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HomeMy WebLinkAboutNS RES-2001-061 Resolution Establishing Rules and Regulations for the Operation of a Sewer Collection Treatment System to Serve the Efland Area Adopted November 19, 1985 jS-,2vU OG/ Amended March 1, 1988 Amended November 15, 1988 Amended October 19, 1999 NORTH CAROLINA RESOLUTION ESTABLISHING RULES AND REGULATIONS FOR THE OPERATION OF A SEWER COLLECTION TREATMENT- SYSTEM TO SERVE THE ORANGE COUNTY EFLAND AREA OF .ORANGE COUNTY Be it resolved by the Board of Commissioners of Orange County that the following rules and regulations (hereinafter called the Rules) shall .govern the operation of' the Orange County Sewer Collection and Treatment System . serving the Efland area of Orange County [hereinafter ' called the System] . I . CLASSIFICATION OF SERVICE (Reserved. There are presently no separate classifications of sewer service. ) II . WASTEWATER TREATMENT LIMITATIONS Orange County has contracted with the Town of Hillsborough which contract provides that the Town will treat wastewater generated by the System subject to the following conditions contained in the agreement between the County and Town: No customer shall be allowed = to connect ' to the County system unless and until such customer's ' proposed discharge has been found acceptable by both the Town and County. Approval shall be predicated on (1) the quality of the effluent of the potential user being compatible with the 1 3 Town's NPDES discharge permit, (2) compliance with the Town, s. ordinance, rules and regulations concerning pretreatment of industrial wastewater, and (3) all County (subdivision, zoning, erosion, building, etc.) and State (DOT, etc.) permits having been properly granted. Under no circumstances will the County permit the discharge of septic sewage in its system. III. RATE SCHEDULE AND AVAILABILITY FEES A. Rate Schedule - Based upon monthly, water consumption: See Attachment A. B. Availability Fees: Each person, firm, or corporation connecting to the system (hereinafter- user or users) shall Amended 10/19/99 pay a $600.00 per residential equivalent availability fee to the County and an availability fee to the Town of Hillsborough as. established and revised from time to time by the Town of Hillsborough. The original 212 potential Efland Area Sewer System customers who have provided Orange County with an application for sewer service to the Efland Sewer System and who have provided Orange County with a signed and acknowledged Efland Sewer System Sewer Easement and Agreement but have not been connected to the system because 2 F11 L' their property affected by the Sewer Easement and Agreement is not yet served by the sewer system are, with respect to the property affected by the Agreement, exempt from Orange Amended County availability fees, provided they connect to the 10/19/99 '- - - -- sewer system and become sewer customers of the sewer system with respect the property covered by the Sewer Easement and Agreement signed by them within .30 days of notification that connection can be made. Availability Fees shall be paid by the user with a completed and signed Efland Sewer System Sewer Easement and Agreement. C. Acreage Fee. Each person, firm, or corporation )ended )/19/99 connecting to the system (hereafter user or users) shall pay a $1,000.00 per acre capital -replacement fee. The original 212 potential Efland Area Sewer System customers- who have provided Orange County with an application for sewer service to the Efland Sewer System and who have provided Orange County with a signed and acknowledged Efland Sewer System Sewer Easement and Agreement but have not been connected to the system because their property affected by the Sewer Easement and Agreement is not yet served by the sewer system are, with respect to the property affected by the Agreement, exempt from Orange County acreage fees, provided they connect to the sewer 3 1.9 system and become sewer customers of the sewer system with respect to the property covered by the Sewer Easement and (Amended 10/19/99 Agreement signed by them within 30.... days of notification that connection can be made. Acreage Fees shall be paid by the user with a completed and signed Efland Sewer System Sewer Easement and Agreement. D. Stub -out Service Line Fee. Each person, firm, or corporation connecting to the system (hereafter user or users) shall Amended pay a stub -out service line fee in an amount equal to the 10/19/99 - administrative and construction cost to Orange County of installing a service line. This fee shall be based on the out -of- pocket cost to Orange County for installing the service line plus an allocated — cost equal to the administration cost to Orange County of having the installation accomplished. 'The original 212 potential Efland Area Sewer System .customers who have provided Orange County with an application for sewer service to the Efland Sewer System and who have provided Orange County with a signed and acknowledged Efland Sewer System Sewer Easement and Agreement but have not been connected to the system because their property affected by the Sewer Easement and Agreement is not yet served by the sewer system are, with respect to the property affected by the Agreement, exempt 4 6 from Orange County stub -out Service Line fees, provided Amende d they connect to the sewer system and become sewer customers _10/19/99 of the sewer system with respect to the P property covered by the Sewer Easement and Agreement signed by them within 30 days of notification that connection can be made. A stub - out Service Line Fee shall be due from, owed and paid by the user within fifteen (15) days of mailing to the user of an Orange County invoice for the fee. IV. APPLICATION FOR SERVICE Persons seeking service may make application in person at the office of the Orange County Planning Department. The application requirements are as follows: 1. A deposit as provided in Article V of Amended 3/1/88 these rules must accompany the appli- cation and be paid at the Orange County Planning Department or such other place as is designated by Orange County from time to time A Sewer Use and Easement and Agreement must be on file, signed by the property owner(s) /users. 2. The conditions set forth in Article IX of these rules must be satisfied in the case of an application for service to undeveloped land. 3. Any former user may again become a user by fulfilling the application requirements set forth in this article and by paying any applicable availability or 5 7 other fees. In addition, any such former user applying again to be a user must pay any outstanding account plus interest thereon at the legal rate *as it is established in North Carolina General Statutes Section 24 -1, its successor, and as the same is amended from time to time, compounded annually. Any person who has actually used and benefited from sewer service which has been supplied to premises owned or directly occupied or used by that person, for which service there is an outstanding indebtedness remaining due the County, may become a user by completing the application requirements in this article, by paying any availability fee or other applicable fee and by paying the outstanding indebtedness for the service which was supplied to the premises owned or directly occupied or used by such person. V. DEPOSIT A. A minimum cash deposit is required of Amended 11/15/88 all users. It shall_ be Thirty Dollars ($30.00) . The deposit shall be'paid either in full at the time an application for service is made or in a maximum of three equal consecutive monthly installments, the first of which must be paid when an application for service is made. Deposits will not draw interest. 6. Amended B. 3/1/88__ each connection. E3 A separate deposit will be required for C. Each deposit may be redeemed by the user upon disconnection from the system and upon payment in full of all charges for service. VI. INITIAL OR MINIMUM CHARGE A. There will be a separate account established for each sewer connection to the system. Each such account will be in the name of the user. The minimum monthly charge as provided in the rate schedule will be made for each account for any monthly usage up to the minimum 3,000 gallons. B. In those cases where the connection is to property which receives its water -by well, the minimum monthly charge will be that established in the rate schedule unless water consumption exceeds the minimum contained in the rate schedule. The County reserves the right to meter the well of any user to determine that user's water usage. VII. COUNTY'S RESPONSIBILITY AND LIABILITY A. The County will run a service line from its collection line to the property line, except as provided in Article IX, relating to extensions of the system. 7 E 8 B. All plumbing installed by the user for f Amended 3/1/88 i connection to the system will be installed according to the North Carolina State Plumbing Code and will be permitted, inspected and approved by Orange County. C. The County is not liable for damage of any kind resulting from sewage or its collection from the user's premises, unless such damage results directly from negligence on the part of the County. The County is not responsible for any damage done or resulting from any - defect or operation failure in the plumbing installed by the user, or in any fixtures or appliances on the user's premises. The County is not responsible for negligence of third persons in the installation or operation of the System. The County is not responsible for damage caused by forces beyond its control or for the interruption of service caused by forces beyond its control. D. Except in the case of an emergency, the user will be notified in advance of any anticipated interruption of service. In the case of an emergency the user will be notified as soon thereafter as possible of the interruption of service. VIII. USER'S RESPONSIBILITY Amended A. The user is responsible for payment of 3/l/88. all monthly service charges incurred in connection with 8 10 sewer service. The owner of the premises to which services. are delivered is responsible for all charges as provided for in the Sewer Easement and Agreement. If a delinquent user is not the owner of the premises to which services are delivered, the payment of the delinquent account will not be required before providing services to the premises at the request of a new and different tenant or occupant of the premises except as provided in Article IV.3. of the Rules. B. The. user is responsible for installing Amended all plumbing and apparatus necessary ry to connect to the County's service line and for connecting all plumbing and apparatus to the County's service line.. Provided, however, no such connection shall be made without a permit to do so issued by the County and upon such terms and conditions as the permit prescribes. C. All plumbing and apparatus installed by the user will be installed and maintained at the user's expense ` in accordance with the County's rules and regulations and any other State or local requirements. D. The user will exercise reasonable care and will be responsible for the exercise of reasonable care by anyone on the user's premises with the user's permission over any portion of the County system located on the user's 9 11 premises. Authorized County representatives will be permitted by the user to access the user's property in order to inspect, as needed, portions of the County's system located on the premises of the user. E. The user will be responsible for the cost of necessary repairs or replacement of lost or damaged property of the County which is part of the System or used in the operation and maintenance of the System which repair or replacement is caused by or results from the negligence or wrongful act of the user, the user's agents or employees. Likewise-any damage or injury to persons or property which occurs on the premises of the user and which is caused by or results from the negligence or wrongful act of the user will be the sole responsibility of the user. F. The amount of any such loss or damage or the cost of repairs or replacements will be, when applicable, added as a charge to the user's account which charge will be added in full to the user's next statement unless other arrangements are made which are satisfactory to the County. IX. EXTENSIONS OF THE SYSTEM System extensions to serve undeveloped land may occur, but only as follows: A. All such extensions must be consistent 10 12 with the overall System plan as adopted from time to time by Orange County. All such extensions must be approved by the County Engineer. B. Extension of the System to new Amended developments can only be approved by the County Engineer if 3/1/88 - - - -- all zoning, subdivision, land use plan and comprehensive plan regulations of Orange County or the Town of Hillsborough, if applicable, are met. With respect to subdivisions, the subdivision preliminary plat must be approved by the County or the Town, if applicable, which preliminary plat shall include approved preliminary plans for the System extension. Planned development plans which include System extensions must include approved preliminary plans for the System extension. -- C. All System extensions must be consistent with Goal 9.3 of the Orange County Land Use Plan which goal "prohibit[s] the establishment of public water and sewer services in the areas designated water quality critical areas, except to address emergency situations" and with any Water and Sewer Policy of the County adopted as part of its Comprehensive Plan. D. All System extensions shall be installed according to and in compliance with approved plans — 11 13 E. Construction of System extensions will I Amended 3/1/88_ be inspected by Orange County at intervals determined by the County. The person seeking System extension agrees to permit access to the System and the System extension for inspection purposes. User connections to the System will only be permitted, after the extension of the System is finally approved in writing by Orange County. F. Upon the completion of the System extension the owner /developer will convey by deed or other appropriate instrument all portions of the System extension, including but not necessarily limited to right- of-way easements, collection lines, service lines, stub- outs, permits, pump stations and equipment, plumbing facilities and hardware. All System - extensions will be at no cost to Orange County. X. ACCESS TO PREMISES OF A USER A. It will be necessary for the safe and efficient operation of the System for duly authorized agents df the County to have access at reasonable times to the premises of the user for the purpose of installing, removing, inspecting and otherwise maintaining portions of the System and for the purpose of reading and testing meters and for any other purpose in connection with the installation, operation and maintenance of the System. Each 12 14 user and property owner upon whose property any portion of the system or connections to it is located recognizes this need and by making application for .sewer services grants authority to authorized agents of the County for this purpose. B. The Sewer Easement. and Agreement includes a grant to the County of an easement for the purposes described in that agreement. Each user and owner by making application for sewer services acknowledges the easement and the rights described in that easement. XI. CHANGE OF OCCUPANCY The owner of premises which is served by the Amended System is responsible for notifying the County or its duly 3/1/88_ authorized agent of any change in the occupancy of his /her premises. Any change in the use of the premises which is connected to the System will be communicated to the County and the Town of Hillsborough for prior approval as described in Article II of these rules and regulations. XII. METER READING - BILLING - COLLECTING A. Orange County and, if applicable, its Amended 3/1/88 billing and collecting agent's records will be the basis for all charges for service. All users are encouraged to maintain receipts and other payment information and to bring any discrepancies in the user's records and the County's records to the attention of the billing and 13 15 collecting agent of the County immediately so that corrections, if any, can be made. The specific procedures to be followed in the event a user believes there has been a billing error are described in Article XIII. B. Meters will be read and bills rendered in accordance with the policies established by the County and any agency with which the County may contract. The County reserves the right to vary the dates or length of time covered by any statement, temporarily or permanently, - if necessary.for the-efficient operation of the System. C. Statements for sewer service will be computed on the basis of the published rate schedule then in effect. D. Charges for sewer - service commence when connection to the System is complete as prescribed and described in the Sewer Easement and Agreement. E. Each . sewer connection will be separately metered and will be maintained as a separate account.' F. Monthly statements will be mailed on or about the date the user's water meter is read, if there is a meter, or the same date each month as determined by the Amended County's billing -and collecting agent where there is no 3/1/88 water meter. Payment is due when the statement for sewer 14 16 service is received and delinquent 20 days after the water meter reading date. If payment is not made within 20 days after the water meter reading date, sewer and water service will be discontinued. Statements will be sent to the address of the user as it appears on the application for service made by the user. It is the user's responsibility to immediately notify Orange County and its billing and collection agent of any change in this address. -The user's failure to receive any statement or notice when it is - addressed to the user at the address contained in the application or a new address provided to the County and its billing and collection agent shall not be a basis for forgiving delinquent payment and shall not be a basis for forgiving discontinuation of service. — XII. DISCONTINUATION OF SERVICE A. When service is discontinued, the Amended deposit made by the user will be applied toward settlement 3/1/88 of any unpaid account. Any balance will be refunded to the user. If the deposit is not sufficient to cover the outstanding account balance, the County and its billing and collection agent may proceed to collect the balance in the manner provided in the Sewer Easement and Agreement or in any other manner provided by law for the collection of a debt. 15 17 B. The County, in addition to prosecution as provided by law, may discontinue and permanently refuse service to any user or property owner who tampers with a meter or sewer connection which sewer connection has been approved by the County. Any sewer connection not. approved by the County may be disconnected by the County and service refused to those participating in the unauthorized connection or its use. XIII. COMPLAINTS - ADJUSTMENTS A. If a user believes any statement of Amended charges to be in error, the user may present a claim in 3/1/88 person to the billing and collection agent of the County before the statement becomes delinquent.. Any such claim made after the statement has become delinquent will not be effective in preventing discontinuation of service as provided in these rules and regulations. The user may pay such statement under protest and the payment will not prejudice the claim in case an error is found. Adjustment will thereafter be made for any such error. B. Request for special meter readings or tests will be governed by the rules and regulations established for that purpose by Orange County and its agents. XIV. RETURN CHECK .FEE Each check for payment is accepted subject Amended, to collection. The normal policies of the County's billing 3/1/88 and collection agent regarding returned checks shall be 16 18 followed. All fees collected, provided they do not exceed those permitted by law, shall be the property of the County's billing and collection agent. XV. ABRIDGEMENT OR MODIFICATION OF RULES A. No promis -e, agreement or representation of any employee of Orange County will be binding upon the County unless it is agreed upon in writing, signed and accepted by the duly authorized officers of the County which authorization must be accomplished by resolution of the Board of County Commissioners. B. No modification of rates or any of these rules and regulations may be made by any agent of the County. Any modification of rates and these rules and regulations will be accomplished by resolution of the Board of Commissioners of Orange County. XVI. ADOPTION OF RULES Until further resolution of the Orange County Board of Commissioners, the rules and regulations set out'above are adopted as of the date below and become effective on or after. November 19 1985. Upon motion made by Commissioner Moses Carey seconded by Commissioner Shirley Marshall the foregoing resolution was adopted by the Orange County Board of Commissioners this the 19th day of November 1985. 17 Amended by resolution of the Orange County Board of Commissioners on the 1st. day of March 1988. Amended by resolution of the Orange County Board Of Commissioners on the 15th day of November,1988. Amended by resolution of the Orange County Board of Commissioners on the 19th day of October, 1999. mydocuments /eflandsew #2.doc 18 19 20 NORTH CAROLINA ORANGE COUNTY RESOLUTION DOCUMENTING THE STATE OF THE OVERALL SYSTEM PLAN FOR SEWER COLLECTION TREATMENT SYSTEM TO SERVE THE EFLAND AREA OF ORANGE COUNTY WHEREAS, on November 20, 1984, the Orange County Board of Commissioners resolved to construct Phase.I of the Efland Sewer System which in its boundaries and in its engineering consisted of Phase I of the John R. McAdams Company Water and Sewer Extension Feasibility Report; and WHEREAS, on September 30, 1985, the Orange County Board of Commissioners approved boundary and design changes to the overall system plan when it approved design changes recommended by the Revised Preliminary Engineering Report of the Project prepared by Hazen and Sawyer, P.C.; Engineers and the addition of what was designated as Phase.II in the McAdams Report and the joining of the eastern and western portions of what.was designated as Phase I in the McAdams Report; and WHEREAS, on March 8, 1993, the Board of Commissioners of Orange County approved a boundary and design change to the overall system plan when it approved the single public purpose, linear system extension to serve the Hancor manufacturing facility; and WHEREAS, on October 1, 1996, the Board of Commissioners of Orange County approved a temporary design change to the overall 21 system plan when it approved the single public purpose, temporary forcemain connection to serve Lloyd's Car Wash; and WHEREAS, on August 25, 1997, the Orange County Board of Commissioners approved a Bond Order for a sewer system expansion related to the Efland Area Sewer System (approved by the voters of Orange County on November 7, 1997), which ratified the commitment of the Orange County Board of Commissioners to the overall system plan's inclusion of Phase I West, Phase I East and Phase II as recommended in the Revised Preliminary Engineering Report of the Project prepared by Hazen and Sawyer, P.C., Engineers; and WHEREAS, on September 7, 1999, the Board of Commissioners of Orange County approved a boundary and design change to the overall system plan when it approved the single public purpose, linear system.extension to serve the Barber & Ross manufacturing facility; and WHEREAS, on August 15, 2000, the Board of Commissioners of Orange County approved a boundary and design change to the overall system plan when it approved the sewer system extension to serve the Richmond Hills Subdivision; and WHEREAS, the present overall system plan boundary is illustrated on the map which is an exhibit to this resolution and includes Phase I West, Phase I East, Phase II, the Hancor 22 extension,.the Barber & Ross extension and the Richmond Hills extension. NOW THEREFORE BE IT RESOLVED by the Board of Orange County Commissioners: 1. The Efland Area Sewer System overall system plan boundary is confirmed and ratified to include Phase I West, Phase I East, Phase II and the system boundary extensions all as shown on the Efland Area Sewer Overall System Plan map which is an exhibit to this Resolution. 2. The overall system plan design is the design for Phase I West, Phase I East and Phase II per the Hazen and Sawyer report together with the design approved by the Orange County Board of Commissioners for the Hancor, Barber & Ross and Richmond Hills extensions together with the temporary forcemain connection for Lloyd's Car Wash (this connection is subject to all of the terms and conditions of the October 1, 1996, Resolution). 3. Land located within the overall system plan boundary must also meet all zoning, subdivision, land use plan and comprehensive plan regulations of Orange County or the Town of Hillsborough, if applicable, to qualify for system extension as provided in the Resolution Establishing Rules And Regulations For The Operation Of A Sewer Collection Treatment System To Serve The Efland Area Of Orange County. 23 Upon motion of Commissioner Alice M. Gordon, seconded by Commissioner Barry Jacobs, the forgoing resolution was adopted the 17th day of April, 2001. I, William M. Tredway, Acting Deputy County Clerk of Orange County, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of said proceedings of said Board at a meeting held on April 17, 2001, as relates in any way to the adoption of the foregoing. Witness my hand this 10th day of May, 2001. William M. Tredw Acting Deputy C unty Clerk 2.5 Outline of Issues to be Addressed Regarding Efland Area Sewer System Extensions into Undeveloped Land I. The Rules and Regulations for the Operation of a Sewer Collection Treatment System to Serve the Efland Area of Orange County make a clear distinction between connecting to the System and extensions of the System to serve undeveloped land. A. Connections of existing lots to the System do not implicate policy and are generally accomplished with payment of necessary fees, an application for sewer service and an acknowledged Efland Sewer System Sewer Easement and Agreement. B. Extensions of the System into undeveloped land do implicate policy and are controlled by Section IX of the Rules and require that the extensions: 1. be consistent with the Overall System Plan; 2. be consistent with: (1) goal 9.3 of the Orange County Land Use Plan which goal prohibits the establishment of public water and sewer services in the areas designated water quality critical areas, except to address emergency situations and 26 (2) any water and sewer policy the County has adopted as part of its.Comprehensive Plan; 3. be approved by the County,/Engineer if 1. and 2. are accomplished and if all zoning, subdivision, land use plan and comprehensive plan regulations of Orange County or the Town of Hillsborough, if applicable, are met. Before the County Engineer can approve an extension of the System to serve undeveloped land, a subdivision preliminary plan must be approved by the County which preliminary plan includes approved preliminary plans for the System extensions. II. Temporarily ceasing extensions of the System to serve undeveloped land will provide the Board of Commissioners with an opportunity to address the following issues: A. whether and to what extent to allow extensions of the System where the homes in the development to which the System is extended will be served by private wells; B. whether and to what extent to allow extensions of the System where the homes in the development to which the System is extended will be served by private water systems; C. whether and to what extent to allow extensions of the System where the homes in the development to which the 27 System is extended will be served by a public water system; III. Issues to be addressed related to public water systems providing public water to homes served by a System extension include: A. consistency with State law regarding interbasin transfers; B. -Eno River Capacity Use Agreement review; C. the extent and the impact of augmenting surface water - supply with large capacity wells; D. the existence of a State approved water supply plan for the public water supply system; E. to the extent it can reasonably be determined, the impact on ground water resources including recharge capabilities of ground water resources in the area of public water supply system wells augmenting surface water supply; F. the following issues with respect to the Orange Alamance Water System: 1. Land Use and Zoning: OAWS plans to coordinate its efforts with Orange County Land Use Plan, Zoning Regulations and Efland Area Sewer System Rules. 2. Master Plan - Long Range System Plan and Design a. Status of State action on Water Supply Plan. W b. OAWS participation with Orange County/ Hillsborough /Mebane in combined efforts to serve the Efland- Cheeks Area and in the Efland area small area planning process with other stakeholders. 3. Capital Improvement Plan a. New system improvements anticipated. b. Existing system upgrades and /or replacement scheduled. - 4. Connection Policy for existing lines and existing lots. 5. Extension Policy for undeveloped properties, residential subdivisions and non - residential projects. - 6. Sale /Absorption of system by other utility providers. 7. Fire Suppression for new development that could include fire hydrants and pressure for required fire sprinkler systems. 8. Identify members of Board of Directors, meeting schedule for 2001 and future meetings and notice practice for the meetings. 9. Water Resources and Wells: OAWS working with Orange County to evaluate the impact of high 29 capacity wells on the water resources of the County. IV. Consideration of updating the Efland Area Small Area Plan to include or not the Buckhorn Road Economic Development District; V. Consideration of public utility (water and sewer) service to the Buckhorn Road Economic Development District.