Resources. 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 Water Quality Regional Operations staff of our Mooresville Regional Office at 704-663-1699. You can also contact John Hennessy of the Compliance & Expedited Permitting Unit at 919-707-3618 or by email at [john.hennessy@ncdenr.gov]. Sincerely, DocuSigned by: 8328B44CE9EB4A1... Richard E. Rogers Jr., Director Division of Water Resources Attachment: 15A NCAC 02T .0118 cc: NPDES Permit File [Laserfiche] Charlotte Water / Joseph Lockler [joseph.lockler@charlottenc.gov] Mooresville Regional Office / Corey Basinger [corey.basinger@ncdenr.gov]; Wes Bell [wes.bell@ncdenr.gov] Andrew Pitner [andrew.pitner@ncdenr.gov] Municipal Permitting Unit / Michael Montebello[Michael.Montebello@ncdenr.gov]; Charlie Miller [charlie.miller@ncdenr.gov] Compliance & Expedited Permitting Unit / John Hennessy john.hennessy@ncdenr.gov]; Siying (Sylvia) Chen [siying.chen@ncdenr.gov] DocuSign Envelope ID: D7F4EB8B-BDFA-489E-9581-79E79996E0E3 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.