HomeMy WebLinkAbout2000 NS BOCC - Water and Sewer Boundary Agreement y 5
FINAL.
4/30/99
WATER AND SEWER MANAGEMENT3 PLANNING
AND BOUNDARY AGREEMMNT -
THIS AGREEMENT, made and entered-into this day of
1999,by and between the COUNTY OF ORANGE,-a
political subdivision of the State ofNorth Carolina; the TOWN OF
CARRBORO, the TOWN OF CHAPEL HELL,'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. '
"RrI MSSETH:
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:
Lin 1
A. Charge to the Water and Sewer Boundary Task Force
Since the mid-I980's, several attempts to define water and sewer
service boundaries for Orange County and the municipalities of
Chapel Hill, Carrboro and IMbbrough 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 us
plans and annexation plans in existing agreements, suc
as the grange County-Chapel FRU-Carrboro Join
Planning. Agreement and Joint Planning Area Land Us
Plan
3. To resolve in advance and preclude future conflicts abo
future service areas and annexation areas.
4. To provide for predictable long-range water and sewer
capital 'improvement planning and financing.
5. To provide for limitations on water and sewer service
certain areas, as defined.
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
.` j 0
�---- This agreement shall remain in effect for five years from i
execution, and shall be renewable as provided in the followin
subsection.
C. Procedure for renewal '
ten
- At the end of each ,V'e-year term, the agreement shall rene
automatically, unless written notice is provided of intent t
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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0
G. Courtesy Review of Development Proposals Within
Service and Interest Areas
The water and sewer providers that are parties to this
0
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 developme n
plan review authority shall retain approval authority fbi all
development proposals within.its planning jurisdiction.
H. L,inkage with the Orange County-Chapel EMI-Carrboro
Joint Planning Agreement and other future agreements
This agreement shall be made part of the Orafige County-Chape
M-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 pl 1 9
agreement does not constitute withdrawal from this agreement.
Withdrawal from this agreement can only be accomplished as
provided in this agreement.
Primary Service Area: An area where water and/or sewer service is
now provided, or might reasonably be provided in the future, accordin
to adopted plans (hereinafter referred to.as "service area!T.
2.As per the map in Appendix.4 the Town offillshorough Long-Term Interest Area and Primary Service
Area are combined and for purposes of this agreement is its Primary Service Are=
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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 system(s) 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 no
treatable prior to withdrawal to the point where th
threat of disease or serious health effects is
eliminated;
♦ there is no alternate location on-site for a new
water supply system which can be permitted=e
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 becaus,
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 s'ervice 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 one Service provider t
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.
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 VI.B, VI.C, VI.D, VIX, VII.A, V11B, VII.Cy. 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 M,01
�---- Carrboro and OWASA.
3.Parenthedcal phrase to be left in until agreement is adopted
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-PRO
A. Policy Issues.
Planning and growth management issues are influenced by th
location of water and sewer. This agreement is not intended
supersede other land use agreements made by the loc
governments.
B. Procedures for the provision of service within the Servic
Areas and Interest-Areas
1. When water and sewer service provision is-required
tb address an adverse public.health conditiona, 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 an
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.
D. ther sion a agem onsi es
. .. rued
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, VI.C, VI.D,VIX,VII.A, VII.B, VII.0}3.
Individual on-site and small/comraunity-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.lbid
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 th
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-
f inctioning non-discharge wastewater system (e.g., a spray-
n-ngation 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 soillsite 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.
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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
the.governmental entity(ies) in the appropriate interest area.
The final decision to use any particular means or tool f r
rectifying any particular adverse. public health conditi n-
remains, through zoning regulations or other land e
ordinances, with the governmental entity or entities ha, ' 9
zoning or planning jurisdiction over the area' where the ad er e
public health condition exists. In the Orange County-Chap I
Hill-Carrboro Joint Planning Area, the Joint Developme
Review Areas shall be used to determine, which of the. JP
parties shall jointly decide on thevappropriate means or tool f r
rectifying an adverse public health condition. Public water
public sewer lines extended to provide service to an adver e
public health condition or essential public facility cannot e
used for other purposes or other parties, except to reme
another adverse public health condition. C_V rt) VV Safes
icy z7hd
C. Sizing of Lines Extended Into Interest Areas
yj e,C Y,;n9 r3ndarc
gn
t_= M
The extension of public water orju7b�lic sewer lines into
interest area shall be sized so as nly to serve the intended use
as defined in this'agreement. Ho - e-v ec, :n the case of a public
water line extension, provisions shall be made to address
adequate line sizing for pressure and volume considerations.
D. Controlling Access to Lines In Interest Areas
Public water or public sewer lines.extended to provide servi e
to an adverse public health condition.or essential public facili
cannot,be used for other purposes or other parties, except
remedy another adverse public health condition.6r 5 C-,v,,,V
-ca-C -1414Y I.,
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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 minimise
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 Co uires the o�
approval of Orange County, Chapel H llCCarrboro and OWA SA.
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 (Th'.s e':j; a-n S�jL-`� /Vu "' 6-Y'P
+0 OhV <v57'wM v e�c��i� � c3
Emergency water transfers are transfers i
I
1. Are made for short--term duration.For the purpose of this
Agreement, short-term duration shall be reviewed at-W.
68_ - 90 days,with subsequent 90-day
intervals up to one year, as per the following process:
qO
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.
b. At A6 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.
` ' ;z 70
C. Between f;6 days and X 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.2-7 G
continuation of the transfer beyond Wdays. 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 thel -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;
AND
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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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.
+ . 6 =
A. Linkages to Other Agreements
There are a number of existing agreements'among the parties t
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 controls eXce,
the.r vv use V`1/11eJ Included among these relevant agreements with Linkages are:
Hillsborough-Durham Service Area Agreement
+ OWASA-Durham Service Agreement
• Eno River Capacity Use Agreement
• Hillsborough/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 DEHNR
• OWASA.Agreements of Purchase and Sale between 1)
OWASA and Carrboro, 2) OWASA and Chapel Hill., and
3) OWASA and UNC
1f
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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
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413 99
THIS AGREEMENT ENTERED INTO THIS DA's OF
, 1999.
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 Hill
Mayor, Town of CmTboro
Attest:
Town Clerk,Town of Carrboro
Mayor,Town of11illsborough
Attest:
i
Town Clerk,Town of Hillsborough
Chair, OWASA Board of Directors
Attest:
43ofnaL oc
•
WATER AND SEWER MANAGEMENT PLANNING
AND BOUNDARY AGREEMENT
Passages to be discussed
are marked with brackets
W,,,Wen Ahn n k,6 ,3 T
C k .6Q,. vr.,.d e. f,r-- � n--
G
ti
Go
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_ 3 The Orange,County Health Department makes the
dot oa when an adverse public health condition exists, ,
3 i and will make a 'on on the rte ►to
-r- the vvwun nrtal e�ttigfIes)is the aplu� area„
The few decision toy use; nay particular mum or tool
i
rex any particular adverse. public health candid
--o rema, through zmft regulations or other load S
�-- S2 with the goveiaumemtal entity or entities a
zoning or planning jurisdiction over the area where tic
.- public health condition eidsts. In the Osage
HOI-Caurbo o Iota Plam ag Ares, the Joint Deveiopmr � �
Review.Arms shall be used to determine•which of the JP -
U - partiee► shall jointly decide on the. ate mans or tool fo -�.I p
rectify* an adverse public health condition. Public water � =
public sewer lines e;dteandeed to provide service to as
public health condition or essential public facility cannot of
used for other ses or other parties.
P r__.. " _
,��" to-
4-
sIIOtheJr adverse i1C health Condt ~
-�.. o @•Arm W. E QC�t in`a Ca Q ncE. .
C. ShingafLives Extended Into Interest.Ar iEeri u
ar t4- 4 ass ..
-.� The exteusion of pub or public sewer lines into as
iutearest am shall be sized-so y to serve the intended use.,
as defined in this'd e G �,in the case of a public
water line tudwsion,provisions shall be made to address
adegiwe line sizing for pressure and volume caoaruaide Lions.
D. Controlling Amm to Lives In Interest Arew
Public water or public sewer lines,ex to provide service:
to an adverse public health c cmditicn.or essential public facility
caunat-be used for atbe r pugmes or other parties, cnc t to
remedy another adven a public he4th ccoadition.�
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__-E. _ --Sitiag.of�gtiarPtlb�EFac-ilibes Withinlntw�tAreas
The location of some essential public facMdes,Particulaily
schools,requires"special considezatioti for access to public
water and sewer lines. ..
Where posale, schools sha11 be sited in a mmm that
promotes the efficient use of existing water and sewer service.
Preferably, a set of criteria goyezning such situstioes mould be
developed based on consultations between the.appriate
school boards and the elected officials of armed jurisdictions,
and applied as necessary.
Publicly=owned facilities other then 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 a iniixe
the need to extend existing lines.
F. 'Water and Sewer Service Into/Out of Orange County
Recognising the land use implic$dons of'public water and
Public sewer service in adjacent cowg ies an. jurisdictions
within Orange County, water and sewer service of any of the
service providers that an patties 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 eidlier side of the Comity boundary. Any.
won of lines or service into Chatbam County requites the r
approval of Orange County,Chapel HE'Czaboro and OWASA.
This approval is not requited when and sewer servicc is
required as a condition of annexation by.the towns of Chapel
Hill or Carrboro.
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A. F-mergeney Water Transfers
+b 0-,h i, C f &-kA' . Q r -�-td, 101 CL M y;n i c•�'a �`/�
Emergency ater transfers are transfers that:
1:
Are made for*h 64=m dumflon.For the pirpose of this
�. Agreement,shoit-tOlm duration shall be reviewed at 30 ,
.A days, 60 days and 90 days,with subsequent.90-day
4 intervals up to one year,as per the follow ag pr±oom..
s
c a.
After 30'days duration, a memo from the chief
-
officials ofthe•service providers
will be seat to the managers of the jmUdietions
u � 6
that are parties to thisA,zm=cnt The memo•khaU-
document the cmerBY, steps being taken to
address the sibuation, and notify the managers of -
L the potential for a longer period of the emergency
�_. ..._ water transfer.
b. At 60 days,the sennc a provider sending the water
shall notify its elected board(or,-in the case of
_}.• �' OWASA,the member goverrmo�en' elected boards)
`A on the status of the emergency and provide
�- opportunity
for the boards to review and comment
?' on the situation.The receiving provider shall
0 ` provide similar information
—1 s o �•
a Between 60 days and 90 days from inception of
transfer,the elected boards which exercise
-�, .,,U planning]msdiction on either side of the
O ti boundary in which the service is provided shall
I review and approve or not approve the
C ontinuation of the traush r beyond 90 days. If _
continuation of the transfer is approved, it may
continue for an additional 9(kW period.
Approval shall.be required for each subsequent
90-day period,with a maximum emergency water
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. • • :.t • :fi f • of days from 111 • ■ •It
of Action by%q elected boards asjXVMICW Mi tbiS
90-&y ► - !
d. At the 30-&y pohn%the service Xavider xW
:i1 • ficifity •+-1• M ■ ++ we svaUable to Iw ■ •i 1
affecting.the quality and juntity of wata s**y
and savices to custmers Vidin.its service area.
a
and vdt
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ud
Mutual A1*,d Compact,
A. JOINT RESOLUTION
ESTABLISHING COMMON LOCAL POLICIES FOR MUTUAL AID
DURING WATER SUPPLY EMERGENCIES IN REGION J. NORTH CAROLINA
IVIIEREAS, 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,
NVIIEREAS, utility infrastructure with sufficient capacity and reliability is essen-
tial to the Region's continued economic strength; and,
WHEREAS, the governing bodies of the parties to this Resolution recognize axi
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 systellis
provide the basis of a larger, more coherently planned water supply network;
and,
WHEREAS, such interconnections should be designed to uicet:water supply needs
ranging from short term emergency service measured in days; to seasonal d1 ought
supplements lasting for weeks or months; to longer duration transfers capable (if
satisfying interlocal water supply needs over a period of years; and,
ti'III'REAS, the Region's overall water resources are sufficient.to incct 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 collullunities, with those identities often expressed
through different philosophies of growth, development, and capital facility expansion.
NOW THEREFORE, the governing bodies of the parties to this Resolution having ticter-
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:
I. COOPERATIVE INTENT
The parties to this Resolution intend to proceed cooperatively in utilizing water tesoutces and
facilities to support their respective service areas,and upon future mutual agreement, to ewer into
such joint administrative, financial, engineering or construction ventures which lite individual
parties determine support the best interests of theirconstituencies in assuring a reliable,high quality
water supply during short teen emergencies as defined herein.
2. ADDITIONAL INT'ERCONNECT'IONS
The parties agree that emphasis should be given to creating or enlarging interconnections bet-wern
watcr systems in the Region in order to provide for water transfers under short term e► ►eigency .
conditions.
3. WATER SUPPLY EMERGENCIES
The parties intend to establish mutual policies and practices for satisfying water supply nee is dut ing
unanticipated disruptions of a short term emergency nature, such as those caused by human crtor,
equipment failure, chemical contamination, fire, flood, or other disasters.
For the purpose of this Resolution, "short tern emergency"shall mean a per iod of not n lore than
seven days.
It is not intention of the parties to this Resolution that these policies and practices, be cut -'trued to
apply to water transfers for meeting seasonal drought or longer term interlocal %vater needs. ui►less
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,%vuuid be activated
by the chief administrative officers of the entities involved. 11iey,shal! imtuediately 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 Uansfcr.
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 the affected party in correcting the emergency condition.
- 2-
G. PRICE OF WATER DURING EMERGENCY
Unless otherwise specified by existing agreements,the price of water transferred during:a short tei-ni
emergency shall be the 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
term emergency (die ultimate receiver of water) shall be responsible for paying.any excess casts
incurred by other parties (providers) to die transfer. These costs mhy.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 any difference in
commodity rates paid by an intermediate provider for water transferred through its owtt system.
7. PI?RIOD OF AGREEMEN`I
This Joint Resolution shall become effective on December 1, 1988,.and continue fora licriod of five
years therefrom.
This Joint Resolution may be extended upon mutual agreement of the parties.
IN "I"I?STINIONY 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
M=AL 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 Iocal 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 fora.period of 5 years there-
from.
This Joint Resolution may be extended upon mutual agreement of the parties.
00 00
Everette Edward, or Attest:_� r�'r-�'�',lz 1-114 Y��-.
Town of Apex Town erk
32121193
Charles Matthews,Mayor Attest:
Town of Benson
Eieanor G. Kmnaird,Mayor Attest:
Town of Carrboro
Koka E.Booth,Mayor Attest:
Town of Cary
Kenneth Braun,Mayor Attest
Town of Chapel Hill