Loading...
Sanitary Sewer System Regulations Operated by Cty of Harnett Ordinance 7/23/84ORDINANCE REGULATING SANITARY SEWER SYSTEM OPERATED BY THE COUNTY OF HARNETT COUNTY A. AN ORDINANCE REGULATING USE OF SEWERS: An ordinance regulating the use of public sewers and drains, the installation and connection of building sewers, and the discharge of waters and wastes into the public sewer system(s): and providing penalties for violations thereof: in the Buies Creek -Coats Water and Sewer District of Harnett County and such area(s) in which sewer collection lines' have been or will be extended, all of which areas are sometimes referred to herein as the District. Be it ordained and enacted by the Harnett County Board of Commissioners as follows: ARTICLE I Definitions Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows: Sec. 1. "Biochemical oxygen demand" (BOD) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20° C, expressed in milligrams per liter. Sec. 2. "Building drain" shall mean that part of the lowest horizontal piping of a drainage system which receives -1- Sec. 3 Sec. 4. Sec. 5. Sec. 6. Sec. 7. Sec. 8 the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall. "Building sewer" shall mean the extension from the building drain to the public sewer or other place of disposal, also called house connection. "Bulk user" is a person who shall own a sewer (wastewater) collection system and shall deposit the sewage and wastewater collected therein, into the District's collection system. "Combined sewer" shall mean a sewer intended to receive both wastewater and storm or surface water. "Commercial user" is a user with one water connection of a required size of over one (1) inch or a user w�. h one water connection and with multiple unit needs (example: where the improved property [building(s)] is being used for two (2) or more separate business establishments, or is being used for a business establishment and one (1) or more residential households, or is being used for two (2) or more residential households.) "Easement" shall mean an acquired legal right for the specific use of land owned by owners. "Floatable oil" is oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of -2- floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system. Sec. 9. "Garbage" shall mean the animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods. Sec. 10. "Industrial wastes" shall mean the wastewater from industrial processes, trade or business as distinct from domestic or sanitary wastes. Sec. 11. "Industrial user" is a legal person who deposits industrial wastes into the District's collection system. Sec. 12. "May" is permissive (see "shall ", Sec. 23). Sec. 13. "Multiple" is more than one. Sec. 14. "Natural outlet" shall mean any outlet, including st.crm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or groundwater. Sec. 15. "Person" shall mean any individual, firm, company, association, society, corporation or group. Sec. 16. "pH" shall mean the reciprocal of the logarithm of the hydrogenion concentration. The concentration is the weight of hydrogen ions, in grams, per liter or solution. Neutral water, for example, has a pH value of 7 and a hydrogen -ion concentration of 10. Sec. 17. "Properly shredded garbage" shall mean the wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles -3- 9 S will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 (1.27 centimeters) in any dimension. Sec. 18. "Public sewer" shall mean a common sewer controlled by a governmental agency or public utility. Sec. 19. "Residential user" is a user with one water connection of a size of not more than one (1) inch and serving one unit. Sec. 20. "Sanitary Sewer" shall mean a sewer that carries liquid and water- carried wastes from residences, commercial buildings, industrial plants, and institutions together with minor quantities of ground, storm and surface waters that are not admitted intentionally. Sec. 21. "Sewage" is the spent water of a community. The preferred term is "wastewater ", Sec. 24. Sec. 22. "Sewer" shall mean a pipe or conduit that carries wastewater or drainage water. Sec. 23. "Shall" is mandatory (see "may ", Sec. 12). Sec. 24. "Slug" shall mean any discharge of water or was which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty -four (24) hour concentration or flows during normal operation and shall adversely affect the collection system and /or performance of the wastewater treatment works. Sec. 25. "Storm drain" (sometimes termed "storm sewer ") shall mean a drain or sewer for conveying water, groundwater, -4- i , subsurface water, or unpolluted water from any source. Sec. 26. "Superintendent" shall mean the (superintendent of wastewater facilities, and /or of wastewater treatment works, and /or of water pollution control) of the District, or his authorized deputy, agent or representative. Sec. 27. "Suspended solids" shall mean total suspended matter that either floats on the surface of, or is in suspension in water, wastewater or other liquids, and that is removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater" and referred to as nonfilterable residue. Sec. 28. "Unit" shall mean one residential household or one business establishment. Sec. 29. "Unpolluted water" is water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided. Sec. 30. "Wastewater" shall mean the spent water of a community. From the standpoint of source, it may be a combination of the liquid and water - carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water and stormwater that may be present. Sec. 31. "Wastewater facilities" shall mean the structures, equipment, and processes required to collect, carry -5- U away, and treat. domestic and industrial wastes and dispose of the effluent. Sec. 32. "Wastewater treatment works" shall mean an arrangement of devices and structures for treating wastewater, industrial wastes and sludge. Sometimes used as synonymous with "waste treatment plant" or "wastewater treatment plant" or "water pollution control plant." Sec. 33. "Watercourse" shall mean a natural or artificial channel for the passage of water either continuously or intermittently. Sec. 34. "Superintendent" may also mean the Director of Utility services for the County of harnett, or in the alternative the County Manager, if so authorized by the governing Board of the District. ARTICLE II 'Building Sewers and Connections Sec. 1. No unauthorized person(s) shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof. Sec. 2. There shall be three (3) classes of building sewer permits: (1) for residential users; (2) commercial users; and (3) for service to establishments producing industrial wastes. In either case, the owner(s) or his agent shall make application on a special form furnished by the District. The permit application shall be supplemented by any plans, specifications, or -6- r other information considered pertinent in the judgment of the superintendent. A permit or inspection fee of $15.00 for a residential or commercial building sewer permit and $15.00 for an industrial building sewer permit shall be paid to the District at the time the application is filed. Sec. 3. All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the District from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. Sec. 4. A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the front building may be extended to the rear building and the whole considered as one building sewer, but the District does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned. Sec. 5. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the superintendent, to meet all requirements of this ordinance. -7- Sec. 6. The size, slope, alignment, materials or construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of Harnett County. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice shall apply. Sec. 7. Whenever possible, the building sewer shall be brought to the building at_an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. Sec. 8. No person(s) shall make connection of roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the superintendent for purposes of disposal of polluted surface drainage. Sec. 9. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of Harnett County, or the procedures set -8- forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the superintendent before installation. Sec. 10. The applicant for the building sewer permit shall notify the superintendent when the building sewer is ready for inspection and connection and testing shall be made under the supervision of the superintendent or his representative. In the alternative, the inspection and connection and testing required hereunder may be administered by the Harnett County Inspection Department if so authorized by the Board of County Commissioners. Sec. 11. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the District. ARTICLE III Use of the Public Sewers Sec. 1. No person(s) shall discharge or cause to be discharged any unpolluted water such as storm groundwater, roof runoff, subsurface drainage, or cooling water to any -9- C sewer, except stormwater runoff from limited areas, which stormwater may be polluted at times, may be discharged to the sanitary sewer by permission of the superintendent. Sec. 2. Stormwater other than that exempted under Section 1, Article III, and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers or to a natural outlet approved by the superintendent and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged, on approval of the superintendent, to a storm sewer, combined sewer, or natural outlet. Sec. 3. No person(s) shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers: (a) Any gasoline, benzene, naptha, fuel oil, or other flammable or explosive liquid, solid, or gas. (b) Any waters containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the wastewater treatment plant. (c) Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of -10- V causing damage or hazard to structures, equipment and personnel of the wastewater works. (d) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interf3rence with the proper operation of the wastewater facilities such as, but not limited to, ashes, bones, cinders, sand, mud, straw shavings, metal, glass, rags, feathers, tar, plastics, woods, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders. Sec. 4. The following described substances, materials, waters, or waste shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equipment, will not have an adverse effect on the receiving stream, or will not otherwise endanger lives, limb, public property, or constitute a nuisance. The superintendent may set limitations lower than the limitations established int he regulations below if in his opinion such more severe limitations are necessary to meet the above objectives. in forming his opinion as to the acceptability, the superintendent will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, -11- I materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer which shall not be violated without approval of the superintendent are as follows: (a) Wastewater having a temperature higher than 150% Fahrenheit (65° Celsius). (b) Wastewater containing more than 25 miligrams per liter of petroleum oil, nonbiodegradable cutting oils, or product or mineral oil origin. (c) Wastewater from industrial plants containing floatable oils, fat or grease. (d) Any garbage that has not been properly shredded (See Article I, Section 13.) Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers. -12- R (e) Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the superintendent for such materials. (f) Any waters or wastes containing odor - producing substances exceeding limits which may be established by the superintendent. (g) Any radioactive waste or isotopes of such half -life or concentration as may exceed limits established by the superintendent in compliance with applicable state or federal regulations. (h) Quantities of flow, concentrations, or both which constitute a "slug" as defined herein. (i) Waters or Wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. (j) Any water or wastes which, by interaction with other water or wastes in the public -13- Sec. 5. sewer system, release obnoxious gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes. If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 4 of this Article, and which in the judgment of the of the superintendent, may have a deleterious effect upon the wastewater facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the superintendent may: (a) Reject the wastes, (b) Require pretreatment to an acceptable condition for discharge to the public sewers, (c) Require control over the quantities and rates of discharge, and /or (d) Require payment to cover added cost of handling and treating the wastes not covered by existing taxes of sewer changes under the provisions of Section 10 of this article. If the superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the superintendent. -14- 6. Grease, oil and sand intercepters shall be provided, when, in the opinion of the superintendent, they are necessary for the proper handling of liquid wastes containing floatable grease in eAcessive amounts, as specified in Section 9(c) of this Article, or any flammable wastes, sand, or other harmful ingredients; except that such intercepters shall not be required for private living quarters or dwelling units. All intercepters shall be of a type and capacity approved by the superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of thes intercepters the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates, and means of disposal which are subject to review by the superintendent. Any removal and hauling of the collected materials not performed by owner (s) personnel must be performed by currently licensed waste disposal firms. 7. Where pretreatment or flow - equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner(s) at his expense. -15- Sec. 8. When required by the superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurements of the wastes. Such structure, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the superintendent. The structure shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times. Sec. 9. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this ordinance shall be determined in accordance with the latest edition of "Standard Methods for Examination of Water and Wastewater," published by the American Public Health Association. Sampling methods, location, times, durations and frequencies are to be determined on an individual basis subject to approval by the superintendent. Sec. 10. No statement contained in this article shall be construed as preventing any special agreement or arrangement between the District and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the District for treatment. -16- ARTICLE IV Sec. 1. No person(s) shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the wastewater facilities. Any person(s) violating this provision shall be subject to immediate arrest under charge of disorderly conduct. ARTICLE V Powers and Authority of Inspectors Sec. 1. The superintendent and other duly authorized employees and agents of the District bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing pertinent to discharge to the community system in accordance with the provisions of this ordinance. Sec. 2. The superintendent or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry may withhold information considered confidential. The industry must establish that the revelation to -17- the public of the information in question might result in an advantage to competitors. Sec. 3. While performing the necessary work on private properties referred to above, the superintendent or duly authorized employees of the District shall observe all safety rules applicable to the premises established by the owner of the premises, and the owner thereof shall be held harmless for injury or death to the District employees,.and the District shall indemnify the owner thereof against loss or damage to its property by District employees and against liability claims and demands for personal injury or property damage asserted against the owner thereof and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the owner of the premises to maintain safe conditions as required in Article III, Section 8. Sec. 4. The superintendent and other duly authorized employees of the District bearing proper credentials and identification shall be permitted to enter all private properties through which the District holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities lying within said easement. All entry and subsequent work, if any, on said easement, -18- shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. B. THE FOLLOWING SEWER RATES, FEES AND CHARGES ARE ADOPTED AND SHALL REMAIN IN EFFECT UNTIL AMENDED. 1. Classification of Service: All services are classified under one of the following categories, to wit: a. Residential users b. Commercial users C. Industrial users d. Bulk users 2. Schedule of sewer charges: a. Residential user monthly charges - (1) Public metered water source - monthly flat rate of $11.10 plus $1.50 per 1,000 gallons of water consumption. (2) Unmetered water source - monthly flat rate of $18.00 for multi - member family,; $14.00 for single - member family. (3) Improved properties remaining on individual septic system: monthly flat rate of $ plus actual cost of upkeep and maintenance to be charted by the District at such time as such costs are incurred (upon agreement between user and District, charges may be scheduled on a monthly basis.) b. Commercial user monthly charges - -19- (1) Public metered water source - monthly flat rate of $26.63 plus $2.00 per 1,000 gallons of water consumption. (2) Unmetered water source - monthly flat rate of $26.63 plus $2.00 per 1,000 gallons of estimated water use. (3) Improved properties remaining on individual septic system: Monthly flat rate of $ plus actual cost of upkeep and maintenance to be charged by the District at such time as such costs are incurred. (Upon agreement between user and District, charges may be shceduled on a monthly basis.) C. Industrial users - monthly rates shall be established by the District's governing board based upon water usage and the type of wastewater and other discharge to be deposited in the sanitary sewer. d. Bulk users - monthly rates shall be established by the District's governing board based upon water usage and the service to be extended by the bulk user to others. 3. Tap on fees: a. During construction of sewer collection system: (1) Upon the payment of anticipated construction assessments prior to December 1, 1982, there shall be no tap on fee chargeable. -20- (2) Upon payment of anticipated construction assessment prior to January 2, 1983: residential users - $25.00 commercial users - $50.00 (3) Upon payment of anticipated construction assessment prior to February 2, 1983: residential users - $ 50.00 commercial users - $100.00 (4) Upon payment of anticipated construction assessment prior to March 2, 1983: residential users - $ 75.00 commercial users - $150.00 (5) Upon payment of anticipated construction assessment prior to April 2, 1983: residential users - $100.00 commercial users - $200.00 (6) Upon payment of anticipated construction assessment prior to May 2, 1983: residential users - $125.00 commercial users - $250.00 (7) Upon payment of anticipated construction assessment prior to June 2, 1983: residential users - $150.00 commercial users - $300.00 (8) Upon payment of anticipated construction assessment prior to July 2, 1983: residential users - $175.00 commercial users - $350.00 -21- (9) Upon payment of anticipated construction assessment prior to August 2, 1983: residential users - $200.00 commercial users - $400.00 (10) Upon payment of anticipated construction assessment prior to September 2, 1983: residential users - $225.00 commercial users - $450.00 (11) After September 1, 1983, but prior to December 1, 1984: residential users - $250.00 commercial users - $500.00 (anticipated users who begin construction of improvements needing sewer services during 1985, may pay the above tap -on charges not later than November 30, 1984; said payment shall not be refundable, but shall apply on future tap -on charges.) (12) Industrial and bulk users or lateral size connections of 6" and above - tap -on charges shall be the cost of all materials and installation plus 258 and in all events not less than $1,000.00. b. After construction completion of sewer system, but not before November 30, 1984: (1) residential users - $ 500.00 (2) commercial users - $1,000.00 -22- (3) Industrial and bulk users or lateral size connections of 6" and above - tap -on charges shall be the cost of all materials and installation plus 25% and in all events not less than $1,000.00. 4. Construction assessments based on area of land served: a. residential user unit - $250.00 b. commercial user unit - $500.00 5. Adjustment of overcharges: Upon the making of adjustment in water charges pursuant to the pertinent sections of the District water system ordinance, proportionate and appropriate adjustment shall be made in the sewer charges for the corresponding period. 6. Water not discharged into County's Sewer: Any consumer who uses water from a public metered water system for an industrial or commercial purpose so that the water used is not discharged into the sewerage system of the District shall not be charged for the sewer service on said quantity; provided that the water used for such industrial or commercial purposes and not discharged into the District's sewer system shall be accurately measured at the expense of the consumer. Any residential consumer using water from a public metered water system for purposes other than commercial or industrial so that the water used is not discharged into the sewerage system of the District, may have the public metered water authority to measure the quantity of water used and -23- r not discharged into the District's sewerage system, and shall not be charged for sewer service on said quantity. 7. Meters and Measuring Devices: All meters or other measuring devices installed or required to be used under the provision of paragraph 7 shall be under the supervision and control of the District and shall be installed and maintained at the cost of the person responsible for the account. Meters or other devices installed for the purpose of determining the quantity of water not discharged into the District's sewers shall be kept in repair, whether caused by ordinary wear and tear or other cause, and the cost thereof paid by the user and bills for repairs made by the District rather than the public water authority shall be added to and become a part of the user's sewer bill. B. Amendment to Sewer Rates, Fees, and Charges: Amendments to sewer rate, fees and charges as established in Section B. herein may be made by the governing board of the District in its fiscal year budget ordinance. C. Services to be Rendered by District; Special Circumstance Rules: 1. Service by District: The district shall serve and furnish all sewer and wastewater needs of persons and properties within the District. In the event, the District shall not be able economically to construct and install its central collection lines to all improved properties (to property owners -24- boundary) withing the District, the District shall keep -up and maintain the individual septic system serving such property. 2. Property owner's responsibility when individual septic system must be discontinued. In the event that the individual septic system shall not be subject to continued use as the same shall be determined by the appropriate agency (agencies) of local, state and /or federal governments, the property owner shall cause a new individual septic system to be constructed to serve his property or in the alternative shall cause a wastewater (sewer) collection line to be built from his property to the District's collection line, including the cost of sufficient pump to cause sewerage and wastewater from his property to be deposited in the District's line. In such case the District's governing board shall determine a connection fee commensurate with the expenses of the District. 3. Improved properties not served by District's gravity collection lines: a. In the event improved properties are not able to be served by District's gravity collection lines, District shall install grinder pump and maintain same; property owner shall be required to cause electrical service to be furnished to operate said pump. b. In the event District proposes to construct gravity line to serve improved properties, but property -25- owners of the improved properties refuse to grant easement rights of way within which the District shall be able to install gravity lines, then the District shall initially provide and install grinder pump; property owners shall be responsible to maintain and replace same and be required to cause electrical service to be furnished to operate said pump. C. In the event property owner of lands within the District shall build and construct an improvement needing sewer services and the District's collection line traverses (passes) property owner's land, but that the improvement can not be served by gravity, then the property owner shall be required to furnish and install a grinder pump, to maintain and replace the same and to furnish electrical service to operate said pump. d. Extensions of Collection System: (1) Undeveloped or new subdivisions within the District: (a) Developer shall submit plans and specifications of extension collection lines to be approved by the District, its engineer and such agency (agencies) of local, state and /or federal as may by law be required. (b) Upon approval of plan and specifications as above provided, the developer shall construct and install said extension collection lines, -26- n including pump stations and all necessary appurtenances and equipment; said construction shall be inspected by the District, its agent(s) and /or such other agency (agencies) of government as by law required. (c) Prior to connection of said extensions collection lines and system to the District's collection system, the property owner /developer shall convey the system so constructed and installed, including lines, mains, pump stations, appurtenances and equipment and land sites of pump stations and easement rights of way as are deemed required by District's legal adviser to effectively give title to such extension collection lines and system to the District. (d) Thereafter, such extensions shall be deemed a part of the District's system. 2. Undeveloped or new subdivisions outside the District: (a) Upon application of a developer or landowner for extension of collection lines outside the District and a proposal to connect such extension to the District's collection system, the District's governing board shall -27- consider whether to accept the proposal of such extension; the District's governing board shall, in its consideration examine the capacity of the treatment plant serving the District, the projected growth and needs of the citizens of the District an others to be served by said treatment plant. Nothing herein shall require the District's governing board to accept the proposal of extension. (b) In the event the District's governing board accepts the proposal, all provisions of paragraph 1 above shall apply and be followed concerning said extension. (c) After said extension system has been connected to the District's collection system, such extension system shall be and become a part of the District's collection system. e. Deposits, Commencement of services, billings, suspension of service; complaint; rules: (1) Deposits: (a) Deposits shall not be required for initial service to resident landowners. (b) Deposits of $25.00 shall be required for initial service to all residential users not qualifying as resident landowners; -28- -29- deposits of $50.00 shall be required for initial service to all commercial users not qualifying as resident landowners. (c) In the event that user shall default in payment of services rendered and services are terminated, the user shall, prior to reconnection of services, be required to make a deposit of $$25.00. (d) When services are discontinued and all bills paid, the deposit shall be refunded. (2) Commencement of Services: (a) District's users shall connect their improved properties to the District's collection system not later than sixty (60) days after the construction and installation of that portion of the District's system which will serve said users has been completed and made ready for public use and such users are notified by the District in writing through the U.S. Postal Service. (b) Charges for services shall commence immediately upon connection by the user; in the event the user fails or refuses to connect to the District's system within sixty (60) days after serving line is ready for public use and notice as above provided has -29- been mailed to the user, immediately thereafter, the user shall be liable for the monthly flat rate as set forth in this ordinance and any amendment hereto. (3) Billings: (a) Upon determination of charges due, the District shall cause bills for service to be mailed to user; said bills are due when rendered and shall become delinquent ten (10) days after due date shown on billing notice, whereupon a penalty of $25.00 will be added. (b) Failure of the user to receive bill fore services or notices shall not prevent the bill(s) from becoming delinquent or relieve the user from payment. Such failure shall not be a defense to the user. (c) The District may enter agreements with other persons, or other public bodies furnishing water services to the District's users, concerning billings and collections. Sewer bills may be billed jointly with water service bills charged by other public suppliers of water to District's users. (4) Suspension of Service: (a) In the event that charges for services are not paid in ten (10) days after they are -30- e due, services may be discontinued by the District in such manner as the governing board shall determine. The governing board may enter into agreement with the public body delivering water services for a termination of services for sewer by the failure of user to pay for delinquent charges for water services. (b) Upon discontinuance of service for nonpayment of bills, any deposit will be applied by the District toward settlement of the account. Any balance will be refunded to the user; but if the deposit is not sufficient to cover the bill, the District may proceed to collect the balance in the usual way provided by law for the collection of debts. (c) Service discontinued for nonpayment of bills will be restored only after bills are paid in full, a deposit made, and a service charge of $25.00 paid. (d) The District reserves the right to discontinue its service without notice for the following additional reasons: 1) To prevent fraud or abuse. 2) Users willful disregard of the District's rules. 3) Emergency repairs. -31- (5) 4) Insufficiency of supply due to circumstances beyond the District's control. 5) Legal procedures. 6) Direction oL public authorities. 7) Strike, riot, fire, flood, accident or any unavoidable cause. (e) The District may, in addition to prosecution by law, permanently refuse service to any user who tampers with a water meter or other measuring device, whether owned by the District or other public body furnishing water services to the user; provided that said meter or other measuring device was being used to determine sewer charges. Complaints - Adjustments (a) If the user believes his bill to be in error, he shall present his claim, in person, at the District's office before the bill becomes delinquent. Such claim if made after the bill has become delinquent shall not be effective in preventing discontinuance of service as heretofore provided. The user may pay such bill under protest and said payment shall not prejudice his claim. -32- (b) The District will cause special meter readings to be made at the request of the user for a fee of $10.00 provided, however, that if such special reading discloses that the meter was overread, no charge will be made. (c) Meters will be tested at the request of the user upon payment to the District of the actual cost to the District or such public body furnishing water to the user of making the test provided; however, that if the meter is found to overregister beyond 2.5 per centrum of the correct volume, no charge will be made. (d) If the seal of a meter is broken by other than the District's (or such other public body furnishing water to the user) representative or if the meter fails to register correctly or is stopped for any cause, the user shall pay an amount estimated from the record of his previous bills and /or from other proper data. (6) Abridgment or modification of rules: (a) No promise, agreement or representation of any employee of the District shall be binding upon the District except as it shall have been agreed upon in writing, signed and approved by the District's governing body. -33 (b) No modification of rates or any of the rules and regulations shall be made by any agent of the District. f. Enforcement /penalties /other provisions: (1) Any person found to be violating any provision of this Ordinance shall be served by the District with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, cease all violations. (2) Any person who shall continue any violation beyond the time limit provided for in the aforementioned notice of violation shall be guilty of a misdemeanor, and on correction thereof shall be fined in the amount not exceeding $500 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. (3) No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenances, or equipment which is a part of the wastewater disposal system. Any person violating this provision shall be subject to immediate arrest. In addition such person shall be liable to reimburse the District for any damages resulting from such violations. -34- ., (4) If a public sewer becomes obstructed or damaged because of any substances improperly discharged into it, the person(s) responsible for such discharge shall be billed and shall pay for the expenses incurred by the District in cleaning out, repairing, or rebuilding the sewer as well as damages incurred by the District arising from claims of private property owners which are caused by such obstruction or damage. (5) Authority: This ordinance is adopted under the authority granted by NC General Statutes 162A -87, etc. (6) Severability: If any provision, paragraph, word, section or article of this ordinance is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, and sections, shall not be affected and shall continue in full force and effect. (7) Conflict: All other Ordinances and part of other Ordinances inconsistent or conflicting with any part of this Ordinance are hereby repealed to the extent of such inconsistency or conflict -35- This ordinance T" and rate schedule shall take effect upon final - -- __ion hereof. ;opt��- -----' adopted upon first reading on the 23rd day of July, 1984. my adopted upon second and final reading this 6th day of 1984. A �a =s Young, ClOrk i. -36- sse Alphin, Chairman o rnett County Board of nmissioners