15A NCAC 02T .0118      DEMONSTRATION OF FUTURE WASTEWATER TREATMENT CAPACITIES

(a) 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 the systems meet the following requirements:

(1)           Prior to actual flow exceeding eighty percent of the system's permitted hydraulic capacity, based on the average flow during the last calendar year, the permittee shall submit an engineering evaluation of its future wastewater treatment, utilization, and disposal needs. This evaluation shall outline 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 shall include the source of funding for the improvements. If expansion is not proposed or is proposed for a later date, a justification shall be made 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 measures to achieve waste flow reductions.

(2)           Prior to actual flow exceeding ninety percent of the system's permitted hydraulic capacity, based on the average flow during the last calendar year, the permittee shall obtain all permits needed for the expansion of the wastewater treatment, utilization, or disposal system and, if construction is needed, submit final plans and specifications for expansion, including a construction schedule. If expansion is not proposed or is proposed for a later date, a justification shall be made 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 eighty percent or ninety percent disposal capacity 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 adequate progress is being made in developing the required 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.

(b) A permittee for a wastewater treatment system, who has signed a contract for the expansion of its wastewater treatment system, utilization, or disposal system and whose current system is located in a county with a projected population growth rate above two percent annually or is located in one of the top twenty percent of the fastest growing counties in the State, by population, and is meeting pollutant discharge limits set out in the system's current permit, may allocate one hundred ten percent of its existing system's hydraulic capacity and increase the allocation amount to one hundred fifteen percent when the expansion of its system is within 24 months of completion, but may not allocate more than the permitted projected capacity after expansion without approval by the Department. If the permittee exceeds its current permitted monthly flow more than once in any 12-month period, the permittee may not allocate more than one hundred percent of the existing system's hydraulic capacity until the permittee complies with the permitted monthly flow for at least 12 consecutive months. Nothing in this subsection shall be construed to limit the Department from authorizing allocations above one hundred fifteen percent of a system's hydraulic capacity."

History Note:        Authority G.S. 143-215.3;

Eff. September 1, 2006;

Readopted Eff. September 1, 2018;

Amended Eff. June 1, 2026.