1980/11/03 Water & Sewer Use Ordinancer
MORDINANCE +REGULATING THE, USE OF WATER AND SEWER FACITLITIES OPERATED BY THE COUNTY OF HARNETT
' `•'',e 'PIXING'RENTS, RATES,' FEES AND OTHER CHARGES AND PROVIDING FOR COLLECTION OF SAME
BE IT ORDAINED`BY THE COUNTY BOARD OF COMMISSIONERS OF HARNETT COUNTY.
.3 ",Section 1: Authority.
This ordinance is adopted pursuant to North Carolina General Statute 153A -275 and for the
purpose of providing adequate and reasonable rules and regulations to protect and regulate water
supply and distribution systems owned or operated by the County of Harnett. The ordinance is also
adopted pursuant to North Carolina General Statute 153A -777 for the purpose of establishing a
schedule of rents, rates, fees, charges and penalties for the use of and services furnished by water
supply and distribution systems owned or operated by the County of Harnett_
Section 2. Definitions.
Building is a structure as defined in the Building Code.
Connection is that part of the water service line which runs from the main to the property line,
including all appurtenances to make the service complete and ready for use.
Consumer is the person legally or equitably responsible for the payment of charges for water or
sewer rent on any premises.
Improved Street is any street having a wearing surface of concrete, brick, stone block, asphalt,
or any bituminous compound.
Lateral is that portion of the water connection which does not include meter box or meter -
setter or connection.
Service Line is a water line which may service a house, business, apartment, etc. which runs
from the street to the establishment being served.
Easement shall an an acquired legal right for the specific use of land owned by others.
Controlled By is owned, operated or leased by.
M� is permissive (see "shall ").
Shall is mandatory (see
Main is the water pipe usually laid in a street running parallel to the property line which dis-
tributes water or collects sewage.
Occupant is the consumer who is actually in possession of control of any permises.
Owner Is the person having legal or equitable title to any premises.
Person is an individual, firm, association, partnership or corporation.
Premises is land, building, or other structure and appurtenances thereto. '
Unusual Conditions to mean delays in acquiring materials, parts and (or) supplies, rock encoun-
tered in construction and other items which might cause delays not under the control of the County.
Section 3. Water Laterals and Tap -On.
Water laterals will be installed only at the request of the Owner or his agent. When the lateral
terminates at the property line, the meter shall not be set and the later shall not be used until the
owner of the property or his agent applies for service.
Section a. Connection To Be Made By County Only Upon Application.
The construction of water laterals within the street right -of -way and the setting of meters shall
be the responsiblity of the County of Harnett. The construction of such lateral or the setting of,such
meter shall be done only after the written application therefore has been approved. The only exception
to this provision will be when laterals and meter yokes are installed by developer's contractors in new
subdivisi ons in compliance with these Rules and Regulations as shall be established by the County of
Harnett from time to time.
Section 5. Application for Connection.
Every . application for water service shall list, on forms provided by the County of Harnett, the
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property owner, the applicant's name, the street on which the lot is located, the number of the house
.. or a description of the lot location, the number of all types of fixtures planned in the building now
and proposed for the future, the distance from the property line where services comes from the street
to the furthermost point of the building as planned, and the name of the plumber who will do the work.
This application shall be filed not less than ten days before the proposed connection is desired. Unusual
conditions may be just cause for additional time in providing the services required. When the size of the
"service and the cost of the connection have been determined, the applicant shall deposit the previously
determined cost and shall be issued a permit for the desired connection, The County of Harnett shall
shave "responsibility for the design of a sprinkler or other fire protection system. Application for a
connect on 'to serve such a,system shall be made exactly as outlined above except that the size of the
i 4 connecfion desired` shall be placed upon the application and installation shall be made subject to se-
.", ;curing regui red'parEs, and ma rerials.
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Section 6. Disapproval of Application.
If, in the opinion of the County through its duly constituted authority, the water con -
nection applied for will be of such size or character as to put too great a demand on any
part of the system and disrupt the County's ordinary water service (500 GPM at 20 PST residual
plus normal service requirements), it shall disapprove the application until such time as
adequate means are provided by the applicant to eliminate the unsatisfactory condition. If,
at any time, changes are made by a consumer in his service requirements so as to create an
unsatisfactory condition in the County's water service, the County shall require the co, nsumer
to adopt remedial measures to eliminate the unsatisfactory condition. The County shall not in
any way be responsible for any cost or inconvenience caused by a change in service requirements
after an application has been approved, or by an installation before the application has been
approved.
Section J. Separate Water and Sewer Connections and Meters Required.
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Each building shall have a separate meter, and where practicable shall have a separate
water lateral. In the event that one lateral is used for two dwellings, commercial or industrial
buildings, or used to serve two or more meters for the same dwelling, commercial or industrial
j buildings, a separate cut -off shall be provided for each meter. Rowever, there shall be an
exception to the requirement for separate water meters in the case of groups of mobile homes
or apartment developments under single ownership. In the case of said groups of mobile homes
j or apartment developments of more than ten (10) unites, one meter shall be used for the entire
project unless additional meters are deemed necessary by the proper County authority, and the
following conditions shall be met:
(a) Bills will be rendered to the Owner of the property.
(b) The bill will be calculated by a minimum charge for the master meter and for each of
the total number of.units included thereafter, and calculating the remaining bill based
on the total consumption passing through the master meter above the minimum: provided,
however, owners of ten or fewer multiple units may elect to have water metered direct-
ly to each unit'and the charge therefore billed directly to the user in each unit
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Should any portion of the development be sold, the owners shall be responsible. for
(payingwfiatever additional costs would be involved in bringing the divided develop -
mentVinto- compliance with this article. "
case of'group mobile' homes or apartment devlopments where ten or fewer units are involved,
-and�r where ow
rnetship is in one party, the owner may elect to have a single meter used for.the an-
' tf ie piojecL Where such election is made the owner shall comply with the conditions: set forth
.as'(a) (b).,'and (c) set forth in the paragraph above.
Section R. ConnecCions And Meters To Remain Property of The County.
All meters, boxes, pipes and other equipment furnished and installed by the County in a
water or sewer connection shall remain the property of the County. If, after an installation
is completed, the property owner requests that a meter or lateral be changed in size and this
request is approved by the County, the property owner shall pay for the change of'lateral as
though it were a new connection and shall pay or be refunded the difference cf'the cost of meters
in the original and new installations according to the then current price of the two meters.
Section 9. Maintenance of Meters And Connections.
All meters and water laterals shall be maintained by the County at the County's expense,
except meters required by paragraph 2.
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Section 20. Connection To Other Than Metro - District Supply.
No part of the County's water system shall be connected to any source of water supply other
than those authorized by official action of the County Board of Commissioners. If, on any premises,
both County water and water from any other source are used, the piping shall be completely separate.
Pipes carrying water from a source other than the County's supply shall be painted yellow.
Section 11. When Water Meters Read.
All water meters on water systems controlled by the County shall bs read monthly.
Section 12. Adjustment of Overcharges.
The County shall have the authority to adjust any water bill after determining that the water bill
is excessive, upon the following conditions:
(a) If the cause is a defect in a water meter, the water bill shall be reduced by fifty
percent (50%) of the amount by which it exceeds one and one -half (15) times the average
water bill for the preceding three (3) months.
(b) If the cause is ofan undeterminedergin, and it does not appear upon investigation that
the occupant or occupants of the premises served were in any way at fault for the ex-
costive water bill, the adjusted bill shall be, calculated the same as in (a) of this
rule.
;4c) Al2 metered water at due to negligence on the part of the user will be charged at
the normal rate; and no adjustment of the bill shall be made.
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Section 13. Meter Tests
Any consumer may have a test of his water meter made upon payment in advance of a fee of
actual cost of the test for any size meter. A deposit for the estimated cost of the test is
required before such test is conducted. If the consumption shown on the meter in question
'. is greater than twice the average consumption for the preceding six months, the fee for testing
the meter shall be waived. Since the most accurate water motors suitable for general use require
a margin of approximately two and one -half percent for error, any meter which shows upon test an
error not greater than two and one -half percent shall not be considered defective. If the meter
is found to b, over - registering in excess of two and one -half percent, refund shall be 'made in
accordance with Article 12 (a) above, and the deposit paid for the test shall be refunded.
Section 14. Water For Circuses And Other Similar Temporary Users.
Water from a hydrant will be furnished any circus, road show, carnival, fair or other similar
temporary user at a per diem rate to b, paid in advance and to be determined by the county upon
the basis of the estimated quantity needed. When water is thus to be furnished, a temporary
metered connection (all provisions apply) will record the usage during the hours specified by the
County at the service designated for such purpose. The service period expires when notification
is given the County department head who manages the water system. The meters will be read, and a
bill rendered for any unpaid balance or refund made to consumer for any overpayment.
Section 15. Water For Building Purposes.
Portable meters for connection to fire hydrants may b, furnished by the County after an app-
lication and a deposit of $75 (minimum)has been filed with the County water department= The actual
deposit shall be as determined by the County, but in no case shall the deposit exceed the cost of
motor; materials and installation cost thereof. The applicant shall be responsible for any damage
to- the. hydrant, meter, connections, etc., used in the installation and the cost of any such damage
shall be taken from the deposit. A service charge equal to the then minimum monthly water bill rate
for each month or part thereof shall be made for a temporary meter in addition to the cost of the
water used through such meter. After deducting the water bill, service charge and any cost of
damage to the installation, the County shall refund the balance of the deposit to the applicant
as soon as the meter is removed and returned to the County's stock. While in use, no wrench shall
be u;ed on,the hydrant except a hydrant wrench furnished by the County. If scarred by unauthorized
- ° methods, 'the cost of nut and labor to repair shall be charged to person responsible. Should the
p water,. bill, service charge and cost of damage exceed the deposit the user shall pay the amount of
.'such excess to the County.
Section 16: Tampering With Meters and Stopcocks.
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- No person, except a duly authorized employee of the County, shall turn the stopcock installed
in each meter box nor shall any person construct or have constructed any bypass around any meter ex-
cept as my be' installed and sealed by the County. The fact that water is cut on to any premises
by an occupant thereof without the prior knowledge of either the County or the Owner shall not re-
lieve such premises of liability for such unauthorized use of water.
Section 17, No Guarantee f Quality. Quantity of Pressure Of Water Supply.
- Notice To Be Given When Water Is To Be Cut Off.
The County does not guarantee the quality, quantity or pressure of its water supple. It is
torch. made a portion of the terms on which the County furnished water to consumers that the County
'shaii`in no case be liable to any consumer for any defect on quality or arty deficiency in quantity or
or sure; that the County shall not be liable to any consumer for damages resul tiny from the'compl etc `»{
ess
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off of water; and no deduction shall be made from any water bill' 11'by treason of any
;sycli defect or deficiency. In every case where practicable, ample notice by the-best means available
.shall be given when the water to be cut off from any portion of a water system controlled by the,
County: ,,No Count, employee shall take responsibility for telling a property owneryor occupant' how`, best }
to care for his boiler, heater or other equipment which is affected by the drscontinuance,�ei thOr -rem
anent, or his water supply. The owner or occupant shall b, entirely responsible for h
pora iy or perm is
equipment and shall hold, the County in no way responsible for damage thereof.
Section 18. Protection Of Water Supply. -
No person shall contaminate any portion of the County's water supply whether the same is in a
reservoir, or tank, or pipe.
Section 19. Repealing Clause.
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. If
any section, paragraph, subdivision, clause or provision of this ordinance shall be adh.dged invalid,
such adjudication shall apply only to such section, paragraph, subdivision, clause or provision so
adjudged, and the remainder of this ordinance shall be deemed valid and effective.
Section 20. Procedures.
(a) Service will be supplied only to those who apply.
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(b) Users will make application for service, in person, at the office of the County department =
managing the water system and at the same time make the deposit guarantee required below..
(c) The County may reject any application for service not available under a standard rate or
which involves excessive service cost, or which may affect the supply of service to other -
customers or for other good and sufficient reasons.
.(d) The County may reject any application for service when the applicant is delinquent in pay-
- moot of any bills incurred for service or connection fees previously supplied at any location
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provided. that when the Owner of the premises has been served water and has not paid for the
same, the County shall not be required to render service to anyone at said location where the
water was used until said water bill has been paid.
(e) All users who own real estate within the County will make a minimum cash deposit of $10. All
other users shall make a minimum cash deposit of $25. Deposits shall not draw interest. All
users who qualify as commercial users under then current rate structure shall be exempt from
this deposit requirement,
(f) The individual in whose name the deposit is made shall be responsible for payment of all bills
incurred in connection with the service furnished.
(g) A separate deposit is required for each meter andler service connection requested.
(h) The deposit receipt is not negotiable and can be redeemed only at the proper County office to
be designated from time to time.
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(i) The deposit required by Rules s Regulations or part remaining thereof will be refunded upon
payment of final bill and final accounting.
Section 21. Initial Or Minimum Charge.
(a) The initial or minimum charge, as provided in the rate schedule, shall be made for each meter
installed, regardless of location. Each meter requires a separate meter reading sheet, and each
ie meter reading sheet shall cover a separate and individual account.
_ (b) In resort or seasonal areas where service is furnished to a consumer during certain months only,
the minimum charge per service for the period of non -use shall be the regular minimum as set out
I in the published rates of the County.
�I ,(cL. Water furnished for a given lot shall be used on that lot only. Each consumer's service most be
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separately metered at a single delivery and metering point Each commercial unit and each store-
1,"e t -,rcu. or stall used for business purposes shall have a separate meter. All commercial use including
r N� storerooms and stalls for business purposes shall be metered separately from and residential use
'and vice versa. Whether now in service or to be installed in the future.
County's Responsibility And Liability.
e County shall run a service line from its distribution line to the Property Sine where the
Z .'.distribution line runs immediately adjacent and parallel to the property to be served, and ,,for
i ich a, t u t tap -on fee, fee -in -lie of assessment, and acreage charge then in effect for each size
meter will be charged.
(b) The County may install a meter at the property line or, at the County's option, on the consumers
property or in a location mutually a5reed upon.
(c) when two or more meters are to be installed on the same premises for different consumers, they
shall be closely grodped. and each clearly designated to which consumer it applies.
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(d) The County does not assume the responsibility of inspecting the consumer's piping.or {apparatus
and will not'. be responsible therefor.'
'(dj, The County reserves the right to refuse service unless the consumer's lines,or piping are.in-
stalled in such manner as to prevent cross - connections or backflow.
Y(f) The County shall-not be liable for damage of any kind whatsoever resulting from water or the use
of water on the consumer's premises, unless such damage results directly from negligence, on the '
part of the County. The County shall not be responsible for any damage done by or' resulting, from
any defect in the piping, fixtures, -or appliances on the consumer's premises. The County shall"
not be responsible for negligence of third Persons or forces beyond the control of the County .
resulting in any interruption of service. '
(g) Under normal conditions, the consumer will be notified of any anticipated interruption of service.
Section 23. Consumers Responsibility.
(a) Piping on the consumer's premises must be so arranged that the connections are conveniently
located with respect to the County's lines or mains.
(b) If the consumer's piping on consumer's premises is so arranged that the County is called upon
to provide additional meters, each place of metering will be considered as a separate and indi-
vidual account.
(c) Where meter is placed on premises of a consumer, a suitable place shall be provided by consumer
for placing such meter, unobstructed and accessible at all times to the meter reader.
(d) The consumer shall furnish and maintain the service line on the consumer's side of the meter;
the County to provide a like service on the County's side of such meter.
(e) The consumer's piping and apparatus shall be installed and maintained by the consumer at the
consumer's expense in a safe and efficient manner and in accordance with the County's rules and
regulations and ordinances and in full compliance with the sanitary regulations of the North
Carolina State Board of Health.
(f) The ensumer, shall guarantee proper protection for all property controlled by Harnett County and
placed. on the consumer's premises by the County or any predecessor in interest to the County and
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shall permit access to it only by authorized representatives of the county.
(g)`. In the event that any loss or damage to such property or any accident or injury to persons
or property is caused by or results from the negligence or wrongful ac[ of the consumer,
his agents, or employees, the cost of the necessary repairs or replacements shall be paid by
the consumer to the County and any liability otherwise resulting shall be assumed by the
consumer.
(h) The amount of such loss or damage or the cost of repairs shall be added to the customer's -
bill; and if not paid, service may be discontinued by the County.
Section 24. Access to Premises.
(a) Duly authorized agents of the County shall have access at all reasonable hours to the premises _
of the consumer for the purpose of installing or removing property controlled by Harnett
County, inspecting piping, reading or testing meters, or for any other purpose in connection
with the County's service facilities.
Section 25. Change of Occupancy.
(a) Not less than three days notice must be given in person or in writing to discontinue service
for a change in occupancy. Such notice shall be given at the County office which has respon-
sibility for management of water and sewer systems.
(b) The outgoing party shall be responsible for all water consumed up to the time of departure or
the time specified for departure, whichever period is longest.
Section 26. Suspension Of Service.
t (a) Services may be discontinued at the request of the consumer. When services are discontinued
and all bills paid, the deposit will be refunded in accordance with the articles of these
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�c Pules and Regulations.
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(b) Services may also be discoutined by the County to any customer whose account remains delinquent
for more than ten (10) days. The deposit will be applied by the County toward settlement of
to the consumer; but if the deposit is not sufficient
the account. Any balance will be refunded
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to cover the bill, the County may proceed to collect the balance in the usual way provided by
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y� law-for the collection of debts.
(c)..Servr de.discontin ued for non- payment of bills at the request of consumer will be restored only 11 after bilis'are paid in full, and a service charge of $25 paid for each meter reconnected except
es•set forth hereafter. The consumer being reconnected must also make the required deposit. -
(d) After a connection has been discontinued for a period of twelve consecutive months the County
may remove the meter base, meter, curb stop valve, meter box and service line for use elsewhere
or for storage.
(e) At any time after the meter base, meter, curb stop valve and meter box have been removed in
addition to the seti ce charge set forth in subsection (r) above an additional service charge
equal to the then current tap-on -fee shall be paid as a reconnection fee. Also the consumer
must make the required deposit.
(f) The County reserves the right to discontinue its service without notice for the following
additional reasons;
1. To prevent fraud or abuse.
2. Consumers willful disregard for the County's rules and ordinances.
3. Emergency repairs.
4. Insufficiency of supply due to circumstances beyond the County's control.
5. Legal Processes.
6. Direction of public authorities.
7. Strike, riot, fire, flood, accident, or any unavoidable cause.
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The County may, in addition to prosecution by Saw, permanently refuse service to any consumer
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who tampers with a meter or other measuring device.
(h)
The Northeast Metropolitan Water District of Harnett County gave a privilege for early connec-
the
tion to the water system to every property owner or resident within the Metro District as
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installed. From time to time The County may give privileges for connections
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water mains were
in order to encourage additional hookups to increase revenue. Any consumer
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at reduced amounts
connection will be responsible for paying minimum monthly
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who takes advantage of a reduced
is used until such time as reduced connection fee -
water bills whether or not water actually
bills churned equal the than current charge for tap -on
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charged plus all monthly minimum water
charges). The consumer shall remain liable
connection (including fee -in -lieu of assessment
the County in accordance with other
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for minimum monthly bills thereafter until he has notified
piovisions,of this ordinance that he desires to stop his service.
Secti on 27...
Complaints - Adjustments.
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(a) If the consumer believes his bill to he in error, he shall present his claim, in person,
at the office of the County department managing the water system 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 consumer may pay such
bill under protest, and said payment shall not prejudice his claim.
(b) The County will make special meter readings at the request of the consumer for a fee of
$5 provided, however, that if such special reading discloses that the meter was overread,
or in error in any way, the fee will be refunded.
(c) Meters will be tested at the request of the consumer upon payment to the County of the actual
cost to the County of making the test provided, however, that if the meter is found to over -
register or underregister beyond two and one -half per centum (21) of the correct volume, no
charge will be made.
(d) If the seal of the meter is broken by other than the County's representative, or if the meter
fails to register correctly, or is stopped for any cause, the consumer shall pay an amount es-
timated from the record of his previous bills and /or from other proper data.
- No modification of rates or any of the rules and regulations shall be made by any employee of
the County.
Section 28. Classification, Rates Fees and Charges.
The following classifications, rates, fees, assessments and charges are adopted;
(a) Classification of Service.
All services are classified under two categories to include residential or commercial
'Z =users. A resi den [i a1 service is a service requiring a metal size up to and including one
`inch. All other service shall be eamocrcial.
{ .t (b)e ?Fate Schedules.
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Residential:
jWater Schedule Monthly
' First 2,000 gallons (minimum) $6
`:Next 31000. gallons $21M
.Next 5,000 gallons $1.501M
' Next 10,000 gallons $1.00 /M
Next 25,000 gallons $0.80/M
Next 75,000 gallons 50.701M
Next 50,000 gallons $0.50 /M
!1) C6mmercia2 : -
$7.50 "per mgnth,minimum service. charge plus $0.50 per 1,000 gallons for all water used ,r,
cases where ',two inch connects on and above are to be installed the County. may Pages re that
consumer guarantee a minimum usage, allocation and pay for same whether used or not
,
Note To the.case of groups'of mobile homes or apartment developments which have,, singlets
•as authorized or -regal led by Section 2 hereof the charge shall be calculated as follows:
at charge then 'in'- effect for commercial users and a minimum charger oft'$5 pe
For all units: . connected ;to thereafter whether in use or not. in addition there shall be
charge of SOtper' thousand gallons of water used in excess of a number of gallons' [o be +c
by multipI ying the number of units served through the master meter whether said units are
&y,
or not times "2000.
(c) Tap -On -Fees.
If water laterals are installed by the County or County's contractor, the tap- on,fees,'.shE
•' "' -',t be $175. This fee shall apply'to three- fourths inch meter size residential seivi ces onli
other connections tap -on -fees shall be cost of installation and materials plus twenty421
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m (d) Fee -la- Lieu -Of Assessment.
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$350 Per Residential Connection.
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(e) Front Foot Assessments.
a residential).
$3.30 per foot (All connections other than
Footage Schedule
1 }" connection up to a maximum of 100 feet.
2" connection up to a maximum of 400 feet.
3 connection up to a maximum of 500 feet.
4 connection up to a maximum If 800 Feet.
�6 connection up to a maximum of 1,000 feet-
.81. connection up to a maximum of 1,200 feet.
Larger, connections including connections to incorporated municipalities by negotiations as
�. "riuy.bc appropriate.
system.
Duly adopted by the Harnett County Board of Cotmnissioners this 3rd day of November,Nineteen
' hundred and eighty.
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(f)
Fire Protection Charges.
Services Charge
Standby Fire Plugs $5 1month each added to water billing, plus cost of in-
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stallation and materials
6" Sprinkler Connection $10 1month, plus cost of installation and materials
e" Sprinkler Connection $25 1month, plus cost of installation and ma teii als
12" Sprinkler Connection $100 /month, plus cost of installation and materials
Others Negotiated
(g)
Master Meter Connection Fee.
The master meter connection fee is cost of materials, plus twenty (20) percent.
(h)
Rates for persons living outside the District.
Rates for persons living outside the Northeastern Metropolitan Water District of Harnett
County shall be equal to rates for persons living inside the District so long as no tax is
levied within the District for support of the system; if a tax is levied on users inside
the,water District for the purpose of supporting the water system, then the users outside
the District shall pay an increased rate as established by the County from time to time.
in setting such increased rate, the County will take into consideration the rate paid
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by persons inside the Metro- District plus taxes levied on them for support of the water
system.
Duly adopted by the Harnett County Board of Cotmnissioners this 3rd day of November,Nineteen
' hundred and eighty.
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