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HomeMy WebLinkAbout2008/07/07 Water & Sewer Use OrdinanceAN ORDINANCE REGULATING THE USE OF WATER AND SEWER FACILITIES OPERATED BY THE COUNTY OF HARNETT FIXING RENTS, RATES, FEES AND OTHER CHARGES AND PROVIDING FOR COLLECTION OF SAME. BE IT ORDAINED BY THE COUNTY BOARD OF COMMISSIONERS OF HARNETT COUNTY. 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 and sewer collection systems owned or operated by the County of Harnett. The ordinance is also adopted pursuant to North Carolina general Statute 153A -277 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 and sewer collection systems owned or operated by the County of Harnett. Section 2. Definitions. Air -Gap Separation is an unobstructed vertical distance through the atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the flood level rim of the receptacle. Auxiliary Intake is any piping connection or other device whereby water may be secured from a source other than the public water supply. Backflow is any flow of water into the public water supply form any other source due to a cross - connection, auxiliary intake, interconnection, backpressure, backsiphonage, any combination thereof, or other cause. Backpressure is any pressure on any source of water other than the public water supply which may be greater than the pressure on the public water supply and may result in a backflow. Backflow Prevention Device is an approved effective device method used to prevent backflow from occurring in the potable water supply. The type of device shall be based on degree of hazard, existing or potential. Backsiphonage is any circumstance in which the pressure on the public water supply may be reduced to the point that the elevation and atmospheric pressure on a source of water other than the public water supply may result in a pressure to be greater than the pressure on the public water supply and may result in a back flow. Buildin is a structure as defined in Volume VII, One and Two Families, and Volume I, General Construction, of the NC State Building Code. Confinement Device is a backflow prevention device that is installed within a private plumbing or distribution system to isolate a localized hazard from the remainder of said system. 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 on any premises. Containment Device is a backflow prevention device installed at the point of separation between the public water supply and a private service or private distribution system at the point of metering. Controlled By is owned, operated or leased by. Cross - Connection is any physical connection whereby the public water supply is connected with any other water supply system, whether public or private, either inside or outside of any building or buildings, in such a manner that a flow of water into the public water supply is possible either through the manipulation of valves or because of ineffective check or back - pressure of any other arrangement. Cut -Off Valve is a valve used to regulate the water supply to the consumer's premises. Department shall mean the Harnett County Department of Public Utilities. District shall mean any County water and sewer district established pursuant to Article 6, Chapter 162A of the North Carolina General Statutes. Double Check Valve is an assembly composed of two single, spring- loaded independently operating check valves, including tightly closing shut -off valves located at each end of the assembly, and having suitable connections for testing the watertightness of each check valve. Dual Check Valve is a device containing two independently acting check valves in series. Easement shall mean an acquired legal right for the specific use of land owned by others. 2 Fire Line is a system of pipes and equipment used to supply water in an emergency for extinquishing fire. Full Service Sprinkler Connection is a separate metered connection originating at a main and running to the property line, and includes all appurtenances to make the connection complete and ready for use. This connection is independent of any other water connection on the premises and shall not be connected to any plumbing or other pipeline where residual water therefrom is required to be discharged into the sewer system. HCDPU shall mean Harnett County Department of Public Utilities. Improved Street is any street having a wearing surface of concrete, brick, stone block, asphalt, or any bituminous compound. Interconnection is any system of piping or other arrangement whereby the public water supply is connected directly with a sewer, drain, conduit, pool, heat exchanger, storage reservoir, or other device which does or may contain sewage or other waste or substance which would be capable of imparting contamination to the public water supply. Lateral is that portion of the water connection which does not include meter, box or meter setter or connection. Pressure Vacuum Breaker is an assembly containing an independently operating spring loaded check valve and an independently operating loaded air inlet valve located on the discharge side of the check valve. The assembly must be equipped with suitable connections for testing the proper operation of the device and tightly closing shut -off valves located at each end of the assembly. Public Water Supply is the water and waterworks system of the County of Harnett, and its consumers outside the County boundary, for the provision of piped water for human consumption , and which supply is recognized as a public and community water system by the North Carolina Department of Environment and Natural Resources, Division of Environmental Health, Public Water Supply Section. Reduced Pressure Zone Principle Backflow Prevention Device (RPZ) is a device containing within its structure, two spring loaded independently operating check valves, together with an automatically operating check valves, together with an automatically operating pressure differential relief valve located between the two check valves. The first check valve reduces the supply pressure a predetermined amount so that during normal flow and at cessation of formal flow the pressure 3 between the checks shall be less that the supply pressure. In case of leakage of either check valve, the differential relief valve, by discharging into the atmosphere, shall operate to maintain the pressure between the check valves less than the supply pressure. The device shall have suitable connections for testing, including tightly closing shut -off valves located at each end. Retrofitted Sprinkler Connection is a second metered connection originating at a point along that segment of the existing service line between the main and the first or existing meter and running to the property line, and includes all appurtenances to make the connections complete and ready for use. The Retrofitted Sprinkler Connection shall not be connected to any plumbing or other pipeline where residual water therefrom is required to be discharged into the sewer system. Service Line is a water line which may service a house; business, apartments, etc. which runs from the street to the establishment being served. Main is the water pipe usually laid in a street running parallel to the property line which distributes water or collects sewer. May is permissive (see "shall). Occupant is the consumer who is actually in possession or control of any premises. 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. Shall is mandatory (see "may). Unusual Conditions to mean delays in acquiring materials, parts and (or) supplies, rock encountered 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 lateral shall not be used until the owner of the property or his agent applies for service. Section 4. 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 responsibility of HCDPU. The construction of such lateral or the setting of such meter shall be done only after the written application therefor has been approved. The only exception to this provision will be when laterals and meter yokes are installed by developer's contractors in new subdivisions in compliance with Rules, Regulations and Specifications 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 HCDPU, the property owner, the applicant's name, social security number, driver's license number, phone number, and all other relative forms of identification required by HCDPU, 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 service 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 have responsibility for the design of a sprinkler or other fire protection system. Application for a connection to serve such a system shall be made exactly as outlined above except that the size of the connection desired shall be placed upon the application and installation shall be made subject to securing required parts and materials. Section 6. Disapproval of Application. If, in the opinion of the County through its duly constituted authority, the water connection 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 PSI 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, HCDPU shall require the consumer 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 7. Separate Water and Sewer Connections and Meters Required. 5 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 buildings, a separate cut -off shall be provided for each meter. However, 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 or apartment developments of more than ten (10) units, 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 he 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 directly to each unit and the charge therefore billed directly to the user in each unit. (c) Should any portion of the development be sold, the owners shall be responsible for paying whatever additional costs would be involved in bringing the divided development into compliance with this article. In the case of group mobile homes or apartment developments where ten or fewer units are involved, and where ownership is in one party, the owner may elect to have a single meter used for the entire project. 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 8. Connections And Meters To Remain Property Of The County. All meters, boxes, pipes and other equipment furnished and installed by HCDPU 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 credited the difference of 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 meter and water laterals shall be maintained by HCDPU at the County's expense. Section 10. Connection To Other Supply and Cross - Connection Control. 0 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 is used, the piping shall be completely separate. Pipes carrying water from a source other than the County's supply shall be painted yellow. It shall be unlawful for any person to cause a cross - connection, auxiliary intake, or interconnection to be made with the public water supply; or allow one to exist for any purpose whatsoever. HCDPU has the responsibility to inspect properties served by the public water supply where cross - connections with the public water supply are deemed possible. The frequency of these inspections shall be set by the department. HCDPU shall have the right to enter, at reasonable time, any nonresidential property served by a connection to the public water supply for the purpose of conducting these inspections. In those cases in which the property owner chooses not to provide such access, HCDPU may designate the location as a high hazard in accordance with the paragraphs below. The following uses shall be classified as hazardous uses: (a) Hazardous uses include, but are not limited to: pumps or tanks handling sewage, radioactive, lethal, or toxic substances, boiler and steam connections, sewer waste lines, low inlets to receptacles containing toxic substances, coils or jackets used as heat exchangers, flush valve toilets without vacuum breaks, bacterial and viral materials, private wells or other private water supply, irrigation systems, water systems or hose connections, booster pumps, carbonation equipment, or similar hazard potential as determined by the Department. (b) Any location at which the nature or mode of operation within a premise are such that frequent alterations are make to the plumbing or at which there is a likelihood in the determination of the Department that protective measures may be subverted, altered, or disconnected. (c) Any facility which contains, but is not limited to, a bottling plant, cannery, a building having five or more stories, battery manufacturer, exterminator, greenhouse, chemical processing plant, dairy, dye works, film laboratory, car wash, hospital, commercial laboratory, laundry, metal fabrication operation, mortuary, swimming pool, morgue, x -ray equipment, medical office with laboratory, aspirator, medical washing equipment, packing house, plating plant, poultry house, power plant, nuclear reactor, pumped fire sprinkler or riser system or those equipped with facilities for the introduction of freeze preventive chemicals or other substances other than water. 7 All installations described in the above paragraphs (a) -(c) shall be deemed hazardous uses, and must have a containment device in the form of a reduced pressure zone backflow prevention device provided that, if the consumer demonstrates to the satisfaction of HCDPU that sufficient internal confinement devices have been installed and tested. The Department may require that the consumer provide engineering drawings sealed by a professional engineer of installations within the premises, which provide complete internal protection against cross - connection as approved by the Department. Any such connection shall be considered another connection for the purpose of determining the type of containment device required. Each internal confinement device shall be one of the following, as approved by HCDPU or their authorized representative: reduced pressure zone principle backflow prevention device, double check valve backflow prevention device, air gap, vacuum break - pressure type, or dual check valve. Each reduced pressure zone principle backflow prevention device serving as an internal confinement device shall have a mesh strainer immediately upstream of the inlet gate valve. Services to single - family residential units, not otherwise required by this ordinance to have other containment devices, may have a containment device in the form of a dual check valve. HCDPU supplies this dual check valve when residential connections are installed. On all other services which other containment devices are required the owners representative shall be required to install these devices prior to the installation of a meter by HCDPU. On all such services for which meters have been applied prior to the adoption of this ordinance, said dual check valve shall be installed by HCDPU, provided that the Department reserves the right to charge the owner or occupant of any residence for the cost of said device and its installation. Maintenance of dual check valve containment devices installed in accordance with this section shall be conducted by the Department. All other connections to the public water supply of Harnett County shall have containment devices in the form of double check valve backflow prevention devices as set forth in the following paragraph. This shall include water mains installed by HCDPU, including but not limited to mobile home parks, apartments, group housing projects, and other private distribution systems, or similar hazard potential as determined by HCDPU or their authorized representative. All containment devices shall he installed according to the following procedure (a) The containment devices shall be located off street right -of -way on the water main side of any plumbing connection. When installed in a building, the device shall be located on the service line immediately after its entrance into the building. Each containment and confinement device shall be installed in a location which is physically accessible for 0 inspection and testing as determined by HCDPU. Containment devices which have been buried in the ground do not satisfy the provisions of this ordinance. Each reduced pressure principle zone device shall be installed such that flooding of the device is unlikely as determined by the Department. (b) HCDPU shall maintain a list of approved manufacturers and models of hazard containment devices and drawings of standard installations, copies to be made available through the administration office of the Department. All installations and materials shall conform to HCDPU standards. (c) to those cases in which containment and /or confinement devices have been previously installed by any party, the responsibility for maintenance, testing, and replacement as applicable shall be with the consumer. (d) The cost of said means of containment, and any other plumbing modifications necessary and convenient thereto, and the testing and maintenance thereof is to be paid for by the consumer. Upon identification of a hazard, or hazard potential, as defined in this section of the ordinance, HCDPU shall notify the consumer, of record, of the property on which the hazard exists of the following: (a) Location of the Hazard (b) Nature of the Hazard Observed (c) Date of the Hazard Observed (d) Applicable Section of the Ordinance (e) Requirements of the Ordinance Such notification to be made by certified mail, with return receipt requested. HCDPU shall be notified by the consumer when the nature of use of the property changes so as to change the hazard classification of that property, as set forth in this ordinance. The consumer at each property at which containment and /or confinement device(s) have been installed shall have each containment or confinement device(s) tested on an annual basis, and perform any routine maintenance to such device as recommended by the manufacturer, and provide the Department with a report of that inspection and work. The consumer shall cause such maintenance, or repairs to be made, rendering the device fully operational. Failure of the consumer to E perform that testing and maintenance shall cause for the premises to be deemed an immediate public health hazard. HCDPU may immediately thereafter discontinue public water supply service to that premises and service shall not be restored until such devices have been rendered fully operational. Where the use of water is critical to the continuance of normal operations or protection of life, property, and equipment, duplicate containment or confinement devices shall be provided by the property owner to avoid the necessity of discontinuing water service to test or repair the device(s). Consumer responsibilities under this section include: (a) The consumer shall, as required in this ordinance and upon notification, install the hazard containment device(s) as required within ninety (90) days of the date of notification. (b) If, after expiration of ninety (90) days, the containment device(s) has not been installed in conformance with the standards set forth in this ordinance and by the Department, in proper working condition, the Department may discontinue the public water supply at that premises, and service shall not be restored until such devices have been installed. The Department may permit an extension of up to ninety (90) additional days if compliance efforts are underway and the existence of hardship can be determined. (c) Harnett County shall bear no liability for direct or consequential damages caused by the discontinuance of service pursuant to this ordinance. Section 11. When Water Meters Read. All water meters on water systems controlled by the County shall be read monthly. Section 12. Adjustment Of Overcharges. HCDPU 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 to the average amount of such bill for the preceding three (3) months. (b) When proof of repair is furnished to substantiate a leak, the water bill shall be reduced by fifty percent (50 %) of the amount by which it exceeds the average amount of the consumer's bill for the preceding three (3) months. The average is 10 then added back in to determine the final amount. Leak adjustments for sewer accounts are determined by reducing the sewer bill to the preceding three month average. (c) If the cause is of an undetermined origin, and it does not appear upon investigation that the occupant or occupants of the premises served were in any way at fault for the excessive water bill, the adjusted bill shall be calculated the same as in (b) of this rule. (d) All metered water lost 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. 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 meters 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 be over - registering in excess of two and one- half percent, refund shall be made in accordance with Section 12 (a) above, and the deposit paid for the test shall be refunded. Section 14. Bulk Water Usage. Water from a hydrant will be furnished any circus, road show, carnival, fair or other similar temporary user at a per diem rate to be paid in advance and to be determined by HCDPU upon the basis of the estimated quantity needed. A Temporary Bulk Usage Permit must be applied for showing the water user's name, address, hydrant location, and estimated gallonage. The cost of the permit is $100. The water user also agrees to pay for water obtained at the rate of $5.00 per 1,000 gallons. A refundable deposit of $100.00 will be required to secure a hydrant meter for these water purchases. Upon the return of the meter to HCDPU the $100 deposit will be returned to the permit holder. Any customer requesting a hydrant meter for more than 90 days must immediately set up an account for billing purposes and must return the meter within 90 days of being issued the Temporary Bulk Usage Permit from HCDPU. Failure to return the meter within the 90 days prescribed above will result in the customer being charged for the full prevailing cost of the hydrant meter. A chain of custody form will be used to annotate the serial number of the hydrant meter, the customer name and relevant billing information, and the signature of the customer requesting the meter. 11 Section 15. Water For Building Purposes. Portable meters for connection to fire hydrants may be furnished by the County after an application and a deposit of $100.00 (minimum) has been filed with HCDPU. The actual deposit shall be as determined by HCDPU, but in no case shall the deposit exceed the cost of meter, 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, HCDPU 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 used on the hydrant except a hydrant wrench furnished by HCDPU. If scarred by unauthorized methods, the cost of nut and labor to repair shall be charged to person responsible. Should the 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. No person, except an employee of HCDPU, shall turn the stopcock installed in each meter box nor shall any person construct or have constructed any bypass around any meter except as may be installed and sealed by the County. The fact that water is cut on to any premises by a person without the prior knowledge of either the County or the consumer shall not relieve the consumer of liability for such unauthorized use of water. A minimum fee of $100.00 shall be imposed upon the consumer where such tampering or unauthorized use of water has occurred. Section 17. No Guarantee Of Quality, Quantity Of Pressure Of Water Supply. Neither the District nor the County guarantee the quality, quantity or pressure of its water supply. It is hereby made a portion of the terms on which the County and the District furnish water to consumers that the County and the District shall in no case be liable to any consumer for any defect on quality or any deficiency in quantity or pressure; that the County and the District shall not be liable to any consumer for damages resulting from turning on or the complete or partial cutting off of water; and no deduction shall be made from any water bill by reason of any such defect or deficiency. No County employee shall take responsibility for telling a property owner or occupant how best to care for his boiler, heater or other equipment which is affected by the discontinuance, either temporary or permanent, of his water supply. The owner or occupant shall be entirely responsible for his equipment and shall hold the County and the District in no way responsible for damage thereof. Section 18. Protection Of Water Supply. 12 No person shall contaminate any portion of the County or of the Districts' water supply whether the same is in a reservoir, or tank, or pipe. Section 19. Repealing g lause. 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 adjudged 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. (b) Users will make application for service, in person, at HCDPU and at the same time make the deposit guarantee required below. A $15.00 account set -up fee and/or transfer fee of the same amount is due upon initial account set up or subsequent transfer of a consumer's water service to another address. (c) The amount of deposit shall be determined by entering customer information into an On -line Utility Database. If the customer has a history of outstanding debt to other utilities, a copy of the amount of debt and the utility to whom it is owed shall be provided to the customer at the time of application. A credit score is determined by this procedure. (d) Property owners, if approved by the procedure described in Section 20 (c) above, shall make a minimum cash deposit of $25.00. If the property owner is not approved by the above described procedure, they will be charged a minimum deposit of $50.00. All other users, if approved by the procedure described above, shall make a minimum cash deposit of $50.00 per service requested. All other users with a delinquent credit history will be charged a minimum deposit of $100.00 per service requested. Deposits shall not accrue interest. All users who qualify as commercial users under the current rate structure shall be exempt from this deposit requirement. (e) All property owners with no established accounts, must provide HCDPU with a deed or purchase agreement for the property where water and/or sewer service will be provided. All other users must provide HCDPU with a copy of a rental or lease agreement for the property where water and/or sewer service will be provided. (f) HCDPU 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. 13 (g) HCDPU may reject any application for service when the applicant is delinquent in payment of any bills incurred for service or connection fees previously supplied at any location, provided that when the Owner of the premises has been served water and has not paid for the same, HCDPU shall not be required to render service to anyone at said location where the water was used until said water bill has been paid. (h) The person or persons in whose name the deposit is made shall be responsible for payment of all bills incurred in connection with the service furnished. (i) A separate deposit is required for each meter and/or service connection requested. (j) The deposit receipt is not negotiable and can be redeemed only at HCDPU. (k) The deposit required by Rules & 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. (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 in the published rates of the County. (c) Water furnished for a given lot shall be used on that lot only. Each consumer's service must be separately metered at a single delivery and metering point. Each commercial unit and each storeroom or stall used for business purposes shall have a separate meter. All commercial use including storerooms and stalls for business purposes shall be metered separately from any residential use and vice versa, whether now in service or to be installed in the future. (d) Consumers shall be responsible for paying the minimum monthly water bill whether or not water is actually used during a month. Section 22. County's Responsibility And Liability. (a) The County shall run a service line from its distribution line to the property line where the distribution line runs immediately adjacent and parallel to the property to 14 be served, and for which a tap -on fee, and capacity use fee then in effect, will be charged. (b) The County may install a meter at the property line or, at the County's option, on the consumer's property or in a location mutually agreed upon. (c) When two or more meters are to be installed on the same premises for different consumers, they shall be closely grouped and each clearly designated to which consumer it applies. (d) The County does not assume the responsibility of inspecting the consumer's piping or apparatus and will not be responsible therefor. (e) The County reserves the right to refuse service unless the consumer's lines or piping are installed in such manner as to prevent cross - connections or backflow. (� 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. Consumer's 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 the consumer's premises is so arranged that HCDPU is called upon to provide additional meters, each place of metering will be considered as a separate and individual 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. 15 (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, regulations, specifications, and ordinances and in full compliance with the sanitary regulations of the North Carolina State Board of Health. (f) The consumer 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 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 act 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 consumer's bill; and if not paid, service may be discontinued by the County. Section 24. Access To Premises. HCDPU personnel 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 and facilities. Section 25. Change of Occupancv. (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 HCDPU office which has responsibility 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. (a) Services may be discontinued at the request of the consumer, provided the consumer pay all current balances or a $800 liquidating damage fee, whichever is less. When services are discontinued and all bills paid, the deposit will be refunded in accordance with these Rules and Regulations. (b) Services may also be discontinued by HCDPU to any customer whose account 16 remains delinquent for more than ten (10) days. The deposit will be applied by HCDPU toward settlement of the account. Any balance will be refunded to the consumer; but if the deposit is not sufficient to cover the bill, HCDPU may proceed to collect the balance in the usual way provided by law for the collection of debts. (c) Property owners may have a service discontinued for rental property in the event that the rental unit is vacant for a period not to exceed twelve (12) months. If the rental property is still vacant after twelve (12) months from the original suspension date, the property owner will begin to receive minimum bills for that location. (d) Service discontinued for non - payment of bills will be restored, at the request of the consumer only after bills are paid in full, and a service charge of $30.00 paid for each meter reconnected except as set forth hereafter. The consumer being reconnected must also make the required deposit. The consumer may elect to pay an additional service fee of $45.00 to expedite the reconnection process. The payment of this fee will guarantee the reestablishment of water service to the consumer on the same day the account is paid in full. (e) After a connection has been discontinued for a period of twelve consecutive months HCDPU may remove the meter base, meter, curb stop valve, meter box and service line for use elsewhere or for storage. (f) At any time after a connection has been discontinued 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. (g) 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. 17 (h) The County may, in addition to prosecution by law, permanently refuse service to any consumer who tampers with a meter or other measuring device. (i) Harnett County gave a privilege for early connection to the water system to every property owner or resident as the water mains were installed. From time to time, the County may give privileges for connections at reduced amounts in order to encourage additional hookups to increase revenue. Any consumer who takes advantage of a reduced connection will be responsible for paying at least the minimum monthly water bill whether or not water is actually used until such time as the reduced connection fee charged plus all monthly water bills charged equal the then current charge for tap -on connection. The consumer shall remain liable for at least the minimum monthly bill thereafter until he has notified the County in accordance with other provisions of this ordinance that he desires to stop his service. Section 27. Complaints - Adjustments. (a) If the consumer believes his bill to be in error, he shall present his claim, in person, at HCDPU 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) HCDPU will make special meter readings at the request of the consumer for a fee of $35.00 provided, however, that if such special reading discloses that the meter was over read, 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 HCDPU of the actual cost to the County of making the test provided, however, if the meter is found to over register or under register beyond two and one -half per centum (2 1/2) 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 estimated 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. I[E Section 28. Classifications, Rates, Fees and Charges. The following classifications, rates, fees, and charges are adopted: (a) Classification of Service. All services are classified under three categories to include residential, commercial, or bulk municipal users. A residential service is a service requiring a meter size up to and including one inch. A commercial service is a service requiring a meter size greater than one inch up to and including two inches. A bulk municipal service is a service requiring a meter size greater than two inches, where the user is a municipality and/or other public body. (b) Rate Schedule: (1) Residential: Water Schedule Flat rate, first 2,000 gallons (minimum) All water used over 2,000 gallons Sewer Schedule Monthly $ 17.00 $ 4.30 per 1,000 gallons Monthly Flat Rate, no gallons $ 15.00 Commodity charge $4.00 per 1,000 gallons Flat sewer rate, one person household $ 30.00 Flat sewer rate, tow or more in household $ 35.00 (2) Commercial: Water Schedule Flat rate, first 2,000 gallons (minimum) All water used over 2,000 gallons Flat rate, 50,000 gallons minimum Commodity charge 19 Monthly $ 21.00 $ 4.30 per 1,000 gallons $ 17.00 $ 3.50 per 1,000 gallons Sewer Schedule Flat rate, no gallons Commodity charge Flat rate, institutional, no gallons Commodity charge (3) Bulk Municipal: Monthly $ 34.00 $ 4.00 per 1,000 gallons $ 210 minimum $ 4.00 per 1,000 gallons Water -$1.95 for each 1,000 gallons used. Where bulk municipal connections exist, the County may require that the water purchaser guarantee a minimum usage allocation and payment for the same, whether used or not. Sewer- $1.40 for each 1,000 gallons treated. Note: Bulk municipal rates may differ depending upon the purchase of capacity in County owned production facilities and /or other extenuating circumstances deemed by the County. (c) Tap -On -Fees. Water Services 2 inch connection $ 2,500 1 1/2 inch connection $ 1,650 1 inch connection $ 1,150 3/4 inch connection $ 800 3/4 inch connection $ 200 Sewer Services 4 inch gravity connection $ 950 6 inch gravity connection $ 1,350 8 inch gravity connection $ 1,850 Gravity Tank $ 2,200 Step Tank $ 2,500 for new District or County funded extension RTI] Larger connections and/or road bores, including those for bulk municipal connections, shall be negotiated as may be appropriate. (d) Fire Protection Charges. Services Standby Fire Plugs 6 inch Sprinkler Connection 8 inch Sprinkler Connection 12 inch Sprinkler Connection Others (e) Master Meter Connection Fee. Chi $15.00/month each added to water billing, plus cost of installation and materials $25.00 /month, plus cost of installation and materials $50.00 /month, plus cost of installation and materials $100.00 /month, plus cost of installation and materials Negotiated The master meter connection fee is cost of materials, plus twenty (20) percent. (f) Rates for persons living outside the District. Rates for persons living outside of Harnett County and served by County water lines owned or operated by the County or a District shall be equal to rates for persons living inside the County so long as no tax is levied within the County for support of the system; if a tax is levied on users inside the County for the purpose of supporting the water system, then the users outside the County shall pay an increased rate. (g) Water and Sewer System Capacity Use Fees. A Water System Capacity Use Fee of $800.00 and a Sewer System Capacity Use Fee of $900.00 per connection will be charged for all new water and/or sewer services connecting to any water supply or distribution system and /or sewer collection system 21 owned and/or operated by the County of Harnett. These capacity use fees shall be paid in the manner set forth below: The full balance of the fees shall be payable upon the installation of a water and /or sewer service to any water supply or distribution system and/or sewer collection system owned or operated by the County. In instances where a water supply or distribution system and/or sewer collection system is conveyed to either the County or a County Water and Sewer District, if the system was not owned or operated by the County at the time a water and/or sewer service was installed, then one -half of the capacity use fee shall be paid at the time the system is conveyed to either the County or to a Water and Sewer District, and the balance shall be paid within six months from the date of conveyance or until more than fifty - percent (50 %) of the lots and /or units are sold, whichever comes first. Large subdivisions or phases thereof, either of which are composed of 50 or more lots, are required to pay 25% of the total amount due in water and sewer capacity use fees at the time of conveyance to the County or a County water and sewer district. The next 25% is due in six months from the time of conveyance. The third 25% is due at I year from conveyance and the final payment is due 18 months from the original conveyance date. Any developer which uses this large subdivision method of capacity use fee payment shall be required to provide payment bond to the County for the full amount of capacity use fees for those phases of the development which are recorded at the Harnett County Register of Deed office. Section 29. Connection to Existing Systems In the event that the County desires to connect its water distribution system to previously existing systems, all such systems must have the approval of the Division of Health Services, of the North Carolina Department of Human Resources before such connection may take place and all previously existing sources of water must be completely abandoned and rendered incapable of future water production. Section 30.1 Water and Sewer Extension in New Developments. The responsibility for extending water and sewer lines to and within new subdivisions or within other new developments lies with the subdivider or developer, although the county may in its discretion contract with the subdivider or developer to install such water or sewer lines with County personnel. (a) The cost of extending water or sewer lines to and within subdivisions or other new developments shall be borne by the subdivider or developer. If the county requires lines within a subdivision or other new development that are larger than those necessary to serve the project and are so located to serve other properties, the county shall reimburse the developer for any additional costs incurred as a result of installing such oversized lines. 22 (b) If a water or sewer system is to be installed in a subdivision in the County's jurisdiction, and the system is to be assumed and maintained by the County immediately upon completion of installation, a complete set of construction plans must be provided for the proposed system. The plans shall be prepared by a registered engineer and shall meet the utility requirements of the County, the Division of Health Services, North Carolina Department of Human Resources and/or the Division of Environmental Management of the North Carolina Department of Natural Resources and Community Development. The plans shall be approved by the administrator and the registered engineer retained by the developer or owner. The engineer shall provide as -built plans and location maps for all valves and hydrant locations. (c) The systems shall be designed in accordance with specifications provided by the County. Fire hydrants shall be spaced to provide coverage within a 1000 foot radius for residential development or a 500 foot radius for commercial development. (d) Minimum water main size shall be 2 inches. Acceptable line sizes are 2 ", 4 ", 6 ", 8' - 12 ", and 16" 20 ", Minimum sewer main size shall be 8 inches. (e) The County will make applications for all necessary permits for extensions. No tie -ins to the existing system may be made until all permits have been secured by the County. (1) The developer shall secure the services of a professional engineer to design the system in accordance with county specifications. The County will monitor all construction to ensure conformity with approved design drawings. (g) All extensions must be within maintained road rights of way or dedicated rights of way and will not be activated until proof of such dedication has been provided to the County. (h) Each individual, apartment, residence, or business, must have an individual meters with the exception of existing apartment complexes, condominiums, shopping centers, mobile home parks and residential developments where lines do not meet County standards. These qualifications for the use of master meters, rather than individual meters, are clearly defined in section 7 of the Harnett County Ordinance Regulating The Use Of Water Facilities. 23 (i) Meters meeting County specification and of appropriate size for desired application shall be furnished to the County at the expense of the developer and shall become the property of the County. (j) Each occupancy or property owner must post a security deposit and setup fee, as listed in Section 20 (d) of the above - mentioned ordinance, prior to activation of the service. (k) All water lines and meter services must be in a right -of -way with a minimum width of twenty (20) feet and dedicated to the County for the operation and maintenance of said water lines and meter services. Section 30.2 Extension of Water and Sewer Lines Within the County. (a) The County currently extends service to rural areas by 3 methods: 1. Capital Projects using Loan & Grants to fund. 2. Private Development within public rights -of -way or dedicated rights -of -way funded by private funds. 3. Co- operative Projects - between the County and private sector for commercial and industrial development. The amount of County funds contributed to a co- operative project is guaranteed to be repaid to the County by the developer in net tax proceeds from the improved Property within the first five years. If the net tax proceeds received within the five year period fail to equal the County's fiscal contribution to the project, the Developer shall pay the difference to the County. (b) The County proposes to designate, from the Harnett County General Fund and/or the Public Utilities Fund, certain restricted annual appropriations for the development of water and sewer line extensions within Harnett County. All requests for extensions shall be rated on the following point system. 1. Public Health Severity 40 points 2. Cost Feasibility Based Upon Return of Investment 40 points 3. Contributed Capital by Individual or Business 20 points Points Maximum 100 Points 24 The responsibility for rating each request will be with the Director of Harnett County Department of Public Utilities or the designee of the Director. A minimum score of 50 points is required in order for the Harnett County Board of Commissioners to consider the request. Section 30.3 Extensions Outside of County. (a) The County has no responsibility to provide water or sewer service to property located outside the County. However, upon request, the County may extend its water or sewer lines to serve properties outside the County when it determines that it is in the County's best interest to do so. (b) Any owner of property outside the County who seeks an extension of the County's water or sewer system to serve the property shall submit an application for extension to the County. The owner shall provide all information the County deems necessary to determine whether the requested extension is feasible and in the County's best interest. (c) The responsibility for, and the entire cost of, extending a water or sewer line to serve property outside the county shall be home by the property owner requesting the extension. Section 30.4 Extensions Made by Other than County Personnel. (a) Extensions of the County's water or sewer system installed by other than County personnel, whether inside or outside the county, shall be installed by a licensed utility contractor in accordance with the provisions of this policy as well as other County specifications and requirements. Among other matters, such specifications shall govern the size of all lines, their locations, grades, materials used, manner of installation and provision for future extensions. (b) No construction or any addition to the County's water or sewer system shall commence until detailed plans have been reviewed and approved by the Director of the Harnett County Department of Public Utilities or the designee of the Director. Such plans shall include whatever information the administrator deems necessary to determine whether the proposed extension complies with all applicable county specifications and requirements. (c) Water lines intended for addition to the County owned water system will be allowed to connect to the system if installed within the rights -of -way of a dedicated street or if adequate permanent easements are provided. Sewer lines shall also be installed within public street rights -of -way wherever 25 practical, but the County may accept sewer lines constructed on private property (where the topography makes this necessary) if adequate permanent easements are provided. (d) To protect street surfaces, the County shall require that whenever extensions of water or sewer lines are made to properties or within new subdivisions, laterals be extended to all properties expected to tap onto such water or sewer lines. Section 30.5 Observation by County of Work Done by Others. (a) All work on the extension of water or sewer lines not performed by County forces (whether inside or outside the county), shall be subject to observation by the County. If, in the judgment of the Director of Harnett County Department of Public Utilities, or the Director's designee, there is a demonstrated lack of competent supervision by a contractor, the administrator may at his option: 1. Stop work until approved supervision is obtained and the work is done in accordance with County specifications and requirements; or 2. Provide observation by County personnel. (b) Observation of a project by the County does not consist of or imply supervision. The person requesting the extension is solely responsible for ensuring that the project is completed according to State approved plans and County specifications. Section 30.6 Dedication of Water and Sewer Line Extensions. (a) All water and sewer mains constructed and connected with the water and/or sewer facilities of the County pursuant to this section shall be conveyed to and become the property of the County upon completion and acceptance by the County. Connection to the system and acceptance by the County shall constitute dedication of a water or sewer main extension by the person responsible for the extension. (b) Following dedication as provided in Subsection (a), the County shall have exclusive control of all water or sewer lines and shall be responsible for their maintenance, repair and operation. However, the conveyor of additions to the system shall guarantee the entire project against defective 26 material and workmanship for a period of twelve (12) months from the date of acceptance of the project, including such incidental damages as may arise from such claims. (c) Design engineers must provide the County with a copy of the certification to the State that the water or sewer mains are installed in accordance with the plans approved by the appropriate State agency. The design engineer shall also provide the County with one (1) set of reproducible as-built drawings of all lines installed, and one set of drawings or electronic disk in auto cad format. Section 31. Delinquent Service Fees. (a) Except as provided in subsection (e) of this section, when a consumer shall have failed to pay his account (as specified in subsection c of this section) by the due date set forth on his bill, a delinquent service fee shall be imposed upon him and the amount of such fee shall be added to the balance due. (b) The amount of the delinquent service fee provided for in this section shall be the sum of ten ($10.00) dollars. (c) A consumer shall have failed to pay his account when the full amount charged to him for service supplied as stated on his bill has not been paid over to and received by the County Department of Public Utilities by 5:00 p.m. on the due date set forth on the bill. (d) The bill which shall be mailed to a consumer setting forth the charges due for services supplied, shall state the due date, the amount of the bill if paid by the due date, the amount of the bill if paid after the due date and shall further state that if payment is not made by the due date that the delinquent service fee will be charged. (e) When a consumer has paid all bills rendered to him, by the due date set forth on each bill for twelve consecutive billing periods, should that consumer then make a payment after a due date, the delinquent service fee shall be waived for that period. Section 32. Sprinkler Connections. (a) Application for Full Service and Retrofitted Sprinkler Connections shall be made in person at HCDPU. Forms to be used in application processing shall be administratively prepared and matters otherwise associated with service application shall be processed pursuant to and in accordance with 27 the rules, regulations, policies and /or procedures applicable to the service district within which the premises to be served is located. (b) The same schedule of connection or tap -on -fees applicable in the service district within which the premises to be served is located shall apply with respect to Full Service Sprinkler Connections. (c) The following schedule of connection or tap -on -fees shall apply in all service districts to the Retrofitted Sprinkler Connection: 2 inch connection $1,600.00 1 1/2 inch connection 700.00 1 inch connection 450.00 3/4 inch connection 300.00 (d) The same schedule of rates, including the monthly minimum charge, applicable in the service district within which the premises to be served is located shall apply with respect to Full Service Sprinkler Connections. No sewer charges shall be made to the Consumer based upon the water consumption of the Full Service Sprinkler Connection. (e) The same schedule of rates applicable in the service district within which the premises to be served is located shall apply with respect to Retrofitted Sprinkler Connections. No monthly minimum charge will be made except during those months when the connection has been used. No sewer charges shall be made to the Consumer based upon the water consumption of the Retrofitted Sprinkler Connection. (f) Except as specifically provided in this Section, all of the other rules, regulations, policies and/or procedures applicable to the service district within which the premises to be served is located shall be applicable with respect to Full Service and Retrofitted Sprinkler Connections. Section 33. Provision for Cut -Off Valve Any person desiring to connect to a water supply and distribution system owned and/or operated by the County of Harnett shall be required to install a cut -off valve of a minimum size of 3/4" onto the service line running from the meter box to the consumer's premises. This cut -off valve shall be located within twelve (12) inches of the connection of the customer's service line to the meter box. A diagram showing a typical installation of such cut -off valve is attached hereto and made part of this section. 28 This section shall be enforceable in addition to the minimum requirements of the North Carolina State Building Code regarding plumbing and placement of cut -off valves. Duly Adopted this 7 Y o of July 2008, upon motion made by Commissioner ''1(o- AjjZU and adopted by the following vote: Ayes .S Noes Q Absent O Board Commissio Mef h e Co ty Harnett County By: e J. Byr rman ai of the Board and of the overning bo y f the Water and Sewer Districts of Harnett County. Kft id SAC OAd Kay(&. Blanchard, Clerk to the Board and to the Water and Sewer Districts of Harnett County. .. hi �. t •� .. Attest: Board Commissio Mef h e Co ty Harnett County By: e J. Byr rman ai of the Board and of the overning bo y f the Water and Sewer Districts of Harnett County. Kft id SAC OAd Kay(&. Blanchard, Clerk to the Board and to the Water and Sewer Districts of Harnett County.