Wastewater Crisis in Eastern New Hanover County

(May 25, 2007)

New building permits in eastern New Hanover County came to a halt for two weeks recently due to a moratorium ordered by the North Carolina Division of Water Quality (DWQ).  The problem?  The poor condition of, and excessive flow through, the northeast interceptor sewer line (NEI).  The NEI is nine miles long and runs from Wrightsville Beach to the Southside Treatment Plant.  The NEI has been the subject of serious concern for some time, but on May 9, DWQ decided it could no longer allow additional connections to the NEI and took the rather unusual step of imposing a hard moratorium on all building permits that would send wastewater through the NEI.  Click here for map of the area that is the subject of concern.

The moratorium was effective immediately and applied to all areas served by the NEI.  It prohibited new building permits, but allowed persons with existing permits to proceed with their projects.  DWQ cited continuing increases in flow and questions about the reliability of the NEI, in ordering Wilmington, Wrightsville Beach and New Hanover County to stop issuing buildings permits for construction that would connect to the NEI.  Projects that would not add to the sewer flow along the NEI, such as houses with septic systems and home and commercial renovations, were not subject to the ban. 

The moratorium came after several large spills from the NEI since 2005 that sent an estimated 4.7 million gallons of raw sewage into Hewletts Creek and environmentally sensitive wetland areas, including an estimated 655,000 gallon discharge in mid-November of 2006.  That spill prompted DWQ to extend a moratorium on new sewer extensions (large pipes that serve several properties) for the NEI until at least March 2008.    Despite the sewer extension moratorium, flows in the NEI continued to increase significantly, which was a factor in DWQ’s decision to impose the building moratorium.  The November 2006 spill also prompted the U.S. Environmental Protection Agency to take a closer look at the history of Wilmington’s sewer spills as well as the City’s efforts to maintain the integrity of the NEI.  In a letter sent in early May, the EPA summoned City officials to the agency’s regional office to make their case for why the City should not be fined or otherwise penalized for the sewer spills.

New Hanover County and the City of Wilmington have been working for some time to address improvements needed for the NEI, and some improvements are already underway. Planned improvements include moving portions of the NEI out of wetland areas around Hewletts Creek and upgrading pump stations to handle heavier flows.  Another relief mechanism being discussed is a parallel line which would offer flexibility when a break in the NEI occurs or when the NEI needs maintenance.  Wilmington has approved several million dollars in sewer work during the past month and plans to spend about $40 million on the NEI in the next five years or so. 

There are no easy, fast or inexpensive solutions.  The problems stem from poor infrastructure in the NEI as well as capacity issues, both of which require substantial and costly improvements.  County and city officials persuaded DWQ to lift the building ban by submitting a more detailed proposal to reduce flow through the NEI by rerouting up to 600,000 gallons of sewage from the NEI to the Northside Treatment Plant, the other wastewater treatment plant in that region.  In lifting the building moratorium, DWQ required Wilmington to provide monthly reports regarding flow diversion, plant capacity, and flow added by new sewer connections. 

The State has agreed to allow up to 120,000 gallons of wastewater promised through building permits to be issued in the NEI service area (served by the Southside Plant), as well as another 120,000 gallons promised through building permits in the Northside Plant service area.  Both the Southside and Northside Plants are near capacity.  The moratorium for sewer extensions in the NEI service area remains in place.  Local officials will continue to negotiate a Special Order of Consent with DWQ to establish deadlines for necessary repairs to the NEI. 

The NEI crisis holds valuable lessons for local governments as well as developers.  Counties, municipalities and sewer districts should keep careful watch over the condition and capacity of their wastewater systems and any improvements needed, and promptly take any necessary action to improve the condition or increase the capacity of the systems.  Likewise, developers should be attentive to these same issues in connection with ongoing or future projects.  As the local governments, developers and builders in eastern New Hanover County are currently experiencing, when substantial capacity and infrastructure issues arise, there typically is no quick fix, which throws a huge wrench in the local business market and economy. 

If you have any questions regarding this alert or related planning and environmental issues, please contact Pam Scott at 919.783.2954, pscott@poynerspruill.com or Glenn Dunn at 919.783.2842,  gdunn@poynerspruill.com.