HomeMy WebLinkAboutAgenda - 03-23-2000 - 2ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 21, 2000
Action Agenda z
Item No.,�;;
SUBJECT: Water and Sewer Boundary Agreement
DEPARTMENT: County Commissioners PUBLIC HEARING: (Y /N) No
ATTACHMENT(S):
3/15/00 Commissioner Gordon Memo
3/14/00 Commissioner Carey Memo
Annotated Water /Sewer Boundary
Agreement
Extract (p. 13 -16) of Water /Sewer
Agreement
Mutual Aid Compact
INFORMATION CONTACT:
Commissioners Carey and Gordon
TELEPHONE NUMBERS:
Hillsborough
Chapel Hill
Durham
Mebane
732 -8181
968 -4501
688 -7331
336- 227 -2031
PURPOSE: To discuss unresolved issues related to the proposed interlocal agreement on
water /sewer service boundaries.
BACKGROUND: During the past two months, the Board has discussed a proposed
water /sewer service boundary agreement that was prepared by an interlocal work group during
a period of several years in the late 1990s. Commissioners Carey and Gordon have
collaborated to identify a range of points in the proposed agreement that require further
discussion, as noted in the attached documents
FINANCIAL IMPACT: There is no financial impact associated directly with the discussion of
the water /sewer service boundary agreement.
RECOMMENDATION(S): Discuss the proposed agreement and attached materials, and
provide appropriate direction to staff.
MEMORANDUM
To: BOCC and Manager
From: Alice Gordon
Subject: Water and Sewer Boundary Agreement
Date: March 15, 2000
The purpose of this memorandum is to summarize the issues that were left unresolved
during the BOCC discussion of the Water and Sewer boundary Agreement in February. There are
two types of outstanding issues, namely, those that are more controversial and those on which
there is substantial agreement.
The complete Water and Sewer Boundary Agreement in your packet is the "final" version
produced by the Water and Sewer Boundary Task Force, and it has handwritten annotations by
Commissioner Carey.
Since all of the controversial issues occur on pages 13 -16, you have in your packet
another copy of pages 13 -16 with handwritten annotations by Commissioner Gordon to bracket
the sections to be discussed and to summarize alternatives from which the BOCC can choose.
Of the three controversial issues, two were the subject of much debate by the task force,
and were passed by a split vote. The third is controversial because the language added since the
February meeting is new and it changes the language approved by the BOCC in February.
Controversial Issues
In general, the choice is between the original version forwarded by the Water and Sewer
Boundary Task Force and the changes shown in handwritten additions.
(A) P. 13 — Sizing of Lines (new language added since February)
The choice is between:
(1) language approved by the BOCC in February to show compliance with state regulations
(2) change to add new language showing compliance with state op Ijcv
Comment by Commissioner Gordon
If we stick with the term "State regulations," that would mean lines would be sized only to
serve the intended use, and the sole exception would be if state regulations required something
larger. If we use the term "state policy, "' then there might be increases in size that were not
mandatory.
(B) P. 13 — Controlling Access to Lines (task force split vote)
The choice is between:
(1) original language recommended by the task force
(2) change to add service to "another essential public facility"
Comment by Commissioner Gordon
This issue was discussed extensively by the task force. The language proposed by the
majority and adopted by majority vote was as follows:
Section D on "controlling access to lines" (page 13) would exclude service to another
public facility, since (according to the majority) that service might allow extensions to extensions
and thereby allow proliferation of utility lines. However, Section E on "siting of essential public
facilities" (page 14) was included to provide some flexibility.
Water and Sewer Boundary Agreement — March 15, 2000 Page 2
(C) pp. 15 -16 — Emergency Water Transfers — Length (task force split vote)
The choice is between:
(1) original language recommended by the task force
(2) changes to increase the number of days in the review and approval process
Comment by Commissioner Gordon
This issue was discussed extensively by the task force. Originally some group members
wanted to require the first notification and approval to occur within seven days, as is the case with
the Mutual Aid Compact for Water Supply Emergencies in Region J, or at least have approval
within 30 days. They also wanted to limit the time a transfer could be considered an emergency.
Others wanted a much longer time period. The major question was the length of time a transfer
could occur and still be considered an "emergency." The compromise proposed by the majority
and adopted by majority vote was as follows:
The length of time for approval was lengthened to 90 days, although notification of the
staff of the governing boards and of elected officials would occur at 30 and 60 days, respectively.
Non - controversial Issues
(A) P. 8 — adherence to boundaries with specific reference to service to Chatham County (change
to Chapel Hill or Carrboro)
(B) P. 14 — water and sewer service into /out of Orange County (change to Chapel Hill or
Carrboro).
(C) pp. 15 -16 — emergency water transfers — applicability (exclude any systems operated by a
municipality)
(D) P. 17 — linkages to other agreements (add "except as otherwise provided by law ")
(E) Changes already agreed upon at the February meeting
(1) There are also changes on page 3 (length of agreement) and page 10 (reserved
section) that were agreed upon and are shown in the handwritten annotations made by
Commissioner Carey.
(2) There was also a change made by the BOCC on page 16 (non- emergency transfers)
which appears to be inadvertently omitted from Commissioner Carey's annotations. The next to
last sentence on page 16 was changed to the following underlined language:
Non - emergency water transfers are only permitted with the approval of the Orange
County Board of Commissioners or the elected or appointed boards of the service providers
providing and /or receiving the transfer.
MOSES CAREY, JR., CHAIR- ORANGE COUNTY COMMISSIONERS
STEPHEN H. HALKiomI V /CE CHAIR P. O. BOX 8181
MARGARET W. BROWN
AucEM.GORDON 200 S. CAMERON STREET
BARRY JACOBS
HILLSBOROUGH, N.C. 27278
Memorandum
To: Orange County Board of Commissioners
Subject: Water and Sewer Service Boundary Agreement
From: Moses Carey, Jr., Chairman
Date: March 14, 2000
art
The revised draft of the Water and Sewer Service Boundary Agreement is attached for
your information and review. This draft is the result of your previous review of the
proposed changes discussed at our last meeting on this subject as well as the results of a
meeting with the mayors of Chapel Hill, Hillsborough and Carrboro. They each stated
that they believed that the draft enclosed would be acceptable with the majority of their
boards. This draft has also been shared and discussed with OWASA board and staff
representatives and seems to be acceptable with them because it addresses most of their
concerns. The attorneys of the boards have not reviewed this draft.
A meeting has been scheduled with the two Hillsborough board members that you asked
Commissioner Gordon and me to meet with to discuss a draft that might be acceptable to
Hillsborough. That meeting is scheduled for April 6a'.
The one constant in all these discussions has been that the original map of the boundaries
will remain the same as agreed on by consensus. No one has a favorable perception of
the revisions of the map presented by Hillsborough a few weeks ago. Hillsborough
representatives are aware of this situation.
Your guidance is sought at this time to move this matter closer to conclusion and
adoption by all parties. No one with whom I have spoken has a desire to reconvene the
task force again to address this matter. The mayors have suggested that they would take
it to their boards for consideration when we get a draft that would be acceptable to most
stakeholder boards. That would determine what the next steps would be if it is not
accepted.
Cc: John Link, County Manager
Geoff Gledhill, County Attorney
You Count In Orange County
(919) 245 -2130 . FAX(919) 644 -0246
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WATER AND SEWER MANAGEMENT PL NNING
AND BOUNDARY AGREEMENT
THIS AGREEMENT, made and entered-into this _ day of
1999 by and between the COUNTY OF ORANGE, -a
political subdivision of the State of North Carolina; the TO'
OWN OF
CARRBORO, the TOWN OF CHAPEL HILL,'and the TOWN OF
HILLSBOROUGH, municipal corporations duly created and existing under
the laws of North Carolina; and the ORANGE WATER AND SEWER .
AUTHORITY, a public water and sewer authority duly created and existing .
under Chapter 162A, -Article 1 of the North Carolina General Statutes.
WTTNESSETH:
In consideration of mutual benefits regarding the definition of water and
sewer service boundaries and the management and planning thereof, the
parties to this agreement hereby mutually agree as follows:
A. Charge to the Water and Sewer Boundary Task Force
Since the mid- 1980's, several attempts to define water and sewer
service boundaries for Orange County and the municipalities of
Chapel Hill, Carrboro and Hillsborough have been undertaken.
In 1994, a Task Force was formed consisting of elected officials
from Carrboro, Chapel Hill, Hillsborough and Orange County,
as well as two members of the Orange Water and Sewer
Authority Board of Directors. The charge to the Water and
Sewer Service Boundary Task Force is attached as Appendix B.,
B. Purpose of Water and Sewer Boundary Agreement
1. To provide a comprehensive, County -wide system of
service areas for future utility development and
interest areas for dealing with private water and
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wastewater system problems in areas without public
water and sewer service.
2. To complement growth management objectives, land use
plans and annexation plans in existing agreements, such
as the Orange County - Chapel FRU - Carrboro Joint
Planning. Agreement and Joint Planning Area Land Use
Plan
I To resolve in advance and preclude future conflicts about
. future service areas and annexation areas.
4. To provide for predictable long -range water and sewer
capital improvement planning and financing.
S. To provide for limitations on water and sewer service in
certain areas, as defined.
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A. Effective Date of the Agreement
This agreement shall become effective upon execution
by all of the parties and signature by the chief elected or
appointed official.
B. Term of Agreement
.. IO
This agreement shall remain in effect for five ,#j years from its
execution, and shall be renewable as provided in the following
subsection.
C. Procedure for renewal
fen
At the end of each Ade -year term, the agreement shall renew
automatically, unless written notice is provided of intent to
withdraw as noted in subsection E below.
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A Procedure for proposing and acting on changes in
agreement including boundaries
1. Any change to the agreement (including
boundaries) requires approval of all parties to the
agreement.
2. The addition of other parties to this agreement shall be
by consent of the current parties.
E.- Procedure for withdrawal from/decision not to renew -the
agreement.
L. A party may riot withdraw. from the agreement, until it
holds a public hearing on the proposed withdrawal
followed by written notice to the other parties within 30
days of the public hearing. The withdrawal shall be
effective one (1) year following receipt by the other
parties of the written notice.
2. If a party to the agreement withdraws as provided above,
the agreement remains in effect as to the other parties until
all but one party withdraws in the manner provided for the
in this agreement.
F. Accountability of Future Parties
1. Future utility providers that wish to become parties of
this agreement must be financially and technically
capable of providing water /sewer service to address
public health emergencies or other, identified public
facility needs, as defined by the parties of the boundary
agreement. The provider must have adequate system
capacity, technical capability and financial assets to
address system problems within its interest area without
compromising service to current customers.
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G. Courtesy Review of Development Proposals Within
Service and Interest Areas
The water and sewer providers that are parties to this
agreement will be provided courtesy review and the right to
provide written input into utility design and the provision of
easements for all new major subdivisions and other residential
and non-residential site plan approvals within their service area
and interest area. The'party to this agreement with development
plan review authority shall retain approval authority for all
development proposals within.its planning jurisdiction.
H. Linkage with the Orange County - Chapel Hill - Carrboro
Joint Planning Agreement and other future agreements
This agreement shall be made part of the Orange County - Chapel
Bill- Carrboro Joint Planning Agreement, by reference, and to
any future cooperative planning agreements that may be entered
into among some or.all of the parties. Termination of the Joint
Planning Agreement or any other cooperative planning .
agreement does not terminate this agreement Termination of
this agreement can only be accomplished as provided in this
agreement Similarly, the withdrawal of a party from the Joint
Planning Agreement or from any other cooperative planning
agreement does not constitute withdrawal from this agreement
Withdrawal from this agreement can only be accomplished as
provided in this agreement
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Primary Service Area: An area where water and/or sewer service is
now provided, or might reasonably be provided in the future, according
to adopted plans (hereinafter referred to.as "service area" y.
2. Asper the map in Appendix.A, the Town of Hillsborough Long -Term Interest Area and Primary Service
Area are combined and for purposes of this agreement is its Primary Service Area.
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OWASA Long -Term Interest Area: An area (as shown on the Water
and Sewer Service Boundary Map, which is Appendix A) within
which public water and/or sewer service is not anticipated to be
made, but if such services are to be provided, OWASA will be the
responsible utility service provider: Long -Term Interest Areas are not
service areas, and do not include areas outside of Orange County.
OWASA's Long -Term Interest Area is hereinafter referred to as
OWASA's "interest area."
Orange County Long -Term Interest Area: The areas of Orange
County planning jurisdiction (as shown on the Water and Sewer
Service Boundary Map, which.is Appendix A) not part of a Primary
Service Area or another Long -Term Interest Area within which public
water.and/or sewer service is not anticipated to be made, but if such
services are to be provided, Orange County will be responsible for
coordinating the provision of utility service. Long -Term Interest
Areas -are not service areas, and do not include areas outside of
Orange County. Orange County's Long -Term Interest Area is
hereinafter referred to as Orange County's "interest area."
Essential Public Facility: A publicly -owned facility, or a'facility
wholly financed by Federal, State or local government (or a
combination thereof) that provides a service for the health, safety and
general welfare of County residents (for example, a school, fire
station, public safety substation or solid waste convenience center).
Adverse Public Health Condition: An Adverse Public Health .
Condition exists in the case of a wastewater systems) when it is (1)
failing, (2) documented to be failing by the Orange County Health
Department, and (3) no on -site repair is approvable or recommended
by the Orange County Health Department; or, in the case of a well
water. supply system, it meets all of the following criteria:
♦ the well water supply system is contaminated with
a microbial, chemical or other agent which is
known to cause disease or other serious health
effects;
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♦ the well water supply system is not reparable to
the point where the contamination can be
eliminated;
♦ the water from the well water supply system is not
treatable prior to withdrawal to the point where'the
threat of disease or serious health effects is
eliminated;
♦ there is no alternate location on -site for a new well
water supply system which can be permitted under
Orange County Health Department regulatory.
criteria in effect at the time of the contamination
or an alternative site is unacceptable because
widespread existence of contamination or because
of the potential of contaminant'migration to the
alternate site.
A description of these terms and their application is provided in
Section VI of this Agreement.
Public Water or Public Sewer Service: The provision of water
and/or sewer service by a party to this agreement. This definition
does not include consulting services and/or technical assistance
services.
Emergency Water Transfer: Any short-term transfer 'of raw water
supply or finished drinking water supply from cae service provider to
assist another service provider in meeting water needs during:
a) unanticipated disruptions or emergencies relating to raw or
finished water supply. Such disruptions or emergencies may
result from. events including, but not limited to: (i) human
error; ii) equipment or power failure; iii) supply contamination;
iv) major fires, floods, droughts or other disasters; and v)
operations or facility maintenance activities, or
b) periods when temporary, short-term disruption of water
supply or finished water service may occur as a result of
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planned or unplanned maintenance of major water supply,
pumping, transmission, treatment, or storage facilities.
Non - Emergency Water Transfer. Any transfer from one water
service provider to another water service provider of raw water
supply or finished drinking water supply which is not an emergency
water transfer.
Wastewater Transfer: Any transfer from one wastewater service
provider to another wastewater service provider.
Water and/or Sewer Provider: A municipal corporation, county,
private non-profit water system, or public water and sewer
authority under the N.C. General Statutes that provides water
and/or sewer service to the public. `
A. Service Areas and InterestArea Boundaries
The service area and interest area boundaries are as shown in
Appendix A.
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B. Adherence to Boundaries
The boundaries on the map (Appendix -A) define the areas in
which the parties may provide water and sewer service, and no
party to this . agreement shall extend service . beyond the
designated boundaries, except as provided in this agreement
(Sections VLB, VI.C, VI.D, VLF, VII.A, VILB, VII.C)3. In no
case.shall service be extended beyond the boundaries of Orange
County without the approval of the elected boards which
exercise planning jurisdiction on either side of the County
boundary. Any extension of lines or service into Chatham
County requires the approval of Orange County, Chapel Hill,01
�— Carrboro and OWASA.
3. Parenthetical phrase to be left in until agreement is adopted
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• A. Policy Issues
Planning and growth management issues are influenced by the
location of water and sewer. This agreement is not intended to
supersede other land use agreements made by the local
governments.
B. Procedures for the provision of service within the Service
Areas and Interest-Areas
1. When water and sewer service provision is- required
to address an adverse public;health condition, or to
provide service to an essential public facility, the
designated provider for the service area or interest
area shall have the right of first refusal to provide such
service.
2. Within the service areas -and interest areas, the water and'
sewer provider will agree to provide service, as defined
in this agreement, as system capacity, financial
resources, and other reasonable utility considerations
allow, and as provided in this agreement.
C. Policy of "first - refusal"
1. The designated water and sewer provider within
a service area or interest area has first right to
provide service if an adverse public health condition
or essential public facility service need is established, and
public water or public sewer service is determined to be
required to address the adverse public health condition.
2. If the designated water and sewer provider declines to
provide service, it must notify the other parties to the
agreement with a statement of rationale.
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3. The designated water and sewer provider may contract
with another service provider to address the situation, in
the manner prescribed in Section VI of this agreement,
upon consultation with other jurisdictions.
4. If no other water and sewer provider is available, Orange
County retains the right to address the adverse public
health condition or essential public facility need in the
manner prescribed in Section VI of this agreement.
A. Prohibitions and Limitations on Extension Into Interest Areas
The development of land within interest areas is not projected to
occur at urban densities, and therefore, public water and sewer service
shall be prohibited in these areas, except as provided in this
agreement {Section VI.B, VLC, VI.D, VIX, VILA, VII.B, VII.0 }3.
Individual on -site and small/community -scale alternative water
supply and wastewater treatment systems not physically connected to
central systems will be the primary methods of meeting the water and
sewer service needs of existing and future* development.
3, ibid
B. Adverse Public Health Conditions
An exception to the prohibition of public water and sewer service in
interest areas may be made to allow the extension of lines in the event
the Orange County Health Department documents an "adverse public .
health condition."
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An adverse public health condition exists where:
1. - In the case of existing wastewater system(s), it meets all of the
following criteria:
♦ the wastewater system is failing;
♦ the wastewater system is documented to be failing
by the Orange County Health Department;
♦ there is no on -site repair approvable or
recommended by the Orange County Health
Department.
The following terms used in the criteria above mean:
Failing Wastewater System: A wastewater system is failing
when sewage or effluent is seeping or discharging to the
ground surface or to surface waters. A permitted, properly -
functioning non - discharge wastewater system (e.g., a spray-
irrigation system) and a permitted, properly - functioning
discharge system are not failing wastewater systems.
Approvable On -Site Repair: An approvable on site wastewater
system repair that can be completed in a designated repair area
which is approvable under Orange County Health Department
regulatory soil/site criteria in effect at the time of the needed
repair.
Recommended On -Site Repair: A recommended on -site repair
is one that is not an approvable on -site repair, but is one that in
the best professional judgement of the Orange County Health
Department will reasonably enable the system to function
properly. A recommended on -site repair may incorporate
engineered design (a design certified by an engineer to
overcome all soil/site limitations in the particular situation),
site or system modification, flow reduction or other measures
calculated to improve functionality of the system.
-2. In the case of an existing well water supply system(s), it meets
all of the following criteria:
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♦ the well water supply system is contaminated with
a microbial, chemical or other agent which is
known to cause disease or other serious health
effects;
♦ the well water supply system is not reparable to
the point where the contamination can be
eliminated;
♦ the water from the well water supply system is not
treatable prior to withdrawal to the point where the
threat of disease or serious health effects is
eliminated;
♦ there is no alternate location on -site for a new well
water supply system which can be permitted under
Orange County Health Department regulatory
criteria in effect at the time of-the contamination
or an alternative site is unacceptable because
widespread existence of contamination or because
of the potential of contaminant migration to the
alternate site.
The following terms used in the criteria above mean:
Well: A well is any excavation that is cored, bored,
drilled, jetted, dug or otherwise constructed for the
purpose of locating, testing, developing, draining or
recharging. any ground water reserves or aquifer, or that
may control, divert, or otherwise control the movement
of water from or into any aquifer.
Well Water Supply System: A well water supply system
is any well that is intended for use or is usable as a
source of water supply for domestic use (including
household purposes, farm livestock, or gardens) and the
pump and pipe used in connection with or pertaining
thereto, including well pumps, distribution pipes,
plumbing pipes, tanks, fittings, and water treatment
devices.
C.
D.
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3. The Orange. County Health Department makes the
determination when an adverse public health condition exists,
and will make a recommendation on the appropriate remedy to
the .governmental entity(ies) in the appropriate interest area.
The final decision to use any particular means or tool for
rectifying any particular adverse. public health condition-
remains, through zoning regulations or other land use
ordinances, with the governmental entity or entities having
zoning or planning jurisdiction over the area where the adverse
public health condition exists. In the Orange County- Chapel
Hi11= Carrboro Joint Planning Area, the Joint Development
Review Areas shall be used to determine which of the JPA
parties shall jointly decide on the appropriate means or tool for
rectifying an adverse public health condition. Public water or
public sewer lines extended to provide service to an adverse
public health condition or essential public facility cannot be
used for other purposes or other parties, except to remedy
another adverse public health condition.
Sizing of Lines Extended Into Interest Areas
�► nN e r; n• 5-ijndar6
The extension of public water or ublic sewer lines into ^n
interest area shall be sized so as^only to serve the intended use,
as defined in this agreement. Howevor, !a the case of a public
water line extension, provisions shall be made to address
adequate line sizing for pressure and volume considerations.
Controlling Access to Lines In Interest Areas
Public water or public sewer lines . extended to provide service
to an adverse public health condition.or essential public facility
cannot. be used for other purposes or other parties, except to
remedy another adverse put�lic health condition. ur 5 c' Yve,
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E. Siting of Essential Public Facilities Within Interest Areas
The location of some essential public facilities, particularly
schools, requires special consideration for access to public
water and sewer lines.
Where possible, schools shall be sited in a manner that
promotes the efficient use of existing water and sewer service.
Preferably, a set of criteria governing such situations would be
developed based on consultations between the appropriate
school boards and the elected officials of affected jurisdictions,
and applied as necessary. .
Publicly -owned facilities other than a public. school shall be
located in a manner that promotes the orderly provision of
water and sewer service. The preferred method of connection is
to lines that already exist, or in a manner that would minimize
the need to extend existing lines.
F. Water and Sewer Service Into /Out of Orange County
Recognizing the land use implications of public water and
public sewer service in adjacent counties on jurisdictions
within Orange County, water and sewer service of any of the
service providers that are parties to this agreement shall not be
extended outside of the boundaries of Orange County without
the approval of the elected boards which exercise planning
jurisdiction on either side of the County boundary. Any.
extension of lines or service into Chatham t enuires the 0
approval of Orange County, Chapel Ball Earrboro and OWASA.
This approval is not required when water and sewer service is
required as a condition of annexation by, the towns of Chapel
Hill or Carrboro.
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A. Emergency Water Transfers (T h'.!5 .6e -c �' �� 5h -i !I N ni' cl �'P' �
Emergency water transfers are transfers that: to u J c )pm .
1. Are made for short term duration. For the purpose of this
Agreement, short-term duration shall be reviewed at-W.
90 days, with subsequent 90 -day
intervals up to one year, as per the following process:
a Afterdays duration, a memo from the chief
administrative officials of the service providers
will be sent to the managers of the jurisdictions
that are parties to this. Agreement. The. memo shall
document the emergency, steps being taken to
address the situation, and notify the managers of
the potential for a longer period of the emergency
water transfer.
tdv
b. At fi6 days, the service. provider sending the water
shall notify its elected board (or; in the case of
OWASA, the member government elected boards)
on the status of the emergency and provide
opportunity for. the boards to review and comment
on the situation: The receiving provider shall
provide similar information.
C. Between •days and yd days from inception of
transfer, the elected boards which exercise
planning jurisdiction on either side of the
boundary in which the service is provided shall
review and approve or not approve the ,2 -7o
continuation of the transfer beyond Xdays. If _
continuation of the transfer is approved, it may
continue for an additional 90 -day period.
Approval shall. be required for each subsequent
90-day period, with a maximum emergency water
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transfer duration of 365 days from inception. Lack
of action by the elected boards as provided in this
subsection constitutes approval for the subsequent
90 -day period.
d. At the'day point, the service provider shall
determine that adequate water and other resources
and facility capacities are available to support the
extended emergency.transfer without adversely
affecting the quality and quantity of water supply
and services to customers within its service area,
and "without adversely affecting environmental
quality within its service area;
O
2. Are not intended to provide raw or finished water supply
necessary to support new "growth and development
within the service area of the service provider receiving
the transfer. Neither party shall; in planning for future
growth and associated increases in water supply needs,
rely upon water from the other party supplied under this
agreement to serve such growth.
a. A service provider experiencing a water
emergency and receiving emergency water
transfers must agree to act expeditiously and
adequately to mitigate and remove the causes of
the emergency conditions.
B. Non - Emergency Water Transfers
Non - emergency water transfers are only permitted with the
approval of the Orange County Board of Commissioners and
the elected or appointed boards of the service providers "
providing the transfer. If OWASA is the service provider,
approval must come from the OWASA Board of Directors and
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1
the elected boards of Carrboro, Chapel Hill and Orange
County. .
C. Wastewater Transfers
Wastewater transfers are only permitted with the approval of
the Orange County Board of Commissioners and the elected or
appointed boards of the service providers providing the
transfer. If OWASA is the service provider, approval must
come from the OWASA Board of Directors and the elected
boards of Carrboro, Chapel Hill and Orange County.
A. Linkages to Other Agreements
There are a number of existing agreements' among the parties to
this agreement that are relevant to the management and
planning of public water and sewer service. In addition, this
agreement and those listed below should all be read together.
Where inconsistencies exist, this agreement shall'control) eXcept d5
Included among these relevant agreements with linkages are:
b� [- � vim'•
Hillsborough- Durham Service Area Agreement
• OWASA- Durham Service Agreement
• Eno River Capacity Use Agreement
• Hill.sborough/Orange- Alamance Water Systems
Agreement
• OWASA- Hillsborough Service Agreement
• OWASA- Hillsborough Bulk Water Transfer Agreement
• Chapel Hill- Durham Annexation Agreement
• Mutual Aid Agreement
• Jordan Lake Allocations from NC DEPINR
• OWASA Agreements of Purchase and Sale between 1)
OWASA and Carrboro, 2) OWASA and Chapel Hill, and
3) OWASA and UNC
16
21
FINAL.
4/30199
A. Water and Sewer Service Boundaries Map
B. Charge to the Water and Sewer Boundary Task Force
C. Toolbox of Remedies for Adverse Public Health Conditions
D. Joint Planning Area Boundary Map
E. Comprehensive Plan Land Use Maps for all Orange County local
governments, and of Chatham County
Y
y 22
FINAL
4/30/99
TffiS AGREEMENT ENTERED INTO THIS DAY OF
11999.
Chair, Orange County Board of Commissioners
Attest:
Clerk to the Orange County Board of Commissioners
Mayor, Town of Chapel Hill
Attest:
Town Clerk, Town of Chapel Bill
Mayor, Town of Carrboro
Attest:
Town Clerk, Town of Carrboro .
Mayor, Town of Hillsborough
Attest:
Town Clerk, Town of Hillsborough
Chair, OWASA Board of Directors
Attest:
43ofnaLdoc
WATER AND SEWER MANAGEMENT PLANNING
AND BOUNDARY AGREEMENT
P/GES 1:.3
Passages to be discussed
are marked with brackets
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FINAL
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4)30/99
4
3 __ - - -The Orange, County Health Department nnslaea the
on whom an adverse public heal& eondttion exists
s
cad will make a rec 'oa as the appropriaie remedy tD
--d
the ,governmeatat eutity(ie) in the appropriate interest Ares,
The final decision to use my particular mesas or tool for
� s
rectifying any particular adverse. public health condition
- a
mnaims, hough 8 reguiaticros or ante lnrtd use
s
mtfinancm with the goveiamental entity or enttes having
f
y'
zonm$ cc p8 jurisdiction over the area where the adverse
- public health condition exists. In the t)raage Cou31y4 apel
o�
- Iffi11=C�ro Joint Planning Area, the Joint Development
J
Review. Areas shall be used to determine, which of the. JPA
parties shall jointly decide on the,spprop k e Aoaeays or tool for
�i p
rectifying an adverse public health condition. Public water or
public sewer lines extended to provide service to an adverse
Public health condition or essential public heility cannot be
°01
used for other or otheer '
purposes parties, _ex to_ remedy _ .. -.
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Sizing
. ., of - Lnes Ends into ntereat r cis � eerr, n
r K -6
fu
The extension ofpub or public sewer lines into an
i nmvst area shall be sized -so y to serve the intended .use,
as defiaeed in this 'agme went. we veer, in the case of a public v
water line mdendon, provisions shall be made to address --t
adcgnasc line sizing far pressure and volmw' coasidemtions. ,
Controlling A.cems to Lines In Interest Areas
Public water or public surer lines, extended to provide service
to an adverse public health c andition,or essential public fscMty
cannot, be used for other puipoaes or other paxties, e;xc t to '
remedy another adverse public health conditionx
a
FINAL
4/30/99
ruing of�ntPttblic Faei�ties Wifhin Intcr�t Areas
Ile location of some essential public facilities, particularly
schools, n3quires special consideration for access to public -
waxer and sewer lines. ..
Where p03311e, schools shall be sited in a manner that .
Promotes the efficient use of teMmg water and sewer service.
Preferably, a set of criteria goyeming such situations mould be
developed based on consultations between the appropriaxe '
school boards and the elected officials of affected3ctions,
. and applied as necessary.
Publicly-owned facilities other than a public school shall bo
located in a manmr that promotes the orderly provision of
water and sewer service. The preferred method of connection is
to lines that already exist, or in a mannerthat would rpiaifit�
the need to extend existing lines.
�'• 'Water and Serer Service into /Out of Orange County
Recogniving 'the land use implications of public water and
public sewer service in adjacent counties on. jurisdictions
within Orange County, water and sewer service of any of the
service providers that are parties to this agreamaent shall not be
extended outside of the boundaries of Orange County whhout
the appTarvat of the elected boards which, exercise plaaniag
jurisdiction on either side of the C=3tp boundary. Any
exeaasicn of lines or service into Chatham County requires the
%V royal of Orange County, Chapel Hill�Carrboro and OWAS,A -
This approval is not required when and sewer service is
required as a condition of motion by.the towns of Chapel
10 or Cwboro.
Ib
u
i
a
A. Emergency Water Transfers
U ,,,W Stacy wad aye iransfen ti�at:
1:
Are made for s$oart mm &rxdom For the purpose of this
Amt, short-lazza duration shall be reviewed at 30
- daA 60 days and 90 days, with subsequent.90 -day
intervals up to one year, as per the following proem:
-o
a. After 30-days duration, a memo $m the chief
Q. _
administraxave officials ofthe-service providers
'
will be sent to the managers of the jurisdictions
s
that are parties to th sAgreoment The meow. shell
document the emergency, steps being taken to
address the aib*on, and notify the managers of
the potential for a loa M period of the emergency
Water transfer.
b. At 60 days, the service, provider sending the water
• shall notify its elected board (or; in the case of
'
OWASA, the meiaber ormi elected boards)
'a
on the status of the emergency and provide .
rds
opportunity for. the boa to review and comment
on the situation. The receiving provider sha11
b ` W
provide similar inforazatioa
r y
a Between 60 days and 90 days from iacepdon of ;
1
a n
transfer, the elected boards which erase
M
planning jurisdiction on either side of the
boundary in which the service is provided shall
review and approve or not approve the
coaidnintion of the transfer beyond 90 days. If _
v
continuation of the transfer is approved, it may
continue for am additional % -day period.
Approval shall. be required for each subsequent
90-day period, with a msxdmum emergency water
Y
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MAL
460/97
_._ _._, sferdvtioa of 365 days firm iactptian. Lack
. of action by the elected boards as providrA in this
subsection constitutes approval for the subsequent
90-day period.
d At the 30-day pohA the service pmvider shalt
determine tbst adiequate water and other remmces
and facility capacities are available to support the
ended trander without adversely
affecting the quality and quantity of water supply
and servic w to customers within its service area,
and without adversely affeedng ieaviromuental
quality wlthia its servi ce area; .
AND
2, Are not intended to provide raw or fm.ished water supply
necmary to support new growth and development .
v&hfnthe-amvice area of the service - pander receiving
the transfer. Neither party shall; in pla ming for fitdftae
growth and assmated menmes in water supply needs,
rely upon water from the other ply supplied under 63i3
agreement to serve such growth.
. a: A service provider experiencaag a vtratee
emergency and receiving emergency water
transfers must agree to act expeditiauslY and
adequately to n0ge x and remove the cauuses of
thee conditions.
B. Mon- Emergency Water � ''eC'e-CJ1,
Nou- emargrappointed Cr tiransfers ere only pamitted witi�'the
approval of go County Board of Commissioners and
the elected boards of the service pravi M '
provxdin e - If OWASA is the service promderg
approval from &e OWASA Board of Directors and
Mutual Aid Compact'
A JOINT RESOLUTION
ESTABLISHING COMMON LOCAL POLICIES FOR MUTUAL AiD
DURING WATER SUPPLY EMERGENCIES IN REGION J, NORTH CAROLINA
NVIIEREAS, the 1987 World -Class Region Conference expressed a broad based
commitment to specific actions for enhancing the economic, environmental,
and human resources of the cities and counties comprising Region J, North
Carolina; and,
IVIIEREAS, utility infrastructure with sufficient capacity and reliability is essen-
tial to the Region's continued economic strength; and,
WHEIZ E AS, the governing bodies of the parties to this Resolution recognize an
increasing interdependence of water supply, development, and disposal
activities expressed by the phrase "We all drink from the same bowl;" and,
WHEREAS, the increasing number of interconnections between local water systems
provide the basis of a larger, more coherently planned water supply network;
arid,
IVHEREAS, such interconnections should be designed to meet:uwater supply needs
ranging from short term emergency service measured in days, to seasonal tit(111ght
supplements lasting for weeks or months; to longer duration transfers caliahle of
satisfying interlocal water supply needs over a period of years; arid,
NVNEREAS, the Region's overall water resources are sufficient to meet most for-
eseeable local emergencies without undue hardship on neighboring water
systems within.the Region; and,
WHEREAS, an important element of the Region's high quality of life is the diversity
and uniqueness of its individual conununities, with those identities often expressed
through different philosophies of growth, development, and capital facility expansion.
NOW WHEREFORE, the governing bodies of the parties to this Resolution having deter-
mined that the public health, safety and welfare will be served and benefited by their
cooperation as hereinafter set out; and, in the desire to assure adequate service dut ing
temporary disruptions caused by failure of the of the water supply, treatment, or trans-
mission /distribution systems of any of the parties, do mutually resolve as follows:
1. COOPERATIVE INTENT
The parties to this Resolution intend to proceed cooperatively in utilizing writer tesom-ces and
facilities to support their respective service areas, and upon future mutual agreement, to enter into
such joint administrative, financial, engineering or construction ventures which the individual
parties determine support the best interests of theirconstituencies in assuring a reliable, high quality
water supply during short terns emergencies as defined herein.
2. ADDITIONAL IN'TERCONNEC'TIONS
The parties agree that emphasis should be given to creating or enlarging interconnections betwevii
watcr systems in the Region in order to provide for water transfers under short term emergency
conditions.
3. WATER SUPPLY EMERGENCIES
lbe parties intend to establish mutual policies and practices for satisfying water supply needs slut ing
unanticipated disruptions of a short term emergency nature, such as those caused by human error,
equipment failure, chemical contamination, lire, flood, or other disasters.
For the purpose of this Resolution, "short term erergency" shall rttean a per iod of not more than
seven days.
It is not intention of the parties to this Resolution that these policies and practices be construed to
apply to water transfers for meeting seasonal drought or longer term interlocatl water needs, unlcse
specified upon separate mutual agreement of the parties.
4. ACTIVATING AN EMERGENCY TRANSFER
Any water transfers needed to meet a short term- emergency, as described above, would be activated
by the chief administrative officers of die entities involved. 'Pricy shat! immediately notify their
respective governing boards that such an emergency exists. Any emergency transfer lasting longer
than seven days shall require approval by the governing boards of all parties to the transfer.
5. CORRECTING THE EMERGENCY PROBLEM
The party experiencing the water emergency agrees to act expeditiously and adequately to mitigate
and remove the causes of the emergency condition. Other parties do hereby agree to offer
operational assistance to tite affected party in correcting the etnergettcy condition.
-2-
G. PRICE OF WATER DURING EMERGENCY
Unless otherwise specified by existing agreements, the price of water transferred during a short leini
emergency shall be die same as the commodity rate charged to residential customers within the
provider's own regular ( "inside ") service area. It is understood that the party experiencing the short,
terns emergency (the ultimate receiver of water) shall be responsible for paying ally excess costs
incurred by other parties (providers) to die transfer. These costs may.include special operational
assistance, as described in Section 5; startup activities, such as line flushing, valve switching. excess
pumping or other operational costs attributable to the transfer; and, may Include ally d111eretice in
commodity rates paid by an intermediate provider for water transferred through its ovvn system.
7. 11ER1OU OF AGREEMENT
This Joint Resolution shall become effective on December 1, 1988 -and continue fora pet iud of Live
years therefrom, ,
This Joint Resolution may be extended upon mutual agreement of the parties.
IN TESTIMONY WHEREOF, the undersigned parties:
1988 MUTUAL AID C OMPACT FOR WATER EMERGENCIES
LOCAL ENDORSEMENTS
Town of Apex
Town of Benson
Town of Carrboro
Town of Cary
Town of Chapel Hill
Town of Clayton
City of Durham
Durham County
Town of Fuquay - Varina
Town of Garner
Town of Hillsborough
Town of Holly Springs
Johnston County
Town of Kenly
Town of Knightdale
Lee County
Town of Morrisville
Orange County
Orange Water and Sewer Authority
Town of Pittsboro
Town of Princeton
City of Raleigh
Town of Rolesville
City of Sanford
Town of Selma
Siler City
Town of Smithfield
Town of Wake Forest
Town of Wendell
Town of Zebulon
AMENDMENT TO THE
MUTUAL AID COMPACT
A JOINT RESOLUTION
ESTABLISHING COMMON LOCAL POLICIES FOR MUTUAL AID
DURING WATER SUPPLY EMERGENCIES IN REGION J, NORTH CAROLINA
WHEREAS in 1988, 29 local governments in the Triangle J region endorsed a mutual aid compact for
water emergencies to address temporary disruptions caused by failure of the water supply, treatment
or distribution systems of any of the parties;
WHEREAS the period of agreement for the Mutual Aid Compact is. December 1, 1988 to December 1,
1993 but may be extended upon mutual agreement of the parties; and
Whereas utility infrastructure with sufficient capacity and reliability continues to be essential to the
Region's high quality of life and economic strength.
NOW, THEREFORE, the undersigned parties have agreed to extend the Mutual Aid Compact. This
'Joint Resolution shall become effective January 1, 1994, and continue for a period of 5 years there-
from.
This joint Resolution may be extended upon mutual agreement of the parties.
Everette Edwards, ' or
Attest: ;7 �� /� l
Town of Apex erk
12/21/93
Charles Matthews, Mayor
Town of Benson
Eieanor G. Kmnaird, Mayor
Town of Carrboro
Koka E. Booth, Mayor
Town of Cary
Kenneth Broun, Mayor
Town of Chapel Hill
Attest:
Attest:
Attest:
Attest: