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HomeMy WebLinkAboutSanitary Sewer System Regulations Bunnlevel-Riverside Ordinance 06/26/891 - SANITARY SEWER SYSTEM 236 POLICIES, RULES, REGULATIONS AND RATES BUNNLEVEL-RIVERSIOE WASTEWATER FACILITIES EARNETT COUNTY, NORTH CAROLINA BE IT ORDAINED AND ENACTED by the Harnett County Board of - - Commissioners that the following Ordinance shall regulate the use of the public sewer and drains, the installation and connection of building sewers, and the discharge of waters and wastes into the wastewater system and provide penalties for violations thereof, all with respect to the wastewater collection and disposal system serving the Bunnlevel and Riverside Communities of Barnett County: SECTION I. Definition. Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows: 1. "Approvdnq Authority" shall mean the Director of the Public Utilities Department for Harnett County. 2. 'Biochemical oxygen demand" (HOD) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20' C, expressed in milligrams per liter. 3. "Building drain" shall mean that part of the lowest horizontal piping of a drainage system which receive. the discharge from soil, waste and other drainage pipes inside the wells of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face Of the building wall. C. "Building .ewer" shall mean the extension from the building drain to the public sewer or other place of disposal, also called house connection. 5. 'Bulk user" is a person who shall Own a sewer (wastewater) collection eyetem and shall deposit the sewage and wastewater collected therein, into the collection system. 6. 'Combined sewer" shall mean a .ewer intended to receive both wastewater and Atozm or --'fee- water. ,7. 'Commercial user" is a user with one water connection of a required size of over one 11) inch or a user with one water connection and with multiple unit needs (example: where the improved property (buildinglsll is being used for two (2) or more separate busies.. establishments, or is being used for a business establishment and one (1) or more residential households, or is being used for two (2) or more residential households.) S. "Eaaeuent" shall mean an acquired legal right for the specific use of land owned by owners. 9. "Floatable Oil" is oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system. 10. "Garbage' shall mean the animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods. 11. •Industrial wastes" shall mean the wastewater from industrial prcceseee, trade or business as distinct from domestic or sanitary wastes. 12. 'Industrial user" is a legal person who deposits industrial wastes into the collection system. 13. 'May' is permieaive (see "shall', Sec. 25). 14.. "Multiple" is more than one. 15. "Natural outlet" shall mean any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or groundwater. 16. "Person" shall mean any individual, firm, company, association, society, corporation or group. 17. "pH' shall mean the reciprocal of the logarithm of the hydrogenion concentration. The Concentration is the weight of hydrogen ions, in grams, per liter or solution. Neutral water, for example, has a pH value of 7 and a hydrogen -ion concentration of le. 18. 'Properly shredded garbage" shall mean the waste. from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing In public sewers, with no particle greater than 112 (1.27 centimeters( in any dimension. 19. 'Public sewer" shall mean a common sewer controlled by a governmental agency or public utility. 20. 'Residential user" Se a user with one water connection of a air. of not more than one (1) inch and serving one unit. 21. 'Sanitary Sewer" shall mean a sewer that carries liquid and wat.,carried wastes from residence., commercial buildings, industrial plant., and institutions together with minor quantities of ground, storm and surface water. that are not admitted intentionally. 22. 'Service Area' shall refer to the service area of the BuMlevel- Riveraide Wastewater Facilities Project, the same being that area located within 500 feet from those wastewater collection lines constructed pursuant to said project, and as shown on plans on file in the office of the Superintendent. 23. 'Sewage" is the spent water of a community. The preferred term is "wastewater', Sec. 32. 24. "Sewer" shall mean a pipe or conduit that carries wastewater or drainage water. 25. 'Shall' is mandatory Isee "may ", Sec. 13). 26. "Slug" shall mean any discharge of water or wastewater which in concentration of any given constituent or in 23'7 238 1 " n - jf S quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty -four (24) hour concentration or flows during normal operation and shall adversely affect the collection system and /or performance of the wastewater treatment works. 27. "Storm drain' (sometimes termed "storm sewer ") shall mean a drain or ..war for conveying water, groundwater, subsurface water, or unpolluted water from any source. 2B. "Superintendent" shall mean the Director of the Harnett County Department of Public Utilities or his authorized deputy, agent or representative; or in the alternative the Barnett County Manager, if so authorized by the Board of Commissioners of Harnett County. 29. "Suspended solids" shall mean total suspended matter that either floats on the surface of, or is in suspension in water, wastewater or other liquids, and that is removable by laboratory filtering as prescribed in "Standard Methods for the examination of Water and Wastewater" and referred to as nonfilterable residua. 30. "Unit" shall mean one residential household or one buei ... a establishment. 31. "Unpolluted water" is water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewer$ aM wastewater treatment facilities provided. 32. "Wastewater" shall mean the spent water of a cenmunity. From the standpoint of source, it may be a combination of the liquid and water - carried waste. from residences; commercial building$, industrial plant., and institution., together with any groundwater, surface .water and stormwnter that may be present. 33. "Wastewater facilities" shall mean the structures, equipment, and processes required to collect, carry away, and treat d .... tic and industrial wastes and dispose of the effluent. 34. "Wastewater treatment works" shall mean an arrangement of devices and structures for treating wastewater, industrial wastes and sludge. Sometimes used a. synonymous with "waste treatment plant" or "wastewater treatment plant" or "water pollution control plant." 35. "Watercourse" .hall mean a natural or artificial channel for the psasage of water either continuously or intermittently. 36. Unless the context specifically indicates otherwise, the terms "sewer system ", "collection system" or the like shall refer to those wastewater collection and disposal lines constructed pursuant to the Bunnlevel- Riverside Wastewater Facilities Project as shown on plane an file in the office of the Superintendent. 239 55CTION II. Building Sewers and Connections 1. No unauthorized pare..(.) shall uncover, make any ' connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof. 2. There shall be three (3) classes of building sewer - permits: (1) for residential users; (2) commercial users; and p) for service to e.tabliahmenta producing industrial wastes. In either case, the owner(s) or his agent shall make application on a special form furnished by the County Department of Public Utilities. The permit application shall be supplemented by any plane, specifications, or other information considered pertinent in the judgment of the superintendent. A permit application fee of $15.00 for a residential or commercial building sewer permit and $15.00 for an industrial building newer permit shall be paid to the said Department at the time the application is filed. The owner moat also apply for and obtain such other permits as may be required by the Inspections Section of the Harnett County Planning and Development Department. 3. All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner(al. The owner(a) shall indemnify Harnett County from any loss or damage that may directly or ' indirectly be occasioned by the installation of the building sewer. 4. A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the front building may be extended to the rear building and the whole considered as one building sewer, but Harnett County doe. not and will not assume any obligation or responsibility for damage caused by or resulting from any such mingle connection aforementioned. S. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the superintendent, to meet all requirements of this ordinance. 6. The size, slope, alignment, materials or construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of Harnett County. In the aban... of code provisions or in amplification thereof, the materials and procedures set forth in ... appropriate specifications of the ASTM and wPCF Manual ns of Practice shall apply. 240 '+. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. S. No person (91 shall make connection of roof downspouts, foundation drains, areaway, drains, or other sources-of surface runoff or groundwater to a building sewer or building drain which in turh is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the superintendent for purposes of disposal of polluted surface drainage. 9. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of Harnett County, or the procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice -NO. 9. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the superintendent before installation. 10. The applicant for the building sewer permit shall notify the superintendent when the building sewer is ready for inspection and connection and testing shall be made under the supervision of the superintendent or his representative. In the alternative, the inspection and connection and testing required hereunder may be administrated by the Harnett County Inspection Department if so authorized by the Hoard of County Commissioners. 'll. All excavations for building sewer 'installation shall be adequately guarded with'barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkway.. and other public property disturbed in the course of the work shall be restored in a manner satisfactory to Harnett County. SECTION III. Use of the Public Sewers 1. No person(el shall discharge or cause to be discharged any unpolluted water such as atom groundwater, roof runoff, subsurface drainage, or cooling water to any sewer, except stormwater runoff from limited areas, which stomwater may be polluted at times, may be discharged to the sanitary sewer by pemiesion of the superintendent. 2. Stomwater other than that exempted under subsection 1, Section III, and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers or to a natural outlet approved by the superintendent and other 241 ' regulatory agencies. Unpolluted industrial cooling water or process process waters may be discharged, on approval of the superintendent, to a etc= sewer, combined sewer, or natural outlet. 3. No person(s) shall discharge or cause to be discharged any of the following described water. or wastes to any public sewers, (a( Any gasoline, benzene, naptha, fuel oil, or other flam -ble or explosive liquid, solid, or gee. (b( Any waters containing toxic or poi ...... ..lids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment process, constitute a hazard to humans or animal., create a public nuisance, or create any hazard in the receiving waters of the wastewater treatment plant. (c( Any waters or wastes having s pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater work.. (d) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewer., or other interference with the I proper operation of the wastewater facilities such as, but not limited to, ..he., hone., cinders, :and, mud, straw shavings, metal, glass, raga, fsetters, tar, plastic., woods, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cope, milk containers, etc., either whole or ground by garbage grinders. 4. The following described substances, material., waters, or waste shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process or ' equipment, will not have an' adverse effect on the receiving stream, or will not otherwise endanger lives, limb, public property, or constitute a nuisance. The superintendent may set Limitations lower than the limitations established in the regulations below if in his opinion such more severe limitations are necessary to meet the &hove objective.. In forming his opinion as to the acceptablility, the superintendent will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, material. of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant. degree of treatablillty of the waste in the wastewater treatment plant and other pertinent factor.. The limitations or restrictions on materials or characteristics of ... to or wastewaters discharged to the sanitary sewer which 242 shall not be violated without approval of the superintendent are as follows: ' (a) wastewater having a temperature higher than 1501 Fahrenheit (65° Celalusl. (b] Wastewater containing more than 25 miligrams per liter of petroleum oil, nonbiodegradable cutting oils, or product or mineral oil origin. (c) Wastewater from industrial plants containing floatable oils, fat or grease. (d) Any garbage that has not been properly shredded (See Section L, Section 18.1 Garbage grinders may be connected to sanitary sewers from homes, hotel., institutions, restaurants, hospitals, catering establishment., or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption an the premises or when served by caterers. (el Any waters or waste. containing iron, chromium, copper, zinc, and similar objectionable or toxic substance. to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the superintendent for such material.. (f) Any waters or wastes containing odor - producing substances exceeding limits which may be established by the superintendent. (g) Any radioactive waste or isotopes of such half -life or concentration as may exceed limits established by the superintendent in compliance with applicable state or federal regulations. - (h) Quantities of flow, concentrations, or both which constitute a "slug" ae defined herein. (i) Waters or Wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to trestment.plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. (j) Any water or wastes which, by interaction with other water or wastes in the public sewer systemr release obnoxious gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes. S. If any waters or wastes are discharged or are proposed to be discharged to the public sewers. which ' waters contain the substance. or possess the characteristics enumerated in subsection 4 of this Section, and which in the judgment of the of the superintendent, may have a deleterious effect upon the wastewater facilities, processes, equipment, or 243 receiving waters, or which otherwise create a hazard to I life or constitute a public nuisance, the superintendent may: (a) Reject the waste., (b) Require pretreatment to an acceptable condition for discharge to the public vewers, (c) Require control over the quantities and rates of discharge, and /or (d) Require payment to cover added coat of handling and treating the wastes not covered by existing taxes of sewer charges under the provisions of this Ordinance. If the superintendent permita the pretreatment or equalization of waste flow., the design and installation of the plant. and equipment shall be subject to the review and approval of the superintendent. 6. Grease, oil and sand interceptors shall be provided, when, In the opinion of the superintendent, they are necessary for the proper handling of liquid waste. containing flomtable grease in excessive amounts, as specified in subsection S(c) of this Section, or any flammable waste., sand, or other harmful ingredients; except that such interceptors shall not be required for ' 'private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these Interceptors the owner(a) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the date., and means of disposal which are subject to review by the superintendent. Any removal and hauling of the collected materials not performed' by owner (a)' personnel must be performed by currently licensed waste disposal firma. 7. Where pretreatment or flow-equalizing facilities are provided or required for any waters or wastes, they Shall be maintained continuously in Satisfactory and effective operation by the owner(s) at his expense. B. When required by the superintendent, the owner of any property serviced by a building sewer carrying industrial waste. shall Snatall A suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurements of the wastes. Such structure, when required, shall be accessibly and Safely located and shall be constructed in accordance with plane approved by the Superintendent. The ' structure shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times. 244 9. All measurements, testa and analyses of the characteristics of waters and wastes to which reference is made In this ordinance shall be determined in accordance with the latest edition of 'Standard Methods for examination of water and Wastewater,* published by the American Public Health Association. Sampling method., location, times, durations and frequencies are to be determined on an individual basis subject to approval by the superintendent. 10. No statement contained in this section shall be construed as preventing any special agreement or arrangement between Barnett County and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the County for treatment. SECTION W. Private Sewerage Disposal 1. Upon and after the date the wastewater collection and disposal facilities constructed pursuant to the Hunnlevel- Riverside Wastewater Facilities Project are completed, (as certified by the County's Engineers), the construction of privle., cesspools and septic tank. shall be prohibited with respect to all improved property located within the service area. 3. Upon and after the date specified in subsection 1 Of thin Section, the discharge of septic tank effluent or cesspool overflow into any open drain, ditch, stream ' or well penetrating water bearing formations is prohibited in the service area. 3. Construction of private sewerage disposal facilities outside the service area and minimum lot area requirements shall be governed by those rules and regulations adopted for the Harnett County Health Department, and where applicable, the Zoning Ordinance of Harnett County, North Carolina and the Subdivisipn Regulations for Harnett County, North Carolina. 4. The County, through its Health Department in conjunction with the County Department of Public Utilities, shall approve or reject private sewerage disposal facilities in accordance with a standard set of plans and specifications for installation of such facilities, such plane and specifications to be provided by the County through either or both of the named departments. SECTION V. Power. and Authority of Inspectors 1. The superintendent and other duly authorised employees and agents of Harnett County bearing proper credentials and identification shell be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing ' pertinent to discharge to the community system in accordance with the provisions of this ordinance. 245 2. The superintendent or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry may withhold information considered confidential. The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors. 3. While..performing the necessary work on private piopertie. referred to above, the superintendent or duly authorized employees of Harnett County shall observe all safety rules applicable to the premises established by the owner of the premises, and the owner thereof shall be held harmless for injury or death to Harnett County employee., and County shall indemnify the owner thereof against lose or damage to its property by County employees and against liability claims and demands for personal injury or property damage asserted against the owner thereof and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the owner of the premises to maintain safe conditions as required in Section III, subsection B. 4. The superintendent and other duly authorized employees of Harnett County bearing proper credentials and Identification shall be permitted to enter all private properties through which the County holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, emasurement, sampling, repair and maintenance of any portion of the wastewater facilities lying within said easement. All entry and subsequent work, if any, on said easement, .hall be done in full accordance with the term. of the duly negotiated easement pertaining to the private property involved. SECTION VI. Pates. Fee. and Charges 1. The user charge shall be the charge levied on all users including, but not Limited to, persona, firma, corporations or governmental entities that discharge, cause or permit the discharge of sewerage into the public sewerage facilities. The user charge shall be levied pursuant to the User Charge System as adopted for the Sunnlevel- Hiverside Wastewater Facilities Project. Adjustment of overcharges: Upon the making of an adjustment in water charges pursuant to the pertinent sections of the county's water system ordinance, proportionate and appropriate adjustment shall be made in the sewer charges for the corresponding period. 246 3. water not discharged into County's Sewer: Any consumer who uses water from a public metered water system for an industrial or commercial purpose so that the water used is not discharged into the sewerage system of the County shall not be charged for the sewer . service on said quantity; provided that the water used for such industrial or commercial purposes and not discharged into the County's sewer system shall be accurately measured at the expense of the consumer. Any residential consumer using water from a public metered water system for purpose. other than commercial or industrial so that the water used is not discharged into the sewerage system of the County, may have the public metered water authority to measure the quantity of water used and not discharged into the County's sewerage system, and shall not be charged for sewer service on said quantity. 4. Meters and Measuring Devices: All meters or other measuring devices installed or required to be used under the provision of subsection 4 of this Section shall be under the supervision and control of the County and shall be installed and maintained at the cost of the person responsible for the account. Meters or other devices installed for the purpose of determining the quantity of water not discharged into the County's sewers shall be kept in repair, whether caused by ordinary wear and tear or other cause, and the coat thereof paid by the user and bills for repairs made by the County rather than the public water authority shall be added to and become a part of the user's sewer bill. 5. Amendment to Sewer sets., Fee., and Charges: Amendments to sewer rate., fees and charges as established herein may be made by the Harnett County Board of Cosmissionere pursuant to amendment to the User Charge System as adopted for the Bunnlevel- Riverside Wastewater Facilities. SSCTIDN VII special Circumstance Rules 1. Service by County: The County shall serve and furnish all sewer and wastewater needs of persons and properties within the service area. In the event, the County shall not be able economically to construct and install its central collection Lines to all improved properties within the service area, the County shall keep -up and maintain the individual septic system serving such property. 2. Property owner's responsibility when individual septic system must be discontinued. In the event that the individual septic system shall not be subject to continued use as the same shall be determined by the appropriate agency (agencies) of ?47 local, state and /or federal governments, the property ' owner shall cause a new individual septic system to be constructed to serve his property or in the alternative shall cause a wastewater (.ewer) collection line to be built from his property to the County's collection line, including the cost of sufficient pump to cause sewerage and wastewater from his property to be deposited in the County's line. In such case the Superintendent shall determine a ...action fee commensurate with the expenses of the County. 3. Improved properties not served by County's gravity cellection line*: (a) In the event improved properties are not able to be served by County's gravity collection lines, County shall install grinder pump and maintain same; property owner shall be required to cause electrical service to be furnished to operate said P—P - (b) In the event County proposes to construct a gravity line to serve improved properties, but property owners of the improved properties refuse to grant easement rights of way within which the County shall be able to install gravity lines, then the County shall initially provide and I install grinder pump, property owners shall be responsible to maintain and replace same and be required to cause electrical service to be furnished to operate said pump. (c) After completion of the Bunnlevel- Riveraide Wastewater Facilities Project and /or in.the event property owner of lands within the service area shall build and construct an improvement needing sewer services and the County's collection line traverses (pa*aes) property owner'. land, but Nat the improvement can not be served by gravity, then • the property owner shall be required to furnish and install a grinder pump, to maintain and replace the same and to furnish electrical service to operate said pump. {, extensione of Collection System: Is) Undeveloped or new subdivisions within the service area: (11 Developer shall submit plane and specifications of extension collection line. to be approved by the County, its engineer and such agency lagencies) of local, state and /or federal as may by law be required. (11) Upon approval of Plans and speclficatlan. as above provided, the developer shall construct and install said ex tension collection lines, including pump stations and all necessary appurtenances and equipment; said 24& construction shall be inspected by the County, its agent (s) and /or much other agency ' (agencies) of government as by law required. (iii) Prior to connection of said extension. collection lines and system to the County's collection system, the property owner /developer shall convey the system so constructed and installed, including Linea, mains, pump stations, appurtenances and equipment and land sites of pump stations and easement rights of way as are deemed required by County's legal adviser to effectively give title to such extension collection lines and system to the County. (iv) Thereafter, such extensions shall be deemed a part of the County's system. (b) Undeveloped or new subdivisions outside the service area: (i) Upon application of a developer or landowner for extension of collection line. outside the service area and a proposal to connect much extension to the County's collection system, the Harnett County Board of Commissioners shall consider whether to accept the proposal of such extension; the said Board of Commissioner. shall, in its consideration examine the capacity of the treatment plant serving the service area, the projected growth and needs of the citizens of the service area and others to be served by said treatment plant. Nothing herein shall require the County's governing board to accept the proposal of extension. (ii) In the event the said Board of Commissioners accepts the proposal, all provisions of subparagraph t(a) above shall apply and be followed concerning said extension. (111) Alter said extension system has been connected to the County's collection system, such extension system shall be and become a part of the County's collection system. SECTION VIII Deposits, Commencement of Services, Billings, Suspension of Service; Complaints: 1. Deposits: (a) Deposits in the amount of $10.00 shall be required for initial service to resident landowners. (b) Deposits of $25.00 shall be required for initial service to all residential users not qualifying as I resident landowners; deposits of $50.00 shall be required for initial service to all commercial users not qualifying as resident landowners. 1.1 in the event that the user shall default in 249 payment of services rendered and services are terminated, the user shall, prior to reconnection of services, be required to make a deposit of $25.00. (dl When services are discontinued and all bills paid, the deposit shall be refunded. 2. Commencement of Services, lal Users shall connect their improved properties to the collection system not later than sixty (60) days after the construction and installation of that portion of the system which will serve said user. has been completed and made ready for public use and such users are notified by the Superintendent in writing through the U.S. Postal Service. (b) Charges for service. shall commence immediately upon connection by the user; in the event the user fails or refuse. to connect to the collection system within sixty (60) days after serving line is ready for public use, and notice as above provided has been mailed to the user, immediately thereafter, the user shall be liable for the monthly flat rate as set forth in this ordinance and any amendment hereto. 1. ings: (a) (el Upon determination of charges due, the County shall cause bills for service to be mailed to the user. (b) The bill which shall be mailed to a user netting forth the charges due for services supplied, shall state the dos data, 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 a delinquent service fee will be charged. (c) Sxcept'ae'provided in paragraph a of this subsection, when a user shall have failed to pay his account (as specified in paragraph d of the sobaection) by the duo data set forth on his bill, a delinquent service fee shall be imposed upon him and the amount of such fee shall be added to his balance due. The amount of the delinquent service fee provided for herein shall be the sum of Five ($5.001 Dollar.. (d) A user shall have failed to pay his account when the full amount charged to him for services supplied e. stated on his bill has not been paid over to and received by the County Department of Public Utilities by 5:00 o'clock p.m. on the due date set forth on his bill. (e) When a user has paid all bills rendered to him by the due date set forth on each bill for twelve 250 consecutive billing periods, Should that consumer then make payment after a due data, the delinquent service fee shall be waived for that period. ' If) Failure of the veer to receive bill for servieee or notices shall not prevent the bill(.) from becoming delinquent or relieve the user from _ payment. Such failure shall not bs a defense to the Yee.. (g) The County may enter agreements with other persona, or other public bodies furnishing water services to the County's users, concerning billings and collections. Sewer bills may be billed jointly with water service bills charged by other public suppliers of water to County's users. 4. Suspension of Service, (a) In the event that charges for services are not paid by the due date stated on the bill, services may be discontinued by the County in such manner as the Board of Commissioners shall determine. Said board may enter into agreements with the public body delivering water services for a termination of cervices for sewer by the failure of near to pay for delinquent charges for water services. (b) Upon discontinuance of service for nonpayment of ' bills, any deposit will be applied by the County toward settlement of the account. Any balance will be refunded to the .earl but if the deposit is not sufficient to cover the bill, the County may proceed to collect the balance in the usual way provided by law for the collection of debts. (e) Service discontinued for nonpayment of bills will be restored only after bills are paid in full, a deposit made, and a service charge of $25.00 paid. (d) The County reserve. the right to discontinue its service without notice for the following reason.: (i) Bmergancy repairs. (11) Ineufflci ... y of supply due to ai..m.stances beyond the County's control. (iii) Direction of public authorities. ISv) Strike, riot, fire, flood, accident or any unavoidable cause. (e) The County ....ryes the right to discontinue its service for the following additional reason, (f) To prevent fraud or abuse. (fl) Users willful disregard of the County's rule.. 1111/ Legal procedure.. (f) The County may, in addition to prosecution by law, permanently refuse service to any veer who tampers with a water meter or other measuring device, whether owned by the County or other public body 251 furnishing water services to the user; provided ' that said meter or other measuring device was being used to determine Sewer charges. 5. Complaints - Adjustments (al If the user believes his bill to be in error, he shall present his claim, in person, at the office of the Barnett County Department of Public Utilities before the bill becomes delinquent. Such claim if made after the bill has become delinquent shall not be effective in preventing discontinuance of service as heretofore provided. The user may pay such bill under protest and said payment shall not prejudice his claim. JbI The County will cause special meter readings to be made at the request of the east for a fee of $10.00 provided, however, that if such special reading discloses that the meter was overread, no charge will be made. (0) Meters will be tested at the request of the user upon payment to the County of the actual cost to the County or such public body furnishing water to the user of making the teat provided, however, that if the meter is found to overregister beyond 2.5 per rentrum of the correct volume, no charge ' will he made. (dl If the seal of a meter is broken by other than the County's (or such other public body furnishing water to the user) representative or if the meter falls to register correctly or is stopped for any cause, the user shall pay an amount estimated from the record of his previous bills and /or from other proper data. SECTION IX. Abridgement or Modification Of Rules: 1. NO promise, agreement or reprosentation of any employee Of the County shall be binding upon the County except as it shall have been agreed upon in writing, signed and approved by the Barnett County Board of Commissioners. 2. No modification of rates or any of the rules and regulations shall be made by any agent of the County. SECTION X. Enforcement /Penalties: 1. My person found to be violating any provision of this Ordinance shall be served by the County with written notice stating the nature of the violation and providing a reasonable time,llmit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, cease all violations. 2. Any person who shall continue any violation beyond the I time limit provided for in the aforementioned notice of violation shall be guilty of a misdemeanor, and on 252 a.rredtion thereof shall be fined in the Amount not exceeding $500 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. 3. No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenances, or equipment which is a part of the wastewater disposal system. Any person violating this provision shall be subject to Immediate arrest. In addition such pare.. shall be liable to reimburse the County for any damages resulting from such violations. 4. If a public sewer becomes obstructed or damaged because of any substances Improperly discharged into it, the person(s) responsible for such discharge shall be billed and shall pay far the expenses incurred by the County in cleaning out, repairing, or rebuilding the sewer as well as damages incurred by the County arising from claims of private property owners which are caused by such obstruction or damage. SECTION XI. Tampering No peraon(s) shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the wastewater facilities. Any ' person(sl violating this provision shall be subject to immediate arrest under charge of disorderly conduct. SECTION XII. Adiacent Azeaes Where approprlate, this Ordinance shall apply to those persona and properties located outside the service area. In any case, all other rules and regulations regarding sewer use, and private sewerage disposal facilities shall apply outside the service area. SECTION XIII Authority, This ordinance is adopted under the authority granted by N.C. General Statutes 162A -87, etc. SECTION XIV Severabillty: If any provision, paragraph, word, section or article of this ordinance is invalidated by any court of competent juriadiction, the remaining provisions, paragraph., words, and .Antics., shall not be affected and shall continue in full force and effect. SECTION XV. Conflict: All other Ordinances and part of other Ordinances inconsistent or conflicting with any part of this Ordinance are hereby repealed to the extent of such inconsistency or conflict This ordinance shall take effect and be in full force from and after the data of its adoption. Duly adopted this the 26th day of Tune, 1989, upon motion made by Commissioner Shaw , seomnded by Commissioner Ssith and passed by the following vetet Aye. 5 Noes 0 Absent 0 Abstained 0 ATT}dT: ✓. J the Boa N. Young, lert{ o the Board > s THE COUNTY OF HAHHETT L y . -St wart, chairman, ,Herne t.County Board of Commissioners 253