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HomeMy WebLinkAboutAgenda - 03-21-2000-10ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 21, 2000 Action Agenda Item No. ,~,p-q SUBJECT: Water and Sewer Boundary Agreement DEPARTMENT: Caunty Commissioners PUBLIC HEARING: (Y/NJ Na ATTACHMENT(S): 3/15/00 Commissioner Gordon Memo 3/14/00 Commissioner Carey Memo Annotated Water/Sewer Boundary INFORMATION CONTACT: Commissioners Carey and Gordon Agreement TELEPHONE NUMBERS: Extract (p. 13-16) of Water/Sewer Hillsborough 732-8181 Agreement Chapel Hill 968-4501 Mutual Aid Compact Durham 688-7331 Mebane 336-227-2031 PURPOSE: To discuss unresolved issues related to the proposed interlocal agreement on water/sewer service boundaries. BACKGROUND: During the past two months, the Baard has discussed a proposed water/sewer service boundary agreement that was prepared by an interlocal work group during a periotl of several years in the late 199~s. Commissianers Carey and Gordon have collaborated to identify a range of points in the proposed agreement that require further discussion, as noted in the attached documents FINANCIAL IMPACT: There is no financial impact associated directly with the discussion of the water/sewer service boundary agreement. RECOMMENDATION(S): Discuss the proposed agreement and attached materials, and provide appropriate direction to staff. 2 MEMORANDUM To: BOCC and Manager From: Alice Gordon Subject: Water and Sewer Boundary Agreement Date: March 15, 20gQ The purpose of this memorandum is to summarize the issues that were left unresolved during the BOCC discussion of the Water and Sewer boundary Agreement in February. There are two types of outstanding issues, namely; those that are more controversial and those on which there is substantial agreement. The complete Water and Sewer Boundary Agreement in your packet is the "final" version produced by the Water and Sewer Boundary Task Force, and it has handwritten annotations by Commissioner Carey. Since all of the controversial issues occur on pages 13-16, you have in your packet. another copy of pages 13-16 with handwritten annotations by Commissioner Gordon to bracket the sections to be discussed and to summarize alternatives from which the BOCC can choose. Of the three controversial issues, two were the subject of much debate by the task force, and were passed by a split vote. The third is controversial because the language added since the February meeting is new and it changes the language approved by the BOCC in February. Controversial Issues fn general, the choice is between the original version forwarded by the Water and Sewer Boundary Task Force and the changes shown in handwritten_addition_s. LA) p. 13 -Sizing. of Lines (new language added since February) The choice is between: (1) language approved by the BOCC in February to show compliance with state regulations (2) change to add new language showing compliance with state og IicX Comment bv_Commissianer Gordon If we stick with the term "State regulations," that would mean lines would be sized only to serve the intended use, and the sale exception would be if state regulations required something larger. If we use the term "state policy,"' then there might be increases in size that were not mandatory. (B) o. 13 - Controlling Access to L_ fines (task force split vote) The choice is between: (1) original language recommended by the task force (2) change to add service to "another essential public facility" . Comment by Commissioner Gordon This issue was discussed extensively by the task force. The language proposed by the majority and adopted by majority vote was as follows: Section D on "controlling access to lines'' (page 13) would exclude service to another public facility, since (according to the majority) that service might allow extensions to extensions and thereby allow proliferation of utility lines. However, Section E on "siting of essential public facilities" (page 14) was included to pr6vide some flexibility. 3 Water and Sewer Boundary Agreement -March 15, 2000 page 2 C . 15-16 - Emer enc Water Transfers -Len th (task force split vote) The choice is between: (1) original language recommended by the task force (2) changes to increase the number of days in the review and approval process Comment by_ Commissioner_Gordon This issue was discussed extensively by the task force. Originally some group members wanted to require the first notification and approval to occur within seven days, as is the case with the Mutual Aid Compact for Water Supply Emergencies in Region J, or at least have approval within 30 days. They also wanted to limit the time a transfer could be considered an emergency. Others wanted a much longer time period. The major question was the length of time a transfer could occur and still be considered an "emergency." The compromise proposed by the majority and adopted by majority vote was as follows: The length of time for approval was lengthened to 90 days, although notification of the stafF of the governing boards and of elected officials would occur at 30 and 60 days, respectively. Non-controversial Issues (A) _p: 8 =adherence to boundaries with specific reference to service to Chatham County (change to Chapel Hill or Carrboro) B . 14 -water and sewer service into/out of Oran a Coun (change to Chapel Hill or Carrboro). (app. 15-16 - emergency water transfers _ applicability (exclude any systems operated by a municipality) [_D) p._ 17 -linkages to, other agreements (add "except as otherwise provided by law") r~Changes already, agreed upon at the February meeting (1) There are also changes on page 3 (length of agreement) and page 10 (reserved section) that were agreed upon and are shown in the handwritten annotations made by Commissioner Carey. (2) There was also a change made by the BOCC on page 16 (non-emergency transfers) which appears to be inadvertently omitted from Commissioner Carey's annotations. The next to last sentence on page 16 was changed to the following underlined language: Non-emergency water transfers are only permitted with the approval of the Orange County Board of Commissioners or the elected or appointed boards of the service providers providing and/or receiving the transfer. GRANGE COUNTY COMM1SS10NER5 MOSES GAREY, JR., CHA/R~ i p STEPHEN H. HALK/OT/5, V/GE CHA/R P. O. B O X S 1 C7 MARCARETW.BROWN 2,QO S. CAMERON STREET ALJCE M. GOROON 6ARRYJAC08S HILL.sBoROU~H, IV.C. 27,78 Memorandum To: Orange County Board of Commissioners Subject: Water and Sewer Service Boundary Agreement From: Moses Carey, Jr:, Chairman Date: March 14, 2000 The revised draft of the Water and Sewer Service Boundary Agreement is attached for your information and review. This draft is the result of your previous review of the proposed changes discussed at our last meeting on this subject as well as the results of a meeting with the mayors of Chapel Hill, Hillsborough and Carrboro. They each stated that they believed that the draft enclosed would be acceptable with the majority of their boards. This draft has also been shared and discussed with OWASA board and staff representatives and seems to be acceptable with them because it addresses most of their concerns. The attorneys of the boards have not reviewed this draft. ~r ~\ e a~~ A meeting has been scheduled with the two Hillsborough board members that you asked Commissioner Gordon and me to meet with to discuss a draft that might be acceptable to Hillsborough. That meeting is scheduled for Apri16~'. The one constant in all these discussions has been that the original map of the boundaries will remain the same as agreed on by consensus. No one has a favorable perception of the revisions of the map presented by Hillsborough a few weeks ago. ,Hillsborough representatives are aware of this situation. Your guidance is sought at this time to move this matter closer to conclusion and adoption by all parties. No one with whom I have spoken has a desire to reconvene the task force again to address this matter. The mayors have suggested that they would take it to their boards for consideration when we get a draft that would be acceptable to most stakeholder boards. That would determine what the next steps would be if it is not accepted. Cc: John Link, County Manager Geoff Gledhill, County Attorney You Countln Orange County (919) 245-213 • FAX(919) 644-0246 Y ti ' FINAL" ' ~ 4/30/99 AlY.D B OUNDARY AGREEMENT THIS AG ,made and entered•into this ~ day of ,,,,199,9. by and between the COUN'T'Y OF ORANGE, ~a political subdivision of the State of North Cazolina; the TOWN OF . CARRBORO, the TOWN OF CHAPEL HILL,'and the TOWN OF H[LLSBOROUGH, municipal corporations duly created and existing unda~ the laws of North Carolina; and the ORANGE WATER ANA SEWER AUTHORY'].'Y, a public water and sewer authority duly created and existing - under Chapter 162A, Article 1 of the North Carolina General Statutes. WITNESSETH: Yn, consideration of mutual benefits regarding the de~ni[tion of water and sewer service boundaries and the management and planning thereof, the parties to this agreement hereby mutually agree as follows:. A. Charge to the Water and Sewer Boundary Task Force Since the mid-1980's, several attempts to define w.~r and sewer service boundaries for Orange County and the municipalities of Chapel I3i]I, Carrboro and Hillsborough have been undertaken. In 1994, a Task Force was formed consisting of elected officials from Caxrboro, Chapel Dill, 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 pzovide a comprehensive, County-wide system of service areas for future utility development and interest areas for dealing with private water and 5 r ., 6 FINAL X•/30/99 wastewatear system problems in areas without public ' water and sewer service. 2. To ,complement growth management objectives, land use • plans and annexation plans in existing agreements, such as the Orange County-Chapel Hill-Carrboro Joint Planning. Agreement and Joint Planning Area Land Use ' Plan _ 3. To resolve in advance and preclude future conflicts about future service areas and annexation areas. . 4. To provide for predictable long-range, water and sewer capital improvement planning and financing. • 5. To provide for limitations on water and sewer service in certain areas, as defined. F~~ 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 off.cial. ~. .Term of Agreement . ... ~ . ~a ~----~ ~ This agreement shall remain. in effect for five ~f years.. from its ~. . execution, and shall, be renewable as provided in the following ' . .subsection. C. ~ Procedure for renewal -~-~ r~ ' ~----- At the end of each. ~e--year term, the agreement shall renew ____~. automatically, unless written notice is provided of intent to withdraw as noted in subsection E below. FINAL 4/30/99 D. 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 agr-eement . 7 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. - . _- _ - - . - ~: ' 7f 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 oar. 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 intexest area without compromising service to current customers, S . FINAL . 4!30/99 G. Courtesy Review of Development Proposals Within Service aad Interest Areas The water and sewer providers that are parties to this agreement will be provided courtesy review and the right to provide written input into utility design and the provision of easements for all new major subdivisions and other residential and non-residential site plan approvals within theiz service area ' and interest area. The~parly to this agreement with development plan review authority shall retain approval authority for all development proposals within, its planning jurisdiction, H. Linkage with the Orange County-Chapel Hill-Carrboro Joint Planning Agreement and other future agreements This agreement shall be made part of the Orange County-Chapel Kill-Carrboro Joint Planning Agreement, by reference, and to . any future cooperative planning agreements that maybe 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 tike Joint Planning Agreement oz from any other cooperative planning agreement does not constitute withdrawal from this agreement Withdrawal from this agreement can only be accomplished as provided in this agreement 8 , .. ~,:-.,~ `Y' • ''f! , fti ~ Fr~.~'3~- 'ii`,~:~~- a:'.l~i+~:' - ~1.ar~.:l'~i.°, ~:..N~~~. .~_ ..~f:~-i~ ,3~:;•^ ---~r ~r ~,.~ ~:" t '' :±~. v,?rjt ::.4 -~;~ . -i:. ~~ ~t•. ~. ax., ~ ~:,r . ,s.. rte. Primary Service Area; An area where water and/or sewer service is now provided, or might reasonably be provided in the fixture, according to adopted plans (hereinafter referred to. as "service area")Z. • 2. Asper the snap in Appendis..4, the Town of Hillsborough Long-Term Interest Area and Primary Service Area are combined and for purposes of this agreement is its Primary Service Area. FINAL 4/30/99 OWASA Long-Term, Interest Area: An area (as shown on the Water and Sewer Service Boundary Map, which pis 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: Apublicly-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 Depaxtxnent; or, in the case of a well water. supply system, it meets all of the fallowing 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; v 1Q . FINAL 4/30/99 ~ the well water supply system is not reparable to .the point where the contamination can be eliminated; - + the.. water from the well water supply system is not • treatable prior to withdrawal to the point where•the threat of disease or serious health effects is eliminated; • there is no alternate location on-site for a new well water supply system which can be permitted under Orange County Health Department regulatory. .criteria in effect at•the time of the contamination _ - or~ an alternative site ~is unacceptable because ' widespread existence of contamination or because • of the potential of contaminant~migration to the . alternate site. ' A description of these terms and their application is provided in Section VI of this Agreement, Public Water or Public Sewer Service: The provision of water and/or sewer service, by a party to this agreement. This definition does not include consulting services'andlox technical assistance - - ~~ S@N1CeS. Emergency Water Transfer: Any short-term transfer'of raw water supply or finished drinking water supply from cne service provider to assist another service provider in meeting water needs during: a) unanticipated disruptions or emergencies relating to raw or finished water supply. Such disruptions or emergencies may result from.events including, but not limited to: (i) human error; ii) equipment or power failure; iii) supply contamination; iv) major fires, floods,. droughts or other disasters; and v) operations or facility maintenance activities, or . b) periods when temporary, short-term disruption of water supply or finished water service may occur as a result of Y FINAL 4/30/99 planned or unplanned maintenance of maj or 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. ` - [I~D~ ~ A. Service Areas and Interest.Area Boundaries The service area and interest area boundaries are as shown in Appendix A. r1 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, VZ.D, VI.F, VII.A, VII.B, VII.C)3. Xn 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 . c _ County requires the approval of Orange County, Chapel ~Ti11,4~ ~~' Carrboro and OWASA. 3. Pcrersthetical phrQSe to 6e lef! ih until agreement iv adopted - Y ~'+~~ ~ T 12 ~' J-1 `11~.1~ 4/3p/99 • A. Policy Lssues. • Planning and growth management issues are influenced by the . location of water and sewer. This agreement is not intended to supersede other land use agreements made by the local • governm,ents•. ' B. Procedures for the provision of service within the Service . Areas and Interest•Areas • . 1. When water and sewer service provision is required t~ address an adverse public:health condition., or to provide service to an essential public facility, the designated provider for the service area or interest area shall have the right of first refusal to provide such service. 2. Within the service areas and interest areas, the water and ' . ~ sewer provider will agree to provide service, as defined .. ~ in this agreement, as system capacity, financial resources, and athex reasonable utility considerations allow, and as provided in this agreement. C. Policy of "first refusal". • l . 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 detezm.ined 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. Y FINAL 4/30/99 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, 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, VY,F, VILA, VII.B, VII-C}3, Individual on-site and smalUcomxriunity-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. tbid . B. -Adverse Public Health Conditions An exception to the prohibition of public water and sewer service in interest areas maybe made to allow the extension of lines in the event the Orange County Health Department documents an "adverse public . health condition," 13 FINAL 4130/99 . An adverse public health condition exists where: 1. ~ In the case of existing wastewater system(s), it meets all of the following criteria: ._ • the wastewater system is failing; - . • the wastewater system is documented to be failing by the Orange County Health Deparmment; • . there is no on-site repair approvable or recommended by the Orange County Health, Department. The following terms used in the criteria above mean: ~ailin Wastewater S stern: A wastewater system is failing . when sewage or effluent is seeping or discharging to the ground surface or to surface waters. A permitted, properly- ' functioning non-discharge wastewater system (e.g., a spray- ixrigation system) and a permitted, properly-functioning discharge system are not failing wastewater systems. A rovable On-Site Re air: 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 soiUsite criteria in e$'ect at the time of the needed . repair. ~ . Recommended On- ite Re air: A recommended on-site repair is one that is not an approvable on-site repaix, 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 certifl.ed by an engineer to overcome all soiUsite limitations in the particular situation), site or system modification, flow reduction or other measures calculated tv improve functionality of the system. 14 ~2. In the case of an existing well water supply system(s), it meets all of the following criteria: 15 ~~.~., 4/30/99 • ~_ 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, draixung 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 5u l S stem: 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 gaxdens) and the pump and pipe used in connection with or pertauvng thereto, including well pumps, distribution pipes, plumbing pipes, tanks, fittings, and water treatment a.._......_ r FINAL, 4/30/99 3. The Orange. County Health Department makes the determination when an adverse public health condition exists, and will make a recommendation on the appropriate remedy to ~- the .governmental entity(ies) in the appropriate interest area. 16 . The final decision to use any particular means or tool for rectifying any partitcular adverse. public health condition • remains, through zoning regulations or other la~,d use ordinances, with the governmental entity or entities having zoning or planning jurisdiction over the area where the adverse - public health condition, exists, In the Orange County-Chapel ' • • - Hi.11=Cartboro Joint Planning Area, the Joint Development • Review Areas shall be used to determine which of the JPA . parties shall jointly decide on the.appropriate means or tool for rectifying an adverse public health condition. Public water or public sewer lines extended to provide service to an adverse public health condition or essential public facility cannot be used for other purposes or other parties, except to remedy another adverse public health condition. ~o G ~;Yn ~ j ~ ; ~ S~ ~ ~ - - ~P~li ~r ~c ~ ~~'~=h n %ca~ arld C. Sizing of Lines Extended Tnto Interest Areas ~ ~, ~ ~ r ~ ~ .r ~ ~~ ~dnda~c% - ~~ The extension of public water or ublic seu er lines into ^n interest area shall be sized so as~only to serve the intended use, as defined in this 'agreement. Howev G~, ;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 service to an adverse public health condition.or essential public facility cannot. be used for other purposes or other parties, except to remedy another adverse puNlic health condition. u Y ~ ~? ~ ~ ~ ~~ ~ 17 . FINAL 4/30/99 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 maane~ 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 offiicials 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 minim;~e the need to extend existing lines. F. Water and Sewer Service Into/Out of Orange County RBco~i~ing 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 Coun tX~~.._t~`or approval of Orange County, Chapel I3i]1~Cr b and QWASA. . -This approval is not required when water and sewer service is required as a condition of annexation by. the towns of Chapel _ Dill. or Carrboro. 1s ~~ 4r~or~ A" emergency Water transfers '~' h ~ -s ~'~- c' ~; ~ 5~1~. `l N o ~ c~~ P r . `~ -~ ~ ~O can ~~'-.~Sf'~l`Yi t~ ~'-r~?-~~~ ~ ~ ~~rgency water transfers am transfers tt: ~ i'-'~ a ~; c i ~~ /,~ ~~ . Y - l . 1• Are made fox s~iort tenu duration. For tfie ptupose of this Agreement, short term duratioa shall be reviewed ate ~ . 90 days, with subsequent 90.day . . intervals up to one. year, as per the following process: . - - a-.. After~'d~days dasa~on, am~ma from the chief administrative officials ofthe~serrvice providers . will be sent to the managers of the ,jurisdictions . . that are parties to tbisAgreement. 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. 1~© Ate days, the service.pmviders~nding the water . shall notify its elected board (or,~in the. case of - ` ~ aWASA, the me~nbex 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. . . 1e~ ~7r . ~ a. Between days and 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 theZ~o continuation of the transfer beyond ~d'days. If _ . continuation of the transfer is approved, it may continue for an additiona190-day period, Approval shall; be required for each subsequent . 9U-day period, with a maximum emergency water t~ 19 FINAL x/30/99 .transfer duration of 36S days from inception. Lack _ of action by the elected boards as provided in this subsection. constitutes approval for the subsequent . ~ 90-day period. _. 9 d. At the'day point, the service provider shall determine that adequate water and other resources and facility capacities are available to support the extended emergency .transfer 'without adversely . affecting the quality and quantity of water supply . _ and services to customers within its service area, and .without adversely. affecting environmental quality within its service area; 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 20 . FINAL 4!30/99 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 OWA.SA is the service,provider, approval must ,come from the OWASA Board of Directors and the elected .boards of Carrboro, Chapel Hi11 and Orange County. Ike ~ A. Linkages ~a Other Agreements There are a number of existing agreements' among the parties to this agreement that are relevant to the management and planning of public water and sewer service. In addition, this agreement and those listed below should all be read together. ' Where inconsistencies exist this agreement shall'control exc~~t a5 ~~r w+s~ ~''°W'~~ Included among these relevant agreements with linkages~are: b~ ~z~~. . • Hillsborough-Durham Service Area Agreement • OWASA-Durham Service Agreement * ~ Eno River Capacity Use Agreement • Hillsboroug}.a/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 x) ' ~ OWASA and Carrboro, 2) OWASA and Chapel Hill, and 3) OWASA and UNC ' w . 21 -FINAL . 4/30/99 ~~~~ A. ~ Water. and Sewer Ser~rice Boundaries Map B. Charge to the Water and Sewer Boundary Task Force C. ~ Toolbox of Remedies for Adverse Public Health Conditio_ ns D. Joint Planning Area Boundary Map E. Comprehensive Plan Land Use Maps for all Orange County 1oca1 governments, and of Chatham County .~ 22 FINAL ' 4/3 0/99 T'ffi5 AGREEMENT ENTERED INTO THIS ~ DAY aF 999. 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, Taws of Carrboro . Attest: Town Clerk, Town of Catrbaro . Mayor,•Tawn o£Hillsborough Attest: Town Clerk, Town of Hillsborough ~ • Chair, OWASA Board of Directors Attest: ~ - 430final.doc 23 WATER AND SEWER MANAGEMENT PLANNING AND BOUNDARY AGREEMENT PAGES 13 - 16 ONLY Passages to be discussed are marked with brackets ~-~. ~, ~, w ~~ -~e ~ , a ~ ~. d --f~- `~~ o n s s k d ~..~ T ~ ~~ C~h,~d Vre.~r, ia( (5 s ~~es _ u 3 _ ~ _y e.~ ~ ~ ~ s a 7~ ~ ~. ~ ~~ ~~ s ~ ,.~ ~-- d ~. U ~ ~ c ~~ d U ~ ,~ . '~ ~ ~ ~ .s ~ ~ ~ ..~°' ~ ~ `' d ~ ~~ ~ ~ C -~ o --1 r~ - ~~ y ~ ~. ,~ v tJ D. 24 ' FINAL .) z 4/30/99 ~ y:.. ~~. 3 • The Orange Oouaty Health D axtm.ent mattes e'P the determination when an adverse public health condition exists _ ,~ , . = and will make a recaaimeadation on the approp remedy tD ~ '. the .governmental. entity{ies) in the appropriate interest tea ~ ' . • ~ ~ ,. , Zhe final. decision to use any particular means or tool for ~ ~ ~ rectifying any .pa~tioular adverse, public health condition ~ remains, through zoning :regulations or other land use S 4 . ordinances, with the governmental entity or entities having ~ a . zoning oc planning jtxrisdict%on over the area where the adverse public health coaditloa exists. Ia the drdnge ~oum~ty-Chapel ~ ~ T~iT1=Carrboxo Joitxt Pla~tng Ares, the 7Qint Development . Review Areas shall be used to determine. which of the TPA ~ ~ . . parties shall jo3atly decide vn the appropriate means crt tool fox ~ p rectifym,g an adverse public health condition. Public water or ~ = . public sewer lines exkeaded to provide service to an adve ~ rse public health condition or essential public facility caflnot be of .~ ~ used for other purposes or other parties, except . to remedy another adverse lie health coaditio o e.~.~ { w:T-,. ~e 2c1~ rig c.~.l d.n.d. ~ ~ . Sizing of Tines F~atend ed Into Interest Ar ~ ~~ ee.ri r~. ' "lie extension of pub ter or public sewer lines into an ~ r ~ interest area shall be sized so y to serve the intended use, ~ ~ as defined 3n this'agreement_ owever, in the case of a public ' v water live extension, provisions shall be made to address ~ _ adequate lint sizing for pressure and volume considerations. ~ ~ Controliing Access to Linea In haterest Areas ~ ~? ~ . ~~ p . Public water or public sewer lines , exte~.ded to provide service to an adverse public health coadition.or essential public facility cannot, be used for other purposes oar other patties, except to ~. . remedy another adverse public health conditioa~ zs r FATAL . ~a~ E. Siting of ~sentisl Public Facilities Within Interest Areas Tie location of some essential public facilities, particularly schools, tBquires-special consideration foz access to public water and sewer lines. ~ .. mere possible, schools shall be Sited is a maones that prOmOtCS thB e$,cieat 1350 of existing water 8nd, SCOP~C SGrYiCC. Preferably, a set of criteria go~reming sash situations would be . developed based on consultations between, thae appropriate school board's and the elected officials of affected jurisdictions, . . and applied as necessary.. . Publicly-owned facilities other than a public sel~ool shall be located in a manner that promotes the orderly pmvision of _ water and sewer service. The preferred method of connection is . to lines that already exist; or is a manner that would~pouaQ.imize ~. the need to extend existing lines. F• Water snd Sewer ServlceInto/Out of Orange Coanfy Recogaiang ~ the land use implications of public water and public sewer service is adjacent counties on. jurisdictions ~~ Orange County, water and sewer service of any of the service px'oviders that are parties to this agre~,ent shall not be extended outside of the boundaries of Oxsage County without 'the approva], of the elected boards , which exercise planning jurisdiction oa either side of the Catmty boundary. Any pension of lines or service into Chatham Coca re the app~zoval of Orange County, Chapel Hill Ca~rboro and QWASA. r 'This approval is not required when, mad sewer service is required as a condition of annexatitgd by.the fawns of Chapel Dill or Canboro. 26 FINAL . ~ 4130/99 ~~ ~ ~ ~~ :~~ ~ ~~~ ~~a. ~~ ~. •~~ ~ u ~ ~~ ~ ~~ s -~, ~. .~_P ~ ~~-'~ ~ ~ +, d `. ~ ~ ~~ s ~W ~~ u 0 ~~ ~ Emergency Water transfers ~~~~s ~ ~~~d~ tl Emergency water traasfezs ate transfers tba#: .~ 0 c~- -~ ~, ~~ a b ~ a ~.~ 0 ,~~ -~ ..~ ~ ~ '~ ti' ~, 'v 1: Are made for s~vxtrterm duration. Fox the purpose of this 'Agreement, shorter duxatioa shall be reviewwed at 30 , days, 60 days and 90 days, with subsequent~90-day intervals up to one year, as per the followiag process: s+ ARer 3d days dtinanon, a memo from the chiof _ administrative, off vials of the'secvice providers ' will be sent to the managers 'of the jurisdictions . .that arc parties to thisAgrcemcnt. The memo 'shall document the em~ergeacy, steps being taken to address the situation, aad avtify the managers of the potential for a logger period of the eraergancy water transfer: . b. At 60 days, the service. provider sending the water • shall, notify its elected board (or; in the case of ' ~ O~A3A, the member government elected boaxds). on, the status of the emergency sad provide opportnai•ty for.the boards to review and comment on the situation. The xeceiviag provider sha1T . provide similar infaxmatxoa _ ., ~. Be:~een so days ~d sv days from iace~on of transfer, the elected bagxds which exercise , plaguing juiisdiction on either side ofthe boimdray in which the service is provided shall review and approve ax not approve the coritinuatiaa of the transfer beyond 9Q days. xf _ continuation of the transfer is approved, it may continue for as addition2190-day period. Approval shall. be rec~red for each subsequent nn a.._..~.~...a ..~+1.... ,~•.,.s;.:w.orm prn¢raPr1CN WAtPs 27 Y GJ - FIl4AI. ~ -transfer duration of 365 days fioar anceptton. I,a,~ -a o • . of action by the elected boards as rovided P m tJus . ~ a' subaeetioa constitutes approval for the subsequent ~ - 90-day period. ~ ~~ ~•_ . ~ 4 -i- d. At the 34-day poi the service provider sba]1 ~~ a ~ - deternaine ;that adequate watea and other resources ~- ~- and facility capacities are available to support the d d ~ e,~eaded emergency•transfe~r without adversel . ~4 ~ ~ a$ectin ,the ~ Y S gaality sad quantity of water supply _ and services to customers within, its 5e~Ce ~ ~; ~ ~ - ~ ~ -and .without adversely. affecting envi~ental • - - quality within its service area; ..a - ~~ ~ ~ ~ Arm . ~ . ~. ~- ~ 2. Are not intended to provide raw or finished water supply necessary to support IIew-~r+nwth and development within the service area of the service provides receiving the transfer. Neither party shad,; is planning for fupae growth and associated iacrcases in water supply needs, . rely upon watcx from the other. party supplied wader this - ~ agreement to serve such grovrth. ' ~ ~ - a~ A service provider experiencing a water emergency and receiving emergency water . transfers must agree to act expeditiously sad ~4Y ~ mitigate and remove the causes of ~. the emergency conditions, B• boa-Emergency Water T Wafers - Non-~mergency er transfers arc onl ermi ~ . Y P teed wrth the - approval of Qrange County Board of Camiaissiaaers aid -~ the elected appointed boards of the service providers ' :. Pzovidin c transfer. If OWASA is the service providerr, - approval. t come front the OWASA Board of Directors sad 2~ 1V.~utual Aid ~o~~~.~ ~~ct . ~. . A. J~(NT RESQI.,UTI~~I ESTASLISF°IING C4MINON LQGAL POLICIES FaR MUTUAL AlD DURING WATER SUPPLY ENIERGEI~ICIES I1J REGION J, NQRTH DAROLINA ~'t'I II:ItI~AS, the 1987 World-Class Region Conferenco~ expressed a broad bascc[ cornrnitriient to specific actions for enhancing tlae r..conoiriic, en~~iranrnGnt.rl, artd human resources of the cities and counties camprisittg Region J, North Carolina; and, ~~'ItIrRE/1S, utility infrastructure with sufficient capacity and reliability is escerrt- till to the Region's continued economic strength; and, ~'i'IIL'ItI±.AS, the governing bodies of the parties to this Resolution recognize art increasing interdeFrendersce of water supply, development, and disposal activities expressed by lire phrase "We al! drink frort~ the sarue bawl;" arrcl. ~'VIIFR~AS, the increasing number of interconnections between local water systems provide the basis of a larger, more coherently planned water. supply network; and, ~'~'IlCItI~AS, such interconnections should be designed lt~ tireet:water supply r>crcis ranging froth short terrt~ emergency service nteasurecl in days: to se:-scrrr:rl drerrrJ;ht supplcmenls lasting tar weeks or months; to longer duration transfers c.y~al~lr ~rf satisfying interlocal water supply needs over a period of years; and, ~~'III:ItI~AS, the Region's overall water resources are suffieient,to trrect nrcrxt Ctrr- eseeable local emergencies wi4hout undue hardship on neighbarites water systems within.the-Region; and, 'VV~II~RCAS, an irnparlartt element of the Region's higlr~yuality.uf life is the Jirercity and urticlueness of its individu7l coulmunities, with those deutitirs aCtrn rxl~rcctic~cl through different philosophies of growth, developttiotrt,.attd capital facility cxpansiorr. NpVV'I'~IRREF~RR, the governing bodies of the parties to ilris Resolution havin~* ilctcr- 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 adeyuatc service during tert~pvrary disruptions caused by failure of the of tire. water supply; treatnrcnt, ur tr:tns- rrrissianldistribution systems of any of the parties; do.ta~utually resolve tts foflv~~•s: 29 I. CU()I'ERA1'IVE IN'I'EN•r "l'tie parties to this Resolution intend to praeeed cooperatively in utilising water rCcc~ureec :nrcl facilities to support their respective service areas, and upon future mutual trgrsrentcnt, tc~ crrtcr irtty such joint adrttinistrative, financial, engineering or construction ventures wlricit tltr irteliviclrr:il parties detcrrnine support the best interests of theircanstituencies in assurint; a relrtlyle,high yu:tlity water supply during short tents entcrgencies as defined herein. 2. AUI)I'I'IUNAL IN'I'L+'RCUNNE(:7'IUNS ~'he prtrtics ngree that errrphasis should be given to creating ar enlarging intercc~rzriccti~ns hct"•crrr water systems in the Region in order to provide for water transfers under sltvrt term etrtetgency conditions. 3. ~VA'1'ER SUPPLY EI\iLRGENCIES 'lie parties intend to establish mutual policies and practices tot' satisfying water suplrly needs dur ing unanticipated disruptions of a short term emergency nature, such as tlxyse caused by ttutrrrrt error, eNuipry~ent failure, chemical contamination, fire, flood, or other disasters. ror the purpose of this Resolution, "s)tort term emergency" shall.ntean a period of nut mare than seven days. . It is not irttetttiort of the parties to this Resolution that these policies asset ltracticcc Inc curtetruerl to a~pl}' to water transfers for rtieeting sctisottal drought or longer term iutcrlocal ~+~:ttrr ncc etc, urilrs~ specified upon separate mutual agreement o[ the parties. 4. ACTIVATING AN ENIEItGI;NCY 'I'RANSFEIt Any water transfers needed to meet a short term•cmergency, as described abo~~e, wnulrl he arti~•atrcl by the chief administrative officers of the entities involved. 'I7icy:shal! immediately notify their respective governing boards that such an eutergcncy exists. Any. eittergencytransfer lasting longer than seven days shall require apprbval by the governing boards of all parties to the tr:urslcr. 5. COItItECTIN(~ 'I'IIE ENiEItGEN~:I' I'RU>SLE111 The party experiencing the wafer emergency agrees to act expeditiously and acicyuatciv to mitig:ttc and rernave the causes of the emergency condition. Usher parties ~lv hereby agree to offer operational assistance to the affected party in correcting Ure etuct~ent:y condition. -z- 30 G. I'ItICE ~l~ G'AZ'ER UiJRING EMERGENC'k' Unless otherwise specified by existing agreements, the price of water transferred during ;r short tcr-m emergency shall be Eire same as the comrtzoclity rate cltarged to resicientiai custorncr5 within the provider"sawn regular ("inside") service area. It is uncierslvod that the~party experiencing the shr+rt , terra emergency (the ultimate receiver of water) shall be responsible far paying.any excess casts incurred by other parties (providers} to the transfer, These casts rnay.include special opcratiunal assistance, as described in Section 5; startup activities, such as tine flushing, valve s~vitclring, excess rurrtping or ether operational casts attributable to ilre transfer, attd, rtaay include :trry dill~erence in conuttactity rates paid by an interrtrediate provider for water transferred tltroug,tt its a«~n s}~sterit. ~. i+~rizloU or AUREEMEN•r . This Jc+irrt lZesoluiiort shall became elI`ective on I]cceniber I, l9$8,.rtrtil crnrtintrc fe+r;c t+cr iucf cif ! it~c years therefrom. 'I'bis Joint Resblulion Wray be extended ugan mutual agreement of the ~ttriies. IN "I'ES'I'I11I~NY ~'~I~EItI:Ur, the und~rsigued parties: 31 1988 MUTUAL AID C OMFACT FOR WATER EMERGENCIES LOCAL ENDORSEMENTS Town of Apex Town of Benson Town of Carrboro Town of Cary Town of Chapel Bill 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 IGenly 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 Roles~ilie City of Sanford Town of Selma Siler City Town of Smithfield Town of Wake Forest Town of Wendell Town of Zebulon AARENDMENT TD THE ~2 MUTUAL AID CpMPACT . A ]QIIVT RESQLUTIQN ESTABLI5HING COMMON LOCAL PQLJCIES FOR MUTUAL A'ID' DURII~IG WATER 5LTPPLY EMERGENCIES IN REGION ], NDRTH CARQL>niA WHEREAS ' in 7988, 291oca1 gavemments in the Triangle 7 region endarsed~ a mutual aid tampon for water emergencies to address temporary disruptions caused by failure of tk-e watersupply, treatment or distribution systems of any of the parties: WHEREAS the period of agreement for the Mutual Aid Compact is .December ], X988 tp December 7, 7993 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 economirstrength. NOW, THIEREFORE, the undersigned parties have agreed to extend the Mutual Aid Compact. This joint Resoiutian shall become effective January 1, 7994, and rontinue far a .period of 5 years there- from. This ]aint lZesolution may Everette Edwa Town of Apex extended upon mutual agreement of the parties. Charles Matthews, Mayor Town of Benson Eleanor G. lCinnaird, Mayor Tawas of Carrbora Kaka E. Booth, Mayor Town of Cary Kenneth Braun, Mayor Town of Chapel Hill -~ ~,iteat• ~~ 'ibwn erk 12/21/93 Attest: Attest: Attest: Attesti'_„