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HomeMy WebLinkAboutNC0043532_Regional Office Historical File Pre 2018 (3)Water Infra On 1-ture ENVIRONMENTAL QUALITY July 21, 2M Mrs. Donna Davis, Utilities Director Stanly County 1000 N. First Street, Suite 12 Albemarle, North Carolina 28001 ROY COOPER Governor MICHAEL. S. REGAN Secretary KIM H. COLSON Director Subject: Engineering Report Funding Approval Stanly County West Stanly WWTP and Sanitary Sewer Improvements Project No. CS370834-04 Dear Mrs. Davis: The Division of Water Infrastructure (Division) has completed its review of the subject engineering report. Based upon this review, the Division has determined that the referenced project is eligible for funding as follows: Eligible Improvements to the McCoy's Creek Pump Station, to include a new chemical feed system, rehabilitation of the existing screen equipment, removal of the grit removal system,. and improvements to the wet well to prevent accumulation of grit. Improvements at the West Stanly WWTP, to include a new headworks structure with screening and grit removal, bioreactor modifications to include baffle walls, submersible mixers, mechanical aerators and two internal recycle pumps, a new clarifier splitter box, demolition of two small clarifiers, a new 75-foot clarifier, rehabilitation of the existing 50-foot clarifier, and improvements to the RAS pump station. Non Eli igible Spare parts, service contracts, maintenance contracts, and extended warranties. Based upon detailed review of the bid documents, the Division may determine that portions of the project are not eligible for funding and the total loan amount may be reduced. In accordance with G.S. 120-157.1 through 157.9, local government units with projects that require debt to be issued greater than $1,000,000 must submit a letter to Committee Chairs, Committee Assistant, and the Fiscal Research Division of the General Assembly at least 45 days Nothing Compares:�-� State of North Carolina I Environmental Quality I Water Infrastructure 512 N. Salisbury Street, Raleigh, North Carolina 27604 1 1633 Mail Service Center, Raleigh, North Carolina 27699-1633 919 707 9160 Mrs. Donna Davis, Utilities Director July 21, 2017 Page 2 of 2 prior to presentation before the Local Government Commission. You are responsible for submitting this letter and providing a copy to the Division. Projects funded through the CWSRF program must comply with the federal Brooks Act for the selection of architectural, surveying and engineering services. CWSRF projects cannot be exempted from qualification -based selection of these services.under N.C.G.S. 143=64.32. Submit the Professional Engineering Services Procurement. form (from our website) to document compliance for any services to be reimbursed. Any services provided that are not selected in compliance with federal requirements are ineligible for reimbursement. Please note that funding is contingent on meeting the schedule provided in your Letter of Intent to Fund, or approved extension, as tabulated, below: Milestone Date Submit Bid and Desi2 Package January 31, 2018 Obtain approval of Bid and Design Package: April 30, 2018. Advertise Project, Receive Bids, Submit Bid Information, and Receive Authority To Award June 29, 2018 Execute Construction Contract(s) I July 31, 2018 If you have any questions, please contact Anita E. Reed, PE at anita.reed@ncdenr.gov or (919) 707-9174. Sincere 1 Seth Robertson, PE, Chief .State Revolving, Fund Section Attachments: Categorical Exclusion cc: Stephen Chambers, P.E., Chambers Engineering, 129 North First Street,. Albemarle, NC 28001 Corey Basinger, Supervisor, Wes Bell, Dee Browder, Mooresville Regional Office (via email) Mark Hubbard, PE (via email) Anita E. Reed, PE Susan Kubacki (via email) William H. (Bill) Bland, Jr., P.E., (via email) SRF File (EREMERAL) Wut'er lnfruslrudure EN41ROHMENTA: OUAOTV October 4, 2017 CERTIFIED MAIL , RETURN .RECEIPT REQUESTED Andy Lucas, County Manager County of Stanly 1000 N First Street, Suite 10 Albemarle, NC 28001 ROY COOPER i�i3prSPfiCaF"' MICHAEL S. REGAN se'w"'a KIM 11. COLSON Dhvf Su SUBJECT: Offer and Acceptance for a State Loan Project No. CS370834-04 West Stanly WWTP and Sanitary Sewer Improvements Dear Mr, Lucas: The County of Stanly has been approved for loan assistance from the Clean Water State Revolving Fund. Enclosed are two (2) copies of an Offer -and -Acceptance Document extending a State Revolving Loan in the amount of $3,058,300. This offer is made subject to the assurances and conditions set forth in the Offer -and -Acceptance Document. Please submit the following items to the Division of Water Infrastructure, 1633 Mail Service Center, Raleigh, North Carolina 27699-1633. A resolution adopted by the governing body accepting the loan offer and making the applicable assurances contained therein. (Sample copy attached) 2. One (1) copy of the original Offer -and -Acceptance Document executed by the Authorized Representative for "the project, along with the signed "Standard Conditions for the Federal SRF loans". Retain the other copy for your files. Federal, Identification Number and DUNS Number of the Recipient (Memo attached) 4. Sales -Tax Certification (attached) Please note that if a Fiscal Sustainability Plan is applicable to this project, the certification is not due until the final reimbursement request. The Site Certification, a Capital Project Ordinance (or budget ordinance covering the project), and the Professional Engineering Services Procurement Form are due before disbursements will begin. Please see the attached Guidance Document for a complete list of items due no later than the project's first disbursement. -:' - Nothing Compares:."-, State of North Carolima I Environmental Quality I Water Infrastructure 1633 Slail Service Center, Raleigh, North Carolina 276991 Location 512 N. Salisbury Street, Raleigh, North Carolina 2760a 919 707 9160 T F Page 2 of 2 Reimbursement requests (see printed form attached to this letter) should be sent to Pam Haven at the address noted. On..behalf of the Department of Environmental Quality, I am pleased to snake this offer of .State Revolving Loan funds, made available by North Carolina Water Infrastructure Fund and the Federal Clean Water Act Amendments of 1987. Sincerely, Kim H. Colson, P.E., Director Division of Water Infrastructure, NCDEQ Enclosures: Resolution to Accept Loan Offer (suggested format) Loan Offer and Acceptance Document (two copies) Federal ID and DUNS Number Request Form Sales -Tax Certification Form Fiscal Sustainability Plan Certification Guidance Document Reimbursement Request Form Site Certification Capital. Project Ordinance Sample Professional Engineering Services Procurement Form cc: Granseur Dick, Chambers Engineering Dee Browder SRF (COM_LOX) M'- "Nothing Compares.'_'-.,_ State or North Carolina I Environmental Quality I Water Infrastructure 1633 Mail Service Center, Raleigh, North Carolina 276991 Location St2 N. Salisbury Street. Raleigh, Non, Carolina 27604 919 707 9160 T ROY COOPER MICHAEL,S. REGAN Water infrastructure secretary" C-NVIRONMENTAL QUALITY KIM H. CO3L.4$'0N Uiectv June 28, 2018 Ms. Donna Davis, Utilities Director Stanly County 1000 N. First Street, Suite 12 Albemarle, North Carolina 28001 Subject: Funding Deadline Extension Starily County West Stanly WWTP and Sanitary Sewer Improvements Project No. CS370834-04 Dear Ms. Davis: The Division has received your request for an extension to the project milestone deadlines. Based upon our review of your request, we have modified the project milestone deadlines as follows: Milestone Old Deadline New Deadline Engineering Report Submittal October 1., 2015 October 1, 2015 Engineering Report Approval February 1, 2017 February 1, - 2017 Bid and Design Package Submittal June 1, 2018 August 1, 2018' Bid and Design Package Approval September 5, 201.8 December 14, 2018 Advertise Project, Receive Bids, Submit Bid Information, and Receive Authority to Award December 5, 2018 March 15, 2019 Execute Construction Contract(s) I February 1, 2019 1 April 15, 2019 All other funding requirements remain unchanged. Ms. Donna Davis, Utilities Director June 28, 2018. Page 2of2 If you have any questions, please contact Ken Pohlig, PE at ken.pohlig@ncdenr.gov or (919) 707-9170. Sincerely, Seth Robertson, PE, Chief State Revolving Fund Section. cc: Jimmy Holland, PE, WK Dickson, Charlotte, NC Mark Hubbard, PE (via email) Anita E. Reed, PE Ken Pohlig, PE (via email) SRF File (COM/FDE) ROY COOPER Governor MICHAEL S. REGAN Secretary. Kim H. Colson DI'mclor NORTH CAROLINA Environmental Quality October 25, W18 Mrs. Donna Davis, Utilities Director County of Stanly 1000 N. First Street, Suite 12 Albemarle, North Carolina 28001 Subject: Requestfor AdditionalInforrnation County of Stanly West Staifly WyVTP and Sanitary Sewer Improvements Project No. CS370834-04 Dear Mrs. Davis: The Division of Water Infrastructure (Division) and the Division of Water Resources/NPDES Unit have completed their joint review of the plans and specifications. Based upon this review, the Division is transmitting these comments directly to your engineer for resolution, and a copy is attached for your reference. Our goal is to approve the plans and specifications as soon as possible. Please provide a response within 30 days of this letter. Projects not meeting required funding deadlines may lose assurance of funding through the State Revolving Fund program. I Upon receipt of satisfactory responses from your engineer to our comments we will complete our review. If you have any questions concerning this matter, please contact William H. (Bill) Bland, Jr., P.E. at bill.bland@ncdenr.gQv or (919) 707-91.83. Or contact Bing Bai (NPDES Unit) at bing.bai@ncdenr.-g-ov or (919) 807 -6389 Sincerely, Anita E. Robertson, P.E., Supervisor Wastewater Projects Unit Attachment cc: William B. Keaton, P.E., W. K. Dickson & Company, Inc., 616 Colonnade Drive, Charlotte, NC 28205 Bing ffiti,.Division of Water Resources, NPDES Unit Anita E. Robertson, P.E. William H. (Bill) Bland, Jr., P.E. (via email) SRF (BD/PSIL) North Carolina Department of Environmental Quality i Division of Water Infrastructure 512 N. Salisbury Street t [633 Mall service renter I Raleigh, North Carolina'27699-1613 919307,9160 County of Stanly West Stanly WWTP and Sanitary Sewer Improvements Project No. CS370834-04 Page I of 7 Request for Additional Information A. General Review 1. Projects not approved by December 14, 2018 may lose assurance of funding and may need to reapply for funding under the current competitive priority system. G.S. 133-3 Certification must be completed and sent to us. This document can be downloaded from our weblink: n ht.t.L)://portal.nedenr.or&L�i,ob/�vi//d6sip -and-bid B. Authorization -to -Construct (ATC) Application 3. After answering these questions, please re -submit the ATC .Application with changes in the appropriate pages. (a) Page 6 of the ATC Application states that peak hour flow for past 24 months is 5.82 MGD. We assume this is from actual hourly flowmeter measurements. Please document this with actual historical data or calculations. (b) On Page 8, the Mechanical Bar Screen and Grit Removal Units are sized at 0.9 MGD peak hour flow, which is in error, and should be 6.0 MGD according to the Specifications. 4. Please note that the ATC cannot be issued until documentation is provided regarding the establishment of the Property Line Waiver from the adjacent property owner (Setbacks on Page 11). And likewise, the approval of plans and specifications for SRF Funding cannot be issued until the ATC is issued. C. Review of Calculations 5. Regarding the Design Calculations of peaking factors and peak hour flow: (a) Pagel of the Design Calculations has a Peaking Factor of 4.9894. Please clarify that this peaking factor is defined as the ratio of Max Daily Flow to Annual average, or QDailyMax/QAnnu.1 Aveage. We note that this is not the normally -defined peaking factor as defined as the ratio of Peak Hourly flow to Monthly average flow. (b) We note that a peaking factor of 2.5 is being used for the calculation of peak hour flow: 0.9 TMGD x 2.5 = 2,25 MGD = design peak hour flow. Historical daily flows from 201.2 to present indicate that this 2,5 peaking factor is too small (see Appendix, A). There have been numerous daily flows in the 2.0 to almost 2.5 MGD range). Since the max daily (average) flow is almost 2.5 MGD, the peak hourly flow must be higher than this by a factor equal to a typical diurnal (24-hour) curve peaking factor. 24--liour diurnal curves normally have ratios of peak hour to 24-bour flow County of Stanly West Stanly WWTP and Sanitary Sewer improvements Project No. CS370834-04 Page 2 of 7 in the 1.2 to 1.5 range, or higher. Using an average diurnal curve peaking factor of about 1.4, this gives a peak hour flow of: Max Daily flow x 1.4 = Peak Hour Flow 2.5 MGD x 1.4 = 3.5 MGD This peak hour flow of 3.5 MGD (2,430 gpm) is thus the approximated hourly flow that the WWTP has currently seen, based on previous actual max daily flow events and an assumption regarding diurnal curve patterns. Using this 3.5 MGD peak hourly flow: Peak. hour flow / Monthly average flow = 3.5 MGD / 0.9 MGD = 39 peaking factor We recommend that a peaking factor of approximately 3.9 be used. 6. The hydraulic profile calculations should be updated to include the hydraulic water level in the major process units for (i) design flow of 0.9 MGD, (ii) peak hour flow with both trains in service, and (iii) peak hour flow with one train out of service. 7. We note that a design flow of 1.5 MGD is used in the Clarifier calculations, but there is no explanation for this. The current NPDES Permit flow is 0.9 MGD, and we know that an NPDES permit request for 1.2 MGD is currently being evaluated. Please explain. 8. Explain hoW w the WTP ORC will adjust the weir gates at the existing clarifier splitter box to acquire the correct flow split between Clarifier 41 and 42 which are not equally sized? What is the appropriate flow split? 9. Provide aeration basin process calculations showing the total amount of air needed in the aeration process, and how much mixing energy is required. We note the following (a) We have received clean water oxygen test data for the Aire-02 Model Triton TR 10 Aerator/Mixer. But it is not clear that four of these units is sufficient to provide the oxygen BOD demands and the energy mixing demands. (b) The Specifications (Section 46 41 26) stipulate an oxygen output of more than 29 lbs. 02/hour per unit [8 (eight) units]. Provide the calculations (and any assumptions) which show how this requirement was determined, and that this amount of oxygen will handle the BODs load at the design flow of 0.9 MGD. (c) Are there other manufacturers (other than Aeration Industries) that can compete competitively with the Section 46 4126 specifications? Do these specifications need to be adjusted to allow more competition in the .base Bid? 10. Regarding the Chlorine Contact Chamber; (a) Provide more detailed dimensions of the Chlorine Contact Chamber. We measure the channel width to be about 3.0 feet, nor 3.83 feet as described on page 4 of the Design Calculations. County of Stanly West Stanly WWTP and Sanitary Sewer Improvements Project No. CS370834-04 Page 3 of 7 (b) Please re -do the contact time calculations at peak hourly flow to document if 15 minutes can be achieved, which is a requirement according to the Minimum Design Criteria for ATCs. 11. Regarding the proposed RAS pump calculations and specifications: (a) Provide an example manufacturer pump specifications and pump curves -that meets both RAS pump specifications. (b) Page 3 of Design Calculations: The elevation of the RAS pump appears to be incorrect. Please correct and adjust calculations as needed. 12. Explain how sludge is wasted to;either the proposed Gravity Thickener or the Aerobic Digester. 'How is this waste sludge controlled? Can the flow be measured on a daily totalizing basis? Provide calculations as needed. 13. Please provide buoyancy calculations for the Clarifier and RAS Pump Station structures. D. Review of Plans 14. Provide all necessary structural and electrical plan sheets. 15. Sheet C1 Existing Conditions and Demolition (a) Note-#1 under Construction Sequence should direct the Contractor to obtain all applicable local/county permits prior to construction commencement. State and other agency permits are being obtained currently. (b) Please add into the Construction Sequence Notes the steps needed for the McCoy Creek Pump Station work. 16. Sheet C2 Site Plan (a) This sheet shows a proposed 18-inch x 10-inch MJ reducer at the fence where the 12-inch demolition stops. Please correct to a (we assume) 18-inch to 12-inch reducer. (b) The Sheet shows the demolition of a 16-inch force main at a point slightly past the where a proposed 16-inch x 16-inch x 16-inch tee would be installed. Should this be a 90-degree bend and not a tee? (c) We recommend adding Clean Outs to the two (2) 45-degree bends in the new 4-inch service drainpipe coming from the lab Building. (d) Specify the invertt elevation of the new 16-inch Clarifier effluent pipe feeding into the existing manhole (just prior to the Chlorine Contact Chamber. (c) Please clarify andIabel how the 8-inch. RAS pipe connects to the existing Aerobic Digester. 17. Sheet C4 Process Flow Diagram The RAS Pump Station is drawn as a dashed box but should be drawn as a proposed box. Please correct. County of Stanly West Stanly WWTP and Sanitary Sewer improvements Project No. CS370834-04 Page 4 of 7 18. Sheet C5 Hydraulic Profile (a) The proposed headworks should include details of the proposed channel before and after the bar screen/grit removal system and flow splitter box, (b) The hydraulic profile should be updated to include the hydraulic water level in the major process units for (i) design flow of 0.9 MGD, (ii) peak hour flow with both trains in service, and (iii) peak hour :flow with one train out of service. (c) Please add the floor elevation of the Existing Aeration Basins. (d) Add the top of wall elevation of the Chlorine Contact Chamber. (e) Add the bottom elevation of the Chlorine Contact Chamber, 19. Sheet C6 Headworks (a) Directly after the proposed magnetic flowmeter, there appears to be a transition from an 18-inch to 24-inch, but it is not labeled, and it is unclear where it is. Please include pipe transition details and a 90-degree bend. (b) Add the chemical feed pipe to the Aeration Splitter Box, where we understand it will terminate. 20. Sheets C7 — C8 Headworks Sections (a) Provide subsurface foundation details. (b) There is a missing reference to the A -A section view on the Aeration Splitter Box. 21. Sheet C8 Headworks — Combi Unit There are references to Sheet numbers with the numbers missing. Add the Sheet numbers. 22. Sheet: C13 Existing Aeration Basin _ On the upper -right hand corner, there is a sheet .reference missing. 23. Sheet C17 Clarifier #2 — Section View (a) Provide subsurface foundation details. (b) The finish grade elevation varies from about 353' to 364' MSL around Clarifier #2, according to Sheet C3. Therefore, it appears that a railing will be required on the periphery of the clarifier rim which is within about 4 — 5 feet of ground elevation. 24. Sheet C18 RAS Pump Station (a) We recommend that the concrete slab have a sump area with a drain pipe connected to the Plant Drain. This will be useful when doing pump repairs, etc. (b) Post the top elevation and thickness of the concrete slab in Section A -A. 25. Sheet C20 Chlorine Contact Structure We recommend installing weir gates at the end of both dual -trains, to maintain a fairly constant water level in the Chlorine Contact Chambers. These weir gates should be able to be closed to shut off flow. County of Stanly West Stanly WWTP and Sanitary Sewer Improvements Project No. CS370834-04 Page 5 of 7 As currently designed, it appears that when one of the Chlorine Contact dual trains is closed, water from the active train will back-up into the exit side of the closed -off train, as the invert elevation of the exiting 18-inch pipe is about 4+ feet below the water level in the active train. 26. Sheet C22 Gravity Thickener (a) Document how the decant water will be removed from the proposed Gravity Thickener. We assume this will be done manually, as there appears to be no designed mechanism for this. (b) Will the 8-inch valve at the bottom of Section A remain functional? If so, what is this used for? (c) Explain the purpose of the 3-way valve, and where these pipes from the 3-way valve lead to. (d) Explain how sludge is wasted to the Gravity Thickener/Aerobic Digester. What pumps or valves controls the flow? (e) Can sludge be wasted to either the proposed Gravity Thickener or the Aerobic Digester? (f) Is the WAS flow to the Gravity Thickener/Aerobic Digester metered by a totalizing flowmeter? 27. Sheet C23 McCoys Creek Pump Station It is our understanding that this project includes internal piping/valuing additions to the pump station Pump #4 according to the "Pump Station Interconnection" line diagram. Please add plan and section views of the actual pump station to include the proposed piping changes. E. Review of Specifications 28. Include SRF Project No. CS370834-04 on the cover of the Specifications. 29. Invitation to Bid On page 1 is a brief description of the project. This description should be expanded to include modifications to the chlorine contact structure and modifications to the gravity thickener, and modifications to McCoy Creek Pump Station piping and valving. 30. Bid Form (a) It appears that Alternate Bid Items #1 and #2 refer to the Headworks Treatment system (#1) and the Bioreactor Modifications (#2), although they are not.specifically stated. Please state specifically what each Alternate Bid Item is for. (b) There are three manufacturers listed in the Alternate Box for Headworks Treatment system (ISCO, VOoDyne, and Huber). Are these the potential Base Bid manufacturers? If. the Huber system is to be listed as the preferred Alternate manufacturer, then only Huber would be listed in the Alternate box, and the .other manufacturers would be listed in the Base Bid, or in the Specifications. County of Stanly West Stanly NkV'f'fl and Sanitary Sewer Improvements Project No. CS370834-04 Page 6 of 7 31. 'I'lie Division of Water Infrastructure's MBEIWBE Compliance Supplement has been updated. The current document in the Specifications should be replaced with the following document which can be downloaded from our Division's website: MBE/WBE Compliance Supptement Updated 3/20/2018 The above document can be downloaded from the weblink: 32. The State of North Carolina Identification of Minority Business Participation, Affidavits A, B, C, and D forms are not required by the Division of Water Infrastructure for SRF funding and may be removed if desired. 33, The Section entitled "Guidelines for Recruitment and Selection of Minority Business for State Funded Projects Administered through the Construction Grants and Loans Section" is old and should be removed from the Specifications. 34. Missing from the Specifications are the Davis -Bacon Specifications and the Davis -Bacon Wage Determination Schedule. Include these in revised Specifications. These files can be downloaded from our weblink: httT.)://i)ortal.ncdc.-nr.org/web/,vi//desien-wid-bid The Davis -Bacon Specifications document: Davis -Bacon Specifications The Davis -'Bacon Wavo.D(Acrm]natJoTi COT!. kit; thy, )ept. of LaiX",-Cs 2fl)t, of Labor's.,Ojebsite 35. Revise Section 46 4126 to include mixing and aeration specifications for the Floating Mixer and Aeration System. COUTILy of SLanly West SLanly WWTP and Sanitary Sewer Improvements Project No. CS370834-04 Page 7 of 7 Attachment A DMR Daily Flow Data, and calculated Monthly Averages Daily Flow data downloaded from the Division of Water Resources BFMS database Waterlnfrustruccture eNvIRONMENTA6 QUALITY June 28, 2018 Ms. Donna Davis, Utilities Director Stanly County 1000 N. First Street, Suite 12 Albemarle, North Carolina 2800.1 ROY C0.0PER .Governor MICHAEL S. REGAN Secretary KIM H. CQLSON Director Subject: Funding Deadline Extension Stanly County West Stanly WWTP and Sanitary Sewer Improvements Project No. CS3.70834-04 Dear Ms. Davis: The Division has received your request for an extension to the project milestone deadlines. Based upon our review of your request, we have modified the project milestone deadlines as follows: Milestone Old Deadline New Deadline Engineering Report Submittal October i, 20.1.5 October 1, 20 5 Engineering Report Approval February 1, 2017 February 1, 2017 Bid and Design Package Submittal June 1, 2018 August 1, 2018 Bid and Design Package Approval September 5, 2018 December 14, 2018 Advertise Project, Receive Bids, Submit Bid Information, and Receive Authority to Award December 5, 2018 March 15, 2019 Execute Construction Contract(s) February 1, 2019 1 Aril 15, 2019 All other funding requirements remain unchanged. Ms. Donna Davis, Utilities Director June 28, 20.1.8 Page 2 of 2 If you have any questions, please contact Ken Pohlig, PE at ken.pohlig@ncdenr.gov or (919) 707-9170. Sincerely, Seth Robertson, PE, Chief State Revolving Fund Section cc: Jimmy Holland, PE, WK Dickson, Charlotte, NC Mark Hubbard, PE (via email) Anita E. Reed, PE Ken Pohlig, PE (via email) SRF File (CONff )E) NORTH CAROLINA STANLY COUNTY SEWER USE AGREEMENT THIS SEWER USE AGREEMENT (hereinafter referred to as "Agreement"), made this the 161h day of May, 2014 by and between Town of Oakboro, a municipal corporation of the State of North Carolina, (hereinafter referred to as "Town"), and Stanly County, North Carolina, a political subdivision of the State of North Carolina, (hereinafter referred to as "County"), WHEREAS; the County owns and operates a Wastewater Treatment Plant located on Barbees Grove Road, Oakboro, North Carolina (hereinafter referred to as "WWTP") for the treatment of sanitary sewage. WHEREAS, the Town desires to discharge sewage to the County for treatment at said WWTP and the County agrees to provide such services. NOW, THEREFORE, in consideration of mutual obligations of the parties herein expressed, the County and Town do agree as follows: 1. Term. This Agreement and all of its terms, conditions and provisions shall become effective on May 16, 2014 and shall continue in full force and effect and be binding upon the respective parties, their successors and assigns for a period of -twenty (20) years. 2. Termination. a. The Town may, upon twelve (12) months written notice to County, terminate this Agreement. b. The County may, upon twelve (12) months written notice to Town, terminate this Agreement. c. Either party may cancel this Agreement should the other party be in breach of the Agreement if, after a sufficient period of time has passed and the breaching party has been notified of such breach, the breach has not been cured by the breaching party. 3. Events Voiding Agreement. This Agreement shall become null and void and of no effect upon the occurrence of any of the following: a. In the event the County ceases to maintain and operate said WWTP; or Page 1 of 8 b. In the event any valid past or future rules, regulations, and laws applicable hereto and/or to be promulgated by the federal government or the State of North Carolina make the performance of this Agreement a violation of any of said rules, regulations, or laws. 4. Compliance with Applicable Laws. Each party shall, in the performance of its rights and obligations under this Agreement, comply with all applicable laws, ordinances, rules, and regulations, which have been or may be promulgated by the federal, state, and/or local governments. Nothing in this Agreement shall be construed as requiring either party to perform its obligations hereunder, where such performance would constitute a violation of any applicable law, ordinance, rule, or regulation. Town shall be subject to all current and future requirements of any state and federal agencies, which provide grant funds to the County. 5. Sewer Use Ordinance. Prior to implementation of this Agreement, the Town shall adopt, maintain, and enforce a Sewer Use Ordinance, which is in full compliance with this Agreement and is at least as stringent as the County's current Sewer Use Ordinance, which is attached hereto as "Attachment A" and is incorporated herein by reference. Said Town Sewer Use Ordinance shall contain, among other things, a provision ensuring that new sewers and connections to its sewer system are properly designed and constructed; a provision prohibiting any use or users, including but not limited to individuals, companies, and local governments, from outside its corporate limits to discharge sewage into its sewer system without the prior written approval of the County; and a. provision prohibiting the discharge,, disposal or dumping of any septage (residential or non-residential), including but not limited to material pumped out of a septage tank or onsite sewage facility, wastewater from commercial/industrial development, grease interceptor as well as other sources such as portable toilet, recreational vehicle (RV), and boat wastes or any other material or waste of any kind, into a manhole or any part of its sewer system that is connected to the County sewer system. However, during the Town's annual July 4`h celebration, Town may coordinate with County's utilities staff to arrange for the dumping of Town's portable toilet domestic waste into a designated manhole located within the Town. Throughout the term of this Agreement, if and when the County amends and/or replaces its Sewer Use Ordinance, the Town agrees to amend and/or replace its Sewer Use Ordinance in order to ensure that the Town Sewer Use Ordinance remains at least as stringent as the County's Sewer Use Ordinance. Said Town Sewer Use Ordinance amendment/replacement shall occur no later than thirty (30) days after said County Sewer Use Ordinance amendment/replacement. Page 2 of 8 r 6. Discharge Limitations. a. The parties recognize that there is limited capacity in the WWTP and, therefore, agree that the Town's right to discharge into the WWTP shall be subject to the following limitations: 1) The Town's maximum flow rate to the WWTP shall not exceed 265,000 gallons per day, unless suitable arrangements have been made by the Town to ensure additional capacity is available in these conveyance facilities from the County. 2) Any new connections to the WWTP shall be prohibited unless sufficient capacity for flow, Biochemical Oxygen Demand (hereinafter referred to as "BOD") and Total Suspended Solids (hereinafter referred to as "TSS") is available in all downstream conveyance and treatment facilities, as determined by the County. 3) Any private industrial user of the Town's sewer system will be covered by a separate pre-treatment industrial agreement by and between said private industrial user and the Town. Said pre-treatment agreement shall be in accordance with the rules and regulations approved by the County and the North Carolina Department of Environment and Natural Resources. 4) The Town is responsible for obtaining or securing a "letter of capacity" for any sewer line extensions within the Town and must be accompanied with a "Flow Tracking/Acceptance for Sewer Extension Permit Applications Form (FTSE- 10/07)" or whatever form is in use at the time of application. Sewer treatment capacity will be negotiated and provided as needed. 7. Operations. a. Both parties will at all times use reasonable and diligent care to keep their sewer systems and water pollution control facilities in good operating condition. b. All records and accounts relating to the matters covered by this Agreement and the applicable sewer ordinances shall be made available for inspection by either party at any reasonable time. Additionally, Town agrees to provide its (Ground Water or Supplemental) Monthly Operating Re RI to County on a monthly basis. Said reports shall be provided on or before the 1 Ot' of each calendar month and shall contain data for the month preceding the date of production. c. Both parties will cooperate with each other in the enforcement of their sewer related ordinances. Page 3 of 8 . e. d. Neither party shall be liable to the other for damages in case of an operational or system failure not due to its negligence or which is caused by an event beyond its control. 8. Charges and Payments. a. The County will bill the Town each month for sewer treatment based on the following formulas: Oakboro Sewer Flow Including Infiltration and Inflow = WWTP Flow From Discharge Monitoring Report — Locust Sewer Flow Reading - Stanfield Sewer Flow Reading - Stanly County Sewer Flow Readings Oakboro Sewer Use = Total Sewer Gallons Billed by the Town's Collection System + Total Sewer Gallons Not Billed by the Town's Collection System Calculated Infiltration and Inflow = Oakboro Sewer Flow Including Infiltration and Inflow - Oakboro Sewer Use Fiscal Year' 2014-2015 Through Fiscal Year 2018-2019: Calculated Infiltration and Inflow x 10% + Oakboro Sewer Use = Number of Gallons to be Billed to Oakboro at the Then -Current County Sewer Rate Formula to Be Used For 48,500,001 or More Gallons of Annual Calculated Infiltration and Inflow: Calculated Infiltration and Inflow x 100% + Oakboro Sewer Use = Number of Gallons to be Billed to Oakboro at the Then -Current County Sewer Rate • Fiscal Year 2019-2020 Through Fiscal Year 2033-2034: Formula to Be Used For Up To 48,500,000 Gallons of Annual Calculated Infiltration and Inflow: Calculated Infiltration and Inflow x 20% + Oakboro Sewer Use = Number of Gallons to be Billed to Oakboro at the Then -Current County Sewer Rate Formula to Be Used For 48,500,001 or More Gallons of Annual Calculated Infiltration and Inflow: Calculated Infiltration and Inflow x 100% + Oakboro Sewer Use = Number of Gallons to be Billed to Oakboro at the Then -Current County Sewer Rate In all instances, "Fiscal Year" will be defined as July l through June 30. In all instances, "Annual Calculated Infiltration and Inflow" will be defined as the cumulative monthly totals of Calculated Infiltration and Inflow for the then -current Fiscal Year. Page 4 of 8 .p NO. b. Bills shall be rendered monthly by Stanly County Utilities (hereinafter referred to as "SCU") to Town for sewer treatment services, and Town shall make payment of all bills rendered to it by County within a period of thirty (30) days after the receipt of the respective bills. Town agrees to pay in accordance.with the then -existing schedule of rates and fees as may be determined from time to time by the County for its customers. c. The effective date for rate adjustments under the terms of this Agreement shall become = effective as approved and adopted by the Stanly County Board of Commissioners. d. In the event of failure of such measuring devices for the purpose of determining sewer flow or water use pursuant to this Agreement, it will be assumed that, during the period the measuring devices are inoperative, the number of gallons to be billed to Town will be the average daily volume over the immediately preceding three (3) months. 9. Utilization of the Town's Collection System. The parties acknowledge that the Town's sewer collection system may serve to link or connect two (2) or more sewer collection systems owned by the County. For and during the term of this Agreement, with any necessary State of North Carolina approval, County shall have the right to utilize portions of the Town's sewer collection system, at cost, for the "flow through" of sewer"from County customers. County may, at its own expense, add or accept through donation such extensions or additions (of wastewater pump . stations, interceptors, trunk lines, or laterals) to its existing sewer collection systems as County deems appropriate. The costs of any such extensions or additions shall be borne by County, including but not limited to any costs associated with any alterations or additions to the Town's sewer collection system and the cost of any metering systems required to measure the flow of sewer from County. Prior to the connection of any such extensions or additions, County will obtain the Town's consent as to any connections to the Town's sewer collection system. Said consent shall not be unreasonably withheld. 10. Utilization of the Town's 100,000 Gallon Existing Equalization -Basin, 500,000 Gallon Storage Tank, and Associated Easements. The County may require the Town to use the Town's existing 100,000 gallon equalization basin (located at the end of Third Street as shown in Attachment B — "Gold St To Equalization Basin - Map 10 - Oakboro NC," which is attached hereto and incorporated by reference herein; hereinafter referred to as "Basin") at no cost to the County as a sewer flow equalization facility based on the sewer flow needs and demands of the County's sewer treatment and collection systems. The County shall determine, in its sole discretion, if and when the use of the Basin is necessary, and upon request by the County, the Town shall immediately initiate use of said Basin for as long as required by the County. Page 5 of 8 hr, The Town will maintain ownership and responsibility for any and all maintenance, operations, and repairs associated with the Basin. The County may use the Town's .existing 500,000 gallon storage tank (located off South Main Street - please see Attachment C — Survey by Dent H. Turner for the Town of Oakboro, which is attached hereto and incorporated by reference herein; hereinafter referred to as "Tank") at no cost to the County as a sewer flow equalization facility based on the sewer flow needs and demands of the County's sewer treatment and collection systems. The County shall determine, in its sole discretion, if and when the use of the Tank is necessary, and upon notification by the County, the Town shall immediately allow said use by the County. The County shall also have the right to use the Town's easements associated with the Tank as necessary as determined by the County in its sole discretion. The Town will maintain ownership and.responsibility for all maintenance and repairs associated with the Tank structure. If necessary, the County may, at its own expense, construct and install all necessary infrastructure and equipment required to connect the Tank to the Town's collection system in order to convey the sewer flow to the WWTP. During the time period(s) in which the County uses the Tank, the County will be responsible for all operational expenses associated with operating the Tank as an equalization facility (i.e., electricity, parts, equipment repairs, etc.). Should either the Basin or Tank be destroyed, damaged, unavailable, and/or inoperable at any time, the parties shall renegotiate Section 8., Subsection a. of this Agreement in good faith. Should the parties fail to reach an agreement as to the revised terms of Section 8., Subsection a. within 60 days of the Basin or Tank being destroyed, damaged, unavailable, and/or inoperable, then this Agreement shall immediately terminate. Oakboro agrees to notify the County immediately in the event that either the Basin or Tank is destroyed, damaged, unavailable, and/or inoperable. 11. Remedies. a. At any time the Town defaults in making payments due at a specific time, an interest rate or late fee shall be added to the payments. b. The County shall apply its sewer rate and Sewer Use Ordinance at the points of discharge from the Town into the County sewer system and, in addition to its contract and legal remedies, shall have the right to refuse to accept or treat sewage in violation of its ordinances. c. In addition to the remedies specifically provided in this Agreement, the parties may pursue any other remedies as allowed by applicable law: Page 6 of 8 4r JN t2Z�, Inf-141r, 44 ad Iht ow; Parties will corittnue to all'applicable', �,qgeneko"-, 4,4g mp"t pera, e�--wilh nt loo mina e-,,jo. "oxlAing,,,-in th�irkre pe -,WM �yqtgrns.� t ra, ion., t:ltAlkfe&iAe ,N6 n" Asslkn,W m, rid, poy,i4iom ofthi�OgNemwetlf, shall` be As§ .'tg" wi T r - 0Aft&frd-d,.& d'e'le"gat'e'dw't*t,'�'ho"ut!ffie; prior written consent of Counfy This Agteernent 19 wade %Y= the bthattofthe. "paftie s-,;,md,i&intended ,to ben third party or be etforcea4lo,by"A,qthird p-,aa"y.N6thing .n Agreement; ,.' 6r implied,is Intendedto or shall conferaoy'sights beodit�, or,rpmedtes-upot anyperson, , ,P corOfA ohgovemment,,,or entity other than; the , 15, , 5 : Enfi:M A The, T-,bwn and the "County 4grpe that d pomok'. canstttutes 'theenttfe aoeeMefit, bet,w,,d,0,v .they two P"Y" %�i s, a'ndmay.,.onl,*; �bey m d',� b u a! 4 signed by the parties.. I- �p Y, amritico. m here Q ktave .cactsed this ,,se*d',Uf A' -r,66h&rit,- to be als and; their respective seals tia beherotinto., affixed on - Is instrument is ew*41duplicate:.. TOWN OFOAKBORO, 1 APPROVED ASTQ FditM ANL9 ;LEGAL SUFFICIENCY; ii ii w„ N 0 �MOR -W TM N$TktWM RAS WN PRE -"ftW* UMAAAft AEOVAED BY THE ........... NOR TiY X'' AN BOARD OF' OUNTT dw ATTACHMENT A 4* SEWER USE ORDINANCE 25 POLICIES, RULES, REGULATIONS AND RATES STANLY COUNTY, NORTH CAROLINA An Ordinance regulating the use of public sewers and drains, the installation and connection of building sewers. and the discharge of waters and wastes into the Public Sewerage Systems of Stanly County. The general purpose of this Ordinance, prepared to be enforcedby the Board of Commissioners of Stanly County in the interest of the public health and welfare, is to control.the quantity and quality of wastes admitted to Public Sewerage Systems, and the methods and materials of connection thereto. ARTICLE I Definitions Unless the context specifically indicates otherwise, the meaning of terms used in this Ordinance shall be as follows: Sec. 1. "Biochemical oxygen demand" (BOD) 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. Sec. 2. "Building drain" shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and Other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the in -nor face of the building wall. Sec. 1. "Building sewer" shall mean the extension from the building drain to the public sewer or other place of disposal, also called house connection. Sec. 4. "Combined sewer" shall mean a sewer intended to receive both wastewater and storm or surface water. Sec. 5. "Easement" shall mean an acquired legal right for the specific use of land owned by owners. Sec. 6. "Flotable oil" is oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pre- treatment facility, A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system. Sec. 7. "Garbage" shall mean the animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods. Sec. 8. "Industrial wastes" shall mean the wastewater from industrial processes, trade or business as distinct from domestic or sanitary wastes: Sec. 9. "Natural outlet" shall mean any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of*surface or groundwater. i Sec. 10. "Play" is permissive (see"shall", Sec. L9). Sec. 11. "Person" shall mean any individual, firm, company, association, society, corporation or group. Sec. 12. "pH" shall mean the reciprocal of the logarithm of the hydrogen -ion concentration. The concentration is the weight of hydrogen -ions, in grams, per liter or solution. Neutral water, for example., has a pH value of 7 and a hydrogen -ion concentration of 10. Sec. 13. "Properly shredded garbage" shall mean the wastes from the preparation, cooking and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2-inch (1.27 centimeters) in any dimension. Sec. 14. "Public Sewerage System" shall mean facilities for conveying and treating wastewaters of Stanly County. f Sec. 15. "Sanitary Sewer" shall mean a sewer that carries liquid and water -carried wastes from residences, commercial buildings, industrial plants, and institutions together with minor quantities of.ground, storm and surface waters that are not admitted intentionally. Sec. 16. "Sewage" is the spent water of a community. The preferred term is "wastewater", Sec. 25.' Sec. 17. "Sewer" shall mean a pipe or conduit that carries.wastawater or drainage water. Sec. I8. "Sewer Service Area" shall mean a defined area designated by the Board of Commissioners for a Public Sewerage System. Sec. 19. "Shall" is mandatory (see "may", Sec.10). Sec. 20."Slug" shall mean any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during. normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works. Sec. 2L. "Storm drain" (sometimes termed "storm sewer") shall mean a drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source. Sec. 22. "Superintendent" shall mean the (superintendent of wastewater facilities, and/or of wastewater treatment works, and/or of water pollution control) of the County, or his authorized deputy, agent or repreaentative. Sec. 23. "Suspended solids" shall mean total suspended matter that either floats on the surface of, or is in suspension in water, wastewater or other liquids, and that is removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater" and referred to as nonfilterable residue.. Sec. 24. "Unpolluted water" is water of quality equal to or better than the effluent criteria in effect or water that would' not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided. Sec. 25. "Wastewater" shall mean the spent water of a community. From the standpoint of source, it may be a combination of the liquid and water -carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water and stormwater that may be present. sec. 26. "Wastewater facilities" shall mean the structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and dispose of the effluent. Sec. 27. "Wastewater treatment works" shall mean an arrangement of devices and structures for treating wastewater, industrial wastes and sludge. Sometimes used as synonymous with "waste treatment plant" or "wastewater treatment plant" or "water pollution control. plant." Sec. 28. "Watercourse" shall mean a natural or artificial channel. for the passage of water either continuously or intermittently. ARTICLE II Use of Public Sewers Required Sec. 1. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner upon public or private property within the County, any human or animal excrement. garbage, or other objectionable waste. Sec. 2. It shall be unlawful to discharge to any natural outlet within or under the jurisdiction of the County, any sanitary sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Ordinance. Sec_ 3. The owner of all houses, buildings (s), or properties used for human occupancy, employment, recreation,' or other purpose, situated within a Sewer Service Area, and abutting on any street, alley or right-of-way In which there is now located or may in the future be"located a public I sanitary sewer, is hereby required & his expense to install suitable toilet facilities therein, and to connect such facilities directly I with the proper public sewer in accordance with the provisions of this i Ordinance, within ninety (90) days after the date of official notice to do so. i ARTICLE III J Private Sewage Disposal Sec. 1. Where a public sanitary sewer is not available in a Sewer Service Area, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this Ordinance. Sec. 2. Before commencement of construction of a private sewage disposal system the Owner shall first obtain a written permit signed by the Superintendent. i The application for such permit shall be made on a form furnished by the County which the applicant shall supplement by any plane, specifications, and other information as are deemed necessary by the Superintendent. A permit and inspection fee of twenty dollars ($20.00) shall be paid to the County at the time the application is filed. Sec. 3. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Superintendent. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify'the Superintendent when the work is ready for final inspection, and before any underground portions are covered. Sec. 4. The type, capacities; location, and layout of a private sewage disposal 4 system shall comply with all applicable recommendations and regulations of the North Carolina Division of Environmental Management, and the Stanly i County Health Department. I Sec. 5. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the property on which the facility is planned is less than fifteen thousand (15,000) square feet. No septic tank or cesspool shall be permitted to discharge to any public sewer or natural outlet. Sec. 6. At such time as a public sewer becomes. available to a property served by a private sewage disposal system, a direct connection may be made to the public sewer in compliance with this Ordinance; and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material. Connections shall be made i in compliance with this Ordinance when any malfunction of private system occurs, or when directed by the Stanly County Health Department, whichever ' occurs earlier. Sec. 7. The Owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the County. Sec. 8., No statement contained in this Ordinance shall be construed to interfere with the authority and regulations of the North Carolina Division of Health Services, the North Carolina Division of Environmental Management, or the Stanly County Health Department. �18 - :. ARTICLE IV Building.Sawers and Connections Sec. 1. No unauthorized person (a) shall uncover, make any connections with or appurtenance thereof. Sec. 2. Thera shall be two (2) classes of building sewer permits; (a) for residential and commercial service, and (b) for service to establishments producing industrial wastas. In either case, the owner (a) or his agent shall make an application on a special form furnished by the County. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the superintendent. A permit or inspection fee of 420.00 for a residential or commerical building sewer permit and $20.00 for an industiial building sewer permit shall be paid to the County at the time the application is filed. Sec. 3. All costs and oxpanses incidental to the installation and connection of the building sewer shall be borne by the, owner (s). The owner (s) shall indemnify the County from any loss or damage that may directly or in- directly be occasioned by the installation of the building sewer. Sec. 4. A separate and independent building sewer shall be provided for every building: (a) 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 buiding through an adjoining alley, court, yard, or driveway, the front building may be extended to the rear building and the whole considered as, one building sewer, but the County does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned. (b) except in the event that a property owner with multiple structures may install his own private "in -property" collection system with orie hook- up to the public sewer. Said private collection system shall be approved by the superintendent, County Building Inspeetions,.and/oi the County Health Department. Sec. S. Old building sewers may be used in connection with new buildings only when they are found, on examination and tests by the superintendent, to meet all requirements of this Ordinance. Sec. 6. The size, slope, alignment, materials or construction of a building . sewer, and the methods to be used in excavating, placing of the pipe, (Jointing, testing, and backfilling the trench shall all conform to the requirements of thebuilding and plumbing code or other applicable rules and regulations of Stanly County. In the absence of coda provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and TJPCB Manual of Practice shall apply. Sec. 7. 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. Sec. 8. No persoa(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 directly or indirectly to a public sanitary sewer unless such connection is approved by the superintendent for purposes of disposal of polluted surface drainage. Sec. 9. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of Stanly County, or the procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the superintendent before installation. Sec. 10. The applicant for the building"sewer permit shall notify the superin- tendent when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under -10 the supervision of the superintendent of his representative, Sec. 11. All excavations for building sewer installation shall be adequately guarded with barricades and light 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 County. Sec. 12. The Sewerage System may be extended into adjacent unincorporated areas from time to time when the County determines that sewer service is needed and economically feasible, ARTICLE V Use of the Public Sewers Sec. 1. No parson(s) shall discharge or cause to be discharged any surface, storm or groundwater, roof runoff, subsurface drainage, or non -contact cooling ' water to any sanitary sewer. Sec. 2. Surface, storm, or groundwater and all natural drainage shall be discharged to such sewers as are specifically -designated as storm sewers or to a natural outlet approved by the superintendent and other regulatory agencies, Sec. 3. No parson(s) shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers: (a) Any gasoline, benzene, naptha, fuel oil, or other flammable or explosive liquid, solid, or gas. (b) Any waters containing tonic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment process, constitute a hazard to humans or animals, create a public nuisance, or create- any hazard in the receiving waters of the wastewater treatment plant. (c)• Any waters or wastes having a pH .lower than 5.5. or having any other corrosive property capable of causing damage or hazard to structural, I equipment and personnel of the wastewater works. (d) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater facilities such as, but net limited to, ashes, banes, cinders, sand, mud, straw, shavings, metal, glass. rage. feathers, tar, plastics, woods, unground garbage, whole blood, paunch manure, hair and fleshin s,,entrails and i 6 , paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders. Sec. 4. The following described substances. materials, waters, or waste shall be limited in discharges to sewerage systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equipment, will not have an adverse effect on the receiving stream, or will not otherwise endanger lives, limb, public property, or constitute a nuisance, The superintendent may set limitations lower than the limitations established in the regulations below if in his opinion such more severe limitations are necessary to meet the above objectives. In forming his opinion -o to the acceptability, the superintendent will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant and other pertinent factors, The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer ` which shall not be violated without approval of the superintendent are as follows: (a) Wastewaters with characteristics exceeding the following: 5—Day Biochemical Oxygen Demand 250 m8/1 Total Suspended Solids 250 mg/1 Ammonia Nitrogen 50 mg/1 Chlorine Demand 25 mg/1 (b) Wastewater having a temperature higher than 150' Fahrenheit 1 (b5° Celsius), (c) Wastewater containing more than 25 milligrams per liter .of petroleum oil, nonbiodegradable cutting oils, or product of mineral oil origin. (d) Wastewater from industrial plants containing'floatable oils, fat or grease, 250 - . w (e) Any garbage that has not been properly shredded. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers. (f) Any watersorwastes containing iron, chromium, copper, zinc, and similar Objectionable or toxic substances to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the superintendent for such materials. (g) Any waters or wastes containing odor -producing substances exceeding limits which may be established by the superintendent. (h) Any radioactive waste or isotopes of such half-life or concentration as may exceed limits established by the superintendent in compliance with applicable state or federal regulations. (1) Quantities of flow, concentrations, or both which constitute a "slug" as defined herein. (j) Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having Jurisdiction over discharge to the receiving waters. (k) Any water or wastes which, by interaction with other water or wastes in the public sewer system, release noxious gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes. Sec. 5. if any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 4 of this Article, and which in the judgment of the superintendent, may have a deleterious effect upon the wastewater facilities, processes, equipment, or receiving waters, or which otherwise creaste a hazard to life or constitute a public nuisance, the superintendent may: (a) Reject the wastes, (b) Require pretreatment to an acceptable condition for discharge to.the public sewers, (c) Require control over the quantities and rates of discharge, and/or (d) Require payment to cover added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Section 10 of this article. tf the superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the superintendent. Sec. 6. Grease, oil and sand interceptors shall be provided, when, in the opinion of the superintendent, they are necessary for the proper handling of liquid wastes containing floamable grease in excessive amounts, as specified in Section 4(c) of this Article, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living' quartets or dwelling units. All interceptors shall be of a type and capacity approved by the superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection: In the maintaining of these interceptors the owner(s) shall be responsible for the proper removal and disposal b;y appropriate means of the captured material and shall maintain records of the dates, and means of disposal which are subject to review by the superintendent. Any removal and hauling of the collected materials not performed by owner(s)' personnel must be performed by currently licensed waste disposal firms. iec. 7. Where pretreatment or flow -equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner(s) at his expense. Sec. 8. When required by the superintendent, the owner(s) of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such structure, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the superintendent. The structure shall be installed by the owners) at his expense and shall be maintained by him so as to be safe and accessible at all times. 251 Sec. 9. All measurements, tests and analyses of the. characteristics of waters and wastes to which reference is made in this Ordinance shall be determined in accordance wich the latest edition of "Standard Methods for Examination of Water and Wastewater," published by the American Public Health Association. Sampling methods, location, times, durations and frequencies are to be determined on an individual 'basis subject to approval by the superintendent. See.10. No statement contained. in this article shall be construed as preventing any special agreement or arrangement between the County and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the County for treatment. Sec,11. No person shall discharge or cause to be discharged any sanitary sewage or polluted industrial wastes to any 'storm sewer system or natural outlet. Sec.12. Federal categorical pretreatment standards for the particular industrial subcategories, if more stringent than limitations imposed under this - Ordinance for sources in those subcategories, shall immediately supersede the limitations imposed under this -Ordinance. ARTICLE VI Damage to Facilities Sec. 1. No person(s) shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is.a part of the wastewater facilities. Any person(s) violating this provision shall be subject to immediate arrest under charge(s) as provided by the laws of North Carolina. ARTICLE VII Powers and Authority of Inspectors Sec. 1. The superintendent and other duly authorized employees and agents of the County bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing pertinent to discharge to the sewerage system in accordance with the provisions of this Ordinance. Sec. 2. The superintendent or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry may withhold information considered confidential. The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors. Sec, 3. While performing the necessary work on private properties referred to above, the superintendent or duly authorized employees of the County shall observe all safety rules applicable to the premises established. by the company, and the company shall be hold harmless for injury or death to the County employees, and the County shall indemnify the company against loss or damage to its property damage by County employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Article V, Section S. Sec. 4. The superintendent and other duly authorized employees of the County bearing proper credentials and identification shall be permitted to enter all private properties through which the County holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. ARTICL9 VITI Sewage Service Charges Sec. 1. A sewage service charge schedule will be used for deriving revenues for financing and maintaining the Public Sewerage System of each Sewer Service Area. The funds derived from these charges shall be used for all expenses associated with constructing, improving or maintaining a sewerage system including engineering , planning, construction, reconstruction of sewers and sewage treatment works and all necessary appurtenances thereto, including pumping stations, extension, enlargement, replacement, or additions to the sanitary or storm water sewer system, or the preliminary or other studies and surveys relative thereto, and for the acquisition of land or rights -of -way for any of the capital improvements. The sewer service charge shall be assigned to all persons who contribute sewage to the sewerage system, or whose properties are connected thereto. Sec. 2. Sewer service charges shall be the monthly charge levied by the County or Governing Board of a Sewer Service Area on all users including but not limited to persons, firms, corporations, or governmental entities that discharge, cause or permit the discharge of wastewater into a Public Sewerage System. Sec. 3. The sewer service charge shall reflect the total cost of operation and maintenance of the Public Sewerage System of the respective Sewer Service Area including replacement costs, debt service and costs to operate any pretreatment program. Sec. 4. The County shall review not less often than every two years the sewage contribution of users, the total cost of operation and maintenance of the Public Sewerage System, and the sewer service charge system. The County shall revise the sewer service charge, if necessary, to., 1. Maintain the proportionate distribution of operation and maintenance costs among users as required herein; and 2. Generate sufficient revenue to pay the. total operation and maintenance cost necessary to the proper operation and maintenance of the sewerage system. Sec. S. Each user which discharges sewage into the Public Sewerage System that contains any toxic pollutants or poisonous substances which cause an increase in the total cost of operation and maintenance of the sewerage system in handling the treatment plant effluent or sludge shall be assessed a penalty or a special sewer service surcharge for such increased costs through a separate agreement with that. user. Applicable portions of the sewer use ordinance as well as the equitable rights of the public shall be the basis for such agreements. The surcharge shall be established by the County. Sec. 6. The basis for the normal sewer service charge shall be the volume of water consumed from a public or private water supply system by the user, or the volume of sewage metered with sewage metering equipment installed by the user and approved by the County. The sewer service charge shall be determined by multiplying the volume shown on the user's water bill times the total operation and maintenance cost per 1,000 gallons, or, where the user has its own water supply, cite sewer service charge shall be determined by multiplying the volume shown on the approved sewage metering equipment times the total operation and maintenance cost per 1,000 gallons. Sec. 7. Coat of operation and maintenance for all flows not directly attrrbutable to the users, including infiltration/inflow, shall be distributed among all users of the sewerage system based upon the volume of flow of the users. Sec. 8. Each user shall be notified, at least annually, in conjunction with a regular monthly bill, of the rate and that portion of the sewer service charge which is attributable to total operation and maintenance of the sewerage system. Sec. 9. This sewer service charge system shall take precedence over any terms or conditions of agreements or contracts between the County and any users which are inconsistent with the requirements of the Federal Water Pollution Control Act, the Clean Water Act of 1977 or amendments thereto. r. Sec. 10. Sewer service charges shall be billed monthly, The billing will be Issued on the first day of each month and failure to pay said billing will result in the service being discontinued on the 25th day of the month only to be reinstated upon payment of tha bill in full plus a $3.00 reconnection fee. A minimum charge shall be charged and shall equal to the given percentage of the minimum water bill. Sec. I1. The County reserves the right, from time to time, to change Sewer Service Charges originally or previously assigned to any property owner. ARTICLE IX Penalties Sec. 1. Any person violating any provision of this Ordinance shall be guilty of a misdemeanor as provided in G. S. L4-4. Sec. 2. Any person, after receiving written notice from the County of a violation of this Ordinance and providing for a reaso nable time limit for the satisfactory correction thereof, shall be subject to a civil penalty of two hundred dollars ($200.00) for each .day said violation continues beyond the time limit provided for in said notice. This penalty may be recovered by the County in a civil action in the nature of debt if the offender does not pay the penalty within thirty (30) days after having been cited for the_continued.violation. Sec. 3. This Ordinance may also be enforced by appropriate equitable remedy as provided in G.S.153-A-123. Sec. 4. This Ordinance'may be enforced by any one, all, or a combination of, the provisions above set out. ARTICLE X Validity Sec. 1.. All Ordinances or parts of Ordinances in conflict herewith, are hereby repealed. Sec, 2. The invalidity of any section, clause, sentence. or provision of this Ordinance shall not affect the validity of any other part of this Ordinance which can be given effect without such invalid part or parts. ARTICLE XI North Stanly System Applicability Sec. 1. Components of the Stanly County sewer system are connected to the sewer system of the City of Albemarle, and are subject tocertain provisions of the Code of Ordinances of the City of Albemarle (Chapter 51, Title V) as related to nature of wastes admitted and monitoring. and control, An Agreement between the County and the City dated September 29, 1990, authorizes this action. Sec. 2. Where County sewers are connected to those of another operating sewer system, applicable rules and regulation of said system apply to the County system and its users. In the event provisions of this County Ordinance are more restrictive or prohibitive than those of the receiving utility, the County provisions shall apply. ARTICLE XII Ordinance in Force This Ordinance shall be in full force and effect from and after its ,adaption. Authorized and adopted by the Board of Commissioners of Stanly County. Adopted this the 18th day of January, 1993. /s/ W. Dwight Smith, Chairman /s/ Joyce Mauldin Clerk to the Board );f t��ty5,++r�. 4r (tt J7`r11 r^�7 s ��. * ��� cn� ,.iL• � a��' L. d.7,. ,SF '• .. a� ._. •},� }z' t. ". �.v i. ,. •; TT f.;4. S t1.!•� 4F G = �..'t ti' .• 'tl w e. ti'',t t;-l.:.t' F ,.1.'••31s. 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NP,P WeDr+ w IRA nh pnl Yoe .rw +DMrN Ian Do.r1 N ce,+wYtlwen Ca+n4 Nnp broW� Ap N ApMn of DrM In Slmy >e.n den - Deg BOOK 21 PAGE 46(1) 314922 saI•mer� Imeeu nepun +lD.+,a sur+r emnnr.Ye LEMD UR - [vltl'M Yw M w [Neliy Yw I,H EYIP - Lentmf Y+,tl Iene+ Ie+l rvA, - ln• Y+n RPa ■ - N+• Ib9 A+9 - AtlM DD G ■UIYD IN GRAPHIC SCAIE - FEET Area t■ 1.53 Ac P[1+(Irow 0Na GPOY 7l0. P9s+ A<E rcheller,Roberto From: Duane Wingo <dwingo@stanlycountync.gov> Sent: Wednesday, January 30, 2019 5:11 PM To: Basinger, Corey Cc: Scheller, Roberto Subject: [External] SOC Meeting Attachments: Sewer Use Agreement - Fully Executed.pdf, Sewer Use Agreement's Attachment A.pdf, Sewer Use Agreement's Map Attachments.pdf Corey, I appreciate you meeting with us today. I apologize for not having more definitive numbers to discuss but we are working through some staff change over in our accounting department, which has lead to some misunderstanding of the billing calculations for Oakboro. We are getting this fixed. It appears Oakboro's daily allocations, is 265,000 GPD and are fairly confident that r Stanfield's is 15o,000 GPD. Locust is saying their allocation is 350,000 GPD but we are also seeing a number that is 240,00o GPD. We will have to get this determined asap. The contracts I have found for Locust are from 1995 and do not represent what should be the current allocation. Stanly County -also contributes approximately 95,00o GPD into the West Stanly WWTP. The calculations to determine the monthly sewer bill for Oakboro is very involved and I am starting to back track over the last year to determine their inflow and infiltration, as 1 rif as, that of Locust and Stanfield. Based on Fiscal Year inflow and infiltration limits, we can assess a io % surcharge to the Town of Oakboro for inflow infiltration above the 2659000 'GPD daily flow limit, which is any amount of flow above 96,725,000 gallons annually in a fiscal year. The I and I surcharge will have to be billed in July of 20i9 as per the constraints to the contract. If Oakboro exceed 48,500,000 gallons of inflow and infiltration for the fiscal year, they are suppose to be assessed at a surcharge rate of l00% or double the normal charge for inflow_ and infiltration. The County Manager has verbally told me to enforce the contract, if applicable. I will present him with the numbers to date so far this fiscal year to see where we stand. If it appears the amount will be significant, he will need to provide instructions on how we are to address this ahead of sending them the bill. This could very well be a contentioug issue. I have attached the Oakboro Sewer Use Agreement, if you do not already have a copy. There is language in the contract that permits the use of existing equalization basins in Oakboro but I am not sure if they have honored the contract and kept these facilities up to date. Stanly County might also have to provide some piping and infrastructure to get them working.. This could be an interim step in dealing with the inflow and infiltration issues in Oakboro. Again, I appreciate your,time and we will give the .SOC the upmost attention moving forward. I will have a discussion with the Board on February 4, 2019 and hope to have everything in place for approval by the- second February meeting if we have an agreement on the numbers. I have directed WK Dickson to have their calculations completed, as - uickly as possible, so we can discuss this matter. Rest assure this has our upmost attention. Thanks, Duane 3 rPursu'anptto North Carolina General Statutes, Chapter 132, email correspondence to and from this address may be considered public record under North Carolina Public record Laws and may be disclosed to third parties. PSchellrer, Roberto From: Duane Wingo <dwingo@stanlycountync.gov> Sent: Thursday, January 31, 2019 9:48 AM To: Basinger, Corey; Scheller, Roberto Subject: [External] City of Locust Attachments: City of Locust Current Flow Allocation.pdf Corey, In following up with the email from yesterday. The current flow allocation we have for Locust.is 332,40o GPD based on the attached letter. You may already have a copy. I am tracking down all known Stanly County connections into the West Stanly System. I anticipate this flow be significantly under ioo,000 GPD. We will be looking at flow meter reading over'last 12 months if there is no other agreements in place. At.present it appear we have the following allocations: Oakboro 265,00o GPD o Locust 332,40o GPD Stanfield 150, o 0 o GPD Stanly County Guess 100,00o GPD May Be Less 847,40o GPD 1 Thanks Duane Pursuant to North Carolina General Statutes, Chapter 132, email correspondence to and from this address may be considered public record under North Carolina Public record Laws and may be disclosed to third parties. u Y �NLBr MA R ; L E N'O','R;T-KC'AR october 91,20, City a ' '' � U*tlst A# ; Steve Huber} Mayer 'j,,',80 Ray Kei*&4yTf 'Lbddst, N6rth CAtolifia-29097 Dear Holier; ; lfiiesponse,'tolhe'City: of here uuafter refe�,rectues ,addition2ttr,sp :pppacitypI.. please accept 8 te -rAg8tay�co"mtY'" ere AheCby�ofan additional_3MOOjqtjqMpet formal 6&r to, d4y, sewer treatment pAppily-k tfiq,'WO,$Wjy W4*wabqr aM-(h refen& tw. 0 "'W fdca:tcd'bn arbides,07 rove, TheNo hi df nvironnie a ur 'Resources-wastewaterd--sigaflowrate 6rM-N sewer .capacity per dwelinag SaidMQQOuopor claysewer We dtrntdpOditYi-in,.addi tion day sewer t . reatmeqt.', a 'ep# otyi whFch was obtained piursuant-to,any to#lg�;"iOMI,Agr-emot�ysnit between the Town 1995,.., upon:,fhe,fplfqwm- conditions:: .- g�femis2god, �q .pq4,i_ c4pa6ity, is offered 'theCity-hiaY �*bicb ji���sa.id 32$WgWJ.owpeTday, ofsqwcrt.reatment,aqpa , JbQW400t" cbip6iaelfiiAts ofthe',City, `at a rateddilar-&and: 'b'e- in one lwrnJothe. Clbuhvs 4 6 got I shoOd, City, re -sell any o 3-,2,4 0,-, bi r ti&dtiiied, capacity lo',anot lier y private developer, tbeWdc'apad ity� en the, P4 �ole'.4,. County" the; then 'fifty perce 5QP/o),'q the -excess-- given to 4*by the 0ty !w City "stproxidt tbe Co -mitho.copy 6f, any '-&p4gr&emqp4 cc nt aefsfi rsq cvgqlty,.Fflq. flzat. it entemz wzth "Y'dther eritzt%es, private` evelapers, Nsznesses, OtC iA ar er tc verify the sale "artzc�unt for saad, 2,4t 4 gallons per dayµsewer, treatment dapacity_ 3 Sriiultanejztsly utlithe City',puichase..bf said 32,4f} gallons;>per tray gswer treatment,capae ty, the :Cityand C®u zty�shatl ,enter,znto 4,formal $ewer Use Agreorne0 substantially tn:sunilar form.to the Viewer Use Agreement by. arid=,betWedh the.Tof bQro:and:Stanly`Cauntydated.May 16� 44. This ofi#r-.expi es'on Qdbb&'9,, 201 b"'- Reasa mote that.there'is an oiitstaizdz zg .dffer frtsn the County tei the City fcir ari-additzoriaL 6tl;0ti0 gallons per day Seer:treatnaerzt Capacity inrthe WSWTP': Said 60,Ofl0.gallons issin< adcl lzon,to;t e y's existing 2�10,(}40 gallons de crzbed:in the first paragraph above and.tbe 32,4t14 gallons of erod zn tli4s._lett r: The leans acid conditzons:ofthe 66600;gallari offer are deli�eatcd in a letter from =me �o you _dafied 3uiq �`�, 2014'. Tl e County looks foi yard to vorlf rig with:the City to -facilitate economic growth and development p Locust.. T-.hq you for;ypur-.partnership in xthisa"matter: §hciuld yoi ,<have arid' questzons.or eoz cer"ns,,please feel:free to contact �zt a or.�Coiurty 1V W,9. 10 Aricly Lucas. County ,Board of Connor ssioners City Qf Locust Atiddah-, S' -Hik-mMayor M wd we of sewWOpp** capaotiy,ps oy- res[dences,orbminosseolocaied,i aniy COunty afto-ift"th, ofole V or.po- City may be O&chdsed by the C ity4t a4at&df t" d6tisb dive cdlitk- $3'llbs) per gallon t6 6 pawl-jn,,"q l=,I'siampa, toj§e lq- olmtY..' Q - -60' '0 Th,' tW 0' uf, sewer tCeatmeut,cA#ad y, resideiim.,or biW*n'mcs 1Qeated ou8sidenly Cuoty fiat wzihia the c"orporatermdts- of Afteo (M 15 the be��'by pay 16htd, It, capacity �o ,a�iotberentiy� prvato developer, business, ego ai a ratelaznuunt 1r� excess caf` tlae,atnatiant paid to, tW, 06uqy,""b th .exc ss AM60t iiiiik--ba given to thtQO"ty-,by`theUtyThe-CityTwo,orovi4e: I Pi cnracts,fur. suer cpactty etc; that "fi".enters to in-arder,16 MIper day seer oo,-atm ovoom fto gaj r,,�o4y-qf.-'�fm , ,19 pq ygr, __p substantzlly znsalar:%rzn°fo the Sewer Lase AgreemenYby andbetween theT,6wnoi' OakVor&iuid Stanly. outiWdated may 5. th 6,forth '(*6liha bf-Envirowenfaod,*�Natuxal Resouce wastewater ,. sieszgn w rates per I-SANC A,C,.'i02,T 1- zb Cib -,aitid Sta-all'y"', the sewed capacty per.indzyrd at wastewaterlsys�mcustMri& 6. Tgus,€1 erleolate;s, aW,,9dW9e" Itid 084- diad6lbythel IQ, ounty* the city *qq sperclay,sewer- capacity w !,teft Ock, daW luty. 11,5,"" OV 7 This offer e2Lgzreskan ir T,h-,b:Cb,ii* tdoU forward tryw- 1 devel6pmontin Stan1, y.C-It oiMt y., lhok C , PMtCOMMIT 410'4erS ppppo" City Y Of Locust Mention: Sieve Wiber.M ayor 1 86 Ray Kennedy Drive: -Locust; North Carolina 28097 Dear. Mr, Huber;, 3EM ST. V U, N Tyr, N LY, C TE: I.bob,'TN6R"",AR 'SFR ET,'�;bIi : 1 A LI B E M A '3NORTH qAROLINA b 06 01 October 8., ION - In response. to,the.City.,-.of Locqst's,:,(hqrqinafter ref6rred to,,.As "City"}:request for .4q0tio4q),sewer capacity, p!q4se,Aocept this lette As 8T C 0anty's (hinafter,kef6tred- Was "Cbuhty,") formal offer toithc:'Citv of an additional, 32,490:gallbqs pe day 'sewer treatment rin.the West: $1anly. Wastewater -Treatment , , atr(h, '-A 'referre as.,4W papapP11 erem er� r �&to SWTPr,) ve,Rodd; Oakboro, North. Carolina iWorder tofacilitate economic growth and; development 4: Locust, The North Carolina Department of DiAiro-nment, an, atutAl: Resources: wastewater design flowxates..Ter 15A NCAC42 0 114 were al' Wafe".th sewer capacity Said GO. inaddition 0 ,y, pqdwelling. S g�,IlQns,,pi�rd4ysd,,Wor.trbdthieiit,,i:apAcity�i�'i to -:the -City's ekistiiig-240,00G, g-41l6hs,,p&r day sewer treatmeALCqpaci,y, -:Which: was obtained t pursuant to, an Infra-Munici AtAgreement'by and between the of,004bo "O"ajftd the City of .-P .- - .-r -1- 0 capacity is,oMred, Locust dated July,,- 5�, -19,95LS4431,4 4, upon the following terms and conditions: - , *�ng 'e I., The:C' ity may capacity s.,y.qf-,�pyyrrtreatment-'whipb purchase said 32,4-09lop, per-day shall be r usiness si but h 6 -p-used by b so 100,ated:outsidd Staa ',County- w-ithi -th corporate, limitsof the'City,,,ut raw -of nine dollars; and fifteen- cepls5)peTg on to; : ,be,paid in one tamp -sum Davii!7eiit-to..the. .-County. 2-,. ,Should iho-.City rO-ws,6 '00, 11myoftho'd aforesaid gallons, per da:y;dfsewer treatment; capacity to another entity, ,private .. developer,Inss�Ptq at Vife/amounf-in.excess4, the:amount paid d,w the: by tie "said 6apA6ity,then fiftyy-perc 50%,of the. excessampunt,mus b 'ven-to the-0 f ity., The - st v e q 0 County City pro idthe 'Countywith.a copy ofAny" and'aU-purdhase4greement% contracts..,.fpr.sewer capacity; pic., pppppp- that it:enters into with :any` other entities, ..ptivEitetdoyelopers businosses:,etc: ,iR.order-..,io verify'the sale amount for said"3, �*QO�gajjons,pprdqy sewer treatment d p � . capacity. -� 3'. SiiiWItaiiebuslyvvith.tlid'City,'s-pitibhdg��0'9914:32,400 gal -ions, per- day of sewer treatmeacapacity, the: City and, County shallmtor,inio a,formal Sewer. Use AgreqMqO substantial yin,.similar form fo,the -Sewer 'Use :..A :Agreement by, and,bet Wd&h the Town of .,gr eme Oakbor6. and Stdffly �Couhty dated May- 16, 2014., 4. This -offer -expires .,onOctober "9.201.6. Please. note that there is aftoutstafid,g'bfih fei from the. Countyto the C ity , for. op -additional.` ,60,060 goon$ pevday sewer -tr e--atment papqqjty inWTP...S"aid 60,0(Q0,,gaMons:is'M I." ' .theW.S addition ib,Ahe:,C- ity's existing 240,0OQgallons- described In the fir'st-pa'r'ag-ra'p'h.'A'bove- andthe, 3-2,jOQ gallons off in: this, --jefter, The terms, and dondftiohs�:df 'the 60,060offer are0; delineatedIn a letter, ftom.me.-to ' you dated July 31,20-141, The County looks f'orward.to-working the, Qity to :facilitate economic growth and development Locust, you for your . Thank, .partnershipthis: matter. Should you. Have Any questions.�or concerns;.;please �;,;pleak feel -free to contact .,mebr County Manager A_ndy Lucas. Sincerelxr- 1_Qnyl, ,ony, s, Chairman , Stanly qunty,Aoqd..'of Commissioners 'NbRT A ST%ttREE-T;9brrE,`fd 00, L E MORik AROLINA ;t ftyof Locust -,,- I & A, Atfenhon Stb Huber, 186Ray Kennedy "XIV Deaf Mr Huber;, gfdl'ons,L3C treatment T gallons,per capacity used by residences or busmessres toeated.m:StazalyOtOJ`the worp"Aw'. '.Units of the City may be �Aoji6k gallon to id bythe Aiwbf thiie616Nis6b purchased paid in one lump -sum paympnt to the County., 60 rd—or br lxusinesses located,outside Sanly bounty fiat vvttlxn,'ththe Ciiynay be 'purchased. b -fh cents beaal 16n-: tb, bebWd intone hidib-AuhibdVm )thbtWrity: tfi6uI&&dtyId;sd1I Aq of the. afaresau160 M OldiKpei "b in excess of capacity* on qrcg privatevs lho,awowt Pw-1[-wd.ietm"-v--nt, byAO-0"t PON the:excessAamourittprovide:'*th' County with a„copy of any aridr all. must, e given to the County ;by-1h TIM go e qoqjo*, spWefqgp POV eic- in,zarder' verify the sate amount°.for..said-_60,000` gallons per day sewer, capacity., theTo`wii of Stably fity. -Aded %y%t*6,, 12614, .5. Ub Norifi= Cardl Deparkment bouF .11, 1 " i J design .-wiltbettili --", i " oul., rat d disd_g the sewer :capacity per indivtdttal wastewater system,customer a Cibmits :afid Stably. counties:, 'to., ftc f an t$w= Y, Q 6. additional0;000 ons,p e �r, dl*y.'g U 'OiltY , 5 to 71, pj, Ttie:Cciunty lot domitophiont $ianjy Sincerety, i Scheller, Roberto From: Cesar Correa <CityAdmin@locustnc.com> Sent: Tuesday, January 29, 2019 1:41 PM To: Basinger, Corey Cc: Pitner, Andrew; Love, Barry F; Scheller, Roberto; Parker, Tony R Subject: RE: [External] Fwd: I/I Reduction Program Hi Corey, Thanks for getting back to us. I know it's a sensitive situation, and we want to be mindful of all parties concerned. I imagine it's going to take some time, after tomorrow's meeting, for you and your staff to make a determination. I would appreciate if you could keep me posted as soon as information is available, and as soon as DENR is prepared to accept new FTSE applications from Locust. Thank you. Cesar Correa, MPA City Administrator City of Locust 186 Ray Kennedy Drive Locust, NC 28097 P. 704-888-5260 ext. 101 cityadmin@locustnc.com From: Basinger, Corey <corey.basinger@ncdenr.gov> Sent: Tuesday, January 29, 2019 1:20 PM To: Cesar Correa <CityAdmin@locustnc.com> Cc: Pitner, Andrew <andrew.pitner@ncdenr.gov>; Love, Barry F <barry.love@ncdenr.gov>; Scheller, Roberto <roberto.scheller@ncdenr.gov>; Parker, Tony R <tony.parker@ncdenr.gov> Subject: RE: [External] Fwd; 1/1 Reduction Program Cesar, My apologies for the delay in my response. As you are well aware, this is a complex situation. We have reviewed the detailed information you provided in your email. At this time, and until we complete our evaluation of the entire collection system and ` wastewater treatment facility's current treatment capacity, we will be unable to provide the City of Locust a definitive answer on what the timeline may look like with respect to accepting new Fast Track Sewer Extension (FTSE) permit applications. We are meeting with Stanly County Utilities and the Division of Water Infrastructure staff tomorrow (Wed, 30th). We hope to learn at this meeting pertinent information relative to the existing WWTP's current treatment capacity. This information is integral to us in order to determine whether or not there is existing treatment capacity at the WWTP that will allow us to accept, review and potentially issue new sewer extension permits. Once we have this information, clearly understand the timelines of the upgrade project, and discuss findings with the Director, we will be better equipped to provide a more detailed answer to your specific requests. Again, thanks for your continued patience in this matter and I will be back in touch with you following the conclusion of our evaluation. Regards, Corey W. Corey Basinger Regional Supervisor Division of Water Resources Mooresville Regional Office Department of Environmental Quality Chairman Water Pollution Control System Operators Certification Commission 704-235-2194 office corey.basinger@ncdenr.gov Mooresville Regional Office 610 East Center Avenue, Suite 301 Mooresville, NC 28115 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Cesar Correa <CitVAdmin@locustnc.com> Sent: Wednesday, January 23, 2019 7:56'AM To: Basinger, Corey <coreV.basinger@ncdenr.gov> Subject: Re: [External] Fwd: 1/1 Reduction Program Thank you sirl Cesar Correa, MPA City Administrator City of Locust 186 Ray Kennedy Drive Locust, NC 28097 P. 704-888-5260 cityadmin@locustnc.com On Jan 23, 2019, at 07:54, Basinger, Corey <coreV.basinger@ncdenr.gov> wrote: I will review the information you submitted and discuss with staff. I will provide you with a response no later than the end of this.week (Friday, 25th). Thanks for your patience while we review the information. Corey W. Corey Basinger Regional Supervisor Division of Water Resources Mooresville Regional Office Department of Environmental Quality Chairman Water.Pollution Control System Operators Certification Commission 704-235-2194 office corey.basingerAncderingov 3 Mooresville Regional Office 610 East Center Avenue, Suite 301 Mooresville, NC 28115 <image001.png> Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Cesar Correa <CityAdmin@locustnc.com> Sent: Tuesday, January 22, 2019 3:07 PM To: Basinger, Corey <corey.basinger@ncdenr.gov> Cc: Scott Efird' <sefird@locustnc.com>; Scheller, Roberto <roberto.scheller@ncdenr.gov>; Tim Flieger <tflieger@locustnc.com> Subject: RE: [External] Fwd: 1/1 Reduction Program Importance: High Hi Corey, I hope you had a Merry Christmas and a Happy New Year! Last time we spoke, you mentioned that Stanly County Utilities would be submitting an update report on the status of the WSTP improvements. I spoke with Duane Wingo, Utilities. Director earlier this year who informed me they are expecting to bid the project in March 2019 with an anticipated project completion date of June 2020. I wanted to follow up on our conversation late 2018 regarding new sewer extension permits. As I mentioned, there are 3 developers who are ready to move forward with new permits. I .told them in 2018 that I was waiting on instruction from DENR as to how to proceed. For the purposes of our conversation and for your information, I requested a timeline for their projects. Here is what we have before us: 1. True Homes @ Whispering Hills: a. Amenity Center engineered and ready to be permitted. The permit calls for 1,130 GPD, and is scheduled to be built in conjunction with phase 3. b. Phases 3 & 4 are also engineered and ready to be permitted. That's a total of 113 single family homes between both phases for an anticipated 54,240 GPD permit. However, phases could be permitted separately if needed. They would like to start the infrastructure improvements next month (or as soon as possible) to pull the first permits in May 2020, with the first Certificate of Occupancy issued September 2020. They are currently building phases 1 & 2 which will keep them busy in 2019 and early 2020. 2. Meadow Creek Village Phase 2: a. This project was actually permitted in the early 2000s, but the permit was amended and the flow was allocated elsewhere. There is a total of 92 sites available, of which 62 have the infrastructure tested from the previous developer. The (local) builder, is looking to get started with the first 40 sites (14,400 GDP permit) in 2019. Their timeline calls for infrastructure improvements to start as early as possible, to begin pulling permits for new homes in May 2019, with the first Certificate of Occupancy issued September 2019. We anticipate this builder selling 1-2 homes/month. 3. Meadow Creek Church Road —New Subdivision: a. Anew subdivision with'38 homes (13,680 GPD permit) is being engineered as we speak. We believe the developer will be ready to permit it by spring. We anticipate them finishing infrastructure improvements in July/August 2019, and the first Certificate of Occupancy issued in November/December 2019. This builder is just finishing another subdivision in Locust. They will build the same product, and they average 10 homes per year. Given the WSTP improvement timeline and the timeline of the projects mentioned above, we would like to submit these permits in 2019 for approval so that developers may begin installing the new infrastructure. Please let me know your thoughts as we know this is a sensitive matter. I appreciate your time and I look forward to chatting with you soon Thank you Cesar Correa, MPA City Administrator City of Locust 186 Ray Kennedy Drive Locust, NC 28097 P. 704-888-5260 ext. 101 cityadmin@locustnc.com From: Basinger, Corey <corey.basinger@ncdenr.gov> Sent: Wednesday, December 19, 2018 1:57 PM To: Cesar Correa SCityAdmin@locustnc.com> Subject: RE: [External] Fwd: 1/1 Reduction Program Ok, no problem. CB W. Corey ,Basinger Regional Supervisor Division of Water Resources Mooresville Regional Office Department of Environmental Quality Chairman Water Pollution Control Systems Operator Certification Commission 704-235-2194 office corey.basinger(-ricderingov Mooresville Regional Office 610 East Center Avenue, Suite 301 Mooresville, NC 28115 <image003.png> Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Cesar Correa <CityAdmin@locustnc.com> Sent: Wednesday, December 19, 2018 1:57 PM To: Basinger, Corey <corey.basinger@ncdenr.gov> Subject: Re: [External] Fwd: 1/1 Reduction Program AUT16N Report Spam. I'm actually out on paternity leave until January 2nd but still working from home a bit. I will call you in a few minutes before you head out for Christmas break. Thank you sir. - Cesar Correa, MPA City Administrator City of Locust 186 Ray Kennedy Drive Locust, NC 28097 P. 7047888-5260 cityadmin@iocustnc.com 6 On Dec 19, 2018, at 13:55, Basinger, Corey <corey.basinger@ncdenr.gov> wrote: I am available today until 4pm and then will be away from the office until Jan 2nd If you do not have time today, you may speak with Barry Love 704-235-2143 or Andrew Pitner 704-235-2180 tomorrow or Friday. Thanks, Corey W. Corey Basinger Regional Supervisor Division.of Water Resources Mooresville Regional Office. Department of Environmental Quality Chairman Water Pollution Control Systems Operator Certification Commission 704-235-2194' office corey.basinger(a7ncdenr.gov Mooresville Regional Office 610 East Center Avenue, Suite 301 Mooresville, NC 28115 <image001.png> Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Cesar Correa <CityAdmin@locustnc.com> Sent: Wednesday, December 19, 2018 1:45 PM To: Basinger, Corey <coreV.basinger@ncdenr.Rov> Subject: [External] Fwd: 1/1 Reduction Program .tpN Report Spam. 7 Hi Corey, I wanted to follow up and let you know that we're already making progress in our 1/1 reduction program. We are committed in working to reduce 1/1 as much as we possibly can. We will make these repairs immediately and we will continue working on identifying other 1/1 sources. If you're available tomorrow I'd like to get some guidance regarding a sewer extension permit. Would you be available for a quick phone call? Thanks. Cesar Correa, MPA City Administrator City of Locust 186 Ray Kennedy Drive Locust, NC 28097 P. 7047888-5260 cityadmin@locustnc.com Begin forwarded message: From: Tim Flieger <tflieger@locustnc.com> Date: December 19, 2018 at 12:11:35 EST To: Cesar Correa <CityAdmin@locustnc.com> Subject: 111 Reduction Program Good afternoon Cesar, Recently during routine 1/1 investigation efforts, we discovered a fairly sizable (volume) source at CVLS#4. The 1/1 was located in the valve box. It was here that we determined that there was a failure in the concrete which was allowing groundwater to bleed in the valve box which then drained into the wet well. I immediately contacted/scheduled a concrete repair contractor to come out and assess the repair. They visited the site this morning and I'm now awaiting a repair quote. I'll keep you posted. Tim Timothy C Flieger Director of Public Works City of Locust 8 186 Ray Kennedy Drive Locust, NC 28097 P: (704)888-5260.EXT 107 F: (704)888-1566 W: tflieger@locustnc.com <image003.jpg>