Town of Maggie Valley

Sewer Use Ordinance

TABLE OF CONTENTS

Page #

SECTION 1 GENERAL PROVISIONS

1.1 Purpose and Policy 1

1.2 Definitions and Abbreviations 1

SECTION 2 GENERAL SEWER USE REQUIREMENTS

2.1 Prohibited Discharge Standards 7

2.2 State Requirements 9

2.3 Right of Revision 9

2.4 Dilution 9

2.5 Pretreatment of Wastewater 9

2.6 Hauled Wastewater 10

2.7 Use of Public Sewers Required 10

2.8 Construction Requirements 10

2.9 Building Sewers and Connections 10

SECTION 3 FEES

3.1 Purpose 12

3.2 User Charges 12

3.3 Surcharges 12

SECTION 4 WASTEWATER DISCHARGE PERMITS

4.1 Wastewater Dischargers 14

4.2 Wastewater Discharge Permits 14

4.3 Grease Trap/Interceptor Standards and Requirements 14

SECTION 5 REPORTING REQUIREMENTS

5.1 Reports from Unpermitted Users 18

5.2 Notification of the Discharge of Hazardous Waste 18

5.3 Timing 19

5.4 Record Keeping 19

SECTION 6 COMPLIANCE MONITORING

6.1 Monitoring Facilities 20

6.2 Inspection and Sampling 20

6.3 Search Warrants 20

SECTION 7 CONFIDENTIAL INFORMATION 21

SECTION 8 ENFORCEMENT 21

8.1 Civil Penalties 21

8.2 Other Available Remedies 22

8.3 Remedies Nonexclusive 22

SECTION 9 SEVERABILITY 23

SECTION 10 CONFLICT 23

SECTION 11 EXTENSION POLICY 23

SECTION 12 EFFECTIVE DATE 23

SECTION I - GENERAL PROVISIONS

1.1 Purpose and Policy

This ordinance sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the Town of Maggie Valley, hereafter referred to as the Town, and enables the Town to comply with all applicable State and Federal laws, including the Clean Water Act of 1977 (33 United States Code § 1251 et seq.) and the General Pretreatment Regulations (40 CFR, Part 403).

The objectives of this ordinance are:

(a) To prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system or contaminate the resulting sludge;

(b) To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into any waters of the State or otherwise be incompatible with the system;

(c) To protect municipal personnel who may be affected by sewage, sludge, and effluent in the course of their employment, as well as protecting the general public;

(d) To provide for the equitable distribution of the cost of operation, maintenance and improvement of the municipal wastewater system; and

(e) To ensure that the municipality complies with its NPDES or Non-discharge Permit conditions, sludge use and disposal requirements and any other Federal or State laws to which the municipal wastewater system is subject.

This ordinance provides for the regulation of direct and indirect contributors to the municipal wastewater system, through the issuance of permits to certain non-domestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

This ordinance shall apply to all users of the Town’s wastewater system either within or outside of the Town limits, as authorized by N.C.G.S. 16OA-312 and/or 153A-275. The Town shall designate an administrator of the Publically Owned Treatment Works (POTW) hereafter referred to as the POTW Director. Except as otherwise provided herein, the POTW Director shall administer, implement, and enforce the provisions of this ordinance. Any powers granted to or imposed upon the POTW Director may be delegated by the POTW Director to other Town personnel.

1.2 Definitions And Abbreviations

(a) Unless the context specifically indicates otherwise, the following terms and phrases, as used in this ordinance, shall have the meanings hereinafter designated:

(1) Act or "the Act”. The Federal Water Pollution Control Act, also known as the Clean Water Act as amended, 33 U.S.C. § 1251, et seq.

(2) Approval Authority. The Director of the Division Of Water Quality in the North Carolina Department of Environment, and Natural Resources or his designee.

(3) Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 20 degrees centigrade, usually expressed as a concentration (e.g. mg/1).

(4) Building Sewer. A sewer conveying wastewater from the premises of a user to the POTW.

(5) Bypass. The intentional diversion of waste streams from any portion of a user’s treatment facility.

(6) Direct Discharge: The discharge of wastewater into any waters of the State.

(7) Environmental Protection Agency or EPA. The U.S. Environmental Protection Agency, or where appropriate the term may also be used as a designation for the Administrator or other duly authorized official of said agency.

(8) Food Service Establishment. A facility discharging kitchen or food preparation wastewaters such as restaurants, motels, hotels, cafeterias, delicatessen, meat cutting preparation, bakeries, hospitals, schools, bars, or any other facilitiy which in the Town’s discretion, would require a grease trap installation by virtue of its operation.

(9) Grab Sample. A sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time.

(10) Grease Interceptor/Grease Trap. A device utilized to effect the separation of grease and oils in wastewater effluent from a Food Service Establishment. Such traps or interceptors may be of the “outdoor” or underground type normally of a 1,000 gallon capacity or more, or the “under-the-counter “ package units which are typically less than 100 gallon capacity. For the purpose of this definition, the words “trap” and “interceptor” are used interchangeably.

(11) Holding Tank Waste. Any waste from holding tanks, including but not limited to such holding tanks as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.

(12) Indirect Discharge or Discharge. The discharge or the introduction from any nondomestic source regulated under section 307(b), (c), or (d) of the Act, (33 U.S.C. 1317). into the POTW (including holding tank waste discharged into the system).

(13) Interference. The inhibition, or disruption of the POTW treatment processes, operations, or its sludge process, use, or disposal, which causes or contributes to a violation of any requirement of the POTW's NPDES or Non-discharge Permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with section 405 of the Act, (33 U.S.C. 1345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA)(42 U.S.C. §6901, ei seq.), the Clean Air Act, the Toxic Substances Control Act, the Marine Protection Research and Sanctuary Act (MPRSA) or more stringent state criteria (including those contained in any State sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW.

(14) Medical Waste. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

(15) National Prohibitive Discharge Standard or Prohibitive Discharge Standard. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in section 2.1 of this ordinance and are developed under the authority of 307(b) of the Act and 40 CFR, section 403.5.

(16) National Categorical Pretreatment Standard or Categorical Standard Any regulation containing pollutant discharge limits promulgated by EPA in accordance with section 307 (b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial user.

(17) New Source. Any source, the construction of which is commenced after the publication of proposed regulations prescribing a section 307(c) (33 USC 1317) Categorical Pretreatment Standards which will be applicable to such source, if such standard is thereafter promulgated within 120 days of proposal in the Federal Register. Where the standard is promulgated later than 120 days aftrer proposal, a (A) new source means any source, the construction of which is commenced after the date of promulgation of the standard.

(18) National Pollution Discharge Elimination System, or NPDES, Permit. A permit issued pursuant to section 402 of the Act (33 U.S.C. § 1342), or pursuant to N.C.G.S. 143-215.1 by the State under delegation from EPA.

(19) Non-discharge Permit. A disposal system permit issued by the State pursuant to N.C.G.S. 143-215.1.

(20) Pass Through. A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the POTW's NPDES or Non-discharge Permit, or a downstream water quality standard.

(21) Person. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. This definition includes all Federal, State, and local government entities.

(22) pH. A measure of the acidity or alkalinity of a substance, expressed as standard units, and calculated as the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

(23) Pollutant. Any “waste” as defined in N.C.G.S. 143-213(18) and dredged spoil, solid incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste and certain characteristics of wastewater (e.g., pH. temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

(24) Pollution. The man-made or man induced alteration of the chemical, physical, biological, and radiological integrity of water.

(25) POTW Director. The Town Manager of Maggie Valley is designated with the responsibility for the enforcement of this Sewer Use Ordinance.

(26) POTW Treatment Plant. That portion of the POTW designed to provide treatment to wastewater.

(27) Pretreatment or Treatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollution into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes or other means except by diluting the concentration of the pollutants.

(28) Publicly Owned Treatment Works (POTW) or Municipal Wastewater System. A treatment works as defined by section 212 of the Act, (33 U.S.C. §1292) which is owned in this instance by the Town. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to the POTW treatment plant. For the purposes of this ordinance, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the Town who are, by contract or agreement with the Town, or in any other way, users of the POTW of the Town.

(29) Significant Industrial User. Any industrial user of the wastewater disposal system who has a process wastewater flow of 5% of the treatment plant capacity or .75 MGD or more per day.

(30) Significant Noncompliance or Reportable Noncompliance. A status of noncompliance defined as follows:

(i) Violations of wastewater discharge limits.

A. Any violation(s) of an effluent limit (average or daily maximum) that the control authority believes has caused, alone or in combination with other discharges, interference or pass-through; or endangered the health of the sewage treatment plant personnel or the public.

B. Any discharge of a pollutant that has caused imminent endangerment to human health/welfare or to the environment and has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge.

(ii) Violations of compliance schedule milestones, contained in a pretreatment permit or enforcement order, for starting construction, completing construction, and attaining final compliance by 90 days or more after the schedule date.

(iii) Failure to provide reports for compliance schedule, self-monitoring data, baseline monitoring reports, 90-day compliance reports, and periodic compliance reports within 30 days from the due date.

(iv) Failure to accurately report noncompliance.

(v) Any other violation or group of violations that the control authority considers to be significant.

(31) Slug Load. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in section 2.1 of this ordinance.

(32) Standard Industrial Classification (SIC). A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1987.

(33) Storm Water. Any flow occurring during or following any form of natural precipitation and resulting therefrom.

(34) Director The person designated by the Town to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this ordinance or his duly authorized representative.

(35) Suspended Solids. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater other liquids, and which is removable by laboratory filtering.

(36) Wastewater. The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, mobile sources, treatment facilities and institutions, together with any groundwater, surface water, and storm water that may be present, whether treated or untreated, which are contributed into or permitted to enter the POTW.

(37) Wastewater Permit. As set forth in section 4.2 of this ordinance.

(38) Waters of the State. All streams, lakes, ponds, marshes, watercourses, waterways, wells springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the State or any portion thereof.

(b) This ordinance is gender neutral and the masculine gender shall include the feminine and vice-versa.

(d) The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use.

(e) The following abbreviations when used in this ordinance, shall have the designated meanings:

(1) BOD Biochemical Oxygen Demand

(2) CFR Code of Federal Regulations

(3) COD Chemical Oxygen Demand

(4) EPA Environmental Protection Agency

(5) gpd Gallons per day

(6) 1 Liter

(7) mg Milligrams

(8) mg/l Milligrams per liter

(9) N.C.G.S. North Carolina General Statutes

(10) NPDES National Pollution Discharge Elimination System

(11) O&M Operation and Maintenance

(12) POTW Publicly-Owned Treatment Works

(13) RCRA Resource Conservation & Recovery Act

(14) SIC Standard Industrial Classification

(15) SWDA Solid Waste Disposal Act

(16) TSS Total Suspended Solids

(17) TKN Total Kjeldahl Nitrogen

(18) U.S.C. United States Code.

SECTION 2 – GENERAL SEWER USE REQUIREMENTS

2.1 Prohibited Discharge Standards

(a) General Prohibitions. No user shall contribute or cause to be contributed into the POTW, directly or indirectly, any pollutant or wastewater which causes interference or pass through. These general prohibitions apply to all users of a POTW whether or not the user is a significant industrial user or subject to any National, State, or local pretreatment standards or requirements.

(b) Specific Prohibitions. No user shall contribute or cause to be contributed into the POTW the following pollutants, substances, or wastewater:

(1) Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed cup flashpoint of less than 14O degrees F (60 degrees C) using the test methods specified in 40 CFR 261.21.

(2) Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference but in no case solids greater than one half inch (1/2”) in any dimension.

(3) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through.

(4) Any wastewater having a pH less than 5.0 or more than 10.5 or wastewater having any other corrosive property capable of causing damage to the POTW or equipment.

(5) Any wastewater containing pollutants, including oxygen-demanding pollutants, (BOD, etc) in sufficient quantity, (flow or concentration) either singly or by interaction with other pollutants, to cause interference with the POTW.

(6) Any wastewater having a temperature greater than 150 degrees F (55 degrees C), or which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 1O4 degrees F (40 degrees C).

(7) Any pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems.

(8) Any trucked or hauled pollutants, except at discharge points designated by the POTW Director in accordance with section 2.6 of this ordinance.

(9) Any noxious or malodorous liquids, gases, or solids or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.

(10) Any substance which may cause the POTW’s effluent or any other product of the POTW such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case, shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal regulations or permits issued under section 405 of the Act; the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or State criteria applicable to the sludge management method being used.

(11) Any wastewater which imparts color which cannot be removed by the treatment process, including, but not limited to, dye wastes and vegetable tanning solutions, which consequently impart sufficient color to the treatment plant’s effluent to render the waters injurious to public health or secondary recreation or to aquatic life and wildlife, or to adversely affect the palatability of fish or aesthetic quality or impair the receiving waters for any designated uses.

(12) Any wastewater containing any radioactive wastes or isotopes except as specifically approved by the POTW Director in compliance with applicable State or Federal regulations.

(13) Storm water, surface water, ground water. Artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water and noncontact cooling water, unless specifically authorized by the POTW Director.

(14) Fats, oils, or greases of animal or vegetable origin in concentrations greater than ten (10) mg/l.

(15) Any sludges, screenings or other residues from the pretreatment of industrial wastes.

(16) Any medical wastes, except as specifically authorized by the POTW Director in a wastewater discharge permit.

(17) Any material containing ammonia, ammonia salts, or other chelating agents which will produce metallic complexes that interfere with the municipal wastewater system.

(18) Any material that would be identified as hazardous waste according to 40 CFR Part 261 if not disposed of in a sewer except as may be specifically authorized by the POTW Director.

(19) Any wastewater causing the treatment plant effluent to violate State Water Quality Standards for toxic substances as described in 15A NCAC 2B .0200.

(20) Wastewater causing, alone or in conjunction with other sources, the treatment plant’s effluent to fail a toxicity test.

(21) Recognizable portions of the human or animal anatomy.

(22) Any wastes containing detergents, surface active agents, or other substances which may cause excessive foaming in the municipal wastewater system.

(23) At no time, shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than five percent (5%) nor any single reading over ten percent (10%) of the lower explosive limit (LEL) of the meter.

(c) Pollutants, substances, wastewater, or other wastes prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the municipal wastewater system.

(d) When the POTW Director determines that a user(s) is contributing to the POTW, any of the above enumerated substances in such amounts which may cause or contribute to interference of POTW operation or pass through, the POTW Director shall:

1) advise the user(s) of the potential impact of the contribution on the POTW.

2) take appropriate actions in accordance with section (4) for such user to protect the POTW from interference or pass through.

2.2 State Requirements

State requirements and limitations on discharges shall apply in any case where they are more stringent than Federal requirements and limitations or those in this ordinance.

2.3 Right of Revision

The Town reserves the right to establish limitations and requirements which are more stringent than those required by either State or Federal regulation if deemed necessary to comply with the objectives presented in section 1.1 of this ordinance or the general and specific prohibitions in section 2.1 of this ordinance, as is allowed by 40 CFR 403A.

2.4 Dilution

No user shall ever increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitation contained in the National Categorical Pretreatment Standards, unless expressly authorized by an applicable pretreatment standards or any other pollutant-specific limitation developed by the Town of Maggie Valley or the State.

2.5 Pretreatment of Wastewater

Users shall provide wastewater treatment as necessary to comply with this ordinance and any wastewater permits issued under section 4.2 of this ordinance.

2.6 Hauled Wastewater

Septic tank waste may be introduced into the POTW only at locations designated by the POTW Director, and at such times as are established by the POTW Director. Such waste shall not violate section (2) of this ordinance or any other requirements established by the Town. The POTW Director may require septic tank waste haulers to obtain wastewater discharge permits.

2.7 Use of Public Sewers Required

Any structure to be built or installed within the corporate limits of Maggie Valley that requires the use of a sanitary sewer system must connect to the municipal sewer system when it is available. Any property annexed pursuant to the development standard and service method that has existing structure(s) shall not be required by the Town of Maggie Valley to connect to the municipal sewers. Any new construction, taking place in annexed areas, shall be required to connect to the municipal sewer system under the provisions of this ordinance.

2.8 Construction Requirements

All provisions of the Water and Sewer Services Extension Policy’s Construction Requirements are hereby incorporated into this Sewer Use Ordinance by reference. These requirements can be found in Section III General Requirements, 4. Construction Requirements. All provisions and any subsequent revisions are included in this stipulation.

2.9 Building Sewers and Connections

No unauthorized persons shall uncover, make any connections with or opening into, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Appropriate Authority.

There shall be one (1) class of building sewer permit. The owner(s) or his agent shall make application on a special form furnished by the town. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Appropriate Authority.

All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the town from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, or driveway, the front building may be extended to the rear building and the whole considered as one building sewer, but the town does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Appropriate Authority, to meet all requirements of this Ordinance.

The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the State of North Carolina.

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

No person(s) shall make connection of roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected indirectly or directly to a public sanitary sewer unless such connection is approved by the Appropriate Authority for purposes of disposal of polluted surface drainage.

The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the State of North Carolina. All such connections shall be made gas tight and water tight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the Appropriate Authority before installation.

The applicant for the building sewer permit shall notify the Appropriate Authority when the building sewer is ready for inspection and connect to the public sewer. The connection and testing shall be made under the Appropriate Authority or his representative.

All excavations for the building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the town.

SECTION 3 - FEES

3.1 Purpose

It is the purpose of this chapter to provide for the recovery of costs from users of the wastewater disposal system of the Town for the implementation of the program established herein. The applicable charges or fees shall be set forth in a separate "SCHEDULE OF SEWER USE CHARGES AND FEES" by the Town Manager and approved by the Town Board. A copy of these charges and fees is on file in the office of the Town Clerk.

3.2 User Charges

A user charge shall be levied on all users including, but not limited to, persons, firms, corporations or governmental entities that discharge, cause or permit the discharge of sewage into the POTW.

(a) The user charge shall reflect, at least, the cost of debt service, operation and maintenance (including replacement) of the POTW.

(b) Each user shall pay its proportionate cost based on volume of flow and/or the concentration of pollutants.

(c) The Manager of the Town shall review annually the sewage contributions of users, the total costs of debt service, operation and maintenance of the POTW and will make recommendations to the Board serving the Town for adjustments in the schedule of charges and fees as necessary.

(d) Charges for flow to the POTW not directly attributable to the users shall be distributed among all users of the POTW based upon the volume of flow of the users.

3.3 Surcharges: The amount of the surcharges will be based upon:

(a) The volume of flow used in determining the total discharge of wastewater for payment of user charges and surcharges shall be based on the following:

(1) Metered water consumption as shown in the records of meter readings maintained by the Town; or

(2) If required by the Town or at the individual discharger’s option, other flow monitoring devices which measure the actual volume of wastewater discharged to the sewer. Such devices shall be accessible and safely located, and the measuring system shall be installed in accordance with plans approved by the Town. The metering system shall be installed and maintained at the users expense according to arrangements that may be made with the Town.

(3) Where any user procures all or part of his water supply from sources other than the Town, the user shall install and maintain at his own expense a flow measuring device of a type approved by the Town.

(b) The character and concentration of the constituents of the wastewater used in determining surcharges shall be determined by samples collected and analyzed by the Town. Samples shall be collected in such a manner as to be representative of the actual discharge and shall be analyzed using procedures set forth in 40 CFR Part 136.

(c) The determination of the character and concentration of the constituents of the wastewater discharge by the POTW Director or his duly appointed representatives shall be binding as a basis for charges.

SECTION 4 WASTEWATER DISCHARGE PERMITS

4.1 Wastewater Dischargers

It shall be unlawful for any person to connect or discharge to the POTW without first obtaining the permission of the Town of Maggie Valley.

4.2 Wastewater Discharge Permits

All Significant Industrial Users shall obtain a Significant Industrial Users permit prior to the commencement of discharge to the POTW. Users who do not fit the Significant Industrial User criteria may at the discretion of the POTW Director be required to obtain a wastewater discharge permit .

4.3 Grease Trap/Interceptor Standards and Requirements

(a) General Requirements

(1) All Food Service Establishments shall have grease handling facilities approved by the TMVSSD. Establishments whose grease handling facilities or methods are not adequately maintained to prevent floatable oils, fat or grease from entering the sewerage system shall be notified in writing of any non-compliance and required to provide a schedule whereby corrections shall be accomplished.

(2) All Food Service Establishments’ grease handling facilities shall be subject to review, evaluation, and inspection by TMVSSD representatives during normal working hours. Results of inspections will be made available to the facility owner, lease holder or operator. TMVSSD may lend assistance and make recommendations for correction and improvement.

(3) Food Service Establishments receiving two (2) consecutive unsatisfactory evaluations or inspections, may be subject to penalties or other corrective actions as provided in the Sewer Use Ordinance.

(4) Food Service Establishments who continue to violate the TMVSSD Grease Standards/Requirements may be considered grounds for discontinuance of sewer service.

(5) Food Service Establishments whose operations cause or allow excessive grease to discharge or accumulate in the Town of Maggie Valley’s collection system may be liable to the Town for costs related to service calls for line blockages, line cleanings, line and pump repairs etc. including all labor, materials and equipment. Failure to pay all service related charges may also be grounds for sewer service discontinuance.

(6) Regularly scheduled maintenance of grease handling facilities is required to insure adequate operation. In the maintenance of these grease interceptors, the owner, lease holder or operator shall be responsible for the proper removal and disposal of grease by appropriate means and shall maintain on-site records of dates and means of disposal. Records shall be maintained for a period of three (3) years

(7) Any Food Service Establishments whose effluent discharge to the sewerage system is determined by the TMVSSD to cause interference in the conveyance or operation of the sewerage system may be required to sample its grease trap discharge and have it analyzed for oil and grease at the expense of the owner, lease-holder or operator. Results of such analyses shall be reported to the TMVSSD.

(8) All grease traps/interceptors shall be designed and installed to allow for complete access for inspection and maintenance of the inner chamber(s) and viewing and sampling of effluent wastewater discharged to the sewer.

(9) Food Service Establishments shall adopt procedures for handling sources of floatable oils, fat or grease originating within their facility. A notice shall be permanently posted at a prominent place in the facility advising employees of the procedures to be followed.

(10) Food Service Establishments shall develop and implement a Waste Minimization Plan pertaining to the disposal of grease, oils, and food particles. TMVSSD may render advice or make suggestions regarding the minimization of waste.

(b) Construction Standards: New Facilities

(1) All new Food Service Establishments shall be required to install a grease interceptor, approved by the TMVSSD. Grease interceptors shall be adequately sized with no interceptor less than 1,000 gallons total capacity unless otherwise approved by TMVSSD.

(2) No new Food Service Establishments will be allowed to initiate operations until grease handling facilities are installed and approved by the TMVSSD.

(3) All grease interceptors, whether singular or two tanks in series, must have each chamber directly accessible from the surface to provide means for servicing and maintaining the interceptor in working and operating condition.

(4) A basket, screen or other intercepting device shall prevent passage into the drainage system of solids ½ inch or larger in size. The basket or device shall be removable for cleaning purposes.

(5) Where food waste grinders are installed, the waste from those units shall discharge directly into the building drainage system without passing through a grease interceptor. All other fixtures and drains receiving kitchen or food preparation wastewaters shall pass through a grease interceptor.

(1) All existing Food Service Establishments shall have grease-handling facilities approved by TMVSSD. Food Service Establishments without any grease handling facilities will be given a compliance deadline not to exceed six (6) months from date of notification to have approved and installed grease handling equipment in compliance with this Standard. Failure to do so will be considered a violation of the Town of Maggie Valley’s Sewer Use Ordinance and may subject the facility to penalties and corrective actions. Said installations shall meet the same requirements for design as for new facilities.

(2) In the event an existing Food Service Establishment’s grease handling facilities are either under-designed or substandard in accordance with this policy, the owner(s) will be notified in writing of the deficiencies and required improvements and given a compliance deadline not to exceed six (6) months to conform with the requirements of this grease Standard.

(3) For cases in which “outdoor” type grease interceptors are infeasible to install, existing Food Service Establishments will be required to install adequate and approved “under-the-counter” grease traps for use on individual fixtures including dishwashers, sinks, and other potentially grease-containing drains.

(4) Sizing of “under-the-counter” grease trap units will be in accordance with recommended ratings for commercial grease traps, attached to this Standard. The grease retention capacity rating in pounds shall be at least two (2) times the GPM flow rate of the type of fixture which it serves. Flow control fittings must be provided to the inlet side of all “under-the-counter” units to prevent overloading of the grease trap and to allow for proper operation.

(5) The TMVSSD approval of flow control devices and grease trap design must be obtained prior to installation.

(6) The location of “under-the-counter” units must be as near the source of the wastewater as is physically possible.

(7) Wastewater from garbage grinders should not be discharged to traps/interceptors.

(8) In maintaining grease traps/interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal that are subject to review by the TMVSSD.

(9) The exclusive use of enzymes, grease solvents, emulsifiers, etc. is not considered acceptable grease trap maintenance practice.

(d) New Food Service Establishments in Existing Buildings

(1) Whenever practical, new Food Service Establishments, locating in existing buildings will be required to comply with the grease trap Standards applicable to new facilities.

(2) Where physically impossible to install “outdoor” units, “under-the-counter” units may be allowed as with existing food service establishments provided prior approval of unit type, size, location, etc. is approved by the TMVSSD.

Recommended Ratings

“Under-the-Counter” Package Unit Grease Traps

Type of Fixture	Flow Rate	Grease Retention Capacity Rating	Recommended Maximum Capacity Per Fixture Connected to Trap
	gpm	lb	gal
Restaurant Kitchen Sink	15	30	50.0
Single Compartment Scullery Sink	20	40	50.0
Double Compartment Scullery Sink	25	50	62.5
2 Single Compartment Sinks	25	50	62.5
2 Double Compartment Sinks	35	70	87.5
Dishwashers for Restaurants
Up to 30 gall. water capacity	15	30	50.0
Up to 50 gall. water capacity	25	50	62.5
50 to 100 gall. water capacity	40	80	100.0

SECTION 5 REPORTING REQUIREMENTS

5.1 Reports from Unpermitted Users

All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the POTW Director as the POTW Director may require.

5.2 Notification of the Discharge of Hazardous Waste

The Town prohibits the discharge of any hazardous wastes without notification and approval of the POTW Director.

(a) Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and State hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharge during the calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following twelve (12) months. All notifications must take place no later than one hundred and eighty (180) days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharge. However, notifications of changed conditions must be submitted under section 6 of this ordinance. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of sections (5.1, 5.3, and 5.41) of this ordinance.

(b) Dischargers are exempt from the requirements of paragraph [(a)], above, during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specific in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.

(c) In the case of any new regulation under section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the POTW Director, the EPA Regional Waste Management Waste Division Director, and State hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations.

(d) In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

(e) This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this ordinance, a permit issued thereunder, or any applicable Federal or State law.

5.3 Timing

Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.

5.4 Record Keeping

Users subject to the reporting requirements of this ordinance shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this ordinance and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or the Town, or where the user has been specifically notified of a longer retention period by the POTW Director.

SECTION 6 COMPLIANCE MONITORING

6.1 Monitoring Facilities

The Town may require the user to provide and operate at the user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the Town may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.

Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the requirements of the Town and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the Town.

6.2 Inspection and Sampling

The Town reserves the right to inspect the facilities of any user to ascertain whether the purpose of this ordinance is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the Town and EPA or their representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination and copying or in the performance of any of their duties. The Town approval authority and EPA shall have the right to set up on the user’s property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the Town approval authority and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. Denial of the POTW Director, or EPA access to the user's premises shall be a violation of this ordinance. Unreasonable delays may constitute denial of access.

6.3 Search Warrants

If the POTW Director, or EPA has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the Town designed to verify compliance with this ordinance or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the POTW Director, or EPA may seek issuance of a search warrant.

SECTION 7 CONFIDENTIAL INFORMATION

Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the POTW Director that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. Any such request must be asserted at the time of submission of the information or data and all determinations of confidentiality will be in accordance with G.S. 133-1.2.

SECTION 8 ENFORCEMENT

8.1 Civil Penalties

(a) Any user who is found to have failed to comply with any provision of this ordinance, or the orders, rules, regulations and permits issued hereunder, may be fined up to ten thousand dollars ($10,000) per day per violation. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. Such assessments may be added to the user’s next scheduled sewer service charges and the POTW shall have such remedies for the collection of such assessments as it has for collection of other service charges.

(b) In determining the amount of the civil penalty, the POTW Director shall consider the following:

(i) The degree and extent of the harm to the natural resources, to the public health, or to public or private property resulting from the violation;

(ii) The duration and gravity of the violation;

(iii) The effect on ground or surface water quantity or quality or on air quality;

(iv) The cost of rectifying the damage;

(v) The amount of money saved by noncompliance;

(vi) Whether the violation was committed willfully or intentionally;

(viii) The costs of enforcement to the Town.

(c) The Town of Maggie Valley may apply not only the penalties specified in this Ordinance, but also may use any of the enforcement procedures specified in G.S. 160A-175.

8.2 Other Available Remedies

Remedies, in addition to those previously mentioned in this ordinance, are available to the POTW Director who may use any single one or combination against a noncompliant user. Additional available remedies include, but are not limited to:

(a) Criminal Violations. The Town may request prosecution of non-compliant users who violate the provisions of this ordinance through the General Court of Justice for Haywood County.

(b) Injunctive Relief

Whenever a user is in violation of the provisions of this ordinance or an order or permit issued hereunder, the POTW Director, may petition the Superior Court of Justice for the issuance of a restraining order or a preliminary and permanent injunction which restrains or compels the activities in question.

Any violation of the prohibitions or effluent limitations of this ordinance or of a permit or order issued hereunder, is hereby declared a public nuisance and shall be corrected or abated as directed by the POTW Director. Any person(s) creating a public nuisance shall be subject to the provisions of any Town ordinance governing such nuisances and all provisions of NCGS 160-A-175 governing such nuisances, including reimbursing the POTW for any costs incurred in removing, abating or remedying said nuisance.

(d) Penalties for False Information

Any person who knowingly makes false statements, representations or certifications in any application, record, plan or other document filed or required to be maintained pursuant to this ordinance or wastewater permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this ordinance, shall upon conviction, be punished by a fine of not more than ten thousand dollars ($10,000.00) or by imprisonment for not more than six (6) months, or both.

(e) Water Supply Severance

Whenever a POTW user is in violation of the provisions of this ordinance or an order or permit issued hereunder, water service to the user may be severed and service will only recommence, at the user’s expense, after it has satisfactorily demonstrated ability to comply.

8.3 Remedies Nonexclusive

The remedies provided for in this ordinance are not exclusive. The POTW Director may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with enforcement response plan of the Town. However, the POTW Director may take other action against any user when the circumstances warrant. Further, the POTW Director is empowered to take more than one enforcement action against any noncompliant user.

SECTION 9 - SEVERABILITY

If any provision, paragraph, word, section or article of this ordinance is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections, and chapters shall not be affected and shall continue in full force and effect.

SECTION 10 - CONFLICT

All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this ordinance are hereby repealed to the extent of such inconsistency or conflict.

SECTION 11 EXTENSION POLICY

The Water and Sewer Services Extension Policy originally adopted by the Town of Maggie Valley on March 27, 2001 and any additions or subsequent revisions to the policy shall be incorporated by reference into the Sewer Use Ordinance.

SECTION 12 - EFFECTIVE DATE

This ordinance shall be in full force and effect on the 17 day of April,2001

INTRODUCED the 27 day of March, 2001

FIRST READING: March 27, 2001.

SECOND READING: April 17, 2001.

PASSED this 17, day of April, 2001.

AYES: __4___________

NAYS: _____________

ABSENT__1___________

NOT VOTING: ________

APPROVED this 17 day of April 2001.

_________________________

MAYOR, of Maggie Valley

ATTEST: (Seal) Town Clerk

____________________________

Published the ____ day of _______, 2001.

TOWN OF MAGGIE VALLEY

MAGGIE VALLEY SANITARY DISTRICT

Water and Sewer Services Extension Policy

I. PURPOSE

This policy is being issued jointly by the Maggie Valley Sanitary District and the Town of Maggie Valley and is the result of a cooperative endeavor funded by the North Carolina Rural Center. This policy is in no way intended to suggest that the two bodies are anything but separate municipal entities, operating independently of each other. They seek to coordinate services in order to benefit their often overlapping customer base.

The objective of the Water and Sewer Extension Policy is to set forth guidelines for the extension of water and sanitary sewer facilities. Such extensions are intended to facilitate planned growth and provide essential water and sanitary sewer services to unserved areas.

II. JURISDICTIONAL CONSIDERATIONS

Public water services in this area are provided by the Maggie Valley Sanitary District (MVSD). The MVSD, which is an independent entity with its own Board, owns and operates the system which is defined by the District’s Charter. This policy is issued jointly and application must be made at the MVSD office at 45 Water Plant Road.

The extension of water service facilities may consist of the construction of the following:

· Water transmission lines and large water mains

· Water storage tanks

· Water treatment plants

· Water pumping stations

· Related equipment

Municipal sewer services in this area are provided by the Town of Maggie Valley Sanitary Sewer Department (TMVSSD). The Town owns and maintains all components of the sewer system. Service may be extended beyond the Town limits only if the provisions of Section II-2 of this policy are satisfied. Although this policy was issued jointly, application must be made to the District office at 45 Water Plant Road regardless of the type of service desired. The District office acts as a clearinghouse for all applications.

The extension of sewer service facilities may consist of the construction of the following:

· Collector sewers

· Interceptor sewers

· Sanitary sewer force mains

· Sewer treatment plants

· Sewer pumping stations

· Other appurtenances necessary to provide sewer service

1. Definitions.

a. Annexation. The process whereby land is incorporated into and under the jurisdiction of the municipal government.

b. Building sewer. The building sewer (sewer lateral) is the pipe which connects a building or house to the collector sewer or sewer main. It is usually four (4) inches in diameter. The building sewer is owned and maintained by the property owner from his/her residence or building to the public right-of-way (street or sewer).

c. Collector sewer. The collector sewer is the pipe which receives wastewater from one or more building sewers. The minimum diameter of new collector sewers is eight (8) inches. Collector sewers generally discharge into sewer mains, but may discharge into interceptor sewers.

d. Eligible refund. That portion of the project cost qualified for reimbursement to the petitioner according to the stipulations in this policy.

e. Extension. Any water main or sewer line segment required to connect a water or sewer service(s) to a large water main or sewer lateral or collection sewer.

f. Interceptor sewer. The interceptor sewer is the pipe which receives wastewater from the sewer mains and collectors and conveys it to the wastewater treatment plant or to another interceptor sewer.

g. Oversized mains. A main extension that, because of future demands or other reasons, is larger than required for servicing the immediate adjacent property. Oversized mains are those greater than 8 inches in diameter. Commercial or Industrial developments will be considered on a case by case basis, based upon demand and availability of service.

h. Pumping station. A pumping station (lift station) is the sewer appurtenance which pumps wastewater from a sewer line of lower elevation to a sewer line of higher elevation.

i. Sewer collection main. A sanitary sewer main with the primary purpose of collecting flow from the customer service line and transporting it to an outfall line.

j. Sewer line. May refer to a collector, main or interceptor sewer.

k. Sewer outfall main. A sanitary sewer main with the primary purpose of receiving flow from the collection mains and transporting it to an interceptor main or pump station for the transmission to a treatment facility.

l. Sewer tap. The connection of a building sewer or service line to a sewer line.

m. Tap/Impact fee. An established fee for connection to an existing water distribution or sewer collection system. The purpose of the fee is to defray, in part, the cost of extending water and/or sewer infrastructure and the related cost of maintaining and expanding treatment capacity to accommodate the demand for service.

n. Water distribution main. A water main, 2 to 8 inches in diameter, with the primary purpose of supplying water to consumers.

o. Water line. May refer to a water line which transmits water to users and connects to the individual water meters.

p. Water transmission main. A water main with a diameter greater than 8 inches, with the primary purpose of transporting water from a point of origin to a point of need.

q. Water tap. The connection of a water service to a water main or water line.

II. GENERAL POLICY

It shall be the policy of the TMVSSD and the MVSD to extend, or to allow others to extend, the water and sewer systems according to the terms and conditions of this policy. Extension of water and sewer infrastructure and service may be accomplished at the Town’s or District’s initiative or, with the Town’s or District’s consent, by allowing others to extend such facilities and services. When other parties are involved in such extensions, the Town and District will be guided by this policy.

1. Extension Within Municipal Limits

It is the policy of the TMVSSD to provide sewer service availability to all in-town water users to the extent funding is available. New customers requesting sewer service must also have water service when it is available from the MVSD. Customers who are already receiving sewer service but do not have water service may be required by the Sanitary Sewer System Administrator to have sewer flow meters and vaults in order to measure usage.

2. Extension of Sewer Service Beyond Municipal Limits

No sewer shall be provided to any property outside of the municipal limits of the Town and no subdivision plat shall be recorded for any property outside the municipal limits for which sewer will be provided except upon compliance with one of the following provisions:

a. If the property is contiguous to the municipal limits of the Town or if it is not contiguous but meets the requirements of a satellite annexation (G.S. 160A-58 through G.S. 160A-58.6), prior to receiving sewer or recording a subdivision plat, the property owners shall irrevocably petition for annexation of said property into the municipal limits of the Town. Subsequent action shall be at the discretion of the Town Board.

b. If the property is not contiguous to the municipal limits of the Town and satellite annexation cannot be accomplished, or it is not approved by the Town Board of Aldermen, the property owners shall enter into a binding written agreement with the Town for the annexation thereof at such future date as said property shall be contiguous to the municipal limits of the Town or meets the requirements of a satellite annexation, and is approved by the Town Board of Aldermen.

Any property petitioning for annexation will be considered “outside” and therefore will pay a fee based on that status. Any property meeting the requirements set forth in Section a or b shall be granted the prevailing “inside“ sewer rate on or after the effective date of that parcel(s) annexation. Exceptions to these stipulations are as follows:

a. Property more than five (5) miles from any municipal limit of the Town or from any boundaries which are deemed for any purpose to be the municipal limits of the Town is not eligible for “inside” rates.

b. Property within another municipality or covered by an annexation agreement with another municipality is not eligible for “inside” rates.

3. Options for Accomplishing Water and Sewer Service Extensions.

The Town and/or District recognize certain options by which to accomplish extensions of water and sewer services. The determination as to which option described below is most appropriate shall be at the sole discretion of the TMVSSD for sewer extensions or the MVSD for water service extensions.

a. Any petitioner having need for the extension of water and/or sewer service shall petition the TMVSSD or the MVSD for such extension(s). The Board of Aldermen and/or District Board of Directors, in response to a request for an extension of service, may elect to address such requests in one of the following ways:

1. Require the petitioner to install the extension to meet all TMVSSD and/or District requirements, at his/her expense, and dedicate the improvements to the Town and/or District for operation and maintenance.

2. Deny the requested utility extension.

b. Any municipality or public water system owner having need of interconnection to the Town and/or District’s system or to other public water or sewer systems shall petition the appropriate entity for such interconnection. Such extensions of infrastructure shall be accomplished without cost to the Town or the District.

c. The Town of Maggie Valley Board of Aldermen or the Maggie Valley Sanitary District Board of Directors may authorize the extension of water or sanitary sewer facilities on its own volition without receipt of a petition from developers or abutting property owners. The Town and/or District may collect tap/impact fees from those who connect to the system. The Boards may at their own discretion make improvements to the District’s water system or the Town’s sewer system in order to remedy inadequacies in the existing system, to address public health issues, or to extend service as it deems appropriate.

4. Petitioner Financed Extensions.

a. The full cost of facilities required within private developments, including all connections, taps, fire hydrants, loops necessary for fire protection and services to all lots within the property, shall be borne by the petitioner. Petitioners requesting service shall also pay the appropriate fees as set forth in this policy.

b. Petitioners will be required to pay the cost of extensions from existing Town or District facilities, except in instances where the Town or District determines that such extensions, in part or in total, are the responsibility of that entity.

c. Installation of water and sewer extensions shall be accomplished by the petitioner with a requirement that all projects will have to be completed by private licensed utility contractor forces that are acceptable to and approved by the Town and/or District, unless special approval is obtained from the appropriate entity.

d. If a proposed extension will connect to an existing line which, in the opinion of the Town and/or District, requires rehabilitation or replacement with larger diameter pipe to provide adequate capacity, the petitioner may be responsible for all or part of the rehabilitation or replacement costs, as determined by the Town and/or District.

e. The Town and/or District may elect to increase the size of certain lines or facilities that are constructed by the petitioner. If the Town and/or District choose to require mains that are larger than those necessary to serve the project and are so located to serve other properties, the Town and/or District may reimburse the petitioner for any additional costs incurred as a result of installing such oversized mains. In such instances, the Town and/or District may elect to contribute to the difference in the cost of the larger line(s) or facilities.

f. Prior to construction, the petitioner shall present evidence of having obtained state approval of the project plans and construction documents.

5. Joint Financing of Water and Sewer Extensions.

The TMVSSD and/or the MVSD may elect to participate in capitalizing water and sewer extensions under the following conditions:

a. Availability of funds. Approval of any extension(s) involving financial participation by the Town and/or District shall always be based on the service provider’s determination that funds are available for such extension(s).

b. Priority economic development projects. The Town and/or District may elect to provide timely water and sewer service for significant economic development projects which would generate substantial new manufacturing or commercial employment and new tax base. Where such investments in water and sewer infrastructure are made, the Town and/or District shall determine that its capital investment can be recovered in five (5) years or less, in the form of taxes and/or fees from users.

c. Endangerment of public health. The Town and/or District may determine that significant public health risks can be eliminated or avoided by its participation.

d. Planned utility improvements. The Town and/or District may determine that certain investments are strategic to the development of its water and sewer program and therefore justify its financial participation.

e. General rule of participation. The Town and/or District’s capital investment must not exceed the petitioner’s investment, and the service provider shall solely determine the appropriate level of its participation for each project.

6. Water and Sewer Fees.

a. Tap/Impact Fees may be collected from those users who connect to the system. The fees shall be calculated to re-coup an appropriate proportion of the cost of the Town and/or District’s capital investment in its water and sewer infrastructure. These fees recover part of the costs of connecting services, including the installation of water meters and sewer cleanouts.

b. Water and Sewer User Fees will be assessed to users on a monthly basis, to compensate the Town and/or District for developing, owning, operating and maintaining the systems, in accordance with an adopted schedule of water and sewer user rates. Refer to the existing Rates, Fees and Charges Schedule.

Each occupant or property owner must make application for service and pay fees as applicable. Each of the above fees shall be adjusted periodically by the Town and/or District to reflect the current cost of providing water and sewer services.

III. GENERAL REQUIREMENTS.

1. Request for Commitment of Service Availability

a. Any applicant desiring new or increased water or sewer service may request a commitment from the appropriate entity (TMVSSD or MVSD) as to the availability of service at a designated location. The request should be made at the Town and a commitment letter or form will be issued from that office.

b. When a commitment is issued, it will be valid for one year after the date of issuance and is not transferable.

2. Application for Extension.

All petitioners desiring to construct water or sewer improvements and to connect to the water and/or sewer system of Town of Maggie Valley or the Maggie Valley Sanitary District for operation and maintenance by the Town and/or the District shall make application in writing to the MVSD regardless of the service being requested.

The application shall specify:

1. The name, address and telephone number of the petitioner(s);

2. The location of the property (including PIN numbers) and geographic alignment for which the connection is desired;

3. The total number of residential units, commercial establishments or industrial facilities to be served with a description of each;

4. The size of the water and sewer services and facilities proposed;

5. The schedule by which the petitioner plans to construct and/or install the extension(s); and evidence that all necessary permits, easements, rights-of-way, encroachments or other approvals necessary have been or will be obtained by the petitioner, at no expense to the Town and/or District;

6. The estimated cost of proposed improvements;

7. The estimated water usage in gallons per day and peak gallons per hour;

8. The number and location of new jobs to be created, if commercial, industrial or institutional development is to be served, by the proposed improvements;

9. The tax value of the property to be developed or benefited in connection with the facilities extension(s) as of the date the initial request is made.

c. The application shall be accompanied by a plat and plans showing the proposed extensions in relation to all properties to be passed or served.

3. Requirements, Conditions and Provisions to be met upon receipt of application.

a. The petitioner shall employ, at his expense, a competent engineer, registered in the State of North Carolina, to prepare plans for the proposed water or sewer extensions or improvements. The applicant is responsible for obtaining a copy of the Record or As-Built Drawing Submittal Check List and providing it to their engineer for completion. The Town and/or District shall make available any master specifications which may be available and/or necessary to prepare the construction documents.

b. Three (3) sets of completed plans and specifications shall be submitted to the Town and/or District for review and approval prior to submittal to other agencies. The plans shall be prepared by a registered professional engineer, with the engineer’s seal affixed thereto, and shall meet the utility requirements of the Town of Maggie Valley and the Maggie Valley Sanitary District, the Division of Health Services of the North Carolina Department of Human Resources and/or the Division of Environmental Management of the North Carolina Department of Natural Resources and Community Development. The engineer shall provide as-built plans and location maps for all lines, valves, hydrants, manholes, pump stations, easements, service locations and any other facilities.

c. Approval of plans and specifications by the Town and/or District does not release the petitioner from obtaining any and all approvals and permits necessary for the construction of said water or sewer facilities.

d. Upon Town and/or District approval, the petitioner shall submit related construction documents to the appropriate State agencies for their approval, with such approval being granted prior to construction.

e. Upon approval of the project by the Town and/or District, it shall issue a commitment form or letter. The petitioner shall have one (1) year from the issuance of this permit to complete the project. Should the project not be completed within this time period, the petitioner may request a permit extension. This request must be made in writing not less than ten (10) days prior to the date of expiration of the permit. Requests for extensions may be granted if the project is deemed to be substantially progressing toward completion.

f. The petitioner shall agree to indemnify and save harmless the Town and/or District from any and all loss, cost, damages, expense and liability (including attorney’s fees) caused by accident or occurrence causing bodily injury or property damage arising from the installation of such utilities by the petitioner or the petitioner’s contractor(s).

4. Construction Requirements.

a. Contractor will be required to obtain a copy of the Construction Specifications that are an attachment to this policy. It should be obtained from the MVSD office on Water Plant Road in Maggie Valley. Graphs, drawings and diagrams will be submitted as required in that attachment.

b. All water and sewer extensions shall be designed and constructed in conformance with the State of North Carolina’s, Town and/or District, requirements and be approved by the Town and/or District’s Engineer or Consulting Engineer, who must verify that adequate water pressure or hydraulic conditions exist or can be attained and that the projected extension would not unduly tax the District’s available water supply and/or Town’s sewage treatment capacity before any facilities may be extended.

c. The minimum distance for any extension of a water main or sanitary sewer line shall be determined by the Town and/or District. In general, the minimum distance shall be across the entire length or width of all properties being developed in order to provide access to adjoining parcels of land, wherever feasible.

d. The minimum size water line shall be six (6) inches for residential areas, except as specified by the Sanitary District. The minimum water line size for all non-residential areas shall be eight (8) inches.

e. The minimum size sewer line shall be eight (8) inches, except as specified by the Town.

f. When the Town and/or District determines that utility lines larger in size than the required minimums established are necessary to serve only the property of the petitioner, the petitioner shall install such larger lines at his/her expense.

g. No tie-ins to the existing systems shall be made until all permits have been secured by the applicant. All provisions of the developer checklist must be satisfied.

h. The petitioner shall secure the services of a professional engineer to design the system in accordance with Town specifications. The Town and/or District shall inspect the water and sewer facilities and appurtenances during and after construction to ensure conformity with approved design drawings. The facilities must be built in accordance with the approved plans and specifications before they may be placed in service. If any part of the system fails inspection, no further building permits will be issued until corrections are made.

i. Mains and lines shall be located within dedicated public rights-of-way, or easements must be provided. When required, the petitioner and/or present and future property owners shall grant to the Town and/or District such utility easements as they may require. The permanent rights-of-way or easement shall be twenty (20) feet in all cases the Town and/or District deems necessary, and all combined temporary construction and permanent easements shall be at least thirty (30) feet in width. Within these boundaries the service provider shall have the right to operate, maintain, inspect, repair and replace such facilities.

j. Meters, expansion wheels, washers and locks meeting Town and/or District specifications and of appropriate size for desired application shall be furnished to the Town and/or District at the expense of the petitioner prior to final inspection of the project.

k. All gravity sewer lines shall be subjected to a low pressure air test to determine the presence of damaged pipe or faulty installation. The test shall be conducted in accordance with the Town of Maggie Valley’s Minimum Gravity Sewer Design Criteria. A copy of these specifications can be obtained from the TMVSSD.

l. Maintenance and location of services within a private development shall be the responsibility of the petitioner until all Town and/or District requirements are met and the deed is duly recorded. The Town and/or District shall make every effort reasonably possible by use of record drawings, inspection documents and locating devices to aid in the location of services.

m. Upon completion of the final inspection of the project, the petitioner shall provide technical literature for any equipment to the Town and/or District. Operation and maintenance manuals will be required for any and all mechanical devices required for the operation of the system. Further, all warranties and guarantees for such equipment shall be transferred or assigned to the Town and/or District.

n. All facility extensions installed under the provisions of this document shall become the sole property of the Town and/or District and under its jurisdiction and control for any and all purposes, at the time such facilities are connected to the Town and/or District system.

5. Post-Construction Requirements.

a. Upon completion of construction, the project engineer shall submit to the Town and/or District certification that the project was completed in accordance with approved plans and specifications.

b. The petitioner shall warranty the accepted facilities to be free of defects in materials and workmanship and to be properly functioning in all respects for a period of one (1) calendar year from the date of acceptance by the Town and/or District. The date of acceptance shall be the date upon which the Town and/or District records the deed transferring ownership to that entity.

c. During the year of warranty, the petitioner shall correct or have corrected any defects that may develop in material, equipment, or workmanship. In the event that the petitioner neglects to correct defects, the Town and/or District shall have the right to declare all or any of the rights of the petitioner under the contract forfeited, and to remove and/or disconnect any connections that might have been made to the water and/or sewer system, or the Town and/or District may elect to make the necessary repairs and institute a lien on the petitioner’s property, both real and personal.

d. As-built drawings shall be provided to the Town and/or District prior to conveyance of the improvements to the Town by the petitioner, in the form of computer files and reproducible drawings.

e. Upon completion of the construction and connection thereof to the Town’s and the District’s water and/or sewer systems, the water lines or sewer lines and any fire hydrants, valves, manholes, sewer lift stations, force mains or other facilities or equipment required in connection therewith shall thereupon and thereafter be the entire and sole property of the Town and/or District and under the sole and exclusive control of the appropriate entity.

This extension policy adopted by the Town of Maggie Valley and adopted by the Maggie Valley Sanitary District, and any additions or subsequent revisions to the policy shall be incorporated by reference into the Water Use Ordinance or Sewer Use Ordinance, depending upon applicability.