CHAPTER 14 -
UTILITIES
Subchapter I - General Provisions
Article I - General Provisions
Section 14-1 Definitions......................................................................................................
Section 14-2 Penalties and
Remedies....................................................................................
Subchapter II - Service to Properties Previously Connected to the Water or Sewer System
Article II - Service Regulations
Section 14-6 Application for Service...................................................................................
Section 14-7 Denial of Service for Nonpayment of Prior
Accounts.....................................
Section 14-8 Deposit...........................................................................................................
Section 14-9 Rates................................................................................................................
Section 14-10 Minimum Service Charge..............................................................................
Section 14-11 Access to Premises........................................................................................
Section 14-12 Meter Reading and Determination of Charges.............................................
Section 14-13 Bills...............................................................................................................
Section 14-14 Verification of Meter Readings.....................................................................
Section 14-15 Calculation of Bill Where Equipment Fails...................................................
Section 14-15.1 Customer Service Line Leaks or Breaks
(Adjustments)..............................
Section 14-16 Prohibited
Activities.......................................................................................
Section 14-17 Town Property and Maintenance Thereof....................................................
Article III - Town and Customer Responsibilities
Section 14-21 Town’s Responsibility and Liability...............................................................
Section 14-22 Customer's
Responsibilities............................................................................
Article IV - Service Termination and Reinstatement
Section 14-26 Termination or Interruption of Service by
Town...........................................
Section 14-27 Notice of Proposed Termination of Service and
Right of Hearing................
Section 14-28 Hearing........................................................................................................
Section 14-29 Stay of Termination Pending Hearing Outcome............................................
Section 14-30 Lessee May Take Responsibility for Payments..............................................
Section 14-31 Procedure for
Service Termination and Reinstatement..................................
Section 14-32 Termination at Customer's Request...............................................................
Subchapter III - Connections to the Water and Sewer System
Article V - Connection to the Water and Sewer System Where Service is Available
Section 14-36 Connection Required....................................................................................
Section 14-37 Permit for Connection Required...................................................................
Section 14-38 Application for Connection Permit................................................................
Section 14-39 Rejection of
Permit Application.....................................................................
Section 14-40 Construction of Connections........................................................................
Section 14-41 Separate Connections Required for Each Lot...............................................
Section 14-42 Requirements for Connection of Service Where
Multiple Buildings are Located on One Lot.
Section 14-43 Town Inspection............................................................................................
Section 14-44 Laterals to Remain Town Property................................................................
Section 14-45 Maintenance of Private Distribution and
Collection Systems........................
Article VI - Water and Sewer Extensions
Section 14-52 Purpose........................................................................................................
Section 14-53 Goals and Objectives....................................................................................
Section 14-54 Capital Improvement Plan.............................................................................
Section 14-55 Scheduled Extensions...................................................................................
Section 14-56 Requests for Special Extensions....................................................................
Section 14-57 Cost to Construct Extensions Prior to
Scheduled Year..................................
Section 14-58 Cost of Unscheduled Extensions...................................................................
Section 14-58.01 Provisions Applicable to All Extensions...................................................
Section 14-58.02 Easements Necessary for Line Extensions................................................
Section 14-58.03 Dedication of Water and Sewer Line
Extensions......................................
Section 14-58.04 Applicability of Article.............................................................................
Article VI(A) - Testing of Lateral Lines; Materials for New Sewer Laterals
Section 14-59 Testing of New Lines.....................................................................................
Section 14-60 Inspection and Testing of Existing Lateral
Lines...........................................
Section 14-61 Specifications and Material for New Laterals...............................................
Article VII - Fire Protection Service
Section 14-65 Fire Hydrants...............................................................................................
Section 14-66 Fire Protection Service Lines........................................................................
Section 14-67 Metering of Fire Protection Service Lines....................................................
Subchapter IV - Sanitary Sewer Use
Article VIII - Sanitary Sewer Use
Section 14-76 Article Applies Primarily to Industrial
Waste.................................................
Section 14-77 Storm Water Prohibited.................................................................................
Section 14-78 Prohibited Uses............................................................................................
Section 14-79 Waiver of Discharge Restrictions.................................................................
Section 14-80 Special Agreements.......................................................................................
Section 14-81 Permit Required for Discharge of Industrial
Wastes.....................................
Section 14-82 Preliminary Treatment Facilities...................................................................
Section 14-83 Inspection Manhole......................................................................................
Section 14-84 Determination of Character and Concentration
of Wastes...........................
Section 14-85 Authority for Temporary Exclusion...............................................................
Section 14-86 Charges for Industrial Wastes......................................................................
Subchapter V - Water Shortage
Article IX - Regulation of Consumption During Designated Water Shortage
Section 14-87 Water Shortage Deemed as Relation of Supply
and Demand........................
Section 14-88 Proclamation of Water Shortage...................................................................
Section 14-89 Compliance Required in the Event of Shortage.............................................
Section 14-90 Restrictions Applicable to Water Shortage
Severity......................................
Section 14-91 Lifting of Restrictions Imposed During Water
Shortage................................
Section 14-92 Discontinuance of Service and Penalties......................................................
Section 14-93 Injunctive Remedies......................................................................................
Section 14-94 Severability...................................................................................................
Appendix I............................................................................................................................
Appendix II...........................................................................................................................
(A) Unless otherwise
specifically provided, or unless otherwise clearly required by the context, the
words and phrases defined in this section shall have the meaning indicated when
used in this chapter.
(1) Administrator. The
Public Works Director or any other person designated by the Board to perform
the functions and exercise the responsibilities assigned by this chapter to the
administrator.
(2) B.O.D. (Biochemical Oxygen Demand). The
quantity of oxygen (expressed in milligrams per liter) required to satisfy the
five (5) day oxygen demand of a million pounds of domestic sewage or industrial
wastes (or a combination of both) when tested in accordance with the procedures
given in the latest edition of "Standard Methods of the Examination of
Water and Sewage," published by The American Public Health
Association. B.O.D. is a measure of the pollutional strength of wastes of any nature.
(3) Combined
Sewer. A sewer receiving both
surface runoff and sewage.
(4) Domestic
Sewage. Liquid wastes from bathrooms, toilet
rooms, kitchens and home laundries.
(5) Garbage. Solid wastes from the preparation, cooking, handling, and
dispensing of food.
(6) Industrial
Wastes. Liquid wastes from institutional,
commercial, and industrial processes and operations as distinct from domestic
sewage.
(7) Liquid
Wastes. Waste products that are
either dissolved in or suspended in a liquid.
(8) Natural
Outlet. That body of water, stream, or
watercourse receiving the discharge waters from the sewage treatment plant or
formed by the discharge of the sewage treatment plant.
(9) pH. The logarithm (base 10) of the reciprocal of the weight of the
hydrogen ions in grams per liter of solution. It indicates the acidity and alkalinity of a
substance. A pH value of 7.0 is
considered neutral. A stabilized pH is
one that does not change beyond the specified limits when the waste is
subjected to aeration. A pH value below
7.0 is acid and above 7.0 is alkaline.
(10) Properly
Shredded Garbage. The wastes from the preparation, cooking
and dispensing of food, shredded to such a degree that all particles will be
carried freely under the flow conditions normally prevailing in public sewers,
with no particles greater than one-half inch in any dimension.
(11) Sanitary
Sewer. A pipe or conduit that
carries sewage or polluted industrial wastes and to which storm, surface and
ground waters or unpolluted industrial wastes are not intentionally admitted.
(12) Sanitary
Sewer System. The sanitary sewer system owned and
operated by the town, including all sanitary sewer lines and pipes, the sewage
treatment plant, and all other facilities used in connection with the collection,
treatment, and disposal of sewage. The
term "sewer system" is sometimes used interchangeably.
(13) Sewage. Liquid
wastes.
(14) Sewage
Treatment Plant. The facility
owned by the town where sewage is collected and treated.
(15) Sewage
Treatment System. Sanitary sewer system.
(16) Suspended
Solids. Solids that either
float on the surface of or are in suspension in water, sewage, or other
liquids, and which are removable by laboratory filtering.
(17) Water
System. The water utility system owned and
operated by the town, including all devices and facilities for the treatment,
storage and distribution of water.
(A) As provided in Article IV,
termination of service is a remedy available to the town to enforce any of the
provisions of this chapter.
(B) A violation of any of the
following sections shall constitute a misdemeanor, punishable as provided in
G.S. 14-4: Sections 14-16, 14-31(a) and
(b), 14-36, 14-37, 14-77, 14-78, 14-81, 14-82, and 14-83.
(C) A violation of any of the
sections listed in subsection (B) other than Section 14-78 shall subject the
offender to a civil penalty of $100.00.
A violation of any of the provisions of Section 14-78 shall subject the
offender to a civil penalty of $200.00.
If a person fails to pay this penalty within ten days after being cited
for a violation, the town may seek to recover the penalty by filing a civil
action in the nature of debt.
[Amended July 13, 1993]
(D) The town may seek to enforce
any of the provisions of this chapter through any appropriate equitable action.
(E) Each day that a violation
continues after the offender has been notified of the violation shall
constitute a separate offense.
(F) If a violation of any of the
provisions of this chapter results in a danger to the public health or safety,
the town may abate such a nuisance through the procedures set forth in Sections
11-38 through 11-41 of this code.
(G) The town may seek to enforce
this chapter by using any one or any combination of the foregoing remedies.
Sections
14-3 through 14-5 Reserved.
Application for water or sewer service shall be made at the town hall
during normal business hours. Application
shall be made on the forms prescribed, shall be made in the name of the
customer who will be responsible for payment of bills, and shall be signed by
the customer or by his authorized agent.
(A) The town may reject an
application for service if there is an outstanding amount due the town for
water or sewer service in the applicant's name.
(B) A lessee making an initial
application for service to his leased premises shall not be refused service by
the town solely because of an outstanding amount owed the town by another
customer for service previously furnished to that same address.
(A) Every applicant for service
shall make a cash deposit with the town in the amount referenced in Section
14-9 (Rates). The purpose of this
deposit is to provide security for the payment of all charges by the customer. The town retains the right, upon thirty days
written notice, to require the customer to increase the deposit a maximum of
twice the amount of the highest monthly bill theretofore rendered.
(B) Initial deposits shall be
made with the service applications.
Additional deposits, if required pursuant to subsection (A), shall be
made within thirty days after receipt by the customer of the written notice
specified in subsection (A).
(C) A separate deposit shall be
paid on each installed water meter.
(D) No interest shall be paid on
the deposit.
(E) Upon termination of service,
the deposit shall either be applied to any outstanding bill or refunded to the
customer, as provided in Sections 14-31 and 14-32.
The Board may adopt and amend from time to time a schedule of rates and
charges relating to the water and sewer services provided by the town. A copy of this schedule shall be maintained
and
shall be available for public inspection during regular office hours in the
office of the town clerk.
(A) The minimum service charge,
as provided in the rate schedule, shall be made for each meter installed
regardless of location.
(B) The minimum service charge
per meter shall apply whether all residential units are occupied or unoccupied.
(C) Charges for service commence
when the meter is installed and connection made, regardless of whether service
is actually used at that time.
Duly authorized agents of the town shall have access at all reasonable
hours to the premises of the customer for the purpose of installing or removing
town property, inspecting piping or apparatus, reading or testing meters or for
any other purpose in connection with the town's service or facilities. Application for service shall constitute
consent by the customer to access to his premises for these purposes.
(A) Ordinarily, meters will be
read once every two months and bills rendered once every two months. However; the town reserves the right to vary
this schedule if necessary or desirable.
(B) When two or more meters are
installed in the same premises for different customers, the town shall clearly
identify which meter services which customer.
(C) Where there are multiple
dwelling units on one lot, unless separate meters are installed for individual
dwelling units, the property owner or landlord shall be responsible for the
bill for meters jointly used by one or more tenants.
(D)
(E) Subject to Section 14-15, a
charge shall be made for all water passing through the customer's meter.
(F) Bills for water and sewer
service shall be calculated in accordance with the rate schedule in effect at
the time of billing.
(A) Bills are due within 20 days
of the date of billing and become delinquent thereafter. A late penalty charge in the amount of ten
percent (10%) on the unpaid balance, including water, sewer, and solid waste
charges, may be added to all delinquent accounts.
[Amended June 10, 1997]
(B) Bills shall notify customers
of the provisions of subsection (A) and shall contain a phone number where a
town employee can be contacted concerning questions about the bill.
(A) If a customer believes his
bill to be in error, either as a result of the town's failure to read the meter
correctly or a failure of the meter to register accurately the amount of water
consumed, such claim must be presented in person or in writing at the town
hall. A pending claim shall not prevent
a bill from becoming delinquent, with all the consequences provided for
herein. However, a bill may be paid
under protest, and if the claim is substantiated, the customer shall be
entitled to a credit or a refund for any overpayment made.
(B) If a customer believes his
meter has not been correctly read, he may request a special meter reading. If such special meter reading discloses that
no error was made, the customer shall be charged the special meter reading fee
provided for in the schedule referenced in Section 14-9, and such fee shall be
added to the customer's next water bill.
No fee shall be charged if the initial meter reading was in error.
(C) If a customer believes that
a water meter on his premises is not registering water consumption accurately,
he may request a test of the meter by the town.
If the meter is found to over register beyond two percent of the correct
volume, no charge shall be made for this service. Otherwise, the customer will be charged the
meter testing fee provided for in the schedule referenced in Section 14-9, and
such fee shall be added to the customer's next water bill.
(A) If the seal of the meter is
broken by other than the town's representatives or in the event that the meter
fails to register the use of water, the customer shall be charged the amount
computed using the appropriate following formula for the period in which the
meter failed to register:
(1) If
the customer has been an occupant at the same location for three (3) years or
more he shall be charged the current rate based upon the average consumption
for the same month during the previous years of occupancy.
(2) If
the customer has been an occupant at the same location for less than three (3)
years he shall be charged the current rate based upon the average amount of
water consumed monthly. [Amended
March 12, 1996]
(A) Where a customer receives a
water bill that reflects extraordinary charges for a billing period, and where
the customer demonstrates to the reasonable satisfaction of the town that a
break or leak on the customer’s side of the meter was the cause of the
extraordinary charges, an adjustment may be made to the customer’s water bill
in accordance with the provisions of this section.
(B) An adjustment may be made to
the water bill under the following conditions:
(1) On
a concealed leak in the customer’s piping, an adjustment may be made upon
receipt of a statement from a licensed plumber, or
upon receipt for a signed statement from the property owner or his/her legal
representative, that the leak has been repaired and that the repair meets or
exceeds the plumbing codes of the town.
(2)
Under other circumstances, such as the theft of services by someone
other than the property owner, where the evidence indicates to the Public Works
Director that an adjustment is the appropriate answer to the situation.
(C) The Public Works Director
shall have the authority to grant an adjustment equal to the following:
(1) On
the water portion of the utility bill, the customer shall be required to pay
the established minimum water charge.
The Public Works Director may grant an adjustment of one-half (50%) of
the remaining portion of that bill.
(2) On
the sewer portion of the utility bill, where the excess water from the break or
leak did not enter the sanitary sewer system, the customer shall be required to
pay an amount equal to the customer’s average bi-monthly sewer bill. The Public Works Director may grant an
adjustment of all other sewer charges.
(3) On
the sewer portion of the utility bill, where the excess water from the break
entered the sanitary sewer system, the customer shall be required to pay the
established minimum sewer charge. The
Public Works Director may grant an adjustment of one-half (50%) of the remaining
portion of that bill.
(4) If
the break occurred during a period which overlapped two consecutive billing
periods, both bills may be adjusted accordingly. In no case shall the adjusted bill be lower than
the average bill for the premises based on the seasonal consumption.
(5) No
adjustment shall be made unless the gallons billed are at least 10,000 gallons
more than the average bi-monthly billing.
(6) If
unsatisfied with the decision of the Public Works Director, the customer may
appeal that decision to the Town Manager.
(D) To be eligible for an
adjustment under this policy, the leak must be a concealed leak. Leaking or running commodes; treatment
systems; faucets, whether inside or outside; exposed piping; indoor or outdoor
showers; hose bibs; water fountains; dishwashers; etc; shall not be considered
concealed leaks.
(E) Provided, however, that no
adjustment will be allowed where the break or leak occurred during a period
when the premises was left vacant or unattended by the customer for a period in
excess of two weeks and where the customer failed to turn the water off at the
meter. This provision shall not apply,
though, to the sewer portion of the utility bill where the excess water did not
enter the sanitary sewer system.
(F) When the Water Department
personnel discover that a leak exists, and the owner is notified of the same,
the owner shall take immediate steps within seven (7) calendar days to correct
the situation. Undue delay by the owner
shall cause forfeiture of any benefits from this adjustment policy.
(G) The record owner of property
to which service is supplied shall be responsible for the repair, maintenance,
or replacement of any leaks occurring in the owner’s system without regard to
whether the property is occupied by the owner, a tenant, or is unoccupied. Each owner shall be responsible for the
tenant’s use of plumbing fixtures, pipes, and other water-using equipment
located on the owner’s property.
(H) The Town Manager is hereby
authorized to enter into extended payment arrangements with a customer who has
experienced extraordinary utility charges.
[Amended March 12, 1996]
(A) No unauthorized person may:
(1)
Supply or sell water from the town system to other persons or carry away
water from any hydrant, public water fountain, or other such public outlet
without specific authorization from the town;
(2)
Manipulate, tamper with, or harm in any manner whatsoever any waterline,
sewer line, main, or appurtenance or any other part of the water or sewer
system, including, but not limited to, any testing or inspection device used to
measure the character or concentration of wastes discharged into the sanitary
sewer system;
(3) Tamper with the water meter so as to alter the true reading
for the amount of water consumed;
(4)
Attach or cause to be attached any connection to the waterline before
the water meter.
All meters and cut-off boxes located before the meters shall remain the
property of the town and shall be kept in good repair and working order by the
town.
Sections 14-18 through 14-20
Reserved.
(A) The town shall:
(1)
Maintain the water and sewer lines within the town's rights-of-way and
easements;
(2)
Reserve the right to refuse service if there is a cross connection to a
private water supply, no backflow protection, or no sewer cleanout;
(3)
Assume liability for damage only if such damage results directly from
the town's negligence;
(4) Assume no liability for damage done by or resulting from any
defects in the piping, fixtures, or appliances on the customer's premises;
(5) Assume
no liability for the negligence of third persons.
(A) The customer shall:
(1)
Maintain the piping system on his property at his expense in a safe and
efficient manner. The town shall not
undertake to repair the customer's connections to the water or sewer line until
it has been determined that the disrepair, stoppage, or other cause or
impediment to the proper functioning of such line exists within the portion of
the lateral between the main line and the property line. If the property owner or his representative
claims that the cause of such disturbance or stoppage exists on that portion of
the lateral lying between the main line and the property line and an investigation
discloses that the cause of said disturbance actually exists in that portion of
the line lying between the property line and the structure which is serviced by
such line, the property owner shall pay to the town the actual cost to the town
of making such investigation. If,
however, upon investigation it is found that the cause of such disturbance or
disrepair is in that portion of the line lying between the property line and
the main line, the town shall make such repair without additional cost to the
property owner;
(2)
Guarantee protection for town facilities or equipment located on the
customer's property;
(3)
Pay the cost of relocating town owned facilities and equipment if done
at the customer's request;
(4)
Not make or cause to be made any cross-connection with a private water
supply;
(5)
Install proper and adequate backflow prevention devices;
(6)
Install a pressure reducing valve if deemed necessary by the
administrator;
(7) Install a sewer cleanout to town specifications if deemed
necessary by the administrator;
(8) Be
responsible to the town for damage to town property that is the fault of the
customer. The cost of repairing or
replacing such property will be added to the customer's bill.
Sections 14-23 through 14-25
Reserved.
(A) The town may terminate
service for any of the following reasons:
(1)
Refusal by the customer to pay in full an account that remains
delinquent in excess of fourteen days;
(2)
Prevention of fraud or abuse by a customer;
(3)
Failure of the customer to comply with any of the provisions of this
chapter.
(B) Before service is
terminated, the customer shall be notified of the proposed termination and
given an opportunity to be heard on the matter as provided in this article.
(C) The town reserves the right
to discontinue or interrupt service temporarily for any of the following
reasons:
(1)
Emergency repairs;
(2)
Insufficient supply or treatment capacity;
(3)
Strike, riot, flood, accident, act of God, or any other unavoidable
cause.
(D) The town shall make a good
faith effort to notify affected customers before service is discontinued or
interrupted as provided in subsection (C).
However; the customer, by making application for service, agrees to hold
the town harmless from liability for any damages that may occur due to
discontinuance or interruption of service for the above mentioned causes.
(A) On the day that an account
becomes delinquent (see Section 14-13), or as soon thereafter as possible, the
town shall mail to the customer a notice informing the customer of the amount
owed and stating that:
(1)
The customer's account is delinquent and is subject to a penalty charge
of ten percent (10%) on the unpaid balance; and
(2)
The customer is entitled to be heard before service termination by a
designated employee at a specified address or telephone number during stated
business hours if there is any dispute over the amount of the bill; and
(3)
Unless the bill is paid in full or otherwise resolved by a specified
date, the town may terminate service without further notice.
[Amended June 10, 1997]
(B) The service termination date
stated in the notice described in subsection (A) shall be the later of the
following;
(1)
The tenth day after the date the notice is mailed; or
(2)
The fifteenth day after the account becomes delinquent (see Section
14-13).
(C) If the town proposes to
terminate service for any reason other than nonpayment, the town shall first
mail to the customer a notice informing the customer:
(1)
That the town proposes to terminate service without further notice on a
specified date, which date shall be not earlier than the tenth day after the
notice is mailed; and
(2)
What the reasons for the proposed termination are and what, if anything,
the customer may or must do to avoid termination of service; and
(3)
That the customer is entitled to be heard by a designated employee (at
any time prior to termination of service) at a specified address or telephone
number during stated business hours if there is any question about the accuracy
or legitimacy of the reasons stated for the proposed termination.
(A) The hearing provided for in
Section 14-26 may be held by phone or, at the request of the customer, the
customer may meet in person with the employee at the office of the employee (as
specified in the notice described in Section 14-27).
(B) The hearing shall be
conducted informally. The customer shall
be given every reasonable opportunity to bring to the attention of the
designated employee information that bears upon the reasons for the proposed
termination.
(A) So long as the hearing
provided for in Section 14-26 is requested and held before the service
termination date indicated in the notice required by Section 14-27, the town
shall postpone the proposed termination date until three days after the written
decision is served on the customer as provided in subsection (B).
(B) As soon as reasonably
possible after the hearing, the employee conducting the hearing shall inform
the customer in writing of his decision and the reasons therefor. If the proposed termination relates to an
unpaid account, the writing shall also inform the customer that unless the
account is paid in full within three days after the notice is served, the
service will be terminated. This
decision may be served upon the customer personally or mailed by certified
mail, return receipt requested.
(C) If the customer fails to
make a timely request for the hearing provided for in Section 14-26 or,
following a hearing, fails to comply with the decision of the town within the
time specified in subsection (B), the town may
terminate service without further notice.
(A) Whenever (i) a water meter serves a single dwelling unit or, in the
case of non-residential structures, a single tenant, and (ii) the occupant of
the dwelling unit or the tenant is not the person responsible for water or
sewer payments (i.e. is not the "customer") and the town is aware of
this fact, and (iii) the customer becomes delinquent in his payments, then a
copy of the notice of proposed termination required by Section 14-26 shall be
sent to the occupant of the dwelling unit or the tenant of the non-residential
structure. Such notice shall include or
be accompanied by a statement setting forth the rights of such occupant or
tenant (the lessee) as provided in subsection (B).
(B) When a lessor
becomes delinquent in his water or sewer payments, a lessee may take
responsibility for such payments and may thereby become the
"customer" in accordance with the provisions of Article I. The lessee shall not be responsible for the
debts of the lessor.
(A) Water and sewer service
termination shall be effected only by authorized
agents of the town.
(B) When service is terminated,
discontinued or interrupted for any reason set forth in Section 14-26, it shall
be unlawful for any person other than a duly authorized agent or employee of
the town to do any act that results in the resumption of service.
(C) When service is terminated
for non-payment of bills, the service application
deposit shall be applied to the outstanding bill.
(D) If there are deposit funds
remaining after the deposit is applied to the outstanding bill, the excess
shall be refunded to the customer. If a
portion of the bill remains outstanding, the town may proceed to collect the
balance in the usual way provided by law for the collection of debts.
(E) Before service will be reinstated,
the customer shall be required to make full payment of any charges still
outstanding on his account. In addition,
the customer shall also redeposit with the utility an amount equal to his
application deposit or the amount of the bill outstanding at the time of
termination, whichever is greater.
(F) A charge for service
reinstatement shall be made in an amount established by the rate schedule
referenced in Section 14-9.
(A) The customer shall request
that service be discontinued (for a change in occupancy or other reason) at
least seven days before the customer desires the termination to become
effective.
(B) The customer shall be
responsible for all water consumed and for pro-rated service up to the time
service is terminated, or until seven days following receipt of the request for
termination, whichever occurs sooner.
(C) When all charges for service
are paid in full the customer's deposit shall be refunded. The deposit will be refunded pursuant to
Section 14-8.
(D) The customer shall be
entitled to be heard by a designated employee concerning any dispute about the
amount of the deposit refund. The
employee shall inform the customer in writing of his decision and the reasons therefor as soon as reasonably possible.
Sections 14-33 through 14-35
Reserved.
(A) Every person who owns
improved property within the corporate limits of the town shall be required,
within sixty days of receipt of notice from the town, to connect such improved
property to the public water and sewer systems unless service is not available
[as defined in subsection (B)].
(B) For purposes of this
chapter; water or sewer service (respectively) is "not available" if:
(1) the property on which a building or structure is located is
more than 200 feet from an existing water or sewer line that reasonably could
serve such property; or [Amended July 13,
1993][Amended March 11, 1995}
(2) to
connect to the system within the distances specified in subdivision (B)(1) it
would be necessary for the person seeking the connection to purchase an
easement in which to install water or sewer lines; or
(3) the Town is required by law (including state or federal
statute or regulation or judicial or administrative order) to refuse service,
or chooses to refuse service under Section 14-39.
(C) Whenever sewer service
becomes available under this section to property that previously has been
served by a sewage treatment system other than the Town's treatment system, the
owner of such property shall, within 60 days of receipt of the notice specified
in Subsection (A), remove from such property any and all above ground
structures, equipment, or other appurtenances that were part of or used in
connection with such other sewage treatment system.
(D) As used in this section, the
term "improved property" means property that has been developed
for any use that requires a supply of water or the availability of sewage
treatment or disposal facilities.
No person may connect or be connected to the water or sewer system of
the town until a permit for such a connection has been issued pursuant to
Section 14-38. After connection in
accordance with this article, service may be initiated in accordance with the
procedures set forth in Article II of this chapter.
(A) Application for connection
to the water or sewer system shall be made on the forms furnished by the town
and shall be signed by the applicant or his authorized agent. The application shall contain or be
accompanied by any information reasonably deemed necessary by the
administrator.
(B) Every application for
connection to the town's water system shall be accompanied by the tap-on and
service connection fees prescribed in the rate schedule referenced in Section
14-9. Every application for connection
to the town's sewer system shall be accompanied by the tap-on and sewer
availability fees prescribed in the rate schedule referenced in Section 14-9.
(C) No permit shall be issued
for water and sewer connections until after the administrator has made any
on-the-premises inspection of the real property identified on the application,
if the administrator deems such inspection necessary, and until the fees
prescribed herein have been paid.
(A) Upon application for a
connection permit the town may reject the application and decline to provide
service for the following reasons:
(1)
Service is not available under the standard rate.
(2)
The cost of service is excessive.
(3)
The provision of service to the applicant will adversely affect the
supply of water to other customers or will adversely affect the town's sewage
treatment capabilities.
(4)
Other good and sufficient reasons.
(A) Water and sewer connections
shall be constructed simultaneously whenever connections are to be made to both
systems.
(B) When a permit has been
issued by the town for a connection to existing water or sewer lines, the town,
either with the use of town forces or by contract, shall do the excavating, lay
the pipe, install a meter, make the connections (tap-on) to the main, fill the
excavation, and replace the surface of the street.
(C) The customer may request
that the water meter be placed on his premises; however, the final decision for
meter placement lies with the town.
(D) When the meter is placed on
the customer's premises:
(1)
The town shall provide a cut-off valve directly before the meter.
(2)
The customer shall provide a suitable location for placing the meter,
unobstructed and accessible at all times to the meter reader.
(E) The customer's piping and
apparatus shall be installed by a licensed plumber at the customer's expense in accordance with all
applicable building and plumbing codes and the town's regulations and in full
compliance with the sanitary regulations of the State Commission for Health
Services.
(A) For the purposes of this
chapter, "lot" shall mean a parcel of land whose boundaries have
been established by some legal instrument such as a recorded deed, deed of
trust or a recorded map, and which is recognized as a separate legal entity for
purposes of transfer of title.
(B) There shall be for every lot
to which water or sewer service is available:
(1) A
separate connection with the water main of
the town and a separate service pipe, tap and meter;
(2) A
separate connection with the sewer main of the town.
(A) Where there are multiple
buildings or structures situated on one lot and where the lot owner desires to
have a common water connection (including a private water distribution system),
and a common sewer connection (including a private sewage collection system),
he must meet the following requirements:
(1)
The building or buildings to be served shall be in compliance with all
applicable zoning regulations.
(2)
The building permit and plot shall show a single owner and shall
indicate the complex of buildings to be constructed on a single lot.
(3)
The applicant shall be required to submit to the town a site plan
showing the proposed water and sewer systems.
Such plans shall be prepared by a registered professional engineer who
shall also provide satisfactory inspection of the work. Such plans shall include:
(i) Size of water lines, materials to be used for
construction, valve locations and hydrant locations. All construction from the property line to
the water meter shall be in accordance with town standards and
specifications. Construction beyond the
water meter may be with materials permitted in the plumbing code. All construction shall be performed by either
a licensed master plumber or a licensed utility contractor.
(ii)
Size of sewers and materials to be used for construction. All sewer lines eight (8) inches or larger in
size shall be constructed in accordance with town specifications and
standards. All sewer
lines smaller than eight (8) inches shall be constructed in accordance with the
plumbing code. All construction
shall be performed by either a licensed master plumber or a licensed utility
contractor.
(4)
Should a building served by a common connection be conveyed to a new
owner, the town shall require a separate water and sewer connection from that
building to the mains in the street, except in the case of condominium or
townhouse developments.
By making application for service the customer agrees that the town
possesses the right to inspect the private water distribution systems, water
connections, sewage collection system and sewer connections before they are
connected to the town water and sewer systems.
The town shall be given notice to inspect before the pipes are covered
and the systems are connected.
All meters, meter boxes, pipes and other equipment furnished and used
by the town or its contractors in installing any water or sewer connections
shall be and remain the property of the town.
In addition to the requirements of Section 14-42, all owners of lots on
which private water distribution and sewer collection systems are situated
shall maintain such systems properly.
Failure to maintain the systems shall constitute a nuisance which may be
abated using the procedures set forth in Sections 11-38 through 11-41 of this
code. However; notwithstanding the
availability of these procedures, if a lot owner does not respond to an
emergency situation where a lack of water or sewer service poses an immediate
threat to public health, the town may summarily abate the nuisance and bill
the lot owner for costs incurred by the town.
Sections 14-46 through 14-51
Reserved.
The purpose of this water and sewer extension policy is to establish
procedures and guidelines pertaining to the extension of water distribution
lines and sewer collection lines into areas of the Town that do not have such
service(s), into areas that may become part of the Town through annexation, and
into areas outside of the corporate limits of the Town.
[Amended August 13, 1996]
(A) The goals and objectives of
the water and sewer extension policy are as follows:
(1) To
develop a comprehensive set of policies for the Town that will assist in establishing
priorities for the extension of water and sewer lines and for responding to
requests for water and sewer services;
(2) To
develop policies that will clarify the financial responsibility for water and
sewer extensions;
(3) To
provide for the orderly growth and maintenance of the water and sewer systems;
(4) To
assure that the water and sewer extensions meet the design and specification
standards for the Town of
(5) To
exercise control over the extension of water and sewer services to assure that
there will be adequate water and sewer capacity and that the water and sewer
fund will be financially stable;
(6)
Based on the premise that the water and sewer systems should be
self-supporting and should be financed primarily through user fees, extensions
and additions to the system should be well-planned and cost-effective so that
the impact on all water and sewer customers can be minimized.
[Amended August 13, 1996]
(A) It is the objective
of the Town of
(B) In scheduling the water and
sewer extensions, the Manager and Council shall consider the following, as well
as other related factors:
(1)
The financial resources available to the Water and Sewer Fund for the
financing of such improvements;
(2) The
urgency or need for a particular area to receive the water and sewer
services. (For example, an area where
private septic systems have failed or are contaminating ground water would have
a high priority on the basis of need or urgency.)
(3)
The estimated number of customers that would be available to connect to
the new water or sewer line, and the estimated revenue to be generated from
those potential customers. As a
guideline, the Town shall not be obligated to extend water or sewer services
into areas that have a density of less than 60 housing units per mile of water
line or a density of less than 60 housing units per mile of sewer line.
(4)
The ratio of the estimated costs for the extension of the line compared
to the estimated benefit or revenue to be derived from the extension of the
line (cost/benefit ratio).
(C) The purpose of this section
is to establish the criteria that will be used to determine which water and
sewer extensions shall be scheduled for funding and construction; as well as to
emphasize that there is a distinction between water and sewer projects that are
scheduled on the capital improvements plan and those that are not.
[Amended August 13, 1996]
(A) When water or sewer lines
are extended by a project that has been included in the capital improvement
plan, the water and sewer lines will be extended to designated points on the
exterior lines of private properties. Generally, the cost of extending those
lines across private property, or
within new subdivisions, or within
other new developments shall
be borne by the private property owner, subdivider,
or developer. Otherwise, a water or
sewer extension that is scheduled within the capital improvement plan shall be
constructed without assessment to the benefiting property owners, other than
the applicable connection or impact fees and the property owners’ costs for the
installation of lines on private property.
(B) The cost of extending water
or sewer lines within new subdivisions or other new developments shall be borne
by the subdivider or developer, except that if the
Town requires water or sewer lines within a subdivision or other new
development that are larger than those necessary to serve the project and are
so located as to serve other properties, the Town will reimburse the developer
for any additional costs incurred as a result of installing such oversized
lines.
(C) The Town’s share of the cost
may be either in-kind or cash after the project has been completed and
accepted. In-kind services may include
any of the following as examples: street
paving, service installations, reduction in tap and impact fee requirements,
storm drainage work, etc. [Amended August 13, 1996]
(A) A special extension would be an extension of water and
sewer lines that: (1) has not been included in the capital improvement plan;
or, (2) is made at an earlier time than is programmed within the capital
improvements plan. Applicants for
special extensions are expected to furnish all information relevant to the
project at the time the application is made.
The request will be denied unless the applicant can demonstrate to the
satisfaction of the Town that:
(1)
The extension is compatible with the Town’s planned system in size,
location, and other engineering features; and,
(2)
The applicant can pay its share of the costs of the extension project;
and,
(3)
For unscheduled extensions, that the extension will not result in a
disproportionate impact on the Town’s treatment capacity; and,
(4)
For unscheduled extensions, that the extension will be cost effective to
the Town in that any initial cost to the Town will be offset by projected
revenues within a reasonable period of time; and,
(5)
Proposed users of the extension will abide by all relevant laws, rules,
and regulations of the Town, State, and Federal governments and their
regulatory agencies.
(B) In making its decision, the
Council may also consider such matters as the availability of current funds;
the availability of manpower and other Town resources; the delay, if any, that
may result in scheduled extensions in other areas; current market conditions
affecting the price of labor and materials; any impact on the public health
needs; and any other factor reasonably related to the health, safety, and
welfare of the citizens of the Town.
(C) By submitting a request for
a special extension, an applicant is deemed to have accepted the conditions set
forth in this article. The applicant may
amend or withdraw its application prior to any vote of the Council.
(D) In acting upon a request,
the Council will vote in open session.
The application may be denied, it may be approved subject to the
conditions of this section, or it may be approved subject to such additional
conditions as are reasonably calculated to bring the extension within the
guidelines of this policy. The Town
reserves the right to change such conditions or to revoke its approval if the
conditions are not accepted, in writing, within 30 days of the approval; or if
there is a change in material circumstances before or after such acceptance.
(E) An application that is
withdrawn or denied will not be reconsidered within one year from the date of
withdrawal or denial if it is submitted in substantially the same form by
substantially the same applicant, or its successors or assigns, without the
prior consent of a majority of the Town Council.
(F) When the Town receives a
request to make a special extension, the Town Manager will furnish the Town
Council with a report setting forth the request, relevant information, and a
recommendation for action.
[Amended August 13, 1996]
(A) Where the extension of water
and sewer lines is included in the capital improvement plan, an applicant may
request that the extension be made at an earlier time than originally
scheduled. However, the Town is not
obligated, and may refuse, to approve such a request. In those situations where the Town does
approve the request, the Town’s participation will be on the following
additional conditions:
(1)
Where the Town agrees to reschedule an extension within the same fiscal
year as the Town’s existing plans, the rescheduling will be made at no
additional expense to the applicant or benefiting property owners.
(2)
Where the Town agrees to reschedule an extension between fiscal years,
the Town’s portion of the extension costs will be adjusted according to the
following schedule:
(a)
Move up one fiscal year: Town’s
portion will be 90% of the extension costs
(b)
Move up two fiscal years: 80% of
the extension costs
(c)
Move up three fiscal years: 70%
of the extension costs
(d)
Move up four fiscal years: 60% of
the extension costs
(e)
Move up five fiscal years: 50% of
the extension costs
[Amended August 13, 1996]
(A) Where a request is approved
to extend water and/or sewer services to areas within the Town not scheduled
for extension under the current capital improvement plan, or to extend water
and sewer services outside the Town, and where there are no engineering,
financial, or health reasons not to allow such an extension, the Town may offer
the requesting party the right to make such an extension only at the requesting
party’s sole expense, subject to inspection and acceptance by the Town.
(B) Unscheduled water and sewer
extensions may be approved upon receipt of a petition requesting such
improvements. Such a petition shall be
signed by a majority of the owners of the property that would derive service
from such an extension, and at the same time, those owners shall control at
least 50 percent of the property frontage abutting the proposed improvements. The Town will assess the full cost of the
water and/or sewer improvements against the abutting property owners. Town property shall be assessed in the same
manner as other property.
[Amended August 13, 1996]
(A) The following provisions
shall be applicable to all extensions of water and sewer lines:
(1) Project
costs, at the discretion of the Town, may include any or all of the
following: material costs; direct labor
costs; engineering, surveying, legal, inspection, and permit fees; and the cost
of easements, licenses, permits, and insurance.
The cost to the Town for the use of its personnel, equipment, and
facilities will be calculated in accordance with the Town’s cost-accounting
system and will be considered part of the project costs.
(2)
Any extension will be viewed by the Town as part of an overall system
designed to meet the needs of the existing and future population of the
Town. Accordingly, the Town reserves the
right to require that any extensions be of sufficient size to provide adequate
water and sewer flows for the area to be served even though the individual
applicant may not require a larger size.
(3)
All additions to the Town’s water or sewer system, whether inside or
outside the Town, shall be installed in accordance with the provisions of this
Article as well as other Town specifications and requirements. Among other matters, such specifications
shall govern the size of all lines, their location, grade, materials used,
manner of installation, and provision for future extensions. No construction on any addition to the Town’s
water or sewer system shall commence until detailed plans have been reviewed
and approved by the Town. Such plans
shall include whatever information is required by the Town to determine whether
the proposed extension complies with all applicable Town specifications and
requirements.
To protect street surfaces, the Town may
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.
(4)
The Town may enter into agreements to design, construct, and inspect
developer/owner-installed water or sewer extensions when the developer/owner
agrees to pay all costs and submits payment in advance.
(5)
All work on the extension of water or sewer lines not performed by Town
forces (whether inside or outside the Town) shall be subject to inspection by
the Town. If, in the judgment of the
Town Manager or Public Works Director, there is a demonstrated lack of
competent supervision by a contractor, the Town may:
(a)
Halt work until approved supervision is obtained and the work is done in
accordance with Town specifications and requirements.
(b)
Provide the necessary inspection by Town personnel at the expense of the
developer.
The person requesting the extension is solely
responsible for ensuring that the project is completed according to Town
specifications (if the work is not done by Town forces) and may be required to
rearrange or make other modifications to the work to bring it into conformity
with such specifications and requirements.
(6)
The Town shall have the exclusive right to make or permit additional
extensions and connections to any line that has been installed. Any commitment or agreement for the extension
of any water or sewer line by the person who originally constructed the line,
or by his agent, with any third person, shall in no way be binding upon the
Town unless it is a formal party to such an agreement.
(7)
Any extension made under this article shall be to a designated point on
the exterior property line of the applicant’s property. Any water or sewer lines within the boundaries
of the applicant’s property will be constructed at the sole expense of the
applicant; provided, however, that such interior lines and construction shall
also comply with all applicable Town, State, and Federal laws and regulations.
(8)
The Town will not be responsible for any acts or omissions of the
applicants and/or contractor who makes the installation. By making application for extension to the
Town’s water or sewer system, the person responsible for the extension agrees
to indemnify and hold the Town harmless from all loss, cost, damage, liability,
or expense resulting from injury to any person or property arising out of the
extension of such service lines.
(9)
The applicant shall be responsible for obtaining all easements necessary
for initial construction, future maintenance, and future connections and
extensions.
(10)
Upon completion of the construction and inspection and approval by the
Town, the extension shall be accepted into the Town’s water and sewer system
and all easements and licenses shall become the property of the Town.
(11)
All project costs will be advanced by the applicant. In projects where the Town participates in
payment, the Town will not make any payment until the project is completed by
the applicant and accepted by the Town, and the Town receives satisfactory
evidence that all project costs have been paid and that clear title to the
extension can be transferred to the Town.
(12)
Acceptance by the Town will not relieve the applicant or contractor from
responsibility or liability for any non-compliance with the provisions of this
chapter.
(13)
When the property to be served by the water or sewer extension is
located outside, but adjacent to the Town limits, the owner(s) shall submit a
sufficient petition for annexation of the area to be served.
When the property is located outside, but not
adjacent to the Town limits, the owner(s) shall, as a condition of access and
continued service, submit and maintain in force a sufficient petition for
annexation of the area at a future date.
[Amended August 13, 1996]
(A) Within the Town, water mains
will be extended by the Town only within the rights-of-way of public streets,
except that the Town may extend its lines within private streets when furnished
with the necessary water line easement.
Water lines extended outside the Town will be allowed to connect to the
Town’s system only if installed within the right-of-way of a public street or
within a private street with respect to which the Town has been granted a water
line easement.
(B) Sewer lines will be
installed within public street rights-of-way whenever practicable, but the Town
may accept sewer lines constructed within private streets or (where the
topography makes this necessary) other private property when adequate easements
are provided and accepted by the Town.
(C) In spite of the above
provisions, the Town may accept an offer of dedication of lines installed
within unsubdivided developments if necessary and
acceptable easements are provided.
(D) Whenever easements are
required under this section, the responsibility for obtaining and furnishing
the Town with such easements (including all costs associated with easement
acquisition) shall lie with the applicant seeking the line extension.
[Amended August 13, 1996]
(A) All water and sewer mains
constructed and connected with the facilities of the Town pursuant to this
article shall be conveyed to and become the property of the Town upon
completion and acceptance by the Town.
Connection to the system and acceptance by the Town shall constitute
dedication of a water or sewer main extension by the person responsible for the
extension.
(B) Following dedication, as
provided in the preceding paragraph, the Town shall have exclusive control over
all water or sewer lines and shall be responsible for their maintenance,
repair, and operation. However, the
conveyer of additions to the system shall guarantee the entire project against
defective material and workmanship for a period of 12 months from the date of
completion and acceptance of the project, including such incidental damages as
may arise from such claims.
[Amended August 13, 1996]
(A) The provisions of this
article shall apply to all applications submitted on or after the date of its
adoption. This article supersedes all
other provisions of the Town Code, or ordinances or resolutions of the Town
Council, setting forth requirements for water or sewer line extensions;
provided, however, that nothing contained herein shall invalidate any existing
contract the Town may have entered into prior to the effective date of this
Article for the extension of water or sewer service, nor shall this Article
entitle any person to a reduction in any contract terms or a refund of any
contract amounts.
(B) Further, the Town reserves
the right to amend its general plan of extensions and capital improvements plan
during its budget deliberations or at other times not prohibited by law. Extensions may be added, deleted, or
rescheduled to be consistent with evolving patterns of development, health
needs, fund availability, and other changing circumstances.
[Amended August 13, 1996]
All new lateral lines to be connected to the Town Sewage System
pursuant to Article V and Article VI of the Chapter shall be pressure tested at
5 pounds p.s.i. for 5 minutes. In the event the pressure falls below 4
pounds p.s.i. during the testing time period, said
lateral lines shall not be connected to the Town Sewage System but shall be
repaired and again pressure tested until said lines satisfy the requirements
set forth herein.
The Town shall have the right to inspect and test all private lateral
lines which are currently connected to the Town Sewage Collection System. Said existing private lateral lines shall be
smoke tested by inserting a smoke bomb and pressurizing with a blower. In the event there is visible smoke to the
ground surface above the line, the Town shall have the right to require that
the line be repaired or replaced. The Town
shall notify all customers and/or property owners who are being served by a
lateral line requiring repair or replacement in accordance with the standards
set forth herein that said line must be repaired within 30 days from the date
of notification. In the event said
lateral fine is not repaired or replaced within 30 days from notification, or
in the event arrangements have not been made which are satisfactory to the Town
that said line will be repaired or replaced within a reasonable period of
time, the Town shall be entitled to terminate water service for those customers
served by said lateral line pursuant to Article IV of this Chapter.
[Amended June 14, 1994]
(A) All new sewer lateral lines
shall be below grade and shall have not less than 3'-0” cover. Where 3'-0” cover is not possible, the pipe
shall be of ferrous material in accordance with N.C. Department of Environment,
Health, and Natural Resources regulations or schedule 40 PVC.
(B) Where a sewer lateral cannot
be placed below grade and maintain a minimum of minus 1% slope to the sewer
main, the sewer service shall be made with a pump and force main system.
[Amended March 14, 1995]
(A) The developers of
subdivisions and unsubdivided developments, whether
inside or outside the town, may be required as a condition of connecting to the
town's water system to install fire hydrants in accordance with town
requirements and specifications. Among
other matters, such requirements and specifications may govern the number,
locations, and type of hydrants required.
(B) Connection to the town's
water system of any hydrant constructed pursuant to subsection (A) shall constitute
an offer of dedication to the town of such hydrant.
(C) All hydrants located within
the right-of-way of a dedicated street or on other town property shall be maintained
by the town without charge, except that the town may include a hydrant
maintenance charge in the fire protection service fees charged to the county
for any area served by the town outside its corporate limits.
(D) No person, other than an
authorized representative of the town, may draw water from or otherwise tamper
with any hydrant.
(A) Subject to the provisions of
this article, the town may allow fire protection service connections to be made
to the town's water lines.
(B) All fire protection service
connections shall be made in accordance with town requirements and specifications
and only after the town has reviewed and approved detailed plans for such fire
protection service lines and facilities.
Final connection to the town system shall not be made until the
administrator has inspected and approved the installed fire protection system.
(C) Private fire protection
systems, including standpipes, sprinkler systems, and private reservoir
systems, shall be constructed and installed only by persons properly licensed
to do the work. Taps shall be made by
the town, and fees shall be charged therefore in accordance with the schedule
referenced in Section 14-9.
(D) Backflow prevention
conforming to town specifications shall be installed at such points in the fire
protection system as necessary to assure protection of the water supply.
(A) The town may require the
owner of any fire protection line to install at his expense either a detection
check valve with bypass meter or a full flow fire line meter. Such a valve or meter may be required upon
the initial connection of the fire line to the town's system and shall be
required if the town subsequently has reason to believe that unmetered water is being lost or used for other than fire
protection purposes from any such line.
(B) When a detection check meter
indicates usage of water for other than fire protection, the owner shall be
required at his expense to furnish and install a full flow meter of approved
design. Such meter shall be arranged to
meter all water supplied to the premises for all purposes, including fire
protection.
Sections 14-68 through 14-75
Reserved.
Many of the provisions of this article explicitly apply only to
industrial wastes. The remaining
provisions apply to wastes of all types, but, as a practical matter, only
industrial wastes are likely to be affected by them in most instances.
(A) No person may discharge or
cause to be discharged into any sanitary sewer any storm water, surface water,
ground water, roof runoff, subsurface drainage, cooling water or unpolluted
industrial or commercial process water.
(B) The discharge into the Town
of
(A) Subject to the provisions of
Sections 14-79 and 14-80, no person may discharge or cause to be discharged any
of the following described waters or wastes to any part of the town's sanitary
sewer system.
(1)
Any clothing, rags, textile remnants, etc., except scraps or fibers that
will pass through one-quarter (0.25) inch mesh screen or its equivalent in
screening ability.
(2)
Any liquid or vapor having a temperature higher than 150 degrees
Fahrenheit.
(3)
Any water or waste containing more than 100 milligrams per liter (mg/l)
of fats, oils, or grease.
(4)
Any liquids, solids or gases that may cause fire or explosion or be in
any way injurious to persons, any portion of the town's sewage treatment system
or the operation of this system.
(5)
Any liquid wastes in which the suspended solids exceed 600 milligrams
per liter.
(6)
Any liquid wastes having a B.O.D. of more than 600 milligrams per liter.
(7)
Any waters or wastes having a stabilized pH lower than 6.0 or higher
than 9.0 or having other corrosive property capable of causing damage or
hazard to structures, equipment, or personnel of the sewage treatment system.
(8)
Any waters or wastes containing any toxic or poisonous substances or any
other materials (including, but not limited to, heavy metals or chemicals) in
sufficient quantities to interfere with the biological processes used in the
sewage treatment works or that will pass through the sewage treatment works and
harm persons, livestock, or aquatic life utilizing the natural outlet.
(9)
Any waters or wastes containing suspended solids of such character and
quantity that unusual attention or expense is required to handle such materials
at the sewage treatment plant.
(10)
Any noxious or malodorous gas or substance capable of creating a public
nuisance.
(11)
Any garbage that has not been properly shredded.
(12)
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, bones,
feathers, tar, plastic, wood, paunch manure, butcher's offal, or any other
solid or viscous substances capable of causing obstruction to the flow in sewers or other interference with
the proper operation of the sewage collection system or the sewage treatment works.
(13)
Any materials that form excessive amounts of scum that may interfere
with the operation of the sewage treatment works or cause undue additional
labor in connection with its operation.
(14)
Any liquid wastes containing dyes or other colors that cannot be removed
by biological processes or that require special chemical treatment.
(15)
Any waters or wastes that require excessive quantities of chlorine for
stabilization in addition to biological treatment. The amount of excess demand will be determined
by comparing the chlorine demand of the waste in question with the average
chlorine demand of all other wastes entering the plant.
(16)
Any waters or wastes containing radioactive waters or wastes in
quantities that may prove injurious to the treatment process or any portion of
the sewage treatment system or to persons, animals, or plant life.
(A) A major purpose of this
article is to provide for the treatment by the town of as much of the liquid
waste produced within the town's service area as possible, while still
protecting the town's sewage treatment system.
Therefore, the Board may waive the provisions of Section 14-78 when, in
its judgment, the quantity of waste discharged by any person is so small in relation to overall flow into the town's sewage
treatment system as to make the offending characteristics of the waste
negligible.
(B) A waiver granted in
accordance with subsection (A) shall be considered a temporary measure and
shall not ripen into a vested right.
Such waivers may be revoked by the Board at any time when it determines
it is in the interest of the town's sewage treatment system to do so.
Notwithstanding the provisions of Section 14-78, the town may enter
into special agreement with any person whereby wastes of unusual strength or
character may be admitted into the sanitary sewers for treatment by the town,
either before or after approved pretreatment or prehandling,
and subject to appropriate payments to the town to cover the extra costs
associated with treatment of such wastes.
(A) Subject to subsection (B),
no person may discharge industrial wastes into the town's sewage treatment
system without a permit issued by the administrator.
(B) Persons discharging
industrial wastes into the town's sewage treatment system on the effective date
of this section shall have a grace period of three months to comply with the
provisions of subsection (A), and shall thereafter be bound by its
requirements.
(C) Application for the permit
specified in subsection (A) shall be made to the administrator, and the applicant
shall provide whatever information is reasonably required by the
administrator. The permit shall be
issued if the administrator concludes that the applicant will comply with all
of the requirements of this article.
(D) The permit requirement set
forth in this section for industrial waste discharge is in addition to any
other provisions of this chapter relating to applications for service,
connections, or extensions to the town's sewer system.
(E) After the initial permit is
granted, no person may make or cause to be made any substantial change in the
nature, character, or volume of industrial wastes discharged into the town's
sanitary sewer system until a permit is issued by the administrator
authorizing such change. Such permit
shall be applied for and issued in the same manner as the initial permit under
this section.
(A) To equalize flows and to
avoid temporary overloads, any person who discharges into the town's sanitary
sewer system waste having a volume in excess of 50,000 gallons in any
twenty-four hour period may be required by the town to construct suitable
storage tanks or equivalent devices according to town specifications relating
to type of construction, storage capacity, and similar matters. The control of the volume of discharges of
waste shall be by a waterworks type rate controller or equivalent device, the
setting and operations of which shall be subject to the reasonable direction of
the administrator.
(B) Whenever the total volume of
wastes to be discharged by any person in any one day has considerable variation
in pollutional value, such person may be required to
construct holding or storage tanks in order to control the discharge of wastes
over a twenty-four hour (24) hour
period. Such tanks shall be in duplicate
and be so equipped as to mix the waste so thoroughly that its quality will be
uniform when discharged into the sanitary sewer system.
(C) Grease, oil, and sand
interceptors shall be provided when in the opinion of the administrator they
are necessary for the proper handling and control of liquid wastes containing
grease, oil or sand in excessive amounts.
Such interceptors shall not be required for private living quarters or
dwelling units, but may be required for industrial or commercial establishments,
public eating places, hotels, hospitals, or other institutions. The person responsible for the discharge of
the sewage necessitating the interceptors shall be responsible for installing
them at his expense. Such interceptors
shall be located as to be readily accessible for cleaning and inspection and
shall be maintained by the owner at his expense in continuously efficient
operation at all times.
(D) Plans, specifications, and
other pertinent information relating to proposed preliminary treatment or
handling facilities, including the construction of storage tanks, inspection or
control manholes, and controlling devices as required under this section, shall
be submitted to the administrator for approval, and no construction of such
facilities shall be commenced until such approval is obtained in writing.
(E) Where preliminary treatment
or handling facilities are provided for any purpose, they shall be maintained
continuously in satisfactory and effective operation by the owner at his
expense.
(A) Any person discharging
industrial wastes into the town's sanitary sewer system may be required to construct
and maintain a suitable inspection or control manhole either downstream from
any treatment or storage facility or, if such facilities are not required, at
or before the point where the wastes enter the sanitary sewer.
(B) Such manhole shall be
located and constructed in a manner approved by the administrator and shall contain
the equipment determined by the administrator to be necessary for proper
sampling and control of waste discharges.
(A) Industrial waste discharged
into the town's sanitary sewer system shall be subject to periodic inspection
to determine the character and concentration of such waste, and the
administrator shall conduct such inspections as often as deemed reasonably
necessary to ensure compliance with the provisions of this chapter.
(B) By making application for
sanitary sewer service the industrial waste customer agrees that duly
authorized and identified town employees shall be permitted to enter the
premises under the customer's control to carry out the inspections required in
subsection (A). Whenever feasible, the
town shall notify the customer before carrying out such inspections.
(C) Inspections made pursuant to
subsection (A) do not relieve the person discharging wastes into the sanitary
sewer system of responsibility for any loss, damage, or penalty resulting from
the discharge of such wastes into the sanitary sewer system.
(D) Samples taken as part of the
inspections authorized by this section shall be collected in such a manner as
to be representative of the actual quality of the waste. Laboratory methods used in the
examination of such waste shall be those set forth in the latest edition of
"Standard Methods of the Examination of Water and Sewer”, published by the
American Public Health Association, a copy of which is on file at the office of
the administrator for inspection by interested parties.
Authority is hereby given to the administrator to exclude temporarily
any :.ndustrial waste, whether pretreated or not,
from the sanitary sewers whenever in his opinion such action is necessary for
the purpose of determining the effects of such wastes upon any part of the
sewage treatment system.
(A) Customers discharging
industrial wastes into the town's sanitary sewer system shall be subject to surcharges
that reflect the additional treatment demands of industrial wastes. Therefore, the amount of an industrial waste
customer's bill depends upon the character and concentration of the wastes
discharged as well as the quantity.
Charges will be in accordance with the schedule of rates referenced in
Section 14-9.
(B) The volume of flow used in
determining the total discharge of industrial wastes shall be based upon
metered water consumption as shown in the records of meter readings maintained
by the administrator.
(C) In the event that a person
discharging wastes into the sanitary sewers produces evidence satisfactory to
the administrator that more than ten percent (10) of the total volume of water
used for all purposes does not reach the sanitary sewers, then the
administrator and the customer may agree to use an estimated percentage of
total water consumption as a basis for calculation of sewer use charges.
(D) Where a person discharging
industrial wastes into the public sewers procures all or any part of his water
supply from sources other than the town, the person so discharging such waste
shall install and maintain at his own expense water meters of a type approved
by the administrator for the purpose of determining the proper volume of industrial
waste discharged to such sewers.
A water shortage shall be deemed to exist when water consumption by
customers connected to the municipal water system of the Town of Blowing Rock
shall have reached the point where continued or increased consumption will
equal or exceed the system supply capacity such that citizens cannot be
supplied with water to protect their health and safety without substantially
curtailing the water demand.
(A) In the event it appears that
water consumption of the Blowing Rock municipal water system may exceed supply
capacity, then a Stage I Water Advisory, calling for voluntary water
conservation, may be announced by the Town Administrator.
(B) In the event of a water
shortage in the "Stage II" or "Stage II" degrees of
severity hereinafter set forth, the Mayor of the Town of Blowing Rock is
authorized and empowered to issue a public proclamation declaring to all
persons the existence of such state and the severity thereof, and, in order to
more effectively protect the health and safety of the people within the Town of
Blowing Rock, to place in effect the mandatory restrictive provisions
hereinafter authorized.
In the event the Mayor issues any such proclamation declaring a Stage
II or III water shortage, then and in that event it shall be unlawful for any
person, firm, or corporation, to use or permit the use of water from the
Blowing Rock municipal water system for any purpose prohibited under those
conditions until such time as this ordinance is amended or repealed, or until
the proclamation of water shortage has been cancelled as hereinafter set
forth. In exercising this discretionary
authority, consideration shall be given to:
available/usable storage on hand; storage drawdown rates; the actual and
projected supply capability; outlook for precipitation; daily water use
patterns; and availability of water from other sources.
(A) The severity of a water
shortage shall be determined by the relation of supply to demand, weather conditions,
and the amount of water remaining in storage.
The restrictive measures in effect at each stage are as follows:
(1) Stage
I Shortage. In the event the water level in the
Blowing Rock reservoir falls five (5) feet below full pond (full pond being
when water flows over the spillway) and if the National Weather Service
forecast predicts less than 50% chance of precipitation within the next two days,
the Stage I Water Shortage Advisory may be announced by the Town Administrator
and the following voluntary water restrictions will be publicized and imposed:
(a)
The following residential conservation measures will be encouraged and
recommended:
(1.)
Limit lawn watering to that which is necessary for plants to survive.
(2.)
Limit vehicle washing to minimum.
(3.)
Do not wash down outside areas such as sidewalks, patios, etc.
(b)
The following conservation measures will be encouraged and recommended
for commercial users, public buildings, institutions, etc.:
(1.)
Limit lawn watering to that which is necessary for plants to survive.
(2.)
Limit vehicle washing to minimum.
(3.)
Do not wash down outside areas such as parking lots, service bays or
aprons, sidewalks, etc.
(2) Stage
II Shortage. In the event a
Stage I Water Shortage Advisory is in effect and the water level in the Blowing
Rock reservoir falls ten (10) feet below full pond, then a Stage II Water
Shortage may be proclaimed by the Mayor and in addition to the voluntary
restrictions heretofore requested, the following moderate mandatory water
restrictions shall be in effect. It
shall be unlawful to use water supplied by the Blowing Rock municipal water
system for the following purposes:
(a) To
water lawns, grass, shrubbery, trees, flower and vegetable gardens except by
hand.
(b) To
fill newly constructed swimming pools and/or wading pools or refill swimming
and/or pools which have been drained. A
minimal amount of water may be added to maintain continued operation of pools
which are in operation at the time a Stage I shortage is placed into effect.
(c) To
wash automobiles, trucks, trailers, boats, airplanes, or any other type of
mobile equipment including commercial washing.
(d) To
wash down outside areas such as streets, driveways, service station aprons,
parking lots, office buildings, exteriors of existing or newly constructed
homes or apartments, sidewalks, or patios or to use water for other similar
purposes.
(e) To
operate or introduce municipal system water into any ornamental fountain, pool,
pond, or other structure making similar use of water.
(f) To
use water from public or private fire hydrants for any purpose other than fire
suppression or other public emergency.
(g) To
use municipal system water for dust control or compaction.
(h) To
use water for any unnecessary purpose or to intentionally waste water.
The owner or occupant of any land or building
which receives water from the Town of Blowing Rock and that also utilizes water
from a well or supply other than that of the Town shall post and maintain in a
prominent place thereon a sign obtained from the Public Works Department giving
public notice of the use of the well or other source of supply.
(3) Stage
III Shortage. In the event a Stage II Water Shortage is
in effect and the water level in the Blowing Rock reservoir falls fifteen (15)
feet below full pond level, then a Stage III Water Shortage may be proclaimed
by the Mayor and in addition to the restrictions heretofore imposed, the
following stringent mandatory water restrictions shall be in effect. It shall be unlawful:
(a) To
use water outside a structure for any use other than an emergency involving
fire.
(b) To
introduce water into any swimming pool.
(c) To
serve drinking water in restaurants, cafeterias, or other food establishments,
except upon request.
(d) To
make any non-essential use of water for commercial or public use, and the use
of single service plates is encouraged and recommended in restaurants.
(e) To
operate an evaporative air conditioning unit which recycles water; except
during the operating hours of business.
(4) Stage
IV Shortage. In the event a
Stage III Water Shortage is in effect and the water level in the Blowing Rock
reservoir falls twenty (20) feet below full pond, then a Stage IV Water
Shortage may be proclaimed by the Mayor and in addition to the restrictions
heretofore imposed, the following actions shall be taken:
(a)
Above ground water lines shall be installed so as to utilize either
(A) A Stage I Water Shortage
Advisory will expire when the Town Administrator determines that the condition
which caused the alert has abated.
(B) Stages II and III degrees of
water shortage will be cancelled when the Mayor determines that the condition
which caused or contributed to the water shortage has abated.
(C) The expiration or cancellation
of a water shortage declaration shall be promptly and extensively publicized.
(A) Discontinuance of Service. Pursuant to the provision of General
Statute Section 162-88 and the Town Water Ordinance, service may be temporarily
discontinued for willful disregard of this ordinance and a one hundred
($100.00) dollar reconnect fee may be imposed before restoration of
service. In the event of continued gross
noncompliance of this ordinance the removal of the meter will be deemed proper
and service will be discontinued and all tap fees and deposits forfeited. Reconnection will only be made by payment of
current due amounts, and new tap fees and deposits shall be paid. [Amended 7/13/93]
(B) Penalties. Any violation of the provisions of
the ordinance shall constitute a misdemeanor, punishable upon conviction by a
fine not to exceed one hundred ($100.00) dollars or imprisonment exceeding
thirty (30) days as provided by General Statute Section 14-4 and in addition
thereto such violation may be enjoined and restrained as provided in General
Statute 153 A-123.
The provisions of this ordinance may also be enforced by injunction or
order of abatement issued by the General Court of Justice.
If any section, subdivision, clause, or provision of this ordinance
shall be adjudged invalid, such adjudication shall apply only to such section,
subdivision, clause, or provision so adjudged, and the remainder of this
ordinance shall be deemed valid and effective.
Section 14-95 Reserved.
It is determined and declared to be necessary and conductive to the
protection of the public health, safety, welfare, and convenience of the Town
of
Unless the context specifically indicates otherwise, the meaning of the
terms used in this ordinance shall be as follows:
Section 1. “BOD” (denoting Biochemical Oxygen Demand)
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 (mg/l).
Section 2.
“Normal Domestic Wastewater” shall mean wastewater that has a BOD concentration of not more than 300
mg/l and a suspended solids concentration of not more than 300 mg/l (and any
other pollutant, specify, concentration of not more than 300 mg/l).
Section 3.
“Operations and Maintenance” shall mean those functions that result in expenditures during the
useful life of the treatment works for materials, labor, utilities, and other
items which are necessary for managing and which works were designed and
constructed. The term “operations and
maintenance” includes replacement as defined in Section 4.
Section 4. "Replacement" shall mean expenditures for obtaining and
installing equipment, accessories, or appurtenances which are necessary during
the useful life of the treatment works to maintain the capacity and performance
for which such works were designed and constructed.
Section 5.
"Residential User" shall mean any contributor to the city's treatment works whose lot,
parcel, or real estate, or building is used for domestic dwelling purposes
only.
Section 6.
"Commercial User" shall mean all retail stores, restaurants, office buildings,
laundries, and other private business and service establishments.
Section 7.
"Industrial User" shall include any non-governmental user of publicly owned treatment
works which is identified in the Standard Industrial Classification Manual,
1972, Office of Management and Budget, as amended and supplemented, under the
following division: Division A-Agriculture, Forestry, and Fishing; Division
B-Mining; Division D-Manufacturing; Division E-Transportation, Communications,
Electric, Gas, and Sanitary; and Division I-Services.
Section 8: "Institutional
User" shall include
social, charitable, religious, and educational activities such as schools,
churches, hospitals, nursing homes, penal institutions, and similar
institutional users.
Section 9.
"Governmental User" shall include legislative, judicial, administrative, and regulatory
activities of Federal, State, and local governments.
Section 10. "Shall" is mandatory; "May" is permissive.
Section 11.
"SS"
(denoting Suspended Solids) shall mean solids that either float on the
surface of or are in suspension in water, sewage, or other liquids and which
are removable by laboratory filtering.
Section 12: "Treatment
Works" shall mean
any device and systems for the storage, treatment, recycling, and reclamation
of municipal sewage, domestic sewage, or liquid industrial wastes. These
include intercepting sewers, outfall sewers, sewage collection systems,
pumping, power, and other equipment and their appurtenances; extensions
improvement, remodeling, additions, and alteration thereof; elements essential
to provide a reliable recycled supply such as standby treatment units and clear
well facilities; and any works, including site acquisition of the land that will
be an integral part of the treatment process or is used for ultimate disposal
of residues resulting from such treatment (including land for composting
sludge, temporary storage of such compost, and land used for the storage of
treated wastewater in land treatment systems before land application); or any
other method or system for preventing, abating, reducing, storing, treating,
separating or disposing of municipal waste or industrial waste, including waste
in combined storm water and sanitary sewer systems.
Section 13.
"Useful Life" shall mean the estimated period during which a treatment works will be
operated.
Section 14. "User Charge" shall mean that portion of the total
wastewater service charge which is levied in a proportional and adequate manner
for the cost of operation, maintenance, and replacement of the wastewater treatment
works.
Section 15.
"Water Meter" shall mean a water volume measuring and recording device, furnished
and/or installed by a user and approved by the Town of
Section 1. The revenues collected, as a result of the
user charges levied, shall be deposited in a separate non-lapsing fund known as
the Operation, Maintenance, and Replacement Fund.
Section 2. Fiscal year-end balances in the operation, maintenance, and replacement
fund shall be used for no other purposes than those designated. Monies which have been transferred from other
sources to meet temporary shortages in the operations, maintenance, and
replacement fund shall be returned to their respective accounts upon
appropriate adjustment of the user charge rates for operation, maintenance, and
replacement. The user charge rate(s) shall be adjusted such that the
transferred monies will be returned to their respective accounts within six months
of the fiscal year in which the monies were borrowed.
Section 1. Each user shall pay for the services provided by the Town of Blowing
Rock based on his use of the treatment works as determined by water meter
readings (or other appropriate methods) acceptable to the Town of Blowing Rock.
Section 2. For residential, industrial, institutional, and commercial users, every
two months users charges will be based on actual water
usage. If a residential, commercial, or industrial user has a consumptive use
of water, or, in some other manner, uses water which is not discharged into the
waste water collection system, the user charge for the waste water meter(s) or
separate water meter(s) installed and maintained at the user's expense.
Section 3. (Reference is made to Appendix I-A of this ordinance). The user charge
rate for normal domestic sewage shall be computed by using the following
formula: Total annual O M & R cost/total annual volume.
Each user shall pay a user charge rate for operation and maintenance
including replacement of $2.25 per 1000 gallons of water for all over 5,000
gallons each two months billing period, plus a minimum charge of $20.00 for the
first 5,000 gallons of usage in the same period. (Editor’s note: These fees have been superseded by subsequent
rate increases approved by the Town Board of Commissioners.)
Section 4.
(Reference is made to Appendix III-A of this ordinance).
(A) For those users whose waste
water has greater strength than normal domestic sewage, a surcharge in addition
to the normal user charge, will be collected. The surcharge for operation and
maintenance including replacement will be computed using the following formula:
(1)
Step 1: First determine the user charge for treating normal domestic
sewage using the following formula*:
cd = cv + (bt) (bp) + (st) (sp)
vt
(2)
Step 2: Then calculate the surcharge rate using the following formula*:
__BOD___ ____SS___
Bb = bt/ba Sb = St/Sa
Step 3: The surcharge is then added to the
normal domestic sewage rate to determine the total bill.
NOTE: Surcharges would only be imposed for the parameters discharged
that exceed the baseline waste strength set forth in this ordinance and would
be in addition to the monthly user charge.
* Formula definitions:
Ba = Total annual pounds of BOD
Bb = Annual O M & R surcharge
for excess BOD
Bp = Percentage of
Bt = Total annual O,M,& R unit
processing costs for BOD
Cd = Annual user charge rate for
normal domestic sanitary sewage
Cv = Total annual O,M,& R unit
processing costs for volume
Sp = Percentage of Normal Domestic
SS contributed annually by all users
St = Total annual O,M, & R unit
processing costs for SS
Vt = Total annual volume
Section 5. Any user which discharges any toxic pollutants (as defined in the Sewer
Use Ordinance) which cause an increase in the cost of managing the effluent of
the sludge from the Town of Blowing Rock's treatment works, or any user which
discharges any substance which singly or by interaction with other substances
causes identifiable increases in the cost of operation, maintenance, or
replacement of the treatment works, shall pay for such increased costs. The
charge to each user shall be as determined by the appropriate financial
personnel and approved by the Town of
Section 6. All
users of the Town of Blowing Rock treatment works shall be subject to
provisions and regulations contained in Chapter 14, the Sewer Use Ordinance,
and it's appendices with no distinction between in-town and out-of-town users.
All users contributing any wastewater whose waste strength is greater
than 300 mg BOD/l or 300 mg SS/l shall prepare and file with the Town a report
that shall include pertinent data relating to the wastewater characteristics,
including the methods of sampling and measurement to obtain these data, and
these data shall be used to calculate the user charge for that user. The Town
shall have the right to gain access to the waste stream and take its own
samples. Should the Town do so and should the results be substantially
different as determined by analysis of the data submitted by the user, the user
charge for that shall be revised for the next billing cycle/period.
Section 1. Any user who feels his user charge is unjust and inequitable may make
written application to the Town of
Section 2. Review of the request shall be made by the Town of
Section 1. The town will review the user charges at least annually and revise the
rates as necessary to ensure that adequate revenues are generated to pay the
costs of operation and maintenance including replacement and that the system
continues to provide for the proportional distribution of operation and
maintenance including replacement costs among users and user classes.
Section 2. The Town will notify each user at least annually of the rate being
charged for operation, maintenance including replacement of the treatment
works.
The provisions of Public Law 92-500 require that the Town of
A tabulation of the fixed cost and variable cost is shown in Table II.
The fixed cost (cf) are
logically equated with "readiness to serve cost". These costs are
based on operations, maintenance, and repair (OM&R) expenditures which
would not exhibit significant variations if the sewer system were designed for
a larger or smaller sewage flow. The expenses for these items are pro-rated
equally to all users.
The variable costs (cv)
are defined as the costs of system operations and maintenance which are not
fixed costs. These costs will tend to vary depending on the quantity of flows
received into the system.
The expenses for these items are passed to the user in proportion to
the volume of sewage discharge. Significant variable cost factors include
additional manpower, electrical power expenses, and replacement costs.
The cost of operation of the collection and treatment facilities may
fluctuate due to market prices and increased demands. Consequently the
expenditures shown in this report are the best estimates available at this
time. The number of users shown reflects all existing system users.
The user charge system is to be reviewed on an annual basis by the Town
of
The code of Federal Regulations (40 CFR, Part 35, Subpart E, Appendix B) discusses the requirements for a User Charge
System. Models are given of which one or more, or variations of one or more,
may be utilized for the development of a User Charge System. The model, or
formula, to be utilized must include considerations for the amount of flow and
pollution concentrations discharged by all users of the system. For the Town of
Federal Regulations allow for additional charges to be assessed a
discharge for each measurable unit of each pollution
constituent that is discharged beyond the concentration allowed in the Town's
Sewer Use Ordinance. The additional charges are known as surcharges. The
calculation of surcharge rates is included in Appendix IV-A of Appendix I to
CH-14 to provide the Town with an established mechanism for the billing as
such. The costs utilized in the calculations are the variable costs of the
treatment works shown in Appendix II-A of Appendix I to CH-14. Therefore,
revisions will also be required to these calculations whenever revisions are
made to the variable costs.