HomeMy WebLinkAboutAgenda - 09-17-1996 - 5b ' 1
ORANGECOUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 17, 1996
Action Agenda
Item # S-6
SUBJECT: Efland sewer force main tap resolution
DEPARTMENT: County Manager PUBLIC HEARING: Yes_g_No
ATTACHMENT(S):, BUDGET AMENDMENT: Yes x No
Resolution INFORMATION CONTACT:
County Engineer Extension 2303
County Attorney 732-2196
TELEPHONE NUMBERS:
Hillsborough - 732-8181
Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 967-9251/968-4501
PURPOSE: To present the BOCC with a resolution permitting the connection of sewer service for
Lloyd's Car Wash, located at the southeastern corner of the intersection of US Hwy 70
and Efland-Cedar Grove Road in the community of Efland, by tapping into the portion of
the primary Efland sewer force main lying near that intersection.
BACKGROUND: Orange County has been approached for assistance with an urgent need to provide
an acceptable waste treatment option for waste wash water generated by Lloyd's
Car Wash which is located on Hwy 70 in central Efland. Mr. A. B. (Ben)Lloyd,
Jr., has represented to Orange County that he is the sole owner of the business and
the land on which it is located. Mr. Lloyd is under a long-standing order by state
environmental regulatory authorities to curtail the current practice of discharging
untreated wash water to the land surface adjacent to the car wash. The two
options available which will allow Mr. Lloyd to comply with this order are to
(1) close the car wash or(2) discharge the waste wash water into the Efland sewer
system. In March 1996 Mr. Lloyd requested that the County grant permission to
connect the car wash to the Efland sewer system by means of tapping into the
system force main lying close by his property. County staff denied Mr. Lloyd's
request to tap the force main and suggested that he obtain sewer service by
extending a small diameter force main from the car wash to the McGowan Creek
pumping station. The cost of the staff suggested alternative was not acceptable to
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Mr. Lloyd and he spoke individually with several County Commissioners about the
car wash waste and sewer tap situation. At the request of Commissioner Wilhoit,
staff prepared a report outlining the issues related to the Efland sewer system and
Mr. Lloyd's tap request. Staff also presented its recommendations relative to
providing sewer service to the car wash. The issue was discussed at the
September 3`d, 1996 meeting of the BOCC. The Board directed County staff to
provide a draft resolution for its consideration at its September 17� 1996 meeting.
The thrust of this resolution would be to (1) grant permission for provision of
sewer service to the car wash by means of tapping the Efland sewer force main and
(2) set the conditions under which the tap would be allowed.
RECOMMENDATION As the Board decides.
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RESOLUTION PROVIDING PERMISSION FOR
SEWER SERVICE FOR LLOYD'S CAR WASH IN EPLAND
BY TAPPING THE FORCE NUN OF THE ORANGE COUNTY
EFLAND SZ11ER SYSTEM
WHEREAS, A.B. Lloyd, Jr. has represented to Orange County that
he is now and for more than twenty years has been the sole owner
and operator of a self-service car wash in Efland located on the
southeast corner of US Hwy 70 and Efland-Cedar Grove Road; and
WHEREAS, it has been determined and ruled by the .NC Division
of Water Quality (formerly the Division of Environmental
Management) and the NC Environmental Management Commission that
said car wash does not meet state environmental statues regulating
the -discharge of waste water and is thus improperly discharging
untreated waste wash water to the land surface which drains into
McGowan Creek and thence the Eno River, each classified as a WS-II
level, high quality water supply resource within a stringently
regulated and protected watershed; and
WMKRZAS, the EMC has ordered that A.B. Lloyd, Jr. terminate
the surface discharge of waste wash water from the car wash; and
WHEREAS, it has been determined by environmental officials
that no on-site waste water treatment alternative exists; and
NEOD EAS, Orange County owns and operates the Efland Sewer
System; and
WHEREAS, the only two options available for mitigating the
discharge are to close the car wash or to discharge the waste into
the Efland Sewer System; and
WHEREAS, a portion of the Efland Sewer System force main lies
along the north side of US Hwy 70 and directly across from the
Lloyd Car Wash; and
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VEMRR71S, it is Orange County's policy and practice to prohibit
force main taps or connections into sewer systems which it owns or
in which it participates, including the Efland Sewer System,
particularly where the sewer system is not designed for force main
taps or connections, because of the risk to the environment and the
risk to the proper functioning of the utility system associated
with such taps or connections; and
WBZRFM, the Board of Commissioners has determined that this
policy and practice should allow for a force main tap or connection
when all of the following are present:
1. the land and the facility to be served are located in an
Urban or Transition area as identified in the Land Use Element of
the Orange County Comprehensive Plan; and
2 . the connection to the force main will, in all other
respects, comply with the Orange County Water and Sewer Policy and
will comply with federal, State and Orange County policies, laws,
regulations and rules applicable to the sewer system to which the
force main connection will be made; and
3. the connection will correct a violation of a federal,
State or local government policy, law, regulation or rule
regulating the discharge of waste water into the waters of the
State which violation is the result of a federal, State or local
policy, law, regulation or rule requirement which was not a
requirement at the time the waste water system serving the land and
the facility was constructed; and
4 . the force main tap or connection will be temporary in
that there is a gravity sewer alternative to the force main or
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connection planned and the probability is that the gravity sewer
alternative will be constructed within five (5) years of the force
main tap or connection AND the owner of the land and facility, for
the owner, the owners heirs and assigns, agrees to pay all fees and
costs for and make, in compliance with all federal, State and local
policies, laws, regulations and rules in effect at the time of the
connection to the gravity sewer line alternative, a sewer tap or
connection to the gravity sewer alternative within sixty (60) days
after it is available adjacent to the land where the force main tap
or connection has been made; and
WHEREAS, the force main tap or connection to Lloyd's Car Wash
can meet, with the agreement of the owner of Lloyd's Car Wash and
the owner of the land upon which it is located, all four of the
conditions specified above.
NOW, THEREFORE, IT IS RESOLVED BY THE HOARD OF COUNTY
C SSIONERS OF ORANGE COUNTY TAT:
1. The owner of Lloyd's Car Wash and the owner of the land
upon which it is located may construct a temporary, pressurized
sewer service lateral and tap that lateral into the portion of the
Efland Sewer System force main lying directly across US Hwy 70 from
the car wash; and
2. The owner of Lloyd's Car Wash and the owner of the land
upon which it is located shall employ the services of a
professional engineer licensed by the State of North Carolina and
qualified by virtue of education and experience to practice in the
field of sanitary engineering to design a pressurized sewer service
lateral system to serve Lloyd's Car Wash; and
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3. The pressurized sewer service lateral system shall
include a high-head low flow grinder pump system including a
holding/pump tank and discharge flow metering equipment; small
diameter valves, fittings and force main or pressure sewer service
lateral extended under US Hwy 70 with encasement piping under US
Hwy 70; and a waterproof vault or manhole containing the force main
tap and the necessary shut-off and backflow preventing valve
assemblies; and
4. In addition. to obtaining system design approval from the
Orange County Engineer, the owner of Lloyd's Car Wash and the owner
of the land upon which it is located and his/her or their engineer
shall be responsible for complying with all necessary permitting
and system design approval procedures of the Division of Water
Quality, the NC Department of Transportation and Orange County and
shall submit evidence of those approvals to the County Engineer;
and
5. The owner of Lloyd's Car Wash and the owner of the land
upon which it is located shall properly execute the SEWER EASEMENT
DECLARATION attached to this resolution as "Exhibit A. "
Upon motion duly made and seconded, the foregoing resolution
was passed by the following votes:
Ayes: Commissioners
Noes:
w * rr * * * t
I, Beverly A. Blythe, Clerk to the Board of Commissioners for
the County of Orange, North Carolina, DO HEREBY CERTIFY that the
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foregoing has been carefully copied from the recorded minutes of
the Board of Commissioners for said County at a regular meeting of
said Board held on September , 1996, said record having been
made in the Minute Book of the minutes of said Board, and is a true
copy of so much of said proceedings of said Board as relates in any
way to the passage of the resolution described in said proceedings.
WITNESS my hand the corporate seal of said County, this
day of , 1996.
Clerk to the Board of Commissioners
lsg-6
lloyd.res
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EXHIBIT "A" SEWER EASEMENT AND DECLARATION
NORTH CAROLINA
ORANGE COUNTY
SEWER EASEMENT/DECLARATION
This Easement/Declaration, made this day of , 19
by -
hereinafter called"Owner/User":
WITNESSETH:
Article L Easement. In consideration of the promise of Orange County, hereinafter
called"the County" or"County", to permit Owner/User to connect to the County sewer system to
serve the property of owner/User and in further consideration of the promise of the County to
maintain said sewer system and apparatus from and after completion of construction and
installation as hereinafter specified, Owner/User, and his/her or their successors and assigns, hereby
give, grant, and convey unto the County, and its successors and assigns, a perpetual right and
easement over, upon and through the property or properties described in Attachment A, attached
and incorporated herein, to maintain one or more underground sewer lines and apparatus over,
upon and through the property described in Attachment A.
This easement includes the perpetual right and easement unto the County to go upon said
lands whenever the same is reasonably necessary for the purpose of inspecting, maintaining and
repairing said lines and apparatus;provided, however, that in repairing said lines, the County shall
remove all surplus earth, shall make level the surface of the ground above said lines and apparatus,
and shall interfere as little as possible with any plants, fences, or other improvements upon the
property or properties.
Owner/User, and his/her or their successors and assigns shall, from time to time, at the
request of County, execute, acknowledge and deliver to County any and all future instruments
which may reasonably be required to give full force and effect to the provisions of this Agreement.
To have and to hold said rights and easements to the County and its successors, in
perpetuity.
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Article II. Sewer Connection.
A. The County has constructed and is now operating a sewer collection and treatment
system. A copy of the November 20, 1984 Resolution of the County Board of Commissioners,
which formed the basis for the decision by the County to construct and operate this system, is
attached, labeled Attachment B, and incorporated herein. The operation of the sewer collection
and treatment system will be subject to and performed in compliance with all policies, regulations
and ordinance requirements which the County has now adopted and may adopt from time to time.
B. Owner/User agrees to install and maintain at his/her or their own expense a service line
from the sewer collection and treatment system to the dwelling or place of use of Owner/User and
that he/she or they will commence use of the sewer collection and treatment system when the
service line is placed in operation.
C. Owner/User agrees to pay all charges made by County for connection to the sewer
collection and treatment system and for the operation of that system according to duly enacted rate
schedules of County and as they may be changed from time to time.
D. Owner/User agrees to comply with all policies, regulations, ordinances and rules of
County related to the sewer collection and treatment system.
E. Owner/User hereby agrees that the installation of the service line from the sewer
collection and treatment system to the place of use of Owner/User is pursuant to the September 17,
1996 Resolution of the County Board of Commissioners, a copy of which is attached, labeled
Attachment C, and incorporated herein. Owner/User hereby further agrees to pay all fees and costs
for and make, in compliance with all federal, state and local policies, laws, regulations and rules in
effect at the time of connection, a sewer tap or connection to a gravity sewer alternative to the
force main connection permitted by Attachment C within sixty(60) days after the gravity sewer
alternative is available adjacent to the land where the force main tap or connection has been made.
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F. Owner/User hereby agrees that his/her or their obligation to make the connection to the
gravity sewer alternative and to pay all charges made for connection and operation are ones which
may be specifically enforced by County in a civil action brought by County against Owner/User for
such enforcement.
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IN WITNESS WHEREOF, Owner/User has hereunto set his/her or their hands and seals;
and, if corporate, has caused this document to be executed in its corporate name by its President,
witnessed by its Secretary, and its corporate seal hereunto affixed all by authority of its Board of
Directors duly given.
(SEAL) (SEAL)
(SEAL) (SEAL)
Witness
ATTESTED TO:
NAME OF CORPORATION
BY: BY:
SECRETARY PRESIDENT
NORTH CAROLINA
ORANGE COUNTY
I, the undersigned Notary Public, certify that on this the day of ,
19 , before me personally came
and acknowledged the due execution of the foregoing Easement/Declaration.
Witness my hand and official seal this the day of , 19
NOTARY PUBLIC
My commission expires:
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NORTH CAROLINA
ORANGE COUNTY
I, the undersigned Notary Public, certify that on the day of ,19l,
before me personally came_
to me personally known, who being by me duly sworn, did depose and say that he/she is Secretary
of .the corporation described in
the foregoing Easement/Declaration; that by authority duly given and as the act of said corporation,
the foregoing Easement/Declaration was signed in its name by its President, sealed with its
corporate seal and attested by said Secretary.
Witness my hand and official seal.
NUIARY PUBLIC
My commission expires:
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Attachment A
Property Description
Property Owner:
Property Address:
Property Description:
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Attachment B
Orange County Board of Commissioners
RESOLUTION
WHEREAS, the Efland-Cheeks Elementary School, one of the schools in the Orange
County School System, has experienced and continues to experience serious problems with its
wastewater treatment facilities in that those facilities have failed in the past and now, although
functioning, are not doing so properly; and
WHEREAS, the improperly functioning wastewater treatment facilities are
discharging incompletely treated sewage into McGowan Creek, a stream that is part of the Upper
Eno watershed with a II-A nutrient sensitive classification by the State; and
WHEREAS, incompletely or poorly treated sewage is also entering McGowan Creek
and other streams that are part of the Upper Eno watershed as the result of malfunctioning or non-
functioning septic tanks in the Efland Estates Subdivision and other areas in the watershed; and the
cause of the improperly functioning wastewater systems is the pervasiveness of soil types in this
region of Orange County which do not provide a geologically suitable medium for subsurface
wastewater treatment systems; and
WHEREAS, the Upper Eno watershed provides the raw water supply for
Corporation Lake, the source of raw water for the Orange-Alamance water system and for Lake
Ben Johnson, the source of raw water for the Hillsborough town water system which in turn is a
source of treated water for the Orange Water and Sewer Authority, in times of drought; and
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WHEREAS, all of the above has created and continues to create a health hazard that
affects a substantial number of the people of Orange County; and
WHEREAS, on September 13, 1984, the Board of Commissioners, recognizing the
risk to the health, safety and welfare of the people of Orange County affected by the conditions
stated above, found that an emergency existed which warranted the issuance by Orange County of
net debt reduction, general obligation bonds in connection with and for the purpose of repaying a
$200,000.00 loan from the Farmers Home Administration which loan has been approved in
principle by FmHA along with a grant to Orange County in the amount of$589,300.00 for the
construction by Orange County of a sewer collection end treatment system to serve the area of
Orange County identified as the principle source of the risk to the health, safety and welfare to the
people of the County; and
WHEREAS, the Board of Commissioners now has agreed on the conditions under
which the sewer collection and distribution system will be constructed,
IT IS RESOLVED THAT:
1. Orange County will construct a sewer collection and treatment system(Hereinafter called the
System)to serve existing dwellings and businesses I within Phase I of the Project Engineer's
Preliminary Report, 5th Edition dated April 5, 1984, last revised August 7, 1984. (Hereinafter
called Phase I of the Project Area)
2. Orange County will appropriate $136,000 to the Orange County Utility Enterprise Fund. The
principal plus interest at the interest rate charged on delinquent ad valorem taxes shall be
repaid from that fund to the Orange County General Fund by the assessment of tap fees of
$600 per residential equivalent connection.
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3. Each person, firm or corporation connecting to the system, other than those initially connected
from among those initially applying for connection, shall pay a $600 per residential equivalent
tap fee to the Enterprise Fund.
4. Those persons, firms or corporations initially connecting, from those initially applying for
connection, shall be exempt from the $600 tap fee. The Board shall establish by Resolution
deadlines for initial application and initial connection.
5. The Enterprise Fund shall be perpetual in duration, once the $136,000 plus interest
appropriated by Orange County is repaid, the Fund shall be used as deemed appropriately by
the Board for further utility needs.
6. A tap fee of$10,000 shall he paid to the Town of Hillsborough by Orange County for the
connection of the first 212 existing dwellings and businesses within Phase I of the Project
Area. This $10,000 tap fee shall bean appropriation by Orange County to the System and
shall not be recouped through user fees or otherwise by Orange County. Those persons, firms
or corporations connecting to the system after the first 212 connections shall pay tap fees to
Orange County and the Town of Hillsborough in a amount established by policies and
procedures of the County and the Town of Hillsborough from time to time.
7. A tap fee of$5,000 shall be paid to the Town of Hillsborough by Orange County for the
connection of the Efland Cheeks Elementary School to the system. This appropriation shall
not be recouped through user fees or otherwise by Orange County.
8. The System will be undertaken and funded by Orange County only if at least 179 persons,
firms or corporations located in Phase I of the Project Area apply for connection to and sewer
service for existing dwellings and businesses during the initial application period.
9. The operating expense portion of the System budget shall be prepared on the basis of 233
initial connections.
10. User rates shall be as established on the attached rate schedule and may be revised from time
to time as determined by the Board.
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11. Orange County will appropriate annually to the operating revenues of the System operating
budget the difference between annual expenditures and revenues received from user fees,
investment and other income of the System.
AND WHEREAS, the System Engineer has identified 14 parcels of land improved
with dwellings or businesses which are not located within Phase I of the Project Area but which are
located adjacent to it and on Southern Avenue; and as it may be feasible to connect these parcels to
the System within the System budget,
IT IS THEREFORE FURTHER RESOLVED THAT:
Provided the bid for the System, including construction of the portion of the System necessary to
serve these 14 parcels, which is accepted by Orange County is within the System budget, the 14
parcels shall be added to and considered to be part of Phase I of the Project Area in all respects
except as follows: priority shall be given to persons, firms or corporations located within Phase I
of the Project Area without inclusion of the 14 parcels located adjacent to it with respect to tap fees
paid to the Town of Hillsborough. If there are 212 applicants for connection to the System within
Phase I of the Project Area without inclusion of the 14 parcels adjacent to it which apply during the
initial application period, each applicant from among the 14 parcel shall pay tap fees to the County
and the Town of Hillsborough as determined by policies of the County and the Town. Applications
for connection from among the persons, firms or corporations owning the 14 parcels shall be
treated on a first-made basis with respect to tap fees to the County and the Town of Hillsborough
in the event there are more than 198 but less than 212 applicants for connection during the initial
application period from within Phase I of the Project Area. without inclusion of the 14 adjacent
parcels.
This the 20th day of November, 1984
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Attachment C
September 17, 1996 Resolution of the Orange County Board of Commissioners