HomeMy WebLinkAboutRES-1996-041 Resolution Providing Permission for Sewer Service for Lloyd's Car Wash in Efland by Tapping the Force Main of the OC Efland Sewer /o-i- 9�
RESOLUTION PROVIDING PERMISSION FOR
SEWER SERVICE FOR LLOYD'S CAR WASH IN EFLAND
BY TAPPING THE FORCE MAIN OF THE ORANGE COUNTY
EFLAND SEWER 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
WHEREAS, 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
WHEREAS, 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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WHEREAS, 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
WHEREAS, 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 BOARD OF COUNTY
COMMISSIONERS OF ORANGE COUNTY THAT:
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 William L. Crowther, Stephen H. Halkiotis
and Don Willhoit
Noes: Moses Carey, Jr. and Alice M. Gordon
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 Commissio ers for said County at a regular meeting of
c'fo, er
said Board held on Seer /S�, 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 6"'Aae-r , 1996.
Clerk to t#b Board of 94mmissioners
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lloyd.res
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