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HomeMy WebLinkAboutWQCS00284_Renewal (Application)_20210407 BRUNSWICK COUNTY PUBLIC UTILITIES OPERATIONS CENTER 250 GREY WATER ROAD NE SUPPLY,NORTH CAROLINA 28462 MAILING ADDRESS TELEPHONE POST OFFICE Box 249 (910) 253-2657 BOLIVIA,NORTH CAROLINA,28422 FAx (910) 253-4305 April 1, 2021 RECEIVED APR 2021 NCDEQ-DWR Attn: PERCS Unit Supervisor NCDEQ/DWRINPDES 1617 Mail Service Center Raleigh,NC 27699-1617 Subject: Renewal Application Brunswick County System Wide Wastewater Collection System Permit Renewal Permit No. WQCS00284 To Whom it May Concern, Enclosed is the permit renewal application with associated documents for the Brunswick County Collection System. Please do not hesitate to contact us if you have any questions. Sincerely, Donald B. lxon Deputy Director-Wastewater Operations /kmg Enclosure J�S�ICK yh11 �e i ��Il�i�T 4 � L State of North Carolina DWR Department of Environmental Quality Division of Water Resources 15A NCAC 02T.0400—SYSTEM-WIDE WASTERWATER COLLECTION SYSTEMS Division of Water Resources INSTRUCTIONS FOR FORM CSA 04-16&SUPPORTING DOCUMENTATION Documents shall be prepared in accordance with 15A NCAC 02T .0100, 15A NCAC 02T .0400, and all relevant Division Policies. Failure to submit all required items will necessitate additional processing and review time. For more information, visit the System-wide Collection System Permitting website: General—When submitting an application to the Pretreatment,Emergency Response,&Collection Systems(PERCS)Unit, please use the following instructions as a checklist in order to ensure all required items are submitted. Adherence to these instructions and checking the provided boxes will help produce a quicker review time and reduce the amount of requested additional information. The Applicant shall submit one original and one copy of the application and supporting documentation. A. Cover Letter X Submit a cover letter listing all items and attachments included in the permit application package. B. No Application Fee Required > No application fee is necessary. The permittee will be billed an annual fee upon issuance of the permit. > The appropriate annual fee for systemwide wastewater collection system permits may be found at: > Annual Non-Discharge Fees C. System-Wide Wastewater Collection System (FORM: CSA 04-16)Application: X Submit the completed and appropriately executed System-wide Wastewater Collection System (FORM: CSA 04- 16) application. Any unauthorized content changes to this form shall result in the application package being returned. If necessary, for clarity or due to space restrictions, attachments to the application may be made, as long as the attachments are numbered to correspond to the section and item to which they refer. > If the Applicant Type in Section 1.3 is a Privately-Owned Public Utility, provide the Certificate of Public Convenience and Necessity(CPCN)from the North Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise for the area to be served by the wastewater collection system, or ❑ Provide a letter from the North Carolina Utilities Commission's Water and Sewer Division Public Staff stating an application for a franchise has been received and that the service area is contiguous to an existing franchised area or that franchise approval is expected. ❑ If the Applicant Type in Section 1.3 is a corporation or company, provide documentation if it is registered for business with the North Carolina Secretary of State. D. General Information: > The Authorized signing official listed in Section 1.4 should match with that of the Applicant certification page in accordance with 15A NCAC 02T .0106(b). Per 15A NCAC 02T .0106(c), an alternate person may be designated as the signing official if a delegation letter is provided from a person who meets the criteria in 15A NCAC 02T .0106(b). > NOTE - Public Works Directors are not authorized to sign this permit application according to the rule unless they are delegated. INSTRUCTIONS FOR APPLICATION CSA 04-16& SUPPORTING DOCUMENTATION Page 1 of 5 E. Summary of Attachments Required: X Instruction A: Cover Letter X Instruction C: Application Instruction C: Ownership Documentation (i.e., CPCN) (If necessary) X Instruction D: Delegation Letter(If necessary,for signing official) X Section IV.3 Pump Station List X Section IV.4 High Priority Lines List X Section V.4 Annual Budget for Collection System (Updated and Approved) X Section V.6 Capital Improvement Plan (Updated and Approved) X Section VI.2 Response Action Plan X Section VI.4 Contingency Plan X Section VI.6 Comprehensive Collection System Map El Section VII Note Any Potential Compliance Issues THE COMPLETED APPLICATION PACKAGE INCLDING ALL SUPPORTING INFORMATION AND MATERIALS,SHOULD BE SENT TO: NCDEQ-DWR Water Quality Permitting Section PERCS UNIT By U.S.Postal Service: By Courier/Special Delivery: Attn: PERCS Unit Supervisor 512 N. SALISBURY ST.Suite 925 1617 MAIL SERVICE CENTER RALEIGH,NORTH CAROLINA 27604 RALEIGH,NORTH CAROLINA 27699-1617 TELEPHONE NUMBER: (919)807-6300 INSTRUCTIONS FOR APPLICATION CSA 04-16& SUPPORTING DOCUMENTATION Page 2 of 5 I. APPLICANT INFORMATION: 1. Applicant's name: Brunswick County 2. Facility Information: Name: Brunswick County System Wide Collection System Permit No.: WQCS00284 3. Applicant type: ❑ Municipal ❑ State ❑ Privately-Owned Public Utility (X)County ❑ Other: 4. Signature authority's name:John Nichols per 15A NCAC 02T.0106(_b) Title: Director of Public Utilities 5. Applicant's mailing address: PO. Box 249 City: Bolivia State: NC Zip: 28422 6. Applicant's contact information: Phone number: (910)253-2653 Fax number: (910)253-5776 ] Email address:john.nichols@brunswickcountync.gov II. CONTACT/CONSULTANT INFORMATION: 1. Contact Name:NA 2. Title/Affiliation:NA 3. Contact's mailing address:NA 4. City:NA State:NA Zip:NA 5. Contact's information: Phone number: (NA) Fax number: (NA) Email address:NA III. GENERAL REQUIREMENTS: 1. New Permit or Permit Renewal? ❑New (X)Renewal 2. County System is in Brunswick County. 3. Owner&Name of Wastewater Treatment Facility(ies)receiving wastewater from this collection system: Owner(s)&Name(s): Brunswick County Public Utilities 4. WWTF Permit Number(s): WQCS00284 5. What is the wastewater type? 90%Domestic or 10%Industrial(See 15A NCAC 02T.0103(20)) Is there a Pretreatment Program in effect? ❑Yes or❑No 6. Wastewater flow: 7,419,820 MGD(Current average flow of wastewater generated by collection system) 7. Combined permitted flow of all treatment plants: 10,855,000 MGD. 8. Explain how the wastewater flow was determined:Total flow for the year monitored by flowmeters divided by 365 days ❑ 15A NCAC 02T.0114 or❑Representative Data 9. Population served by the collection system: 21,005-Does not include Satellite system population- County only IV. COLLECTION SYSTEM INFORMATION: APPLICATION CSA 04-16 Page 3 of 5 1. Line Lengths for Collection System: Sewer Line Description Length Gravity Sewer 139.51 (miles) Force Main 262.36(miles) Vacuum Sewer 11.64(miles) Pressure Sewer 213.53 (miles) 2. Pump Stations for Collection System: Pump Station Type Number Simplex Pump Stations(Serving Single Building) 8984 Simplex Pump Stations(Serving Multiple Buildings) 0 Duplex Pump Stations 26 3. Submit a list of all major(i.e.not simplex pump station serving a single family home)pump stations. Include the following information: ➢ Pump Station Name ➢ Physical Location ➢ Alarm Type(i.e. audible,visual,telemetry, SCADA) ➢ Pump Reliability(Can convey peak hourly wastewater flow with largest single pump out of service) ➢ Reliability Source(permanent/portable generator,portable pumps) ➢ Capacity of Station(Pump Station Capacity in GPM) 4. Submit a list of all high priority lines according per 15A NCAC 02T.0402(2)known to exist in the collection system. Head the list with"Attachment A for Condition V(4)"and include the system name. ➢ Use the same line identification regularly used by the applicant ➢ Indicate type of high priority line(i.e. aerial),material and general location V. COLLECTION SYSTEM ADMINISTRATION: 1. Provide a brief description of the organizational structure that is responsible for management, operation and maintenance of the collection system. Brunswick County Public Utilities Department is responsible for management,operation and maintenance of the subject Collection system.The organizational management consists of the Director,Deputy Director-Wastewater Operations, Collections Superintendent and 18 field level employees dedicated to the operation and maintenance of the Collection system 2. Indicate the current designated collection system operators for the collection system per 15A NCAC 08G.0201 Main ORC Name: Matthew Smith Certification Number: CS4 992242 Back-Up ORC Name: Michael Caison Certification Number: CS4 993077 See the"WQCS Contacts and ORC Report"for a current listing of the ORC(s)the Division has on file for WQCS permit 3. Approximate annual budget for collection system only: $4,591,587 4. Submit a copy of your current annual budget. 5. Approximate capital improvement budge for the collection system only: $3,320,000—5-Year total 6. Submit a copy of your current capital improvement plan. 7. Is this collection system currently a satellite system ❑Yes or(X)No APPLICATION CSA 04-16 Page 4 of 5 8. Do any satellite systems discharge to this collection system(X)Yes or❑No(If yes complete table below) Satellite System Contact Information(Name,Address,Phone Number) Southport City of Southport 1029 N.Howe St. Southport N.C.28461 Ph#910-457- 7910 H2GO Brunswick Regional Water&Sewer 516 Village Rd.NE Leland NC 28451 Ph#910-371-9949 Town of Leland Town of Leland Water&Sewer 102 Town Hall Dr.Leland NC 28451 Ph#910332-5000 Holden Beach Town of Holden Beach Public Works 110 Rothschild St. Holden Beach NC 28462 Ph#910-842-6488 Oak Island Town of Oak Island Public Works 4601 E.Oak Island Dr. Oak Island NC 28465 Ph#910-278-5011 Complete for Satellite Systems that have a flow or capacity greater than 200,000 GPD(Average daily flow) 9. List any agreements or ordinances currently in place to address flows from satellite systems: See attached VI. COLLECTION SYSTEM COMPLIANCE: 1. Is a Response Action Plan currently in place(X) Yes or❑No 2. If Yes,submit a copy of the Response Action Plan or see table 6 below. 3. Is a pump station contingency plan currently in place?(X)Yes or❑No 4. If Yes,submit a copy of the pump station contingency plan or see table 6 below. 5. Is a comprehensive collection system map currently in place? (X)Yes or❑No 6. Submit a submit a copy of the collection system map(CD or hardcopy)or indicate a schedule for completion 7. Thorou hl read and review the S stem-Wide Collection System Permit Conditions. cal':; cwru. fiance schedule. re 1*errcdfircNIM rm a ir-ic.nts and MrinDWIR 'e. Any compliance dates must be included within the permit prior to issuance or the permit holder will be found in violation upon inspection. Current If no,Indicate a Typical Permit Condition Compliance Compliance Compliance? Date Schedule I(4)—Grease ordinance with legal authority to inspect/enforce (X)Yes ❑No 12—18 mo. I(5)— Grease inspection and enforcement program (X)Yes ❑No 12—18 mo. I(6)—Three to five year current Capital Improvement Plan. (X)Yes ❑No 12—18 mo. I(8)—Pump station contingency plan (X)Yes ❑No 3 mo. I(9)—Pump station identification signs. (X)Yes ❑No 3 mo. I(11)—Functional and conspicuous audible and visual alarms. (X)Yes ❑No 3—6 mo. II(5)—Spare pumps for any station where one pump cannot handle peak flows alone(in a duplex station,the 2nd pump is (X)Yes ❑No 6—9 mo. the spare if pump reliability is met). II(7)—Accessible rights-of-way and easements (X)Yes ❑No 6—12 mo. APPLICATION CSA 04-16 Page 5 of 5 II(9)—Response action plan with Items 9(a—h). (X)Yes ❑No 3 mo. III(3)—Comprehensive collection system map (X)Yes ❑No 10%per year For conditions not listed,compliance dates are not typically offered. List any permit conditions that may be difficult for the applicant to meet(attach clarification if needed): VII. APPLICANT'S CERTIFICATION per 15A NCAC 02T.0106(b): I, John Nichols,P.E. attest that this application for WQCS00284 (Signature Authority's Name&Title from Item I.4) (Facility name from Item I.1) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included,this application package will be returned to me as incomplete. Note: In accordance with NC General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed $10,000 as well as civil penalties up to$25,0 0 per v'olation.Signature: Date: `�2 ( 2Z' APPLICATION CSA 04-16 Page 6 of 5 BRUNSWICK COUNTY ADMINISTRATION BRUNSWICK COUNTY GOVERNMENT CENTER DAVID R.SANDIFER COUNTY ADMINISTRATION BUILDING 30 GOVERNMENT CENTER DRIVE,N.E. MAILING ADDRESS: BOLIVIA,NORTH CAROLINA 28422 TELEPHONE (910)253-2000 POST OFFICE Box 249 (800)442-7033 BOLIVIA,NORTH CAROLINA 28422 FAX (910)253-2022 July 30,2018 Mr. William L. Pinnix, P.E. Director of Engineering Mr.John Nichols,P.E., Director of Public Utilities Re: County Signatory Authority Dear Mr.Pinnix and Mr.Nichols: You are hereby authorized to sign the following permit applications and certification related documents: • NCDEQ-PWSS Water Permit Applications • NCDEQ-DWQ Sewer Permit Applications • NCDEQ-DWQ FTSE-04/16 Sewer Flow Tracking Applications • NCDOT Encroachment Permit Applications • County Letter(ref:contractor's bond)required for the NCDOT Encroachment Permit • Partial and/or Final Applicant's Certifications for Water Main Extensions • Partial and/or Final Applicant's Certifications for Sewer Main Extensions • NCDEMLR—Land Quality Sedimentation&Erosion Control Permit Applications(for County CIP projects) Please let me know if you have any questions. Sincerely, a,,,.._6. r4/34e/( Ann B. Hardy County Manager SEWAGE LIFT STATIONS Station Name SITE SCADA PUMP 1 PUMP 2 Model No. Model No. HP HP VOLTS A B C ph to PH Ph. GENSET Wet Well Location Physical Address Site No. PLC Polling Master OR PLC NAME MAKE MAKE PUMP 1 PUMP 2 MOTOR 1 MOTOR 2 PH PH PH Volts Rotation PH GPM PLUG Elevation(Top) _ CAROLINA SHORES PLANT Midiron Station Calabash TK CS SLS 1 MYERS MYERS WGL2(5iin IMP) WGL20{5.51N IMP) 2 Hp 21-io 230 v 120 120 NA 230V NA 1 40 GENSET 46.27 Carotins Shores 1 6 Mid-lino Cl- Tfh Feirway station Calabash TIP CS PLO 2 MYERS MYERS MY4VC1 50 52 4-4 3 3 5(10 1N IMP) MY4VC 150144d3-35(10 tN IMP) 15 15 460v 248 249 250- 480V CW 3 566 GENSET 48 46 Camtina Shores 2 8 Corn 6 Northwest Dr Removed Pumps i AFP1047ME18514(9.6IN IMP)I AFPt047ME18514(9.SIN IMP)I 17 4Hp I 17.4 Hp I Gate 6 _ Calabash TK CS SLS 3 MYERS MYERS WOO 20(5-5 IN IMP) WGL20(5 5IN IMP) 2 Hp 2 Hp 230v 120 120 NA -230V NA 1 40 SENSES -_51 75 Carolina Shores 3 11 Gate S Gate 2 Calabash TK CS SLS 4 MYERS MYERS WGL 20(5.5 IN IMPI WGL20(5.5 IN IMP) 2 Hp 2HP 230y 120 120 NA 230V NA 1 40 GENSET 50.10 Carolina 5horc 4 12 Gate 2 ABC station Calabash TK CS SLS 5 BARNES BARNES 4SE7524L 4SE75241, 7-5 HP 7.5 Hp 230v 120 120 NA 230V NA 1 250 GENSET 50.7 Carolina Shores 5 10201 Beach Dr [ HYDROMATIC I S4M750M2O9(81N IMP) I 7 5HP Gate 11 Calabash TX CS SLS 6 MYERS MYERS WGL 20(5 5 IN IMP) WGL20(S SIN IMP) 2 HP 2 HP 230V 120 120 NA 230 NA 1 40 GENSET 44.54 Carolina Shores 5 6 Gate 11 NW Dove station Calabash TK CS SLS 7 MYERS MYERS WGL 20(5.5 IN IMP; WGL20(5.51N IMP) 2 HP 2 HP 230V 116 116 196 231 CCW 1 40 GENSET 43,2? Carolina Shores 7 21 Northwest Dr CS Village station Calabash TK CS SLS 8 HYDROMATTC HYDROMATIC S4M500h13-6(BIN IMP) 54M500M3-6(81N IMP) 5 HP 5 HP 230V 120 120 209 240 CCW 3 250 GENSET 4465 Caroline Shores 8 18 Bounderyline Di NW Oceanside PI_station Calabash TK CS SLS 9 MYERS MYERS 4VC150M4-43(121N IMP) 4VClSOM4-43(121N IMP) 15 HP 15 HP 486V 273 274 270 478 CW 3 325 GENSET 41 72 Carolina Shores 9 399 Seneca St NOV S. Vh. { Meadowland station 1 Calabash TK CS SLS 10 BARNES BARNES 65E24044L(10.5IN IMP) 6SE24044L(10 SIN IMP) 24.5 HP 24 5 HP 480V 270v 271 270- 471v CCW 3 525 SENSES 26 14 Carolina Shores 10 757 Wild Oak Ln NW Swamp Fox station Calabash TK T CS SLS 11 MYERS MYERS 3WHVSOM4-21-25 .3WHV30t44 21.25 3Hp 3 HP 230V 121 121 NA 240V NA 1 325 GENSET 46.13 Carolina Shores 11 50 Swamp Fox Dr.CS Parkway station Calabash TK CS SLS 12 ABS ABS AFP1047.244 01130(4(9.581N IrMP) AFP1047244 h1130i4(9.SPIN IMP) 17 4 HP 17.4 HP 230V 119 120 210 233V CW 3 44U SENSE? 39.77 Carolina Shores 12 62 Carolina Shores Pkww Cedar Tree station Calabash TK CS SLS 13 MYERS MYERS 4WHV30M4-21 4WHV30M4-21 3HP 3HP 230V 120 120 NA 240 NA 1 250 SENSES 34 57 Carolina Shores 13 118 Cedar Tree Ln SW Saltaire station Calabash TA CS SLS 14 MYERS MYERS 4VH150M4-23(9 IN IMP) 4VH150M423(t OW IMPS 15 HP 15 HP 230V 120 120 210 - 238V CCW 3 325 GENSET 41.51 Carolinf Six rer 14 493 Deer Path Village of Calabash#1 station Calabash TK CS PLO 15 MYERS MYERS 4VH1504.14•23(91N IMP1 4VHl6069423(12iN IMP) 15 HP 15 HP 230 122 122 209- 243V CCW 3 325 GENSET 45.63 Carona Shores 15 1097 N.Ckrhveon La ' --- Village of Calabash#2 station Calabash TK a- CS SLS 15 MYERS MYERS 4VHi501.14-23(91N;MPI 4V`;150R94-23 1121N IMP) 15 HP 15 HP 230 119 119 212 238V CCW 3 325 PLUG 39 55 Carolina Shores 16 806 Watson Ave _r'v Bruns 1 Main Calabash TK _ CS SLS 17 MYERS MYERS 4 VC400N14-43(12)N IMP) 4VC400M4A3(121N IMP} 30 HP 30 HP 490V 269 264 265 - 470V CW 3 525 GENSET 3230 Carolina Shores 17 101 S.Middleton Dr NW Bruns 2 The Lakes Calabash TK CS SLS 18 HYDROMATIC HYDROMATIC S3HX200DC S3HX200OC 2 206V 121 121 121 203V CW 3 125 (SENSES 3263 Carolina Shores 13 88577 Redckft Dr NW I ,S3HXI50DC I 1.5 HP I Bruns 3 Smithfield Calabash TK I CS SLS 19 FLYGT FLYGT 112-170 140(262mm IMP 3137 170 140(262mn1 IMP) 75HP 7.5HP 203V 121 121 123 208V CW 3 95 SENSE? 34.66 Carolina Shores 19 8914 Smhtrteld Dr NW Bruns 4 Rosewood Calabash TK ^ CS SLS 20 HYDROMAT1C HYDROMATIC SNV1 30F,1-0)5-6251N IMP) 1 h.h1V150M-4(5.6231N IMP) 1.5 HP 1 5HP 208V 121 121 122 210V CW 3 125 SENSES 32.44 Carolina Stores 20 8905 Rosewad Ct NW Bruns b Moultrie _ Calabash TK CS SLS 21 HYDROMATIC HYDROMATIC SNV200M-66 I SNV200M-65 2 HP 2 HP 208V 120 113 121 _ 208V CW 3 80 GENSET 29,15 Carolina Shores.21 1180 Moultrie Dr Burns 6 Middleton Calabash TK CS PLO 22 MYERS MYERS 4R50M4-03-35 4R50M4-03-35 SHP 5HP 203V 119 121 121- 2013V CW 3 97 SENSE? 2666 Carolina Shores.22 539 S Middleton Dr NW Burns 7 Edenton Calabash TA CS SLS 23 MYERS MYERS 4V30M4 43 35 -(- 4V30M4-43-35 3HP 3HP 208V' 121 119 121 - 207V CW 3 80 GENSET 28.51 Carolina Stows 23 567 Covington Dr NOV Bruns 8 South Middleton Calabash TK CS SLS 24 MYERS MYERS 4P5744-43-35 4R50td4-03-35 SHP 5HP 206V 121 119 121 208V COW 3 GENSET 27.82 Carolina Shores 24_1072 N` W Mrddhtfon Dr N Bruns 9 Monmouth Calabash TK CS SLS 25 HYDROMATIC HYDROMATIC sirn.;3.4(5 .,. SNV13OM3-4 9 191N IMP 1.5 HP 1.5 HP 208V 122 121 123 ' 2081J CW 3 GENSET 31.96 Carolina Shores 25 207Monmouth Dr NW Crowcreek station Calabash TK CS SLS 26 MYERS MYERS - r rk14-43 30 HP 3G HP 480V 284 261 281 495V 3 GENSET I 34 66 Carolina Shores 26 240 South Crow Creek Dr NW Pealanding Monroe school Calabash TK CS 8LS 27 MYERS MYERS W„T 55 J._ WG50H.43-25 SIN It tP 5HP 5HP 430V 259 256 260 447V CCW 3 GENSE 1 43 79 Carolina Stares 27 280 Pea landing Rd NW CS W WTP In plant PS Calabash TK CS SLS 28 MYERS MYERS - 41.r s Mil • 3 GENSET 47.03 Carolina Shores 28 '1 County Way Farmstead 1 Calabash TK CS SLS 23 FLYGT BARNES 3102 18159(2691.11)1 IHP) 4XSCDI20054(285MM IMP) 23 HP 20 480v 279 277 282 482 COW 3 GENSET 2925 Carolina Shores 29 943 Calabash Rd NW FLYGT 1 3152.1615H(269MMIMP) I 23 HP Farmstead 2 Calabash TK CS SLS 30 _ 38.40 Carolina Shores 30 The Farm#1 Calabash TK CS SLS 31 FLYGT FLYGT 3152.161(269MM IMP) 3152.181(269MM IMP) 23HP 23HP 230V _ 3 GENSET 37,54 Carolina Shores 31 795 Haystack Way Meadowlands 2 Calabash TK CS SLS 32 FLYGT FLYGT HP3102.181 NP3102.181 - 5HP SHP 230V 3 GENSET 26.91 Carolina Shores 32 994 Meadowlands TO NW Brunswick Plantation Hamptons Calabash TK CS SLS 33 FLYGT FLYGT CP3201.130(345MIA IMP) 5F32O1.180(34551kt IMP) 50 HP 50 HP 460V 287 269 287 s 3 533/313 GENSET 39.15 Carolina Shores 33 8838 North Ba8our Dr NW Beacon Towers Calabash TK CS SLS 34 MYERS MYERS WG75HW 100l150 15 HP 15 HP 480V - 3 GENSET 37 76 Carolina Shores 34 250 Pilot House Dr Meadowland station 3 Calabash TK CS SLS 35 FLYGT FLYGT NP3102(465MM IMP) NP3102(465PotM IMPI 5HP 5HP 230 124 215 124 3 141 GENSET 29.28 Carolina Shores 35 634 Meadowsrook Ln NW The Farm#2 Calabash TK CS SLS 36 FLYGT FLYGT NP35S3SH'. NP3753SH. 23HP 23HP 230 124 215 125 248 3 179 GENSET 36.40 601 Fence Post Lri Spring Mill Plantation Calabash TK CS SLS 37 FLYGT FLYGT NP 3171.1810503 FLS IMP 277MM NF 3171 1610603 FLS IMP 277MM 35HP 35HP 460V 286 286 287 494 3 159 GENSET 39.43 - 2226 Sprtnpmill Plantation Skid,`1W Brunswick Plantation NW Calabash TK CS SLS 38 FAIRBANKS FAIRBANKS 4"O5435Vsin 1834460-1 4"D5435V sin 1834460-2 40 HP 40 HP 460 V 500 GENSET 9550 No 5 School Rd NW ST TRAIL PLANT SLS SITES - Calabash Calabash TK ST SLS 1 _ FLYGT FLYGT C3201,091(423Mh1IMP) (423MM IMP) 47 HP 47 HP 480V 284 285 285 496V CCW 3 400 GENSET 16.50 Sea Trail 1 1199 Raerverw Dr Hidden Valley Calabash TK ST SLS 2 MYERS MYERS WG75H 23-35(6 SIN IMP) WG75H 23-35{6 SIN IMP) 7.5 HP 7.5 HP 460V 287 285 286 439V CW 3 225 GENSET 29.63 Sea Trail 2 1129 Hidden Way Thistle Calabash TK ST SLS 3 FLYGT FLYGT MP3127 890HT(170MM IMP) MP3127.890HT(170MM IMP) 7.5 HP 7 5HP 480V 286 285 289 499V CCW 3 225 GENSET 43.38 Sea Trail 3 1808 Ofde Thistle Club Dr Thistle 2 Calabash TK ST SLS 36 FLYGT FLYGT NP3153.181 2761MP • NP3153 181 2761MP 23 HP 23 HP 460V 3 260 _SENSES - Cape Side Calabash TK ST SLS 4 FLYGT FLYGT MP3127-17OHT(170MM IMP) MP3127 170HT(17OMh9 IMP) 7.5 HP 7.5 HP230V 123 125 220 249V COW 3 225 GENSET 23,58 Sea Trail 4 1164 Sea Bourne Way Sea Trail Sunset Beach TK ST SOS 5 MYERS MYERS 4RH150M2-03 4RH1501,12-03 15 HP I 15 HP 208V 123 1221 124 _ 214V CW 3 GENSET 36.35 Sea Trails 144Avlan Dr Food Lion Sunset Beach TK ST SLS 6 MYERS MYERS ' 4CV200M(10 3/81N IMP) 4CV200M(10 343 IN IMP) 20 HP 20 HP 490 V 264-284 283 CW 3 350 GENSET 29.49 Sea Trail 6 7595 High Market St Bavaria Calabash TK ST SLS 7 _ FAIRBANKS FAIRBANKS 05432MV(9IN IMP) 0543211AV 15HP 15HP 480V 284 286 285 460V 3 143 GENSET 14.09 Sea Trail 7 - 9328 South River Tertace SW CommonsSunseCommons Calabash TK ST SLS 8 FLYGT FLYGT CP3127.181(248MM IMP) CP3127.151 10 HP 10 HP 460V 284 283 1 283 460V 3 365 GENSET 51.25 Sea Trail 8 939 Teaticket Im SW Walgreens Calabash TK ST SLS 9 MYERS MYERS WGL20(5.5in IMP) 4VGL20 2 HP 2HP - 230V 123 123 NA 246 _ 1 GENSET 41.35 Sea Trail9 848Sunset Blvd Waterway Landing Sunset Beach TK ST SLS 10 HYDROMATIC HYDROMATIC HPGH500M6 HPGH500M6 5HP 5 HP 208V 115 115 115 218V CCW 3 GENSET 14.85 Sea Trail 10 1137 Park Rd The Regency Calabash TK ST 5LS 11 FLOGS FLYGT NP3085.182 HT(151MM IMP) NP3102 060 3HP 5 203V , 124 124 124 3 123 GENSET 14.20 Sea Trail 12 911.Shorekn Dr W I FLYGT ,1 NP3085162 HT(151MN11MP),I Cobblestone Village Sunset Beach TK ST SLS 12 liberty Liberty LLSG 202M LLSG 262M1 2HP 2HP 230V 123 215 123 r 3 37 GENSET 18 66 Sea Trail 13 110 Bellwood Or The Pearl Calabash TK ST SLS 13 FLYGT FLYGT NP3153.161357,8s(274MM IMPI NP3153 131367,11s impeller 274 23 HP 23 HP 480 V 289 269 289 504 3 295 GENSET 13 10 Sea Trail 14 2000 Pearl Blvd SW The Colony 2 Calabash TK ST SLS 14 FLYGT FLYGT _ NP3171 HT(286MM IMP) NP 3171 HT 30 HP 30 HP 480V 283 284 285 - 3 516 GENSET 20 29 Sea Trail 15 910 Resort Cir Ocean Ridge Not Maintenance Sunset Beach TK ST SLS 16 MYERS MYERS 4VCX250M443(11in imp) 4VCX2501.14 43(11 rn 010 25HP 25HP ' 480V ' 3 , GENSET 27 34 Ocean Ridge 1 330 Big Cypress R SW Ocean Ridge No.2 Castlebrook Sunset Beach TK ST SLS 16 MYERS MYERS 4VC250-M4-43 4VC2504.14.43 25HP 25HP 460'0 680 GENSET 54.53 Ocean Ridge 2 6320 Castlebronk Way SW Meadow Ridge Calabash TK ST SLS 17 FLYGT FLYGT NP3127,180(195MM IMP) NP3127-180 7 5HP 7.5HP 480V 3 GENSET 45.08 596 Meadow Summit Dr Seaside Landing Sunset Beach TK ST SLS 18 FLYS? FLYGT CP5317.0909493 fls,fm(impeder 442) CPS3 1 7,0909493 fls_frn(Impeller 442) 30 HP 30 HP 480 285 285 286 498v 3 3t0 GENSET 19.90 sea trill Sis 1? 7265 Seashell Ln Oak Ridge -,-Sunset Beach TK ST SLS 19 ABS _ ASS PIRAHNA M25+2-M46(2D(6 3IN IMP) PIRAHNA M2512-M46.2D 6 31N IMP 5.5 HP 1 5 5 HP 68 2 GENSET 15.75 9088 Oak Ridge Plant bon Dr SW Light House Cove I Calabash TK ST SLS 20 MYERS MYERS MYWG75HH.03.35 MYWG75HH 03.35 7 5 7.5 208V 124 124 124 214v - 3 8E GENSET 44.44 59 Liohthorse Cove Loop I FLYGT 11P31271705156 FLS(216MM1 INUI127.17051i 11HP i Sabbath Lakes Calabash TK ST SLS 21 FLOGS BARNES HP3153.1812496.FLS(imp 463mm) 4XSCD1150N6(315MM IMP) 15 HP - 15HP 460V 285 285 285 492v 3 264 GENSET 38.82 54 Calabash Lakes Blvd Cobblestone Creek Sunset Beach TK ST SLS 22 MYERS MYERS 4V30M4-20-35 4V36M4-20-35 3HP - 3HP 208V 124 124 124 ' 3 SENSES 1718 Cobblestone Dr SW Sunset Ridge 1 Sunset Beach TK ST SLS 23 FAIRBANKS FAIRBANKS 5434MV(13.1251N IMP) 5434MV(13 1251N IMP) 25 HP 25 HP 3 750 GENSET 41.50 7082 Ascension Dr SW Sunset Ridge 2 Sunset Beach TK l ST SLS 24 FAIRBANKS FAIRBANKS _ 5432MV(9,7SIN IMP) 5432MV(9751N IMP) 5 HP 5HP 285 285 283 3 160 GENSET 32.40 Retreat at O1B Calabash TK ST SLS 25 FLYGT FLYGT NP3153 181 HT(263mm IMP) NP3153.181 HT(263min IMP) 15 HP 15 HP 460V - 3 200 GENSET 33.50 1384 ENsworth Dr SW Sunset Quarters Calabash TK ST SLS 26 FAIRBANKS FAIRBANKS D54S32MV(serial 157009-1) D545324V(serial 157009-0) 15HP 15HP 460V 3 150 SENSE? 16.90 91 Shoreline Dr E Seamist Ocean Isle Tk ST SLS 27 ABS ABS AFP 1O01.300 ME 35014 AFP 1001.300 ME 350/4 HP HP 460V , 3 300 _GENSET 15.00 4596 Devine Rd SW Wilson Ave Sunset Beach TK ST SLS 28 FLYGT FLYGT 3127.181(275mm IMP) 3127.181(275mm IMP} 35 HP 35 HP 460V 3 511 GENSET 13,13 1174 Wilson Ave _ Beach Road Calabash TK ST SLS 29 FLYGT FLYGT 3127.181(277mm IMP) 3127.181(277mm IMP) 35 HP 35 HP 460V 3 532 SENSE? 17 00 1282 Beach Dr !Waterway Cove ST SLS 30 FLYGT FLOGS NP3153.181 276MM Imp NP3153.161 276MM hop. 23HP 23HP 460V - 400 GENSET Brick Landing Main Point Sballotte TK ST SLS 31 FLYGT FLYGT ' SENSE? Brick Landing Colonist Square Point Shaltotte TK ST SLS 32 MYERS MYERS 4R50M4-03-35 4R50Ni4-03-05 5HP SHP 208V 3 GENSET Brick Landing Deer Field Point Shaliotte TK ST SLS 33 MYERS MYERS 4R56M4-03-35 4R50M4-03-35 5HP 5HP 203V 3 GENSET Brick Landing Fad Winds ( Point Shallotte TK ST SLS 34 MYERS '4559S, 4R50M4-03-35 4R50M4-03-35 5HP - 5HP 208V 3 GENSET Beaches at Brick Landing ST SLS 40 Calabash Town Carder ST SLS 35 FLYGT FLYGT 3102-161.1521 3102.181.1521 7.5HP 7.5HP 460V - 3 255 GENSET i3corgeTown 3 Char.-Way Kingfish Bay ST SLS 37 - GENSET Oyster Bay 1 ST SLS 38 MYERS MYERS 4R50M-4-03-53 4R5OM-4-03-53 5HP 5HP 206V 3 Oyster Point by Tennis Courts SB Island Vac-Station GENSET Shamrock Dr. T SLS 41 FLYGT FLYGT NP 3153SH3 NP 3153SH3 23HP 23HP 460V r r 5 3 Shamrock Dr. Oyster Bay 2 MYERS MYERS 4R30k+1-4-3-35 4R301,1-4-3-35 3HP 3HP 200V 3 SENSE? Colony Resort Cir Ocean Isle Beach Park WB WWTP SLS SITES [St James No,4 211 Plant WB SLS 1 FLYGT FLYGT NP3153 181(253rnm IMP)1755 rpm NP3153 181(253mm IMP}1755 rpm 15 HP 15 HP 460V 3_ 435 GENSET_ 3520 2753 Littleleot Trl St James traiiwood 211 Plant WB SLS 2 HYDROMATIC HYDROMATIC S41300 S4L300 30 HP 30 HP 208V 123 123 123 212V CW 3 525 GENSET 10.67 WBWW 2 2995 Tra9ymod Dr River sea plantion#1 West Brunswick WB SLS3 FAIRBANKS FAIRBANKS 05433MV III PIMP) 05433MV(ML61MP) 30 Hp 30 Hp 230V 123 123 212 244V 3 150 GENSET 14.52 WBWW 3 631 Asbury Dr SE River sea plantion 42 West Brunswick WB SOS 4 FAIRBANKS FAIRBANKS O5433MV 1l1 61MP) 05433MV(11.PIMP) 5 HP 5HP 80 GENSET 16.27 _ WBWW 4 505 Heatherside Dr SE Complex Jail House OMUB WB SLS 5 FLYS? FLYGT NP3171.180(277MM IMP) NP3171.180(277MM IMP) 35HP 35HP 480V 271 277 274 480V CW 3 300 GENSET 40.25 WBWW 5 Brunswick County Goon.Complex Complex Agriciture OMUB WB SLS 6 HYDROMATIC HYDROMATIC 54M750M44 S4M7501844 7.5HP 7.5HP 480V 277 273 277 480V CW 3 GENSET 40.11 WBWW 6 Brunswick County Gone.Complex I Bcc 1 Administrator Building West Brunswick WB SLS 7 FLYGT FLYGT NP3153.181(274MM IMP) NP3153.181(274MM IMP) 23 HP 23 HP 480V 280 282 278 244V CW 3_ 344 GENSET_ 23 63 WBWW 7 Old He 17 Brunswick Commuity College Bcc 2 Auditourium West Brunswick WB SLS 6 MYERS MYERS _ 3 HP 3 HP 230V 122 212 243V CW 3 1225 NO P 37.82 _ WBWW 8 Old Hwy 17 Brunswick Commodity College Holden Beach West Brunswick WE SLS 9 FAIRBANKS FAIRBANKS D5436MV(11.751N IMP) D5436MV(11 751N IMP) 150 HP 150 HP 480V 3 1100 SENSES 7.06 WBWW 9 1268 Cedar Landing Rd Winding River Main7Pond West Brunswick WB SLS 10 FAIRBANKS FAIRBANKS D5435MV(12.351N IMP) D54354,1V(12.35tN IMP) 60 HP 60 HP 480V 285 286 286 CW 3 1100 SENSE? 48.28 WBWW 10 1669 Leaning Pule Winding River No.1 West Brunswick WE SLS 11 MYERS MYERS 4WHV50M4 4WHV50M4 5HP 5HP 208V 124 124 124 214V CW 3 225 GENSET 41.79 Nl6VUW 11 1030 Lion Hill Rd SE Winding River No.2 West Brunswick WE SLS 12 MYERS MYERS 4VC2004 4VC2004 20 HP 20 HP 208V 123 123 123 213V CW 3 425 SENSE? 27.37 WBWW 12 Goley Hewett Rd.(Across Club Housed Bolivia School OMUB WB SLS 13 FAIRBANKS FAIRBANKS O5435MV 1111N IMP) D5435MV(111N IMP) 50HP 50HP 480V 3 453 SENSE?_ 40.55 WBWW 13 4036 Highway 17E-Business Complex school bus Not on SCADA WB SLS 14 ABS Piranha ABS.Piranha 51612 S16.2 2HP 2HP 208V 116 115 115 216V CW 3 37 GENSET 34.74 WBWW 14 Brunswick County Gov.Complex Brunswick Learning Center West Brunswick WB SLS 15 ABS ABS AFP1049(9.961N IMP) AFP1049)9.96IN IMPI 25 HP 25 HP 480V 3 283 SENSE? 47.26 1119 Old Ocean Hwy Boons Neck West Brunswick WB SLS 16 FAIRBANKS FAIRBANKS D5424(121N IMP) O5434(121N IMPI 150HP 150HP 480V 284 284 288 3 807 GENSET 21 91 3540 Windy Point Rd SW Mill Creek Core West Brunswick WE SLS 17 FLYGT FLYGT NP3202.180(467MM IMP) NP3202.180(467N1M IMP) 45HP 45HP 450V 278 277 280_ 3 956 GENSET 44.82 2330 Sunset Harbor Rd SE ST.James Main/Pond West Brunswick WE SLS 18 FAIRBANKS FAIRBANKS D5436MV(13.25IN IMP) D5436MV(13.251N IMP) 125HP 125HP 480V 1394 GENSET 33.43 3440 St James Dr WBR Drip site-Not a PIS West Brunswick WE SLS 19 - - 806 By Pass Way NE Palmetto Creek West Brunswick WB SLS 20 FLYGT FLYGT NP3202.180(340MM IMP) NP3202 1801340MM IMP) 60 HP 60 HP 430 V 288 288 287 , 3 470 GENSET 24.54 _ 1203 Old Lennon Rd Live Oaks West Brunswick WB SLS 21 FLYGT FLYGT MP3102(155MM IMP) NIP3102(155MM IMP} 5HP 5HP 240V 124 214 124 , 3 49 GENSET 20.07 2051 Ferry Landing Dr SW Richmond Hill West Brunswick WB SLS 22 FLYGT FLYGT m)31 53-1 8121 1 1,Oo//opener 276 - np3153,1812111.fls impeller 276 23 HP 23 HP 430V 286 286 288 _ 502 3 180 SENSE? 41.32 WBWW SLS 22 81 Port Charles Dr South Atlantic Oncology WB SLS 23 HYDROMATIC HYDROMATIC 2 hp 2 HP _ 17.40 WBWW SLS 23 547 Ocean Hwy W Caison's Creek West Brunswick WB SLS 24 FLYGT FLYGT NP3171.1810606 Os (275mm hop) NP3171-1810606Os(275mm imp) 35HP 35HP 460V 286 285 285_ 497 3 342 SENSE? 11 30 1812 Calson's Creek Dr Stone Chimney Main West Brunswick WE SLS 25 FLYGT FLYGT C3170 442MT-Imp(1750rpm) C3170 442MT-1mp(1750rpm) 30 HP 30 HP SENSES 20.70 200 Stone Chimney Rd 211 Hardens West Brunswick WB SLS 26 FAIRBANKS FAIRBANKS D5433MV(NA)12'-imp(1151rpm) 05433MV(NA)12"-imp(t 15trpm) 15 HP 15 HP - GENSET 41.00 40 Green Swamp Rd Goose Marsh 1 OMUB WE SLS 27 FLYGT FLYGT CP3300.181HT(335MM IMP) CP3300.181HT(335MM IMP 88 HP 88 HP 460V ) 420 GENSET 19.98 665 Ashvnle On SE Doe Creek 1 West Brunswick WE SLS 28 FLYGT FLYGT NP3153.181 21041MP274 176MM NP3153.161 2104 IMP274 176MM 23 HP 23 HP 460V 263 281 286 3 642 GENSET 12.00 598 Sanctuary Point SW Doe Creek 2 _ West Brunswick WE SLS 29 FLYGT FLYGT NP3102.181 IMP464 162MM NP3102.181 IMP464 162MMA 5HP 5 HP 460V 285 286 286 3 176 _GENSET 10.00 307 Levies Landing SW Brookstone OMUB WB 515 30 FAIRBANKS FAIRBANKS D5436MV - D5436MV 60 HP 60 HP _ 3 492 GENSET 38.81 2227 Brookstone Dr SE _ St.James No.2 West Brunswick WE SLS 31 FLYGT FLYGT NP3153.181(239 min imp) NP3153.181(239 min imp) 15 HP 15HP 450V _ 3 700 GENSET 58 50 2939 Pin Forest Dr St.James No.3 Went Brunswick WB SLS 32 FLYGT FLYGT CP3300/665{370 min imp) CP33007665(370 min imp} 130HP 130HP 460V _ 3 1875 GENSET 3627 Oceanic Dr Dolphin Shores West Brunswick WB SLS 33 FLYGT FLOGS NP3153 181 SH(161 min imp) NP3153 181 SH(161mm imp) 23 HP 23 HP 460V 3 79 SENSES 2282 Dolphin Shores Dr SO/ BRUNSWICK COUNTY PUBLIC UTILITIES OPERATIONS CENTER 250 GREY WATER ROAD NE SUPPLY,NORTH CAROLINA 28462 MAILING ADDRESS TELEPHONE P.O.Box 249 (910)253-2657 BOLIVIA,NORTH CAROLINA 28422 FAx (910)253-4305 WQCS 00284 -High Priority Lines The County has identified the following lines as high priority lines and subject to inspection every six months: 1) Navassa Road (sub-waterway crossing) 12" HDPE sewer force main under Sturgeon Creek 2) Hwy. 211 (sub-waterway crossing) 18" HDPE sewer force main under the Lockwood Folly River 3) Hwy. 17 S. (sub-waterway crossing) two 6" Ductile Iron sewer force mains under Persimmon Creek 4) Carolina Shores Utility Easement (parallel to stream bank) 8" and 6" PVC sewer force mains 5) Devaun Park (sub-waterway crossing) 6" HDPE sewer force main under the Intercoastal Waterway 6) Beach Drive (sub-waterway crossing) 6" HDPE sewer force main under the Calabash River 7) Sunset BLVD (sub-waterway crossing) 10" HDPE sewer force main under the Inter- coastal Waterway RECEIVED APR 1 2 2021 NCDEQIDWR/NPDES (1 ) o9TH C go`\�Q, Department Name:Collection Division COUNTY OF BRUNSWICK Department Code:627220 Fiscal Year 2020-2021 Budget Budget Manager:Director of Public Utilities 2020 2020 2020 2021 2020 Original Actual %Received/ Increase 2021 2021 Prior Years Actuals Amended Budget @ @ Expended @ (Decrease) Manager Board Dept.# Item# Description 2018 2019 Budget 7/1/19 12/31/2019 12/31/2019 Requested Recommend Approved 627220 371402 Taps And Connections 1,744,695 - - - - 0% - - - - NO LONGER IN THIS BUDGET FY20 data This ison form 1 2 unitsper unit basedb os.8 3 x 12 x 6.00u t($585K)thru halfthe$ year. Projection J 0 627220 371415 Grinder Pump Maintenance Fee 522,233 554,590 550,000 550,000 289,977 53% 628,000 78,000 600,000 600,000 to add additional 600 thru FY 21($43K). 627220 383900 Miscellaneous Revenues 1,455 0% - - - - 627220 383913 Insurance Refund 6,325 - - - - 0% - - - - 627220 383961 Other Sales and Services 46,687 26,007 15,000 15,000 9,805 65% - (15,000) - - No revenue expected as City of Northwest is now County customer Add New Revenue Line Item In Space Below: 627220 0% - - - - 627220 0% - - - - Total Revenues 2,319,939 582,052 565,000 565,000 299,782 53% 628,000 63,000 600.000 600.000 627220 412100 Salary&Wages-Regular 1,041,292 834,493 902,904 902,904 445,993 49% . " "� '`' ":" 148,624 919.159 919,159 This covers the annual salaries of the divisions personel.Increase for additonal employees 627220 412200 Salaries&Wages-Overtime 179,692 251,182 130,000 130,000 60,630 47% (120,000) 10.000 10,000 Scheduled Overtime 627220 412203 Salaries&Wages-Pager on Call 28,936 27,592 26,000 26,000 11,966 46% - 26,000 26.000 Estimated 3 employees per week. 627220 412204 Salary&Wages-Call Back - - - - - 0% 120,000 120,000 120,000 Unscheduled Overtime. 627220 412400 Salary&Wages-Wage Adj - - - - - 0% - 627220 412600 Salaries&Wages-Temp/Part - - - - - 0% - - - 627220 412700 Salary&Wages-Longevity 11,479 8,552 9,605 9,605 8,892 93% ~; (528) 9,077 9.077 As Provided by Finance 627220. 412990 Salary and Wages Reimbursements - - - - - 0% - - - - 627220 417100 Board Meeting Fees - - - - - 0% - - - 627220 418100 FICA 93,295 81,123 81,741 81,741 38,799 47% 11,329 82.944 82,944 As Provided by Finance 627220 418200 Retirement 158,314 144,925 149,698 149,698 73,895 49% 35,348 164,804 164.804 As Provided by Finance 627220 418300 Health Insurance 203,988 134,573 153,216 153,216 70,865 46% 25,974 154,755 154,755 As Provided by Finance 627220 418301 Retired Emp Health under 65 - - - - - 0% - - - - 627220 418302 Medicare Suppnt&Pharmacy - - - - - 0% - - - - 627220 418303 Workers Compensation Insurance - - - - - 0% - - - - 627220 418304 Unemployment Insurance 69 - - - - 0% - - - - 627220 418306 Life Insurance 1,455 846 1,900 1,900 417 22% >. 300 As Provided by Finance 627220 418310 Dental Insurance - 7,108 5,472 5,472 2,554 47% 2,184 As Provided by Finance 627220 418400 Disability&Long-Term Ins 3,299 3,087 2,980 2,980 1,343 45% 490 As Provided by Finance 627220 418900 Fringe Benefits Reimbursements - - - - - 0% - - - - 627220 421200 Uniforms 15,117 14,221 15,200 15,200 6,509 43% 15,200 - 15,200 15,200 22 FTE's Uniform Rental This is to purchase chemicals and degreaser for sewer lift stations.Cost of conversion of the St James Main to 627220 421300 Chemicals 45,783 25,054 50,000 50,000 18,074 36% 50,000 - 50,000 50,000 Hydrogen Peroxide($42K)to replace existing chemical injection system. This covers the cost of shots for collections personnel.Increase due to 2 additonal employees for ARV crew.3 627220 423802 Drugs-HBV 338 220 300 300 - 0% 1,200 900 1,200 1,200 shots per employee($1,200). This covers the cost of fuel for collections division equipment and trucks.Increase for 3 additional employees 627220 425100 Motor Fuels 82,869 73,985 51,000 51,000 26,798 53% 57,000 6,000 57,000 57,000 in ARV Group(average fuel cost per employee$3k per year) 627220 425101 Fuel-Emergency Generator - - - - 5,645 0% 20,000 20,000 20,000 20,000 $10,000 in expenditures as of 2-14-20,New expenditure was tracked through l&E previously. 627220 426000 Supplies and Materials - 5,464 2,353 4,800 4,800 2,272 47% 4,800 - 4,800 4,800 This covers daily supplies,materials used throughout the year(office supplies,printer cartridges,etc.) This covers the cost to purchase and replace supplies used to complete the daily task.Hardware,PPE,fittings, 627220 426002 Departmental Supplies 23,677 20,515 18,200 18,200 7,396 41% 18,200 - 18,200 18,200 small hand tools and solvents. This covers the cost to purchase and replace equipment used to complete the daily task of the division.Power tools,Hand tool kits,ladders,chainsaws, truck equipment,OSHA approved fuel cans,etc.Portable eyewash 627220 426100 Equipment Less Than$500 9,375 4,534 3,050 4,750 1,171 38% 7,500 2,750 7,500 7,500 station($300).Safey Harnesses($900),Portable work signs($1,000) moved from Safety Equipment Request This covers the cost to purchase and replace equipment used to complete the daily task of the division.Power ` _ tool kits,Hand tool kits,truck equipment,all groups use power battery tools that see harsh duty,this provides 627220 426200 Operating Equip$500-$4,999 12,171 11,196 9,700 8,000 1,685 17% n �3 3,950 _. _ ,, 1a :z � � for these replacements. Two tablets will be needed for field crews to access ARCG IS.Increase due to addition of two employees for 627220 426205 Computers-$500-$4,999 - - 2,475 - 2,577 104% 12,000 12,000 6,000 6,000 the ARV crew. MIS recommends several other computer replacements 627220 431100 Travel-Mileage 179 46 500 500 6 1% - (500) - - This covers the cost for travel needed for the division training. 627220 431200 Travel-Subsistence 12,426 4,447 6,500 6,500 1,909 29% 4,000 (2,500) 4,000 4,000 This covers the cost for food and hotels needed for the division training. 627220 431500 Travel-Registrations 6,051 1,901 2,800 2,800 405 14% 2,400 (400) 2,400 2,400 This covers the cost for schools registation needed for the division training. 627220 432100 Telephone 1,174 3,030 1,600 1,600 262 16% 3,000 1,400 3,000 3,000 This covers the cost for new or replacement telephone's,auto dialers,annual fees 627220 432150 Cell Phone Reimbursement 14,575 12,193 12,350 12,350 5,800 47% 14,300 1,950 14,300 14,300 22 FTE's x 26 pay periods x$25 per pay period. 627220 432500 Postage 91 101 100 100 44 44% - (100) - - This amount cover the cost of the divisions pump station electrial usage. Additional increase this year due to rate increase projection from Brunswick Electric of 4%,5 Navassa pump stations($12k),and Northwest Pump 627220 433100 Electricity 343,024 353,077 300,000 300,000 175,276 58% 448,000 148,000 448,000 448,000 Station($72k). This is based on current amounts used at all pump stations and the cost to operate the odor control systems. 627220 433400 Water 9,065 10,189 10,000 10,000 5,649 56% 15,000 5,000 15,000 15,000 Increase for additional stations that need water added to meet requirements for preventive maintenance. 627220 435100 Repair and Maint-Building - 19 - - - 0% - - - - No longer utilized-Remove 627220 435102 Repair and Maint-Grounds 6,356 6,780 - - 208 0% - - - - No longer utilized-Remove 627220 435200 Repair and Maint-Equipment 309,363 243,775 228,092 275,000 122,207 54% - (275,000) - - 2020 2020 2020 2021 2020 Original Actual %Received/ Increase 2021 2021 Prior Years Actuals Amended Budget @ @ Expended(a (Decrease) Manager Board Dept.# Item# Description 2018 2019 Budget 7/1/19 12/31/2019 12/31/2019 Requested Recommend Approved "' '" .Y"` `" Line Yam Jitstificati+ " This represents the cost of pipe,repair fittings and materials needed to maintain the amount of sewer lines in service($30,000).Large focus on repair and replacement of ARV Valves@$800.00 a Unit,along with valve excercising(possible replacement).Increase due to known issues along 24"FM with Air Release valve issues. 627220 435202 Repair and Maint-Pipe 37,470 21,909 68,367 75,000 11,854 17% 125,000 50,000 125,000 125,000 50 ARV's($45000.00)25 Quazite boxes 24x36($38000.00)Stainless steel fittings and valves($15000.00) This covers the cost of repair and maintenance of electrial equipment for the divisions 155 pump stations. Generators,Transfer Switches and pump panels,scada. 5 SCADA tower improvements to improve 627220 435203 Repair and Maint-Instrument 126,614 103,405 121,335 120,000 61,637 51% 170,000 50,000 170,000 170,000 communication-($50k) 627220 435208 Repair and Maint-Roadways 11,317 10,313 10,000 10,000 472 5% 3,000 (7,000) 3,000 3,000 Repair of pavement as needed from constuction activities 627220 435209 Repair and Maint-Other Utili 996 2,174 2,000 2,000 - 0% - (2,000) - - This cover the cost to cover damage to others caused by repairs. This covers the cost to repair or replace existing and projected grinder pumps within the system.Increase fro 627220 435211 Repair and Maint-Grinder Pum 448,917 420,740 550,000 550,000 222,911 41% 575,000 25,000 575,000 575,000 the additional 600 grinders installed this FY plus projections for next year(600) Number and age of pump stations(154)results in additional maintenance,repair or replacement of pumps and related equipment.The cost of repairs is mitigated by utilizing county staff for repairs both minor and major. Larger size pump replacement can cost in excess of$60,000.Also based on previous year expenditures and life cycle of equipment. 627220 435212 Repair and Maint-Pump Statio 35,437 35,181 125,000 125,000 86 0% 125,000 - 125,000 125,000 627220 435224 R and M-LCFWSA Raw Wate (630) (480) - - - 0% - - - - This covers the cost to repair all the division's vechicles.Increase due to additonal two employees for ARV 627220 435300 Repair and Maint-Vehicles 40,253 37,539 26,000 26,000 12,222 47% 35,000 9,000 35,000 35,000 crew.($27,500 spent through 2-14-20) 627220 436000 Freight 477 200 300 300 - 0% 200 (100) 200 200 627220 439100 Advertising 415 - 100 100 90 90% 100 - 100 100 This is expected to be used only when mandated to Advertise Notices. This covers the cost for Contract Instructors for specialized training needed within the Department. Crane 627220 439500 Training Expenses 6,426 3,071 3,525 6,000 80 2% 19,000 13,000 19,000 19,000 Certifications$16k This covers the cost of annual sewer line cleaning(10%of system)and inspection of 71,000 ft X$1.88 ft 627220 439900 Contract Services 102,921 118,755 143,313 139,500 60,909 43% 139,500 - 139,500 139,500 ($133K), certification's for all cranes($6.5K) 627220 441400 Rent of Equipment 8,537 5,283 5,000 5,000 272 5% 3,500 (1,500) 3,500 3,500 This cover the cost to rent equipment needed that the division does not have. ' 627220 444000 Service and Maint Contracts 288,229 300,233 300,000 300,000 144,259 48% 300,000 - 300,000 300,000 This covers the cost of treatment of the Caswell Beach flow to Oak Island. This covers the cost of Membership Dues to North Carolina AWWA and other Organizations that provide 627220 449100 Dues 2,060 1,869 650 650 860 132% - (650) - - training and support to the group. 627220. 449300 Fines 638 - - - - 0% - - - - 627220 449900 Miscellaneous Expense 957 928 1,000 1,000 - 0% - (1,000) - - 627220 449912 PY FEMA Event 1 - 582,383 - - 6,980 0% - - - - 627220 449913 CY FEMA Event I - - - - 118 0% - - - - 627220 449925 Transmission System 0 and M (307,000) (315,000) (323,000) (323,000) (159,000) 0% (327,000) (4,000) (327,000) (327,000) From NEWWTP$148k,From West Brunswick$179k 627220 454000 Vehicles On Road 81,596 97,409 219,000 219,000 136,241 62% 133,000 (86,000) - - 627220 454500 Vehicles Off Road - - - - - 0% - - - - 627220 455000 Equipment 196,116 26,699 81,088 - 73,956 91% 24,500 24,500 12,500 12,500 Portable Generator($6,000),Trailer to transport Track hoe($12,000). 627220 458000 Buildings - - - - - 0% - - - - 627220 459000 Improvements - - 149,300 50,000 11,300 8% 894,000 844,000 894,000 894,000 627220 459601 Tap on Supplies 1,146,375 - - - - 0% - - - - Add New Expenditure Line Item In Space Below: Personnel Retrieval Device($6,500)moved to 455000,Safey Harnesses($900)moved to 426100,Fresh Air Blower($850)moved to 426200,Portable eyewash station($300)moved to 426100,Portable work signs 627220 Safety Equipment 0% - - - - ($1,000)moved to 426100,Confined Space Manhole guard($600)moved to 426200 to support ARV group. 627220 0% - - - - 627220 0% - - - - 627220 0% - - - - 627220 0% - - - - 627220 0% - - - - Total Expenditures 4,847,041 3,733,726 3,663,161 3,531,166 1,684,494 46% 4,591,587 1,060,421 4,249,085 4,249,085 Revenues Over(Under)Expenditures (2,527,102) (3,151,673) (3,098.161) (2.966.166) (1.384,712) (3,963.587) (997.421) (3.649.085) ######## Brunswick County Budget Worksheet Capital&Major Operating Request Form Fiscal Year 2020-2021 Common Codes 426200 Major Operating 426205 Computers-$500-$4,999 451000 Furniture/Office Equipment Department Name:Collection Division 454000 Vehicles On Road Department Code:627220 454500 Vehicles Off Road 455000 Equipment 458000 Buildings 459000 Improvements Requested Recommended Approved Order of Indicate the 6 or Total Cost Total Cost Total Cost Priority- Description of Major Operating or D.i,it Vehicle Major Total Cost Major Total Cost Major Total Cost Capital Outlay(Indicate if #of Capital #of Capital #of Capital starting Number of all I nit Cost Operating Operating Operating Replacing(R)Vehicle or Units' Outlay units Outlay units Outlay > with Equipment) vehicles Being $500 to >$5,000 $500 >$5 000 $500 to $5,000 greatest Replaced $4,999 to$4,999 $4,999 1 454000 F550 Service Truck(ARV Crew) I 87,000 $ $ 87,000 0 $ $ - 0 $ - $ - 2 426200 Power tool kits 6 850 5,100 - 3 2,550 - 3 2,550 - 3 454000 Truck ARV crew l 46,000 - 46,000 0 - - 0 - - 4 426200 Multi Gas Detector 1 1,000 1,000 - I 1,000 1 1,000 - 5 426200 Hydrostatic Test Pump 1 2,800 2,800 - I 2,800 I 2,800 - 6 426200 Gas water pump 1 1,000 1,000 - I 1,000 I 1,000 - 7 426200 Portable air compressor 1 600 600 - I 600 - I 600 - 8 455000 Trailer for Mini Excavator 1 12,000 - 12,000 0 - - 0 - - 9 455000 Portable Generator 1 6,000 - 6,000 1 6,000 1 - 6,000 10 426205 2 Tablets,2 computers 4 3,000 12,000 2 6,000 - 2 6,000 - 11 459000 Brunswick 1&2PS Rehab 2 80,000 - 160,000 2 160,000 2 - 160,000 12 459000 Brunswick 8 Middleton PS Rehab 1 80,000 - 80,000 1 - 80,000 1 - 80,000 13 459000 Oceanside Place PS Rehab 1 80,000 - 80,000 1 - 80,000 1 - 80,000 14 Coat wet well,Replace piping.pump rails systems. - - - - - - 15 459000 Ocean Ridge PS Rehab 1 340,000 - 340,000 1 - 340,000 1 - 340,000 May bypass 16 459000 Navassa Collection System Repairs 1 234,000 - 234,000 1 - 234,000 1 - 234,000 17 455000 Personnel Retrieval Device SE I 6,500 - 6,500 1 6,500 I - 6,500 18 426200 Fresh Air Blower Safety Equip. 1 850 850 - 1 850 - 1 850 - 19 426200 Confined Space Manhole Guard SE 1 600 600 - 1 600 - 1 600 - 20 - - - - - - 21 - _ - - - - 22 - - _ - - - 23 - - _ - - - 24 - _ - - - - 25 - _ Total Major Operating&Capital Outlay $ 23,950 $1,051,500 $ 15,400 $ 906,500 $ I5,400 $ 906,500 Instructions: Complete this form for new or replacement office furniture and/or equipment,rolling stock(vehicles),equipment and improvements, including tax and freight. Please complete in the order of priority starting with number(1)as the greatest priority. Please justify all outlay requested on the Line Item Justification Budget Worksheet,disclosing what would be the consequence if the item is not acquired or replaced. Unit cost is inclusive of installation costs,freight,sales tax and vehicle license fees. `- - --- BRUNSWICK COUNTY CAPITAL IMPROVEMENT PLAN APPROVED Project Project Project Prior to Prior to Number Manager Category FY 2020 FY 2020 FY 2021 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Totals On the Wastewater Capital Improvement Plan-Projects Horizon Northeast Brunswick Regional WWTP 2.5 MGD Expansion Project 448269 CIP Manager Plant Capacity $ 1,324,722 $ 44,390,249 $ 45,714,971 $ - $ - $ - $ - $ - $ 45,714,971 $ - Northeast Brunswick Regional East Transmission Main Project:448270 CIP Manager Transmission 4,122 3,612,875 3,616,997 - - - - - 3,616,997 - Northeast Brunswick Regional West Transmission Main Project 448271 CIP Manager Transmission - 2,891,839 2,891,839 - - - - - 2,891,839 - WBR W WTF Plant Expansion- MGD TBD Project 448268 CIP Manager Sewer - - - - - - - - - - Enterprise Funded Low Pressure Main Extension Project NEW CIP Manager Main Extension - 185,820 185,820 - 167,000 833,000 170,000 900,000 2,255,820 - Capital Ocean Ridge Reclaimed Water Main Project:NEW Public Utilities Director Improvement - - - - 1 71.000 1,705,000 - - 1,876,000 - Capital Sea Trail WWTP Improvements Project NEW Project Coordinator Improvement - - - 860,000 - - - - 860,000 Capital Transmission System Upgrades Project: NEW CIP Manager Improvement - - - - - - 114,000 1,136,000 1,250,000 - Capital NC 211 Industrial Park Sewer Project NEW Project Manager Improvement - - - - - - - - - 1,756,500 Capital Angels Trace Force Main Upgrades Project NEW Force Mains Improvement - - - - - - - - - 697,000 Transmission Midway Rd to WB Treatment Facility Project NEW CIP Manager Transmission - - - - - - - - - - Total Wastewater Capital Improvement Plan $ 1,328,844 $ 51,080,783 $ 52,409,627 $ 860,000 $ 338,000 $ 2,538,000 $ 284,000 $ 2,036,000 $ 58,465,627 $ 2,453,500 Collection&Transmission Totals $ 167,000 $ 833,000 $ 284,000 $ 2,036,000 FI373.20, 0 5-Year Total Wastewater Capital Improvement Plan-Sources Capital Reserve - 185,820 185,820 860,000 167,000 347,180 - - 700,000 - Debt Proceeds 4,122 6,504,714 6,508,836 - - - - - 6,508,836 - Grant - - - - - - - - - - Other(other utilities and NCDOT Reimbursement) 1,324,722 44,390,249 45,714,971 - - - - - 45,714,971 - Special Assessment Revenue(Reserve advance funded) - - - - - - - - - - Pay-Go - - - - 171,000 2,190,820 284,000 2,036,000 4,681,820 2,453,500 Total Wastewater Capital Improvement Plan Sources $ 1,328,844 $ 51,080,783 $ 52,409,627 $ 860,000 $ 338,000 $ 2,538,000 $ 284,000 $ 2,036,000 $ 58,465,627 $ 2,453,500 1 BRUNSWICK COUNTY CAPITAL IMPROVEMENT PLAN APPROVED Project Project Project Prior to Prior to Number Manager Category FY 2020 FY 2020 FY 2021 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Totals On the Wastewater Capital Improvement Plan-Projects Horizon Northeast Brunswick Regional WWTP 2.5 MGD Expansion Project:448269 CIP Manager Plant Capacity $ 1,324,722 $ 44,390,249 $ 45,714,971 $ - $ - $ - $ - $ - $ 45,714,971 $ - Northeast Brunswick Regional East Transmission Main Project:448270 CIP Manager Transmission 4,122 3,612,875 3,616,997 - - - - - - 3,616,997 - Northeast Brunswick Regional West Transmission Main Project:448271 CIP Manager Transmission - 2,891,839 2,891,839 - - - - - 2,891,839 - WBRWWTF Plant Expansion- MGD TBD Project:448268 CIP Manager Sewer - - - - - - - - - - Enterprise Funded Low Pressure Main Extension Project:NEW CIP Manager Main Extension - 185,820 185,820 - 167,000 833,000 170,000 900,000 2,255,820 - Capital Ocean Ridge Reclaimed Water Main Project NEW Public Utilities Director Improvement - - - - 1 71,000 1,705,000 - - 1,876,000 - Capital Sea Trail WWTP Improvements Project:NEW Project Coordinator Improvement - - - 860,000 - - - - 860,000 Capital Transmission System Upgrades Project: NEW CIP Manager Improvement - - - - - - 114,000 1,136,000 1,250,000 - Capital NC 211 Industrial Park Sewer Project: NEW Project Manager Improvement - - - - - - - - - 1,756,500 Capital Angels Trace Force Main Upgrades Project: NEW Force Mains Improvement - - - - - - - - - 697,000 Transmission Midway Rd to WB Treatment Facility Project:NEW CIP Manager Transmission - - - - - - - - - - Total Wastewater Capital Improvement Plan $ 1,328,844 $ 51,080,783 $ 52,409,627 $ 860,000 $ 338,000 $ 2,538,000 $ 284,000 $ 2,036,000 $ 58,465,627 $ 2,453,500 Collection&Transmission Totals $ 167,000 $ 833,000 $ 284,000 $ 2,036,000 $ 3,320,000 5-Year Total Wastewater Capital Improvement Plan-Sources Capital Reserve - 185,820 185,820 860,000 167,000 347,180 - - 700,000 - Debt Proceeds 4,122 6,504,714 6,508,836 - - - - - 6,508,836 - Grant - - - - - - - - - - Other(other utilities and NCDOT Reimbursement) 1,324,722 44,390,249 45,714,971 - - - - - 45,714,971 - Special Assessment Revenue(Reserve advance funded) - - - - - - - - - - Pay-Go - - - - 171,000 2,190,820 284,000 2,036,000 4,681,820 2,453,500 Total Wastewater Capital Improvement Plan Sources $ 1,328,844 $ 51,080,783 $ 52,409,627 $ 860,000 $ 338,000 $ 2,538,000 $ 284,000 $ 2,036,000 $ 58,465,627 $ 2,453,500 JgWICK C �+ ,f,, 4: 14..e.. 1 00 It141;9 Bcpu 1 Response Action Pan _..., .4, R ,fin. •f1. • k ��,' .- _ . l ri „• ".ice . ,' - Yokli ,. t•'i��yl. ' i ylh.1 tl PY $ 1 � 1 a f i , .,, . . i ' i BCPU SSO Response Action Plan Page 1 CONTENTS SECTION I. Purpose II. Objectives III. Procedures A. Receipt of Information Regarding a Sanitary Sewer Overflow B. Dispatch of Sewer Maintenance Personnel to Site of Sewer Overflow C. Overflow Correction,Containment, and Clean Up D. Overflow Report E. Customer Satisfaction IV. SSO Response Plan Maintenance I. Purpose This Sanitary Sewer Overflow Response Plan has been prepared in accordance with DWQ.The purpose of this SSO Response Plan is to ensure proper SSO reporting and minimize the adverse effects that may be caused by a Sanitary Sewer Overflow. H.Objectives The objectives of this plan are listed below: > To protect the public health and the environment ➢ To meet regulatory and permit requirements ➢ To develop and implement procedures to mitigate the effects of an SSO. ➢ To protect collection system and wastewater treatment personnel > To ensure the longevity of the collection system and wastewater treatment plant equipment BCPU SSO Response Action Plan Page 2 ➢ To protect both public and private property ➢ To minimize regulatory enforcement and/or penalties,resulting from a spill/SSO ➢ To provide appropriate customer service III.Procedures A. Documentation of Information Regarding a Sanitary Sewer Overflow Sanitary Sewer Overflow's may be recognized and reported by system personnel or by others. The System is responsible to act, in a timely manner,to all reports of a possible SSO. Reports may be received via telephone, email,or by other means. 1. Typically reports received from the public will be received through BCPU offices.Personnel collecting information regarding a possible SSO,please obtain the following: a. Time and date call were received b. Specific location of SSO c. Description of problem in detail d. Time possible overflow was noticed and time of call e. Reporter's name and phone number and any pertinent information from the reporter g. Any system information that will help BCPU personnel to quickly locate,assess and stop the overflow 2. ORC or back-up ORC's will be notified when a possible spill is reported. Utility ORC must confirm the spill before it will be considered an SSO.Only after confirmation by BCPU personnel will a spill be considered an SSO. 3. Within 24 hours of a confirmed Sanitary Sewer Overflow,NC DEQ will be contacted to ensure proper reporting is conducted. DEQ regular hours#910-796-7215/afterhours-24hr reporting#800- 858-0368. Rule Highlights > Spills/Sanitary Sewer Overflows less than 1,000 gallons that are contained and don't reach any form of water body must be reported to the Superintendent/Supervisor immediately ➢ Spills/Sanitary Sewer Overflows that endanger public health or the environment must be reported to NC DEQ within 24 hours of learning of the spill/SSO. > Spills/Sanitary Sewer Overflows less than 1,000 gallons must be documented on an in-house reporting form within 24 hours of learning of the spill/SSO. B. Dispatch of Sewer Maintenance Personnel to Site of Sewer Overflow Confirmation of a Spills/Sanitary Sewer Overflows will activate an immediate response to isolate and correct the problem. Personnel and equipment shall be available to respond to any and all SSO locations. 1. Dispatching Personnel Instructions > When a spill/SSO report/call is received from customer service,the necessary response personnel and equipment shall be dispatched to isolate and correct the problem in a timely manner. > Maintenance personnel will be dispatched by telephone. BCPU SSO Response Action Plan Page 3 > Dispatching personnel must verify that all notified maintenance personnel have received the message. 2. Maintenance Personnel Instructions > All dispatched maintenance personnel should proceed immediately to the site of the spill/SSO. Any delays and/or conflicts should be promptly reported to the Superintendent/supervisor. ➢ Upon arrival at the site of the spill/SSO,maintenance personnel will immediately report all findings to the Utility Superintendent/supervisor. These findings should include damage to both public and private property. 3. Utility Supervisor Instructions ➢The Utility Supervisor should contact response personnel to assess the spill/SSO, if findings have not been reported within one hour ➢The Utility Supervisor will dispatch additional personnel, supplies, and equipment as needed or requested by dispatched maintenance personnel. 4. Initial Damage Assessment > All dispatched personnel must use discretionary action when responding to a spill/SSO. ➢ To thoroughly document the affected area,the dispatched personnel will take appropriate photos and/or video.Any photos and/or video will be retained and filed with the spill/SSO report. 5. Field Supervision and Inspection ➢ The Utility Supervisor will ensure that the guidelines outlined in this SSO Response Plan are properly implemented. ➢ The Utility ORC is responsible for properly notifying NC DEQ C. Spill/SSO Correction,Containment,and Clean-up The objectives of Utility personnel are: ➢ To protect public health,the environment,and property from a spill/SSO > To restore the surrounding area/property back to normal as quickly as possible > To establish an appropriate perimeter to contain the spill/SSO, using equipment(traffic cones, barricades),existing infrastructure(fencing,etc.),and/or natural boundaries(berm, ditch, stream, etc.) ➢ To notify NC DEQ within permitted timeframe ➢ To protect surface water from contamination ➢ To minimize regulatory enforcement and/or penalties,resulting from a spill/SSO 1. Upon arrival at a spill/SSO,the dispatched personnel will perform the following: ➢ Determine the cause of the spill/SSO(collection line blockage, lift station malfunction, line break,etc.). BCPU SSO Response Action Plan Page 4 ➢ Report findings to Utility Superintendent/ORC/Supervisor and identify or request additional personnel and equipment to minimize the affects of the spill/SSO. > Should it be determined the cause of the spill/SSO is not the responsibility of the system, dispatched personnel will. o Take appropriate action to protect public health,property(public and private), and surface water bodies from immediate danger. 2. Containment of a spilUSSO will be of utmost priority and will include,but are not limited to,the following measures: ➢ Determine the immediate destination of the spilUSSO(storm drain,water body,ditch,etc.) > Identify and request the necessary personnel and equipment to contain and minimize the effects of the spill/SSO. ➢ Take the appropriate, immediate action to contain the spill/SSO. 3. Additional measures may be necessary to contain a prolonged spilUSSO. These measures will be determined and implemented by the Utility Superintendent/Supervisor. 4. Clean up of a spill/SSO will be made immediately.Necessary measures will be taken to eliminate evidence of the spill/SSO. ➢ If possible,photos will be taken before and after cleaning up. Photos will be filed with the spilUSSO report. ➢ The affected area will be cleaned of any sewage and debris. All materials collected will be properly disposed of ➢ The area will be secured to prevent public contact,until the affected area has been thoroughly cleaned. ➢ The spilUSSO site should be disinfected with hydrated lime. ➢ If spilUSSO has affected a surface water body,NC DEQ will be contacted for specific instructions. D. Overflow Reporting The Utility Superintendent/Supervisor/ORC will complete the required reports and submit them to NC DEQ. This information should include,but is not limited to,the following: For accurate reporting purposes, SuperintendentlORC should gather the following information: > Determine if the spill/SSO has affected any surface water bodies. ➢ Estimate the start time of the of the spill/SSO: o Date/time reported and confirmed by system personnel. o Visual observations ➢ Estimate the stop time of the spilUSSO: o Date/time the blockage or equipment malfunction has been corrected. BCPU SSO Response Action Plan Page 5 o Date/time system personnel arrived onsite if spill/SSO stopped before system personnel arrived. ➢ Visual Observations o Estimate the flow rate of the spill/SSO. o Estimate the volume of the spill/SSO. o Take photos for documentation. o Assess damage to public and private property(System personnel will not enter private property to assess damage,unless authorized by the Utility Supervisor) E. Customer Satisfaction To ensure good public relations and customer satisfaction,the appropriate BCPU will follow up with the reporting party. This follows up will include either a personal visit or telephone call. The Utility Supervisor will determine the information to be disclosed to the reporting party. IV. SORP Maintenance This Sanitary Sewer Overflow Response Plan will be reviewed annually. Amendments may include: > Changes in procedure > Changes in contact personnel > Changes due to regulatory requirements. BCPU (SORP) Response Action Plan BCPU SSO Response Action Plan Page 6 BRUNSWICK COUNTY PUBLIC UTILITIES OPERATIONS CENTER 250 GREY WATER ROAD NE SUPPLY,NORTH CAROLINA 28462 MAILING ADDRESS TELEPHONE P.O.Box 249 (910)253-2657 BOLIVIA,NORTH CAROLINA 28422 FAx (910)253-4305 Brunswick County Public Utilities Pump Failure Contingency Plan- WQCS00284 The intent of this plan is to provide guidance for the repair or replacement of sewage pump station pumps due to failure. Simplex Residential Grinder Station Pumps: Brunswick County maintains an inventory of replacement grinder pumps and operates a full-time grinder repair shop were repairs can be made and pumps returned to stock. County Owned Duplex Station's: Brunswick County Pump Stations are designed to operate on one pump in the event of a pump failure. The following procedures shall be used in the case of a pump failure: A) Determine if a spare pump is available and replace if so B) If no spare is available, send pump to repair shop for an emergency repair. If spare was available, send it to repair shop for normal repair C) In the event of complete failure (both pumps) Brunswick County has at all stations an emergency force main tap and a diesel driven pump with an automatic controller to operate the station until repairs to the pumps can be made. Brunswick County also has multiple vendors on call for emergency repairs and equipment rental in the event of multiple pump station failures. The use of the mobile Pumper Truck and the Vac-con Truck are also utilized to sustain operations while repairs are being made rg�SwicK oG�i,/ % yo9TN Ca" / t Northeast `y _ \ �ll \�,�l�M ,,l bs �% ) ry,t I \- _ 1 11711144."166*----,.... f / Y / \ i ,C `f -. ,1 5 >-\ �.r ,l\ti — : 1v s. iff* eL s i" i\:,..; .- y �J/qq iere a J T. ,I • Gamins, - �•f i s t .. .S R Caswell T t - t _Beach l Seetrell « I a t f E Legend s.w.rare.. Brunswick County Public Utilities Or urar eo,w.r Abstewater System Summary Table taRwrswa. wd�..:.>.. Wastewater Collection System •�' era-�, .an... Structure Count �.a..e.. n..ei.-. 1 (inntler Puny WIZ' 8984 avmlr �R.». �.wa (� �/ WubvPtrVeNee 8247 tNd•teA7eb.t McMo4 3801 _ —a.... Abe. �.,..,ry...-...r..r...„..w.--, LiR Sbeoro 188 ..:7...� ...� Sewer Vulb 39 x 3 1 { P { WEST BRUNSWiCK REGIONAL WASTEWATER PROJECT SEWER SERVICE AGREEMENT THIS SEWER SERVICE AGREEMENT, dated as of the 714y Aka 24e.orby and between the COUNTY OF BRUNSWICK,a political subdivision of the State of North Carolina(the"County'}, and the TOWN OF OAK ISLAND,a public body and a body politic end corporate of the State of North Carolina (the "Participant`} [All capitalized terms used herein shall have the meaning set forth in the standard provisions herein unless otherwise herein indicated); W1THESSETi°� WHEREAS. the soils in central Bnmswick County are not generally suitable for disposal of sewerage through septic tanks;and WHEREAS an urgent need exists for high quality wastewater treatment in sufficient quantities to serve the growing population and development In Brunswick County and to protect the waters and other environmental elements within the region from adverse Impacts caused by septic tank use;and WHEREAS, the County and the Participant (collectively with the Participant, the'Participants"), are constructing sewer collection systems to serve their respective citizens/customers;and WHEREAS, the County and the Participant have determined that, by participating together in a regional wastewater treatment and transmission project for their mutual benefit, rather than each separately cons(nding its own new or improved sewer treatment plant(s)notwithstanding Section 1.4 of the Standard Provisions, economies of scale and a tong term secure source of high quality wastewater treatment can be achieved with savings and other tangible end Intangible benefits for their users;and WHEREAS.based on said determination,(I)the County has determined to finance.construct and operate the West Brunswick Regional Wastewater System (the "Prvjecr). as described in Exhibit"B'. which will treat wastewater from the Participants, and (II)the Participant have determined to participate with the County In developing and financing the Project;and WHEREAS,In order to assist In the construction,financing and operation of the West Brunswick Regional Wastewater System, the Participants have agreed to contract with the County for sewer service In order to provide.among other things,for payment by the Participants of(i)a portion of the capital Costs of the Project through an Capita Charge, on a battle that equitably aZacates among them the Project Coats,and(0)a Monthly Service Charge to cover operations and maintenance,reserves and such other rate components as are appropriate for similar systems;and WHEREAS,while the County will serve as owner and operator of the Sewer System, the County will have a similar financial obligation as the Participants, with respect to capital charges and operation and maintenance expenses. NOW,THEREFORE,In consideration of the premises and the mutual covenants and agreements hereinafter contained,the parties hereto agree as follows: -1- 1. SEWER SERVICE STANDARD PROVISION , The County agrees not to provide sewer service to a Participant,either pursuant to Sewer Service Agreements or otherwise,unless the Participant has entered into a written agreement with the County agreeing to be bound by these Standard Provisions: Section 1.1. fleljnitiont. The following words as used in Mb Sewer Service Agreement shalt have the following meanings. 'Act" shall mean* The State and Local Government Revenue Bond Act, constituting Article 5 of Chapter 159 of the General Statutes of North Carotins,as amended. "Advances for Construction'shall mean those funds advanced by the County for planning,project management,acquisition,engineering,legal or construction costs of the Project. 'Ancillary Service Fealties" shall mean those facilities of the Sewer System that have been identified by the County in its sole discretion as directly or indirectly benefiting only the Participant using them end which have no system-wide benefit, and shall Include. but ere rot&lifted to, (I)the tap to the County's pipeline,and(II)the meter installation. "Annual Budget" shall mean the budget or a ended budget of the County for each Fiscal Year with regard to the Sewer System. "Bonds"shall mean the bonds of the County or any other evidence of Indebtedness Issued by the County or any financing obligation executed by the County to raise funds for the Cost of the Project or to pay for Improvements. 'Bond Order" shall mean the bond order or other resolution or order adopted or financing document executed by the County authorizing Issuance of the Bonds,together with all orders amendatory thereof and supplemental thereto. "Capital Charge"shah mean a periodic payment charged by the County to a Participant for making sewer service available in those cases where the County has advanced funds to pay for improvements needed to make such sewer service available. "Capital Expenses" shall mean an obligation incurred to acquire new physical assets and/or incurred to acquire the replacement and/or upgrade of existing physical assets and to be paid from sources other than Current Expenses, I.e. Renewal and Replacement Fund, debt proceeds and designated retained earnings. "Connection Charge" shall mean a separate charge covering the Cost of Ancillary Service Facilities that Is not included as a component of the County's Monthly Service Charges as defined in the Rules and Regulations. "Cost"shall mean coat as defined In North Carolina General Statutes 159-81(3)end 182A-2(3). "County" shall mean the County of Brunswick, a Political Subdivision of the State of North Carotins. "County Sewer Use Ordinance"shall mean the Sewer Use Ordinance of the County as defined In Section 1.10 of these Standard Provisions. -2- 'Current Expenses'shall mean the County's ongoing ind recurring expenses during each Fiscal Year for operation and maintenance of the Sewer System as determined In accordance with generally accepted accounting principles including, but not limited to, ail administrative, general and commercial expenses, Insurance and surety bond premiums, payments for the bating end collection of rants, rates, fees or other charges imposed or charged by the County for the use of the Sewer System,legal expenses paid to outside sources,any taxes which may be lawfully Imposed on the Sewer System or the income or operations thereof or the property forming a part thereof, usual expenses of maintenance, repair and operation, Inducting cost of power and administrative expenses and salaries, refunds, any other current expenses required to be paid by the County under the provisions of the Bond Order or by law, all to the extant property and directly attributable to the Sewer System, and the expenses, liabilities and compensation of the Trustee. 'Current Expenses' does not include any reserves for operation, maintenance or repair,any allowance for depredation, amortization.interest on Bonds or other long term indebtedness or similar charges,any expenditure for which the County has made,Connection Charges or any reimbursement of Advances for Construction. 'Debt Service'shall mean the sum of money required to pay installments of principal and Interest on indebtedness Incurred bythe Countyfor the Sewer Systemin to Fiscal Year. 'Fiscal Year+'shall mean the period commencing on July 1 of any year and ending on June 30 of the following year,or such other fiscal year,which the County may adopt. `Improvements'shall mean any additions,enlargements, improvements, extensions, alterations, fixtures,equipment,land,appurtenances or other facilities to or for the Project. 'Monthly Service Charge{ar shell mean the rates of charge for sewer service established pursuant to Section 1.11.of these Standard Provisions and the Section 4.1 of the Rules and Regulations. "Oversight Committee"shall mean the committee established under Section 6.1 of the Rules and Regulations. 'Participant'shall mean a governmental unit,which enters Into a Sewer Service Agreement with the County whether or not the Participant uses the sewer. 'Participant's Service Facillties'shall mean the sewer collection and transmission facilities owned by a Participant and commencing at the connection on the Participant's side of the County* meter and servicing the sewer collection system,customers or other facilities of such Participant. "Participant Sewer Use Ordinance" shall mean an ordinance conforming to State and Federal regulations and requirements adopted by each Participant engaging In the sewer collection and/or treatment business regulating the operation and maintenance of its sewer collection and/or sewer treatment facilities. 'Point of ()Ovary' shall mean the point or points mutually agreeable to the County and a Participant where the County shall accept delivery of sewerage from a Participant. "Political Subdivision'shall mean a municipal corporation, county or other political subdivision of • the State. 'Project"shall mean the Project as defined in Exhibit"Er 'Rules and Regulations' shalt mean the rules and regulations adopted from time to time by the -3- 0 County for administering the Sewer System. "Sewer Service Agreement'shall mean the agreement,as amended, between the County and a Participant for the purchase and sale of sewer treatment capacity.Including the Standard Provisions. 'Sewer System"shall mean the Project plus any improvements. "Standard Provisions' shall mean the Standard Provisions to Sewer Service Agreements, as amended from time to Ume. "State shall mean the State of North Carolina. 'System Development Charge' shall mean the System Development Charge as defined In Section 4.2 of the Rules and Regulations,as amended from time to time. 'Trustee"shall mean the Trustee at the ttrne serving as such under the Bond Order. Section 12. Werranjjee. The County and each Participant represents and warrants that each has full power and authority to enter Into and perform any and at provisions of the Sewer Service Agreement between the County and the Participant. Section 1.3. Sewer Service. Subject to the other terms of this Sewer Service Agreement, the County will furnish sewer service to each Participant In accordance with the Participant's Sewer Service Agreement. Each Participant will discharge or deliver wastewater to the Sewer System for treatment at a mutually agreeable Point of Delivery through a metar(s) In accordance wit the Rules and Regulations. The County and the Participant engaging In the sewer business shall cause to be in force,at ail times,a State approved sewer use ordinance end shall abide by and enforce the provisions and requirements of the same. Section 1.4. Courtly to Provide AN Sewer Treatment. So as the longCounty is wpahie of providing to a Participant Its sewerage treatment needs, a Participant shall not acquire or produce sewer treatment capacity from any sauce other than the County without the express written consent of the County.which consent shall not unreasonably be withheld; provided, however, a Participant may at all times without the County's consent utilize,maintain, repair,replace or expand the capacity of any sewer system in existence and owned or operated by the Participant at the Urns the Participant first uses sewer treatment capacity provided by the Project expected to be Dec.31.2008 and any sewer system that a Participant which la a municipality acquires by annexation, so long as the Participant sties utilizes se Protect capacity described in the Participant's Sewer Service Agreement The County and the Participant agree to allow the Participant to enter into a separate sewer service agreement with the Town of Caswell Beach,other sewer users on Oak Island,and within the Town of Oak Island's Extra Territorial Zoning Jurisdictional(ETJ)area. Section 1.5. m tom. Procedures for the Installation. operation. maintenance, calibration. and reading of meters and adjustment of meter readings shell be set forth in the Rules and Regulations. Section 1.8. Ooeratlon of jimingyiglifn. The County shalt operate and maintain,or cause to be operated and maintained, the Sewer System in a safe, efficient and economical manner, making all necessary and proper repairs, replacements and renewals, consistent with good business and operating practices for comparable facilities and in accordance with applicable standards of regulatory bodies. Current Expenses in any Fiscal Year shall not exceed an amount that Is reasonable and necessary and that Is designated as Current Expenses In the Countys Annual Budget for such Fiscal Year. -4 Section 1.7. InsoectIon of the System. tf requested by the Technical Review Committee hereinafter established in the Policy Gukielines and Rules and Regulations for Rendering Sewer Service, the County shall cause consulting engineering firm experienced in wastewater treatment plant operation to inspect the Sewer System at least once every 12 months and to submit a report Identifying any operational, maintenance, or repair problems of the Sewer System and setting forth for the next ensuing 12-month period(i)recommendations as to any revisions that should be made in the methods of operation or maintenance of the Sewer System and any repairs that must be made to maintain the Sewer System in such period, together with an estimate of the cast of such repairs and methods,(il)an estimate as to the amount of adequate reserves for extraordinary repairs,renewals and replacements to the system in such period, (Ili) an estimate as to the staffing requirements of the County for the Sewer System for such period, and (tv) an estimate as to any additional insurance that may be needed to Insure the County against loss due to casualty toss or damage to the Sewer System. The County shall be obligated to undertake any action recommended In the engineers report,which the County would be required to take to comply with Section 1.e.of these Standard Provisions. A Participant may at its own cost and expense cause a consulting engineer to inspect the Sewer System at least once every 12 months upon 60 days notice to the County. A copy of the Participant's inspection report shall be provided to the County. Section 1.8. Insurance. The County shall carry at ail times insurance covering ail properties belonging to the Sewer System as are oustomariy Insured,against loss or damage from such causes as are customarily Insured against by enterprises of a similar nature and of a type and form as may be required by the Bond Order. The County also shall carry workers' compensation insurance, use and occupancy Insurance,employers liability Insurance,bolter and machinery Insurance,public officials liability Insurance,automobile liability insurance,and commercial general liability insurance insuring against bodily injury and property damage arising out of tie operations of the County. Such insurance shall be maintained with a financially responsible insurance company or companies,authorized and qualified under the taws of the State to assume the risk thereof. The proceeds of insurance shall be applied as provided in the Bond Order. if the County determines,and so certifies to the Trustee,that the amount of insurance coverage required by this Section or by the Bond Order Is not available on reasonable terms and conditions, the insurance coverage required by this Section and the Bond Order may be modified in accordance with such determination, and the coverage as modified shall constitute the minimum requirements of this Section and the Bond Order. Section 1.9. Observance of Ream flans. Each Participant covenants and agrees to observe the Rules and Regulations which have been adopted by the County (and as they may be amended) respecting the use of and services furnished by the Sewer System or legally required by any other authorized regulatory body. Section 1.10. Observapgsl of Sewer Use Ordinance. Each Participant covenants and agrees to observe the Sewer Use Ordinance of the County adopted November 21, 1694,as amended(the*County Sewer Use Ordinance'), respecting discharge of wastewater to the Sewer System. Any Participant that operates a sewer collection and transmission system agrees(I)to cause its own customers to comply with the Participant's Sewer Use Ordinance or the County Sewer Use Ordinance,whichever Is more stringent, and(II)to adopt and at all times maintain in effect and enforce a State approved sewer use ordinance for its own system which shall require compliance with the County Sewer Use Ordinance notwithstanding the provisions of the Participant's Sewer Use Ordinance. A Participants Sewer Use Ordinance shall also require that any customer of the Participant which Intends to discharge non-domestic strength wastewater to the Participant's wastewater collection system shall first make application to the Participant A Participant shall be responsible to the County for any damage to the Sewer System caused by its own customers and/or civil penalties assessed for violation of the County Sewer Use Ordinance or the -5- County's discharge/non-discharge permit for the Project. Section 1.11. M�rhttnty Service Charon. The County shalt tlx and determine on an annual basis a Monthly Service Charge for sewer treatment furnished to ail Participants. Monthly Service Charges shalt be established by the County at such levels as may be necessary to provide funds, together with other ava*able funds,at least sufficient in the aggregate at ail limes to pay(I)Current Expenses,and(ii)Capital Expenses in each fiscal year for which Debt service is not incurred and(III)the Debt Service on financing obligations of the County for the Sewer System as the same become due, including all debt service reserves and other funds,overage,accounts and reserves as may be required by any order or resolution authorizing the Issuance of bonds,including the Bond Order.A Participant will receive a credit against its payment obligation under this Section for any amount paid under Section 7.The County shall be entitled to revise its Monthly Service Charges through an annual budget for a fiscal year to be presented for review by the Oversight Committee by March 1"of each year to comply with this section. The Brunswick County Board of Commissioners shall take action establishing the Monthly Service Charge,effective July 1, on the first Monday in April Monthly billings to a Participant shall be determined by applying the rates determined pursuant to this Section to the total amount of sewerage treated for each Participant as obtained from the Countfa meter readings. The County may present charges based on budget estimates, subject to adjustment based on actual meter readings. The monthly billings and payments of the participant are based on a rate that it estimated to provide funding adequate for actual and necessary operating expenditures and debt service of the West Brunswick Regional Wastewater Project Since the rate for billing la based on estimated revenues and expenditures it will be necessary for Participants In the plant to make a 'lave up' payment annually In the event actual expenditures are in excess of actual revenues or In the event actual annual revenues are in excess of expendlburee, surpluses will either be credited back to the Pa rticipants or based upon the recommendation of the Oversight Committee, be placed Into the Capital Replacement Reserve Fund. Section 1.12. Payment. Each Participant covenants and agrees to pay promptly when due the County's Monthly Service Charges as determhed in accordance with this Artde and bided to the Participant from time to time and the Capital Charge by wiry transfer to the account provided In written directions from the County. Payment for sewerage treated for a Participant during any month is due In full as provided in the Rules and Regulations at the office of the County. Payment of Monthly Service Charge shall be due notwithstanding that a Participant disputes the accuracy or legality thereof or notwithstanding that the County curtails or Interrupts service to the Participant pursuant to these Standard Provisions. There shall be no free sewer service rendered by the County. Nothing contained herein shall require a Participant to pay for sewer treatment the County la incapable of delivering or providing. Section 1.13.Dlsosr ass . Everitt a Participant disagrees with Monthly Service Charges received from the County for any given service period,the Participant shall be obligated to pay,In full,said Mkxntlnly Service Charges, but can do so-under protest'.The'protean shall be resolved according to the provisions of this agreement if a Participant disputes all or part of any Monthly Service Charge or other payment due to the County,the Participant shell within 15 days of learning of the nature of the dispute notify the County In writing that the charges are disputed,the grounds for the dispute,and the amount in dispute. Failure to have made the full payment as provided in Section 1.12. hereof will result in the County, at its option, denying the Participant's claim.Upon receipt of notification of dispute,representatives of the County and the Participant shall meet within fifteen days to resolve such dispute. The County and the Participant shell promptly and continuously attempt to resolve the dispute within five business days of meeting. in the event that it is determined that the Participant shad have overpaid, It shall receive a credit for the overpayment if the dispute cannot be thus resolved,each party shal thereafter be entitled to exercise any remedies available at law or in equity Including non binding mediation and arbitration. -6- Section 1.14. l.lrmitaticxh. Nothing herein shall prevent the County and a Participant from limiting the obligation of any Political Subdivision to pay Monthly Service Charges and the County's other rates and charges to or from non-tax revenues of the Political Subdivision so that a Sewer Service Agreement with such Political Subdivision will not constitute a debt secured by a pledge of the Political Subdivision's faith and credit which has not been approved In accordance with the provisions of Articie V. Section 4 of the Constitution of North Carolina. Section 1.15. . As a convenience to the Participants, the County will mail each Participant a bit not later than the date for mailing provided for in the Rulers end Regulations covering sewer treatment provided during the previous month. AN bills shall be sent to the address of the premises being served by the County,unless a Participant notifies the County in writing of some other address to which btlla are to be mailed. Failure to receive bile will not be considered justification for non-payment of amounts due,nor permit art extension of the date when the account wail be considered delinquent The County may,at any time,correct any bills for service that may be In error. Section 1.18. interest. Interest on delinquent Monthly Service Charges shall accrue during the period of non-payment at the rate of 10%per annum, subject to periodic adjustment by the County subsequent to review by the Oversight Committee. Section 1.17. ,Sdds. The County will by lump sum payment within 90 days of the date a determination is made that a refund is due,refund any Monthly Service Charges or other charges or parts thereof that the County or a court of competent jurisdiction by final judgment determines were (a) inaccurate, illegal or otherwise not entitled to be coil or(b)paid In the immediately preceding Fiscal Year in excess of the amounts required for such Fiscal Year under cause(lit)of the second sentence of Section 1.11. Rather than making a refund by lump sum payment, the County may at its option make refunds in successive monthly installments over such 90-day period or may make the refund In the form of a credtt to future amounts due to the County by the Participant over such 90-day period. Interest shall accrue on the refund at the same per annum rate s In Section 1.18. Section 1.18. System Deveiooment Cheney Connection Charnel. The County shelf, in accordance with the Rules end Regulations, Sections 4.2 and 4.3, collect from Participants who apply for new or expanded service a System Development Charge and such Connection Charges as are appropriate to the service being pro Ided by the County. Section 1.19. ipdugtrlaf Wastewater. The County shall require all Industrial and other Participants who generate wastewater other than domestic strength wastewater to pre-treat its wastewater so that when it Is discharged to the Sewer System it is of domestic strength as defined in the latest version of the Sewer Use Ordinance. If for any reason a Participant discharges wastewater to the Sewer System, which exceeds domestic strength, the County agrees to surcharge such Participant so that the Monthly Service Charges charged other Participants are not impacted by the added cost incurred by the County in treating the non-domestic strength wastewater. The Participant shall not allow a customer,or Itself,to dilute a high-strength wastewater as a method of treatment of said wastewater in order to comply with the County's Sewer Use Ordinance. Section 1.20. j,imjtatfons on Service: Curtailment. Any duty or obligation of the County to meet a Participant's sewer treatment needs,over and above any stated capacity the County contracts to provide in the Sewer Service Agreement with the Policipant, is subject to limitations upon the County's ability to do so caused by(i)the amount of sewerage discharge permitted or available to the County, (II) .7. obligations of the County pursuant to Sewer Service Agreements to provide sewer service to other Participants, (Di)the capacity of the Sewer System and(Iv)completion of any Improvements the County elects to make to enable it to provide sewer service to a Participant. Section 1.21. Temoorsry interruptions. The County may at any time shut down the Sewer System In case at an accident,or for the purpose of making connections,alterations,repairs,changes or for any other lawful reasons. The County will endeavor to give as much notice as possible in advance of any interruption of service. It is the obligation of Participants and not the County to protect the Participant's facilities connected with the Sewer System so that damage wilt not occur If service Is suspended without notice. Section 1.22. Shut Off for Defautt:Acceleration end Notkxe. if payments of Monthly Service Charges or Capital Charges due from a Participant remain delinquent for a period of more than thirty(30) days,the County may take one or any combination of the following remedial steps: (I) service may, where permitted by applicable laws and regulations of the State, be suspended by the County, (II) the County,by written notice to the Participant,may dedare an amount equal to the then outstanding Monthly Service Charges. Capital Charges and accrued interest thereon to be trmmediatety due and payable as liquidated damages under this Sower Service Agreement and not as a penalty,whereon the same shall become immediately due and payable;or (ill) the County may take whatever action at law or in equity may appear necessary or desirable to coitect the amounts then due and thereafter to become due,or to enforce performance and observation of any obligation, agreement or covenant of the Participant under this Sewer Service Agreement. The County will give each Participant twenty-four(24)hours notice prior to suspending service on account of non-payment of rates and charges. The County may also suspend service after thirty(30)days notice when a Partidpant violates any terms of a Sewer Service Agreement with the County or any rule or regulation and falls to remedy or cure such violation within the thirty(30)day notice period, Section 1.23. Sewer Service to New Particivente. After notification of the Oversight Committee and all other Participants, the County shall only provide sewer service to new Participants pursuant to a Sewer Service Agreement. Section 1.24. Amendments and Termination. It is recognized by the County and each Participant that the Participant's Sewer Service Agreement will constitute an essential part of the County's nnendng plan.This agreement may not be terminated,amended or modified before the end of its original term or any°greed upon extended term without consent of the parties.The amendment of a Participant's Sewer Service Agreement shall not amend the provisions of any other Sewer Service Agreement in the event of a unilateral termination of this agreement by a Participant or by the County,the party who elects termination shalt be responsible to pay the other party for the actual cost incurred up to the time of notice of termination by the County on behalf of the Participant or actual costs incurred by the Participant to participate In the County'a sewer service plan.Reimbursable costs would be engineering fees,legal fees, fees associated with the sale of revenue bonds,or other forms of financing,and reasonable administrative costs directly related to the party'.'participation in this agreement A mutually agreeable termination of this agreement will be on such terms as the parties may agree at the time In question. Each party hereto reserves to Itself all legal rights and remedies available at law or in equity In the event of any other breach of this agreement by the other. -8- Section 1.25. Future Financing. The County may, in its sole discretion,incur debt to pay for Project Coat overruns or improvements. Section 126. geeeteggigundstlesrScggsKagen. The County and each Participant currently constructing wastewater collection systems agree to cooperate with each other during design and construction of the Project and their sew collection systems,such assistance to include,but not be limited to.exchange and review of design plans and specifications,providing access to each others work sites and easements for purposes of connecting to the Project and sharing Informatics' about start and completion dates, change orders and other matters that may adversely affect Costs. Each such Participant agrees to construct Its respective wastewater collection system and place 1 in operation with al reasonable dispatch and thereafter to operate and maintain Q Ina prudent and economical manner. The same shall be true for all subsequent additions and Improvements as required to provide sewer services to all Participants, both current and future. Section 127. Booksflegke_goiLBscgde. The County shall keep proper books and records in accordance with generally accepted accounting principles which shall be available for inspection at al reasonable times by each Participant. The County shall cause an annual audit of its books and records to be made by an independent certified public accountant at the end of each Fiscal Year.An allocated portion of the audit expense shall be a part of the O&M cost of the project Section 128. Successors and Assign!!. Each Sewer Service Agreement, including these Standard Provisions,shall be binding upon.inure to the benefit of and be enforceable by the parties thereto and their respective successors and assigns; provided, however, that neither a Participant nor the County may assign their rights,liabilities and obligation.hereunder without the consent of the other party except that the County may assign ell Sewer Service Agreements to the Trustee without the consent of any Participant • Section 1.29. ; biikv. if any provision of any Sewer Service Agreement, shell be held invalid or unenforceable by any court of campetont jurisdiction, such holding shall not affect any other provision thereof. Section 1.30. Waiver. My party.failure to insist upon the strict performance of any provision of a Sewer Service Agreement,or to exercise any right based upon a breach thereof,or the acceptance of any performance during such breach. shall not constitute a waiver of any rights under the Sewer Service Agreement Section 1.31. Ountegasrls. Sewer Service Agreements may be executed in several counterparts,any of whidi shall be regarded for all purposes as one original. Section 1.32. Controllirne Law. Sewer Service Agreements shall be construed and enforced in accordance with the laws of the State of North Carolina. 2. TERM. This Sewer Service Agreement shall be in full force and effect for a period ending at the later of 30 years from the date of lb execution or 5 years alter the lest maturity of the Sonde. It shalt continue In effect beyond the initial term for successive 10-year terms unless terminated by the County or the Participant by either giving to the other written notice of termination at least one year prior to the expiration of the initial term or any extended term hereof. 3. PROJECT CONSTRUCTION. The County will construct the Project substantially In accordance with the plans and specifications therefore, as the same may be modified to meet requirements of appropriate regulatory bodies. The County shall require each person, firm or corporation -9- with whom it may contract for the construction of the Project to furnish a payment and performance bond In the full amount of any contract. The proceeds of any such performance bond shalt be applied toward the completionProject of the Pro ect 4. pAYMENT FOR PROJECT. The obligation of the County to construct the Project is limited to the funds available to it from time to time for such purposes. The County shall be under no obligation to provide funds for such purpose except through revenue bonds. If the revenue bonds, together with any Wier funds the County elects to use, are not sufficient to pay for the Costs of the Project, as bid, the County shall be entitled to recalculate the Capital Charge provided for herein. if the Participant does not consent to the new Capital Charge within 80 days of such recalculation, then the County may terminate this agreement Debt payments and operation and maintenance expenses shall be payable beginning the first month In which the Phase 11 Sewer System Is capable of accepting and treating sewerage from the Participant,as determined by the County's consulting engineers. 5. FiNANCINQ. The County shall, as soon as may be practicable and with all reasonable dispatch, obtain funding of the revenue bonds, which we in en amount sufficient to pay the Cost of constructing and placing the Project in operation;provided,however,that nothing contained in this Sewer Service Agreement shall require the County to issue Bonds except upon terms deemed reasonable by it 6. SEWER SERVICE. Subject to the terms of the Section 1 of this Sew Service Agreement the County agrees to construct,operate and maintain the Project and,upon completion thereof,to provide sewer service to the Participant in the amount of three million gallons per day(gpd). The Participant agrees to pay the County's Monthly Service Charge for sewer service and to assume the Participant's obligations set forth herein.All obligations of the County for payments under this contract shaft be limited to revenues derived by the County from the operation of the Sewer System. The Participant covenants and agrees to maintain rates end charges for all services furnished by its sewer collection system which shell at ail times be sufficient to satisfy and discharge its obligations under this contract and under any other agreement misting to the financing of the Project, in addition to the Participant's other operations and maintenance costs or any debt service of the Participant secured by a pledge of revenues. in addition the County agrees to meet the Participants sewer treatment needs, subject to limitations upon the County's ability to do so caused by the lack of capacity of the treatment facilities,tack of discharge capability, and completion of any Improvements by the County to enable it to provide the service provided for herein. In order to provide for the public health and welfare,the County wilt use Its best efforts to develop additional treatment capacity for the Project, as needed,to meet the wastewater treatment needs of all Participants and will use sound financial planning to provide funds,through impact fees and related charges,and/or loans,necessary to provide the requisite facilities to meet such needs. T. PARTICIPANTS SHARE OF CAPITALPROJEGT coST4. In order to pay the Participant's fair share of the Capital Coats of the Project, the Participant promises to pay to the County in each month a Capital Charge equal to the sum of the amount due in such month sat out in the schedule attached hereto as Exhibit A. The tirol Capital Charge shall be payable in the skirt month In which the Sewer System is capable of accepting and treating sewerage from the Participant,as determined by the County!' consulting engineers. The Participant shell not be required to pay a Connection Charge or System Development Charge at the time the Participant initially connects to the Sewer System;provided,however, nothing herein shall prevent the County from charging the Participant a Connection Charge or System Development Charge if the Participant later needs modified or additional connections. 8. EFFECTIVE DATE. This Sewer Service Agreement shall become effective on the date of its execution. -lb- a IN WITNESS WHEREOF. the parties hereto, acting by and through their duly authorized representatives pursuant to the resolutions of their respective governing bodies, have caused this Agreement to be executed as of the day and year first above written. THE COUNTY OF BRUNSWICK ATTEST: Br Z��• f //, _ • .•:._-_. _.�.:L I . Clerk 1 ,, 0Swtc (S ' # 1111W6 (oliiit) ..VA 3OFOSJ ,,AK ILAND ATTE ill u 1. own Clerk ' ++,y««wr,„y (SEAL) 40}04 Q 448b CHAt 1 3 t t � cA4o Aneew» .11. EXHIBIT A CAPITAL CHARGE REPAYMENT SCHEDULE In accordance with Section 7 of this Sewer Service Agreement,the Town of Oak Island is obligated to begin paying a Capital Charge to Brunswick County in the first month of completion of the Capital Improvements described in Exhibit B. At this time, the sources and amounts of debt financing for the project have not been finalised. The Town of Oak Island and Brunswick County agree to revise this Exhibit based upon the final sources of money and amount of funds from those sources. The Town of Oak Island's share of the de bt associated with the West Brunswick Regional Wastewater System shall be its proportional share of all of the coat of West Brunswick Regional Wastewater System including the facilities constructed to serve portions of Brunswick County,the Town of Holden Beach and the Town of Oak Lsland The cost of the facilities shall include all engineering, land acquisition and construction associated with the facilities. As the Town of Oak Island will assume a portion of the debt associated with the construction of the existing 3 mgd West Brunswick Regional Wastewater System(Phase 1),the Town agrees to pay its proportionate share of the existing debt from the time of the initial debt financing. As the principal and interest payments on the debt associated with the construction of the 3 mgd plant(Phase I)will start prior to completion of the 3 mgd expansion(Phase II),the Town of Oak Island agrees to reimburse the County and Town of Holden Beach, its proportionate share of any payment made on the debt associated with the 3 mgd West Brunswick Regional Wastewater System (Phase I), The reimbursement of the Town of Oak Island's share of these debt payments shall commence three years after completion of the 3 mgd plant expansion (Phase II) and be completed with three subsequent annual payments. EXHIBIT B PROJECT DESCRIPTION WEST BRUNSWICK REGIONAL WASTEWATER SYSTEM Brunswick County will construct a 3 mgd expansion of the West Brunswick Regional Wastewater System such that the plant will have a total treatment capacity of 6 mgd. Construction will also include a transmission main from the ETI limits of the Oak Island to the West Brunswick Regional Wastewater Plant, effluent reuse lines to designated effluent reuse locations and effluent disposal systems at the effluent reuse sites. The West Brunswick Regional Wastewater Plant has been designed as a tertiary treatment facility and the plant and subsequent expansion will meet or exceed the North Carolina Department of Environment and Natural Resources(NC DENR)regulations for effluent reuse. The plant and subsequent expansion will be designed to meet the following criteria: • A monthly average for Total Suspended Solids(TSS) of lass than or equal to 5 mg/l and a daily maximum TSS of less than or equal to 10 mg/I. • A monthly average for Biological Oxygen Demand(BOD)of less than or equal to 5 mg/1 and a daily maximum BOD of leas than or equal to 10 mg/1. • A monthly average for Ammonia of leas than or equal to 4 mg/1 and a daily maximum Ammonia of less than or equal to 6 mg/l. • A monthly geometric mean of Fecal Coliform of less than or equal to 14/100 ml and a daily maximum of Fecal Coliform of less than or equal to 25/100 ml. • Continuous on-line monitoring of turbidity is required and the reuse effluent cannot exceed 10 NTU. In addition to meeting these requirements, the facility will include a storage pond for wastewater effluent that does not meet the reuse criteria and a storage pond for times when inclement weather prevents spraying of effluent on the disposal sites. Effluent disposal sites have been identified for the facility where treated wastewater effluent can be sprayed.-Wastewater sludge generated at the facility will be treated to meet-EPA 503 regulation' for a Class A Sludge. Ultimate disposal of the sludge will be by land application. The West Brunswick Regional Wastewater System will serve the following entities. • Brunswick County • Town of Holden Beach • Town of Oak Island EXHIBIT C PROPOSAL CONCEPT AGREEMENT Brunswick County submitted a proposal to the Town of Oak Island in June, 2005. The proposal was based upon a number of concepts that affect the overall cost of the project. Brunswick County and The Town of Oak Island mutually agree to the following concepts outlined in the proposal. 1. Existing Oak Island Tracts To Be Used For Wastewater Treatment and Disposal. Oak Island owns two tracts of land located near NC 211 that will be used for effluent reuse as a part of the expanded West Brunswick Regional Wastewater System. Under the terms of this agreement,the 770 acre tract would be deeded to Brunswick County for use as an effluent disposal site. The existing'debt on the 770 acre tract will be included as a part of the costs associated with the Weat Brunswick Regional Wastewater System and will be assumed by the Participants in the West Brunswick Regional Wastewater System based upon capacity allocation in the system. The Town of Oak Island agrees to enter into a 30 year lease with options for renewal of the lease for the 105 acre tract with Brunswick County. Under the terms of the lease, the Town of Oak Island may notify Brunswick County that it desires to terminate the lease;however,the Town of Oak Island cannot obtain sell or otherwise use the property until such time that an alternate effluent disposal site with the same effluent reuse capacity or better is obtained and an effluent reuse system constructed on that site. The Town of Oak Island would further agree to pay 100%of the cost of purchasing the alternate effluent disposal site and the cost of constructing a new effluent disposal system on that site. 2. Reimbursement of Prior Engineering Work on the Force Main Routing and Town Owned Effluent Reuse Sites The Participants in the West Brunswick Regional Wastewater System agree to reimburse the Town of Oak Island up to 5400,000 for engineering services performed on components of the Phase II Improvements of the West Brunswick Regional Wastewater System including the 105 acre and 770 acre effluent reuse sites owned by the Town and on the proposed force main routing that is required by the regulatory agencies to receive SRF Funding and/or construction permits. The reimbursement will be included as a part of the overall project cost and the reimbursement will not occur until the sale of the revenue bonds associated with this project. t 3. Interim Capacity in the Existing Regional Force Main In NC 211 To expedite the treatment of a portion of the wastewater from the Town of Oak Island,Brunswick County will allow the Town of Oak Island to connect to a new force main to be constructed from the Town of Oak Island ETJ boundary which will connect to the existing sewer force main in NC 211 and transport up to an average of 1,000,000 gallons of wastewater per day to the West Brunswick Regional Wastewater Treatment Plant.The flow rate discharged to the force main in NC 211 shall not exceed 1,260 gallons per minute without approval of Brunswick County. 4. Operation of the Oak Island East Water Reclamation Facility Under the terms of this agreement, the Town of Oak Island will continue operation of the. Oak Island East Water Reclamation Facility and satellite reuse facility. WEST BRUNSWICK REGIONAL WASTEWATER PROJECT POLICY GUIDELINES AND RULES AND REGULATIONS FOR RENDERING SEWER SERVICE THE COUNTY OF BRUNSWICK WHEREAS, the County of Brunswick Is a political subdivision of the State of North Carolina operating subject to the Local Government Budget and Fiscal Control Act;and WHEREAS, the County owns and operates the West Brunswick Regional Wastewater System (the 'Project") for the purpose of providing a reliable and self-sumcient source of sewer treatment to potential Participants commensurate with the orderty development and continued prosperity of the central part of the County;and WHEREAS,it is the County's goal to establish and charge reasonable and economical rates and charges for the service provided by the Project which are sufficient for the County to operate and maintain the Project as a financially self sustaining enterprise and to assure continued,uninterrupted sewer service to all Participants;and WHEREAS, the following guidelines for rate making and financing are intended to allocate the Cost of service to all Participants in en equitable manner (a)Monthly Service Chances. The County shalt develop for the Sewer System Monthly Service Charges, which reflect the Counts Current Expenses and operating expenses during each Fiscal Year,the County's growth rats,its capital construction programs,and its financing requirements. The Participant recognizes,however,that charges in addition to Monthly Service Charges will be necessary to establish an overall system of rates and charges,which is equitable to all Participants. (b)Capital Charge. The County may,with legal capacity to obligate itself to do so,require Participants to pay for a minimum monthly capital charge without regard to the actual amount of service used by the Participants. (c)System Development Chasse. Non-charter Participants shall pay their fair share of the Cost of existing facilities of the Sewer System, which In the opinion of the County directly or Indirectly benefit all of the Participants of the Sewer System. Although It Is the general policy of the County that new Participants are entitled to sewer service at the same Monthly Service Charges charged Its existing Participants, the County recognizes that existing Participants have and will continue to provide funds to pay part of the Cost of facilities having a system-wide benefit through the payment of Monthly Service Charges or other amounts to the County. The County thus shall establish end collect System Development Charges so that later Participants pay a portion of the Cost of such facilities previously paid by the existing Participants. el_ (d) Cgnnedion Cheroot. The County shall establish and collect from each new Participant Connection Charges sufficient to pay the Cost of all facilities which the County identifies In Its opinion es being exclusively for the direct or indirect benefit of the Participant and for which the Participant does not directly pay. NOW, THEREFORE, the following Rules and Regulations, as they may be hereafter amended, shall, together with the Sewer Service Agreement and the Counts Sewer Use Ordinance, govern the rendering of sewer service by the County of Brunswick from the Project. ARTICLE( peflniticns.Amendments and Aoolicablitv Section 1.1. pefinttions. Capitalized terms used herein shell have the meaning set forth in the Standard Provisions to the Sewer Service Agreement unless otherwise indicated herein Section 4.2. Amendment'. The County may from time to time amend these Rules and Regulations;however,the County shall give each Participant notice and an opportunity to comment on the proposed amendment. Section 1.3. Aooticab1Ilty. These Rules and Regulations, as amended,shall be binding on every Participant. ARTICLE I! Sewer Service Section 2.1. 6ggljegjggigatott. My potential Participant desiring sewer service must make a written application to the County(upon forms to be supplied by the County), setting forth in detail the location of the property to be served, Inducting a map thereof, the estimated gallons per day(gpd)to be used or allocated,and such other Information as the County may require. Section 2.2. .•. Sewer service shall be supplied to a Participant only pursuant to a Sewer Service Agreement containing the County.Standard Provisions. ARTICLE iI( Connections and Ancillary Service Facilities Section 3.1. Connections. Each Participant shall be responsible,at its sob cost and expense,to make all installaboris .of facilities necessary for-eonnecUon to the Sewer System (i.e. pipelines, pump stations and all other necessary Ancillary Service Facilities). All design plans shall be reviewed by the County prior to submittal to the State for approval. If applicable,all fees and charges due the County for the connection shall be due and payable prior to Initiation of service at the Points)of Delivery. Section 3.2. Pedant's Service Facilities. The Participant's Service Facilities shelf be Installed and maintained by such Partcpant at its sole cost and expense,but shall be subject to inspection by the County before service is connected. Section 3.3. Control d County Eouloment Supply lines, meters end other equipment of the -2- County shall be under its exclusive control,and no pereons.other than authorized employees. agents or contractors of the County. subject to Participant inspection privileges as outlined in Section 1.7 of the Standard Provisions to the Sewer Service Agreement, shell repair, change or Interfere with them to any way. ARTICLE IV Monthiv Service Chances Section 4.1. Monthly Service Charm. The County shall annually establish Monthly Service Charges sufficient to cover al expenses for the ensuing Fiscal Year es identified In the Annual Budget for the Sewer System. Monthly Service Charges wit be determined in view of sewer use pro edions for each ensuing Fiscal Year provided by Participants and on historical use data. Monthly Service Charges thus established shall be billed to Participants by the County as hereinafter provided on the basis of actual metered usage. The establishment and billing of Monthly Service Charges shall also reflect the payment of Capital Charges,when applicable. The County shall adopt an Annual Budget for the Sewer System for each Fiscal Year In accordance with the Local Government Budget and Fiscal Control Act. Expense components of each Annual Budget shell include; A. Ooeratino_Expense_Comaonent". (I)Current Expenses. (II)An operating and maintenance reserve. (tit)Appropriations to repairheplacemant reserves for purposes of timely correction of any mechanicaUphysical deficiencies which arise out of normal system use or which are not correctable from insurance proceeds or other monies readily available to the County. The level of such reserves shall be based upon an annual Inspection of the Sewer System and recommendations by the County`s consulting engineer. (Iv) Debt Service, including such debt service reserves and other funds. accounts and reserves as may be required by Instruments of debt authorization and such other amounts as may be required to comply with the covenants contained In Instruments of debt authorization. (v)An allowance for depredation or en allowalos for establishing a Capital Replacement Reserve Fund (one or the other but not both) may be included if required as a condition of debt authortratlon of the County. The Capital Replacement reserve Fund would be established and administered pursuant to Chapter 151). Art. 3. Part 2 of the North Carolina General Statutes. Funds generated under this section for establishment of an alowance for deprecation or a Capital Replacement Reserve Fund cannot be used for the expansion of capacity of the fedlkies without unanimous approval of the Participants B. Capital Expense Component'. (I)Reimbursements of Advances for Construction due during the Fiscal Year,which are not reimbursed from Current Expenses. (ii) Such other components regarding Sewer System development and growth as the County shall Identify as being necessary or appropriate. x 1usdplped eta Aq pled eq IN4s sJetuoputa who evedtatued eta jo jets JO ssaussaieJao ao e3uetipt)eu 'suotle+odo 'sepitpsj s.Wedppied eta Aq pasneo Jotew Aue of efeump 'peuwouoo st Jvem A upio is aseosul asuedxo gl 13 A1uno3 041 All peutslutaw aq p)n+walen . 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Teats. Al meters shall be accurately tested before installation. Meters will also be periodically tested In accordance with accepted practice, but not less than annually. The County may at any time remove any meter for routine tests,repaka or replacement The County shall upon request of a Participant, and If the Participant so desires. In the Participant's presence or that of the Participant'a authorized representative, make,without charge,a test of the accuracy of the meter in use, provided the meter has not been tested by the County within a period of nine(9)months previous of such request,and that the Participant will agree to abide by the results of such test in the adjustment of disputed charges. A written report of the results of the test shall be furnished to the Participant If the test results are acceptable, based on manufacturer's specifications and the meter has been tested within the previous nine(9)month period,the Participant shall pay the cost of the test. Section 5.5. Error. Whenever a teat of a meter reveals It to have an average error of more than three percent(3%),the County shall bill or refund to the Participant,as the case may be,such percentage of the amount reflected on bells covering the consumption Indicated by the meter for the previous three(3) months,ea the meter was found to be in error et the time of test,unless it can be shown to the satisfaction of the County that the error found had existed for a greater or lesser period,in which case the adjustment shall cover such actual period. ARTICLE y1I COMMITTEES Section 8.1. Oversloht Committee. There Is hereby established an Oversight Committee for the Project. Each Participant including the County shall appoint one representative and one alternate representative to represent them on the committee. The Oversight Committee shall meet at least once each quarter. The coat and expenses of the Oversight Committee shall be a Current Expanse. The representatives shell be entitled to elect a chairman and vice chairman. The Oversight Committee Is formed for the purpose of fostering communications between the Participants and the County. The committee shall: (i). Review and make recommendations relating to each Annual Budget end any capital project budget relating to Improvements; (II). Review quarterly and end-of financial reports, each annual audit and annual Inspection report of the County relating to the Sewer System; (lit). Request additional audits,Inspections and work when deemed necessary; (iv). Review the County's and each Participant's sewer rate structure and make recommendations as to funding of the Capital Replacement Reserve Fund to insure that the County end/or Participants) h capable financially of making Improvements when needed to meet the needs of Participants; (v). Review expansion plans of each Participant and recommend to the Participant a system of fees that will be available for use try the County when Improvements are required by virtue of the Participant's expansion plans(it Is the policy of the County to encourage each Participant to establish in its respective sewer ordinance a system of impact fees that not only address expansion of the Participant's collection system but also expansions to the Sewer System required by the collection system expansion); -3- (vi). Recommend amendments to the Sewer Service Agreement, these Rules and Regulations, the County Sewer Use Ordinance, or any Participant's Sewer Use Ordinance; (vii). Make recommendations concerning expansion of the Sewer System and/or the Participant's Service Facilities; (v1i). Attempt to sett* disputes between the County and the Participants or between Participants; (Ix). Otherwise encourage cooperation between the Participants and the County and the success of the Sewer System; (x). Report its findings and recommendations to the governing body of each Participant Section 6.2. Technical Review Cgmmttte. There Is hereby established a Technical Review Committee Comprised of the Participants. Each Participant including the County shall appoint a representative to the Technical Review Committee, which representative shall be the Participanrs chief wastewater operations and maintenance officer. The Technical Review Committee may elect a chairman, a vice chairman and shall meet at least once In each fiscal year. The purpose of the Technical Review Committee shall be to: . (I). Review and evaluate construction,operation and maintenance of the Sewer System; (II). Make recommendations as necessary for Improvement of operation and maintenance of the Sewer System and delivery of services. Upon adoption by a majority of the representatives on the Technical Review Committee, such recommendations shall be submitted to the County and the Oversight Committee in writing, and the County shall make appropriate response thereto in writing to the Technical Review Committee and Overnight Committee. -6- Htaoawick County Board of Commissioners (V1► ) ACTION AGENDA ITEM !' 2005 To: Marty IC.Lowing,County Manager ACrroN/rest#: Viil-17 MEWING DATE: Nov.7,2003 FROM: Jerry.W.Pierce,P.E,Dir.of Public Utilities DATE Smarm:rum: Od.31,2003 Ext./ 2659 Ear Booc#: S o ATrsais awr 2. ISSUE/ACTION REQUESTED: Ptrauc HEARD4G: ❑YES ®No In the proposal submitted to the Town of Oak Island,Bnmawfck County Indicated that It would accept up to one million gallons per day of wastewater from the Town upon completion of a force main from tiro Town to the County's system and prior to eomplaSon of the wattmeter treatment plant expansion. A Memorandum of Understanding has been de aioped that outlines the turns under which the County well accept the wastewater and the methods of calculating the operation and maintenance charges associated with the plant operation. The County staff recammende approval of the Manorandum of Understanding and that the Chairman and Clerk be authorttod to execute the agreement on behalf of the County. BACKGROUND/PURPOSE OF REQUEST: in the proposal submitted to the Town of Oak Island,Brunswick County indicated that It would accept up to one million gallons per day of wastewater from the Town upon completion of a fore main from the Town to the County. system and prior to completion of the wastewater treatment plant expansion. This proposal was contingent upon the approval of a Sewer Service Agreement between the Town of Oak island and Brunswick County. Most of the provisions In the Sewer Service Agrsemsnt do not oaks effect until completion of the plant � . expansion and associated improvements. To hcltltate the acceptance of tM wastewater odor completion of those Improvemenis,a aspires agreement was drafsd The Memorandum of Understanding outlines the terms under which the County will accept the wastowstsr and the method that wilt be used to calculate the operation and maintenance costs that will be paid by the Town of Oak Island. The operation and malntanancs charges will be calculated the sane for all entitles discharging mitosis!'"to the West Brunswick Regional Wastawalar Treslnent Plant The agreement will become nW and void upon completion of the plant expansion and associated Improvements. FISCAL IMPACT: BUDGET Artmraartr ABQIMUED: ❑YES ®No PRE►AuDrr CERTmCAITON REQUIRED: ❑YBa ►+No REVIEWED BY Drancrooe OP FISCAL OPE RATION1 ®YE' ®No Tow.Courrrr DoLIAR11 s CONTRACTS/AGREEMENTS: REvn.'wsru sY COUNTY AT roaNEY: ®YBs ❑No ❑N/A ADVISORY BOARD RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: tow Approve the Memorandum of Understanding between Brunswick County and the Town of Oak Island for 1,000 000GPO of Interim Wastewater Trsstment Capacity. ATTACHMENTS: 1. Copy of the Metfmorndum of Understanding. a 3. ACTION OP TTIB BOARD OP CO1131I..3SIONIF.'LS Arr:D98rk t] If 7-O�j A TO BOOED Darrra (I Dsrerm Urmu il—$ '65 Rene xea To Deressuesrr H&Am SIOM DATE 0114:112: CA2suita... keruit4.4...• _leo.° vagOvatettA ate, C,45)141iLite. • G- • 1444, Revised-zooe,sar+st ewe MEMORANDUM OF UNDERSTANDING J4jd:. NADI ado SHORT TERM USE OF COUNTY'S TREATMENT CAPACITY IN THE WEST BRUNSWICK REGIONAL WASTEWATER TREATMENT SYSTEM BY THE TOWN OF OAK ISLAND WHEREAS, Brunswick County has under construction a 3 million gallon per day tertiary wastewater treatment plant and associated facilities known as the West Brunswick Regional Wastewater Treatment System and the plant and associated facilities are scheduled to be completed and placed into operation in early 2006,and WHEREAS, per the Sewer Service Agreement with the Town of Holden Beach, Brunswick County has been allocated two million gallons per day of capacity in the West Brunswick Regional Wastewater Treatment System,and WHEREAS,the Town of Oak Island and Brunswick County intend to enter into a Sewer Service Agreement calling for wastewater from the Town of Oak Island be treated at the West Brunswick Regional Wastewater Treatment Plant, and WHEREAS, the West Brunswick Regional Wastewater Treatment Plant must be expanded from 3 million gallons per day to 6 million gallons per day to able to adequately treat the wastewater from the Town of Oak Island and this expansion is expected to take two to three years to design, receive permits and construct, and WHEREAS, portions of the collection system in the Town of Oak Island and the sewer force main from the Town of Oak Island to the West Brunswick Regional Wastewater System can be completed prior to the completion of the wastewater treatment plant expansion,and WHEREAS, Brunswick County expects to have wastewater flows in the next few years significantly less than the County's allocated capacity in the West Brunswick Regional Wastewater Treatment Plant of two million gallons per day and is willing to allow the Town of Oak Island to use up to I million gallons per day of the unused allocated capacity at a rate not to exceed 1,260 gallons per minute(gpm)for that period between the completion of a portion of the Town of Oak Island collection system and associated force main to the West Brunswick Regional Wastewater System and completion of the expansion of the West Brunswick Regional Wastewater Treatment Plant to 6 million gallons per day. IT SHALL BE THE MUTUAL UNDERSTANDING OF THE TOWN OF OAK ISLAND AND BRUNSWICK COUNTY THAT: The Town of Oak Island shall have Brunswick County's permission to use up to one million gallon per day of its allocated capacity in the West Brunswick Regional Wastewater Treatment Plant for that period from the completion of a portion of the collection system in the Town of Oak Island and associated force main from the Town of Oak Island to the West Brunswick I of k to Regional Wastewater System to the completion of the 3 million gallon per day expansion n of the West Brunswick Regional Wastewater System. Brunswick County agrees to charge and the Town of Oak Island agrees to pay the same operation and maintenance charges as defined in the Sewer Service Agreement between the Town of Oak Island and Brunswick County. The Town of Oak Island understands that the rate is based upon an estimate of the cost to operate the plant and that at the end of the fiscal year,the true coat to operate the plant will be known and the rate adjusted to reflect the actual cost to operate the West Brunswick Regional Wastewater System.The Town of Oak Island understands that it must pay its pro rats share of any shortfall or will receive a credit for its pro rata share of any surplus. Prior to the discharge of any wastewater to the West Brunswick Regional Wastewater System, the Town of Oak Island agrees to adopt and implement a Sewer Use Ordinance in conformance with the requirements of the Sewer Service Agreement In the event of the termination of the Sewer Service Agreement between the Town of Oak Island and Brunswick County, this agreement shall become null and void and Brunswick County shall have the right to discontinue sewer treatment service for the Town of Oak Island or at the County's discretion, allow the discharge of wastewater from the Town of Oak Island to continue for a defined period and charge an operation and maintenance rate that includes the capital cost of the allocated capacity being used by the Town of Oak Island. ,. The facilities needed to transport wastewater from the Town of Oak Island to the West ,40 Brunswick Regional Wastewater Plant must be approved by various regulatory agencies. This agreement may be modified or terminated if all regulatory approvals of the facilities required transport wastewater from the Town of Oak Island to the wastewater treatment plant cannot be obtained. This agreement shall also become null and void upon completion of the 3 million gallon per day expansion of the West Brunswick Regional Wastewater Treatment System required to permanently serve the Town of Oak Island. AGREED TO THIS DAY tl OF NOVEMBER 2005. THE COUNTY OF BRUNSWIC,IK ATTEST: By: „12941.,..4 �... i AL111112�.,., is iChairman Irr,, ,,,fi sA - - ,� '� 2 of AO TOWN OF OAK ISLAND ATTEST: By: Mayor Town Clerk (SEAL) Apt 3 of 3 • Zv t�9 Q .tSL ,V0 try RECEIVED -,,I NOV 0 3 coos ' �RI�S. CQ. ADMIN. RECEIVED October 31,2005 NOV 15 2005 BRUNS.CO. GOVERNING BODY • Mr.Marty K.Lawing County Manager P.O.Box 249 Bolivia,NC 28422 Dear Mr.Lawing: Enclosed please find five executed originals of the Sewer Service Agreement and other associated documents between the Town of Oak Island and Brunswick County. As you know, the Oak Island Town Council unanimously approved the Sewer Service Agreement and associated documents at a special meeting October 24,2005. We look forward to working with the County on this project. Sincerely, Patricia H.Brunel',MMC Town Clerk • Enclosures 4601 E. Oak inland Drive•Oak Island,North Carolina 28465 Phone: (910)278-5011 •Fax: (910) 278-3400•W bsite: www.oakiilandnc.com MEMORANDUM OF UNDERSTANDING SHORT TERM USE OF COUNTY'S TREATMENT CAPACITY IN THE WEST BRUNSWICK REGIONAL WASTEWATER TREATMENT SYSTEM BY THE TOWN OF OAK ISLAND WHEREAS, Brunswick County has under construction a 3 million gallon per day tertiary wastewater treatment plant and associated facilities known as the West Brunswick Regional Wastewater Treatment System and the plant and associated facilities are scheduled to be completed and placed into operation in early 2006,and WHEREAS, per the Sewer Service Agreement with the Town of Holden Beach, Brunswick County has been allocated two million gallons per day of capacity in the West Brunswick Regional Wastewater Treatment System,and WHEREAS,the Town of Oak Island and Brunswick County intend to enter into a Sewer Service Agreement calling for wastewater from the Town of Oak Island be treated at the West Brunswick Regional Wastewater Treatment Plant, and WHEREAS, the West Brunswick Regional Wastewater Treatment Plant must be expanded from 3 million gallons per day to 6 million gallons per day to able to adequately treat the wastewater from the Town of Oak Island and this expansion is expected to take two to three years to design, receive permits and construct,and WHEREAS, portions of the collection system in the Town of Oak Island and the sewer force main from the Town of Oak Island to the West Brunswick System Regional Wastewater can be 8i com pleted prior to the completion of the wastewater treatment plant expansion,and WHEREAS, Brunswick County expects to have wastewater flows in the next few years significantly less than the County's allocated capacity in the West Brunswick Regional Wastewater Treatment Plant of two million gallons per day and is willing to allow the Town of Oak Island to use up to 1 million gallons per day of the unused allocated capacity at a rate not to exceed 1,260 gallons per minute(gptn)for that period between the completion of a portion of the Town of Oak Island collection system and associated force main to the West Brunswick Regional Wastewater System and completion of the expansion of the West Brunswick Regional Wastewater Treatment.Plant-to 6 million gallons per day. IT SHALL BE THE MUTUAL UNDERSTANDING OF THE TOWN OF OAK ISLAND AND BRUNSWICK COUNTY THAT: The Town of Oak Inland shall have Brunswick County's permission to use up to one million gallon per day of its allocated capacity in the West Brunswick Regional Wastewater Treatment Plant for that period from the completion of a portion of the collection system in the Town of Oak Island and associated force main from the Town of Oak Island to the West Brunswick 1 of h Regional Wastewater System to the completion of the 3 million gallon per day expansion of the West Brunswick Regional Wastewater System. Brunswick County agrees to charge and the Town of Oak Island agrees to pay the same operation and maintenance charges as defined in the Sewer Service Agreement between the Town of Oak Island and Brunswick County. The Town of Oak Island understands that the rate is based upon an estimate of the cost to operate the plant and that at the end of the fiscal year,the true cost to operate the plant will be known and the rate adjusted to reflect the actual cost to operate the West Brunswick Regional Wastewater System,.The Town of Oak Island understands that it must pay its pro rata share of any shortfall or will receive a credit for its pro rata share of any surplus. Prior to the discharge of any wastewater to the West Brunswick Regional Wastewater System, the Town of Oak Island agrees to adopt and implement a Sewer Use Ordinance in conformance with the requirements of the Sewer Service Agreement. •., In the event of the termination of the Sewer Service Agreement between the Town of Oak island 1 and Brunswick County,this agreement shall become null and void and Brunswick County shall have the right to discontinue sewer treatment service for the Town of Oak Island or at the Couuty's discretion, allow the discharge of wastewater from the Town of Oak Island to continue for a defined period and charge an operation and maintenance rate that includes the capital cost of the allocated capacity being used by the Town of Oak Island. The facilities needed to transport wastewater from the Town of Oak Island to the West Brunswick Regional Wastewater Plant must be approved by various regulatory agencies. This agreement may be modified or terminated if all regulatory approvals of the facilities required transport wastewater from the Town of Oak Island to the wastewater treatment plant cannot be obtained.. This agreement shall also become null and void upon completion of the 3 million gallon per day expansion of the West Brunswick Regional Wastewater Treatment System required to permanently serve the Town of Oak Island. AGREED TO f itS DAY 116 OF NOVEMBER .2005. THE CO OF BRUNSWICK ATTEST: By: ....-- • I/ i _ ay. '.e 4, .1 0 erk Mgt :pp>(S' ` ,� • { ,. 2 of 3 t 3°£ iMawwr4j Aiteg s1 i P :vi 00830110 :{i (i S) .1s vi®3t3 °L INTERLOCAL AGREEMENT FOR FUNDING OF NORTHEAST WASTEWATER SYSTEM EXPANSION BETWEEN BRUNSWICK COUNTY AND THE TOWN OF BELVILLE AND H2GO BRUNSWICK REGIONAL WATER &SEWER Pursuant to the North Carolina General Statutes, Article 20, Part 1 of Chapter 160A; Article 16, Part 1 of Chapter 160A; and Article 15 of Chapter 153A, and in consideration of the promises made to one another in this Agreement, Brunswick County ("County"), the Town of Belville ("Town," "Belville," or "Participant"), and H2GO Brunswick Regional Water &Sewer, a sanitary district ("H2GO" or"Participant") agree as follows: SECTION 1 RECITALS 1.1 Parties to this Agreement. Brunswick County is a body politic and corporate and is a county government organized and existing pursuant to the laws of the State of North Carolina. The Town of Belville is a municipality organized p y g an zed and existing pursuant to the laws of the State of North Carolina and located in Brunswick County. H2GO Brunswick Regional Water& Sewer is a sanitary district organized and existing under the laws of the State of North Carolina. 1.2 Background and Participants. Pursuant to the laws of the State of North Carolina, Brunswick County owns and operates the Northeast Brunswick Regional Wastewater Reclamation Facility, associated regional pump stations, sewer transmission force mains and effluent disposal facilities (together comprising the ".Northeast System"), with daily treatment capacity of 2.475 million gallons. The County has participation agreements related to the construction and use of these facilities with the Town of Leland, the Town of Navassa, the City of Northwest, and H2G0 Brunswick Regional Water & Sewer, a sanitary district. Collectively, the participants will be hereafter referred to as the "Northeast Participants." 1.3 Existing Agreements. Brunswick County and H2GO (then the "North Brunswick Sanitary District") entered into an agreement on or about July 26, 2001 titled "Northeast Brunswick Regional Wastewater Project Sewer Service Agreement." Thereafter, on or about May 7, 2012, the County and H2GO entered into an agreement titled"Amendment No. 1 Northeast Brunswick Regional Wastewater Project Sewer Service Agreement." Unless expressly modified by this Interlocal Agreement for Funding of Northeast Wastewater System Expansion, the Page 1 of 11 underlying debts, obligations, responsibilities, and validity of the existing agreements remain in full force and effect. 1.4 Relationship between Belville and H2GO. On or about November 28, 2017, between the time of the November election results and the swearing in of newly elected members, the governing board of H2GO transferred all assets of its water and sewer systems to Belville. Thereafter, on or about December 1, 2017, the newly elected leadership of H2GO, along with the Town of Leland, filed suit against Belville to challenge the validity of the transfer Of assets. 1.5 Reason for both Belville and H2GO to enter this agreement. Because the need to proceed with expansion to the Northeast system cannot wait for the final resolution of litigation that may take a substantial amount of time to resolve, the County is asking both Belville and H2GO to sign this agreement, with the understanding that the party that ultimately retains the assets and customer revenue of the utility agrees to be bound by this Agreement. Hereafter, references to obligations of the Participant in this Agreement shall be deemed to refer to the party in control of the assets and revenue of the water and sewer systems as defined in the November 28, 2017 agreement between H2GO and Belville. 1.6 Agreement not dependent upon non-party participants. Notwithstanding references to the Northeast Participants in this Agreement, this Agreement is valid and binding between the parties regardless of the existence of any agreement between the County and the other Northeast Participants. SECTION 2 PURPOSES AND INTENT OF AGREEMENT 2.1 Regional Approach. The purpose of this Agreement is to establish an inter- governmental approach to fund the expansion of wastewater treatment services for the benefit of the participants in the Northeast System. The availability of these services is vital to the public health, welfare, and economic growth of these units of local government. 2.2 Legal Entity. No separate legal entity is established by this Agreement. 2.3 Long-term need. The Northeast Participants have current and long-term needs for additional wastewater treatment capacity for their citizens and customers. 2.4 Benefits of Interlocal Participation. Participation in the Northeast System provides the benefits of regional cooperation, which include the ability to Page 2 of 11 use available excess capacity in the system subject to permit limits, as well as lower operating costs and maintenance. The County remains responsible for State permit compliance, as well as for the legal, financial, and administrative details of operating the System. The County, H2GO, and Belville have determined that participating in a regional wastewater treatment and transmission system creates economies of scale and a long term secure source of high quality wastewater treatment with savings and other tangible and intangible benefits for system users. 2.5 Scope of Project. The County, with funding assistance from the Northeast Participants, will construct an expansion of the Northeast System for wastewater treatment, transmission system improvements, and effluent disposal to be able to provide the Northeast Participants with an additional 2.5 MGD transmission and treatment capacity allocated as set forth hereafter. SECTION 3 SYSTEM NEEDS 3.1 Current Capacity. Original construction of the Northeast Plant was completed in 2005 with an initial treatment capacity of 1.65 million gallons per day (MOD). In 2012, an expansion of the facility and related transmission system added an additional 825,000 gallons per day, bringing the total current capacity to 2.475 MGD. 3.2 Regulatory Compliance and the Need for Expansion. Pursuant to the North Carolina Administrative Code (15 NCAC 02T.0118.2), permit holders for wastewater treatment plans must obtain permits for expansion prior to exceeding 90% utilization of treatment capacity. Failure to do so could result in notices of violation and potential placement of a moratorium by North Carolina Department of Environmental Quality (NCDEQ) on further connections to the system. 3.3 Engineering Analysis of Capacity and Growth. In April 2017, Brunswick County engaged McKim & Creed to perform an engineering study to assist in determining logical plant and transmission system expansion alternatives based on flow history and growth patterns. 3.4 Flow,Growth, and Projection. The engineering report found that in 2016, • the Northeast Plant rated at 76% capacity for its average annual day, with its peak month flow exceeding 90%. Design, permitting, and construction of an expansion is a process that generally takes 3 to 4 years to complete. For 2017, Brunswick County was again rated as the fastest growing county in the State, and it is one of the fastest growing counties in the country. Based on engineering analysis of historical growth rates, the Northeast plant would exceed its rated capacity based Page 3 of 11 on the average annual day with peaking fac tor in 2021. However, due to growth rates in excess of historical values and permit requirements that necessitate meeting hydraulic and contaminant limits on a monthly basis, permit infractions could occur sooner. SECTION 4 COST, FINANCING,AND ALLOCATION 4.1 Estimated Cost. Based on preliminary budget estimates, the cost of design and construction of expanding the Northeast System to add 2.5 MGD of capacity is approximately $39.1 million 4.2 Participants responsible for costs. The construction of the 2.5 MGD Northeast System expansion, including engineering, design, and financing costs, will be paid for by the Northeast Participants according to the allocation set out hereafter. 4.3 Elements of costs. The elements of costs that the participants pay as part of their allocated cost share include the following: a. principal and interest on all loans or other indebtedness assumed or incurred by the County (including all debt issuance costs, origination fees, consultant fees, and legal fees for bond counsel) as a result of this expansion project, b. all costs associated with the design, easement or land acquisition, permitting, and construction of the project, including engineering and legal fees. 4.4 Ownership and elements of system. The County will construct, own, and operate the expansion and the Northeast System. Participant acknowledges receipt of County's engineering report describing the elements of the plant and transmission system improvements that will be upgraded or added in the course of this expansion. 4.5 Allocation by Participant and Agreement to Pay. The chart below indicates the current allocated capacity, the allocation of the expanded capacity, and the share of the cost of expansion attributable to each participant. The County intends to issue a 20-year revenue bond to finance the project. Using the percentages of new capacity set out below, the Participant agrees to pay its allocated cost share of the elements of costs defined in section 4.3 based on actual debt service amounts calculated after bond financing is obtained. Upon issuance of the financing debt, the County will provide an amortization schedule to each Participant showing the monthly cost and semi-annual payment Page 4of11 schedule for that Participant. Participant agrees to pay the County semi-annually for the sums indicated in accordance with the actual amortization schedule. Figure 1 Participant Pre- Capacity of Post- `%%a of Total Estimated expansion to be New expansion Capacity Cost capacity purchased Capacity capacity ' after allocation allocation (MGD) allocation expansion for (MGD) (MGD) expansion per % of new capacity ($M) Leland 1.160115 0.810301 32.41% 1.970416 39.61% $12.67 H2GO 0.684970 1.175030 47.00% 1.860000 37.39% $18.38 Navassa 0.169940 0.514669 20.59% 0.684609 13.76% $8.05 County 0.334975 0.000000 0.00% 0.334975 6.73% $0.0 Northwest 0.125000 0.000000 0.00% 0.125000 2.51% $0.0 Totals 2.475 2.500000 100% j 4.975000 100% $39.1 SECTION 5 REMEDIES FOR BREACH 5.1 Default. In the event the Participant is in default of payment hereunder, the County may provide the Participant with a notice of right to cure the default within 30 days. A payment default is cured by remittance of the amount owed within the 30-day cure period. Failure to fulfill payment obligations is a material breach and is deemed to cause irreparable harm to the County. 5.2 Remedies. If the Participant fails to cure any default in payment, then the County shall he entitled to specific performance under this Agreement, injunctive relief, and/or direct, incidental, or consequential money damages against Participant. Such damages may include attorneys'fees. The County shall not execute Flow Tracking Sewer Extension (FTSE)forms or otherwise facilitate the expansion of a Participant's sewer collections system that is delinquent or in default in payment. 5.3 Rates. Notwithstanding the mechanism for payment described in this Agreement, Participant acknowledges that the County retains and reserves its right to establish monthly service charges at such levels and modified at such times as Page 5 of 11 may be necessary to pay all elements of cost related to this expansion project, if necessary. 5.4 Termination. This Agreement may be terminated by mutual agreement of the parties. SECTION 6 REPRESENTATIONS AND COVENANTS 6.1 Authority to Contract and Representations of Participant. Each party to this Agreement represents to the other party each of the following as of the effective date of this Agreement, and covenants with the other party that each such representation will remain true and correct: 6.1.1 It has full power and authority to enter into this Agreement, and to enter into and carry out the transactions contemplated by this Agreement.. 6.1.2 It has by proper action authorized the execution and delivery of this Agreement and is not in default under any provisions of this Agreement. 6.1.3 The execution, delivery and performance of this Agreement does not violate or conflict with or require any consent or waiver under any of the terms or conditions in its governing documents or any material contract to which it is a party or by which any of its assets are bound or affected, or any law, rule, regulation, order, writ,judgment, decree or other legal or regulatory determination applicable to it. 6.1.4 This Agreement constitutes a legal, valid and binding obligation enforceable at law and in equity in accordance with its terms and, to the extent that certain remedies under this Agreement require or may require enforcement by a court, such principles of equity as the court having jurisdiction may impose. 6.1.5 It will comply with all applicable federal, state and local laws with respect to any activities conducted under or pursuant to this Agreement. 6.1.6 No elected or appointed official or employee has any interest(financial, employment, or other) in the transactions contemplated by this Agreement. 6.1.7 It will take no act (or engage in any failure to act) that will prevent, delay, obstruct, frustrate, or otherwise impair or undermine the activities conducted under or pursuant to this Agreement except as may be necessary to enforce this Agreement or ensure compliance with applicable laws, regulations, and ordinances. Page 6 of 11 SECTION 7 MISCELLANEOUS PROVISIONS 7.1 Governing Law and Venue. This Agreement is governed by the law of the State of North Carolina. All actions relating in any way to this Agreement shall be brought in the General Court of Justice of the State of North Carolina in Brunswick County. 7.2 Amendment to Agreement. This Agreement may be modified or amended only by written amendments that are approved and signed on behalf of both Parties in the same manner as original adoption. 7.3 Notices. All notices required or permitted by this Agreement must be in writing. Any notice will be deemed given (i) on the date delivered by hand or (ii)on the date it is received by mail, as evidenced by the date shown on a United States mail registered mail receipt, in any case addressed as follows: If to Brunswick County. as follows: If to H2GO, as follows: Brunswick County H2G0 Brunswick Regional Water & Sewer Attn.: County Manager Attn: Executive Director P.O. Box 249 P. O. Box 2230 Bolivia, NC 28422 Leland, NC 28451 If to Belville, as follows: Town of Belville Attn: Administrator 497 Olde Waterford Way, Suite 205 • Belville, NC 28451 Any party may designate a different address for communications by notice given under this Section to the other party. Whenever in this Agreement the giving of notice is required, the giving of such notice may be waived in writing by the Party entitled to receive such notice, and in any such case the giving or receipt of such notice will not be a condition precedent to the validity of any action taken in reliance upon such waiver. 7.4 No Third-Party Beneficiaries. Nothing in this Agreement shall give any person other than the parties any rights to enforce any provision of this Agreement. There are no intended third-party beneficiaries of this Agreement. Page 7 of 11 7.5 Survival of Representations and Covenants. All representations and covenants made by the parties in this Agreement shall survive the delivery of this Agreement. 7.6 Severability. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement and this Agreement shall he construed as if the invalid portion had never been contained herein. 7.7 Entire Agreement. This Agreement, including its Exhibits, constitutes the entire Agreement between the parties with respect to its subject matter. 7.8 Action by a Party. Any references to approvals or other actions by any party will be deemed to be references to actions taken by the party's Governing Body, or taken pursuant to express, specific direction given by the party's Governing Body or a person delegated by that Board to give approval or act. 7.9 Personnel. All responsibilities of the parties under this Agreement will be performed by personnel employed by them or under contract to them. 7.10 Non-assignability. Participant shall not assign or delegate its duties or obligations under this Agreement to a third party without the express written consent of the County. 7.11 Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. Any such counterpart may be signed by one or more of the parties as long as each of the Parties signed one or more of such counterparts. 7.1.2 No preaudit required. The parties agree that this Agreement does not commit either party to expend funds in the fiscal year in which this agreement is signed, and therefore does not require a preaudit certificate pursuant to G.S. 159- 28. Each party waives lack of a preaudit certificate as grounds for any challenge to the validity of this Agreement. 7.13 E-Verify. To the extent any e-verify rules apply to this Agreement, the parties agree to comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Page 8 of 11 • IN WITNESS WHEREOF, each of the parties has caused this Agreement to he executed in its official capacity by its duly authorized representatives, to be effective as of the 5* clay of ku1/s.k , 201/9 ATTEST: THE COUNTY OF BRUNSWIC_E' By: Clerk to th Boa " Frank Williams c.N1 Chairman • d":4 ••• (SEAL) #1 4424"4k e9b \\kr, CARa. "This instrument has been preaudited in the manner required by the Local Government Budget and 'scal Control Act." ilie Miller, Director of Fiscal Operations Brunswick County Approved as to Fo 7/1,17-1/7 County Attorney Page 9 of 11 ATTEST: H2GO BRUNSWICK REGIONAL WATER &SEWER di 4A: By: Clerk to the Board f rki 07/03- jcl ha -man t (SEAL) "This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act." r•.ts . G- LL 1t Finance Director Page 10 of 11 • ATTEST: TOWN OF BELVILLE By: Town Clerk Mike Allen Mayor (SEAL) "This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act." Finance Director Town of Belville Page 11 of 11 $ 3 AMENDMENT NO. 1 NORTHEAST BRUNSWICK REGIONAL WASTEWATER PROJECT SEWER SERVICE AGREEMENT It is agreed to and understood by all parties hereto that the Northeast Brunswick Regional Wastewater Project Sewer Service Agreement entered into by the Brunswick Regional Water and Sewer(H2GO). formerly known as the North Brunswick Sanitary District, and County of Brunswick on the 26`h day of July 2001.shall be amended as follows: WHEREAS, this Amendment will not extend the terns of the agreement between Brunswick Regional Water and Sewer(H2GO)and the County of Brunswick.and WHEREAS, this Amendment only amends those terms specifically addressed within the Amendment and no other terms shall be implied as a result of this Amendment,and WHEREAS, the County has constructed and operates 1.65 mgd wastewater treatment plant and transmission system known as the Northeast Brunswick Regional Wastewater System. which provides part of the wastewater treatment and transmission for the Participants in the Northeast Brunswick Regional Wastewater System.and WHEREAS, the County and the Participants have determined that a 0.825 mgd expansion of the Northeast Brunswick Regional Wastewater System is needed and the County has agreed to construct and operate the 0.825 mgd Northeast Brunswick Regional Wastewater System Expansion (the "Expansion") which will treat part of the wastewater generated within the Participants'collection systems,and WHEREAS, in order to assist in the construction of the Expansion, financing, and operation of the Expansion.the Participants have agreed to amend the existing Sewer Service Agreement with the County for sewer service to provide, among other things. for payment by the Participants of (i) their pro rata portion of the capital cost of the Expansion through an Availability Charge. Contribution in Aid of Construction, debt service payment. or otherwise, on a basis that equitably allocates among them Expansion Costs. 1. EXPANDED SEWER SERVICE. Subject to the terms of the Standard Provisions, the County agrees to construct.operate.and maintain the Expansion and upon completion thereof, to provide additional sewer service in the amount of ONE HUNDRED THIRTY-SEVEN THOUSAND FIVE HUNDRED GALLONS PER DAY(137,500 GPD). The total sewer service available to H2G0 from the original Project and the Expansion is 684,900 gallons per day(gpd). 2. PARTICIPANTS' SHARE OF CAPITAL EXPANSION COSTS. In order to pay the Participants' fair share of the Capital Cost of the Expansion,H2G0 promises to pay the County a monthly debt service payment (as defined herein) equal to the sum of the amount due in such month in the schedule attached hereto as Exhibit A& B. The first debt service payment shall be due on October 1. 2012. . . Based upon an Expansion of the 0.825 mgd and the additional sewer service of 137.500 gpd. the Participant's proportional share of the Capital Expansion Cost is determined to be 16.67%. 3. EXPANSION CAPITAL COST. The Expansion Capital Cost shall be defined as all costs incurred in the construction of a 0.825 mgd expansion of the Northeast Brunswick Regional Wastewater System and shall include but not be limited to engineering, equipment.construction. easement acquisitions, financing charges, and permit fees. Upon completion of the Expansion. the County will supply to all Participants a copy of the final audited Expansion Capital Cost. AGREED TO THIS THE 7 DAY OFMa..1,2012. ATTEST: THE COUNTY OF BRUNSWICK S'A lr;'‘��1 V-1664 By: 12 !Clir fo eiBo d:f William M. Sue Chairman 74, A Y ' flurt nt has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act." Ann B. Hardy. Director of Fiscal Operations Brunswick County A 1 I EST: Brunswick Regional ater and Sewer(H2G0) d By: Clerk to the Board h D. Crowder. II rman (SEAL) "This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act." Finance Director Brunswick Regional Water and Sewer(H2G0) EXHIBIT A CAPITAL CHARGE REPAYMENT SCHEDULE In accordance with Section 2 of Amendment No. I to the Sewer Service Agreement. the Brunswick Regional Water and Sewer(H2GO)formerly known as the North Brunswick Sanitary District, is obligated to begin paying a debt service payment to Brunswick County on October 1, 2012 as is described in Exhibit••B". At this time, the sources and amounts of debt financing for the project have not been finalized. The Brunswick Regional Water and Sewer (H2GO) and Brunswick County agree to revise this Exhibit and Exhibit"B" based upon the final sources of money and amount of funds from those sources. The Brunswick Regional Water and Sewer (H2GO) agrees to notify the County in writing prior to the advertisements of bids their election as to the method of reimbursing the County for the Capital Improvements described in this attachment. The Brunswick Regional Water and Sewer (H2GO)'s share of the cost of the Capital Improvements or associated debt with the Northeast Br unswick Regional Wastewater System Expansion shall be its proportional share of all of the cost of Northeast Brunswick Regional Wastewater System including the treatment and transmission facilities. The cost of the facilities shall include all legal fees, financing cost (including interest, if any), engineering, land acquisition,and construction associated with the facilities. • E C El W E 0 \i'Clq41 ,t�- psituArt; CD D r' • AUG 1 2 2002 C,C) /'~`'- -1 ' COUNTY OF BRUNSWICK J i "PUBLIC UTILITIES EAST/WEST BRUNSWICK REGIONAL WASTEWATER PROJECT SEWER SERVICE AGRE EMENT THIS SEWER SERVICE AGREEMENT, dated as of the 7 f o , by and between the COUNTY OF BRUNSWICK, a political subdivision of the State of No' z_-North Carolina (the "County"), and the TOWN OF HOL DEN DEN BEACH, a public body y and a body politic and corporate of the State of North Carolina (the "Participant") [All capitalized terms used herein shall have the meaning set forth in the STANDARD PROVISIONS herein unless otherwise herein indicated]; WITNESSETH: WHEREAS, the soils in central Brunswick County are not generally suitable for disposal of sewerage through septic tanks; and WHEREAS an urgent need exists for high quality wastewater treatment in sufficient quantities to serve the growing population and development in Brunswick County and to protect the waters and other environmental elements within the region from adverse impacts caused by septic tank use;and WHEREAS, the County and the Town of Holden Beach are constructing sewer collection systems to serve their respective citizens/customers; and WHEREAS, the County and the Participants have determined that, by participating together in a regional wastewater treatment and transmission project for their mutual benefit, rather than each separately constructing its own new or improved sewer treatment plant(s) notwithstanding Section 1.4 of the Standard Provisions, economies of scale and a long term secure source of high quality wastewater treatment can be achieved with savings and other tangible and intangible benefits for their users; and WHEREAS, based on said determination, (i) the County has determined to finance, construct and operate the East/West Regional Wastewater Project (the "Project"), as described in Exhibit"B", which will treat wastewater from the Participants, and n the Participants have determined to participate with the County in developing and financing the Project;and WHEREAS, in order to assist in the construction, financing and operation of the Project, the Participants have agreed to contract with the County for sewer service in order to provide, among other things, for payment by the Participants of(i)a portion of the capital Costs of the Project through a Capital Charge, on a basis that equitably allocates among them the Project Costs, and (ii) a Monthly Service Charge to cover operations and maintenance, reserves and such other rate components as are appropriate for similar systems and which the County determines to charge from time to time; and WHEREAS, while the County will serve as owner and operator of the Sewer System, the County will have a similar financial obligation as the Participants, with respect to capital charges and operation -2- and maintenance expenses. NOW, THEREFO RE, in consideration of thepremises p emises and the mutual covenant s and agreements hereinafter contained, the parties hereto agree as follows: 1. SEWER SERVICE STANDARD PROVISIONS. The County agrees not to provide sewer service to a Participant, either pursuant to Sewer Service Agreements or otherwise, unless the Pa rticipant ant has entered into a written agreement P g ent with the County agreeing to be bound by these Standard Provisions: Section 1.1. Definitions. The following words as used in this Sewer Service Agreement shall have the following meanings. "Act" shall mean The State and Local Government Revenue Bond Act, constituting Article 5 of Chapter 159 of the General Statutes of North Carolina, as amended. "Advances for Construction" shall mean those funds advanced bythe County oun#y for planning, project management, acquisition, engineering, legal or construction costs of the Project. "Ancillary Service Facilities" shall mean those facilities of the Sewer System y tem that have been identified by the County in its sole discretion as directly or indirectly benefiting only the Participant using them and which have no system-wide benefit, and shall include, but are not limited to, (I) the tap to the County's pipeline, and(ii) the meter installation. "Annual Budget" shall mean the budget or amended budget of the County for each Fiscal Year with regard to the Sewer System. "Bonds" shall mean the bonds of the County or any other evidence of indebtedness issued by the County or any financing obligation executed by the County to raise funds for the Cost of the Project or to pay for Improvements. "Bond Order" shall mean the bond order or other resolution or order adopted or financing document executed by the County authorizing issuance of the Bonds, together with all orders amendatory thereof and supplemental thereto. "Capital Charge" shall mean a periodic fee charged by the County to a Participant for making sewer service available in those cases where the County has advanced funds to pay for Improvements needed to make such sewer service available. "Capital Expenses" shall mean an obligation incurred to acquire new physical assets and/or incurred to acquire the replacement and/or upgrade of existing physical assets. "Connection Charge" shall mean a separate charge covering the Cost of Ancillary Service Facilities that is not included as a component of the County's Monthly Service Charges as defined in the Rules and Regulations. -3- "Cost" shall mean cost as defined in North Carolina General Statutes 159-81(3)and 162A-2(3). "County" shall mean the County of Brunswick, a Political Subdivision of the State of North Carolina. "County Sewer Use Ordinance" shall mean the Sewer Use Ordinance of the County as defined in Section 1.10 of these Standard Provisions. "Current Expenses" shall mean the County's ongoing and recurring expenses during each Fiscal Year for operation and maintenance of the Sewer System as determined in accordance with generally accepted accounting principles including, but not limited to, all administrative, general and commercial expenses, insurance and surety bond premiums, payments for the billing and collection of rents, rates, fees or other charges imposed or charged by the County for the use of the Sewer System, legal expenses paid to outside sources, any taxes which may be lawfully imposed on the Sewer System or the income or operations thereof or the property forming a part thereof, usual expenses of maintenance, repair and operation, including cost of power and administrative expenses and salaries, refunds, any other current expenses required to be paid by the County under the provisions of the Bond Order or by law, all to the extent properly and directly attributable to the Sewer System, and the expenses, liabilities and compensation of the Trustee. "Current Expenses" does not include any reserves for operation, maintenance or repair, any allowance for depreciation, amortization, interest on Bonds or other long term indebtedness or similar charges, any expenditure for which the County has made Connection Charges or any reimbursement of Advances for Construction. "Debt Service" shall mean the sum of money required to pay installments of principal and interest on indebtedness incurred by the County for the Sewer System in a Fiscal Year. "Fiscal Year" shall mean the period commencing on July 1 of any year and ending on June 30 of the following year, or such other fiscal year,which the County may adopt. "Improvements" shall mean any additions, enlargements, improvements, extensions, alterations, fixtures, equipment, land, appurtenances or other facilities to or for the Project. "Monthly Service Charge(s)" shall mean the rates of charge for sewer service established pursuant_to Section 1,11,of these Standard Provisions and the Section 4.1 of the-Rules and Regulations. "Oversight Committee" shall mean the committee established under Section 6.1 of the Rules and Regulations. "Participant" shall mean a governmental unit who enters into a Sewer Service Agreement with the County whether or not the Participant uses the sewer system. "Participant's Service Facilities"shall mean the sewer collection and transmission facilities owned by a Participant and commencing at the connection on the Participant's side of the County's meter and servicing the sewer collection system, customers or other facilities of such Participant. -4- "Participant Sewer Use Ordinance" shall mean an ordinance conforming to State and Federal regulations and requirements adopted by each Participant engaging in the sewer collection and/or treatment business regulating the operation and maintenance of its sewer collection and/or sewer treatment facilities. "Point of Delivery" shall mean the point or points mutually agreeable to the County and a Participant where the County shall accept delivery of sewerage from a Participant. "Political Subdivision" shall mean a municipal corporation, county or other political subdivision of the State. "Project"shall mean the Project as defined in Exhibit"B" "Rules and Regulations" shall mean the rules and regulations adopted from time to time by the County for administering the Sewer System. "Sewer Service Agreement" shall mean the Agreement, and any amendments thereto, between the County and a Participant for the purchase and sale of sewer treatment capacity, including the Standard Provisions. "Sewer System"shall mean the Project plus any Improvements. "Standard Provisions" shall mean the Standard Provisions to Sewer Service Agreements, as amended from time to time. "State"shall mean the State of North Carolina. "System Development Charge" shall mean the System Development Charge as defined in Section 4.2 of the Rules and Regulations, as amended from time to time. "Trustee"shall mean the Trustee at the time serving as such under the Bond Order. Section 1.2. Warranties. The County and each Participant represents and warrants that each has full power and authority to enter into and perform any and all provisions of the Sewer Service Agreement between the County-and the Participant. Section 1.3. Sewer Service. Subject to the other terms of this Sewer Service Agreement, the County will furnish sewer service to each Participant in accordance with the Participant's Sewer Service Agreement. Each Participant will discharge or deliver wastewater to the Sewer System for treatment at a mutually agreeable Point of Delivery through a meter(s) in accordance with the Rules and Regulations. The County and the Participant engaging in the sewer business shall cause to be in force, at all times, a State approved sewer use ordinance and shall abide by and enforce the provisions and requirements of the same. Section 1.4. County to Provide All Sewer Treatment. So long as the County is capable of providing -5- to a Participant its sewerage treatment needs, a Participant shall not acquire or produce sewer treatment capacity from any source other than the County without the express written consent of the County, which consent shall not unreasonably be withheld; provided, however, a Participant may at all times without the County's consent utilize, maintain, repair, replace or expand the capacity of any sewer system in existence and owned or operated by the Participant at the time the Participant first uses sewer treatment capacity provided by the Project and any sewer system that a Participant which is a municipality acquires by annexation, so long as the Participant still utilizes the Project capacity described in the Participant's Sewer Service Agreement. Section 1.5. Meters. Procedures for the installation, operation, maintenance, calibration, and reading of meters and adjustment of meter readings shall be set forth in the Rules and Regulations. Section 1.6. Operation of Sewer System. The County shall operate and maintain, or cause to be operated and maintained, the Sewer System in a safe, efficient and economical manner, making all necessary and proper repairs, replacements and renewals, consistent with good business and operating practices for comparable facilities and in accordance with applicable standards of regulatory bodies. Current Expenses in any Fiscal Year shall not exceed an amount that is reasonable and necessary and that is designated as Current Expenses in the County's Annual Budget for such Fiscal Year. Section 1.7. Inspection of the System. The County shall cause a consulting engineer to inspect the Sewer System at least once every 12 months and to submit a report identifying any operational, maintenance, or repair problems of the Sewer System and setting forth for the next ensuing 12-month period (I) recommendations as to any revisions that should be made in the methods of operation or maintenance of the Sewer System and any repairs that must be made to maintain the Sewer System in such period, together with an estimate of the cost of such repairs and methods, (ii) an estimate as to the amount of adequate reserves for extraordinary repairs, renewals and replacements to the system in such period, tiii) an estimate as to the staffing requirements of the County for the Sewer System for such period, and (iv) an estimate as to any additional insurance that may be needed to insure the County against loss due to casualty loss or damage to the Sewer System. The County shall be obligated to undertake any action recommended in the engineer's report, which the County would be required to take to comply with Section 1.6. of these Standard Provisions. A Participant may at its own cost and expense cause a consulting engineer to inspect the Sewer System at least once every 12 months upon 60 days notice to the County. A copy of the Participant's inspection report shall be provided to the County. Section 1.8. Insurance. The County shall carry at all times insurance covering all properties belonging to the Sewer System as are customarily insured, against loss_or damage from such causes as are customarily insured aga nst by enterprises of a similar nature and Of a type and form as may be required by the Bond Order. The County also shall carry workers' compensation insurance, use and occupancy insurance, employers liability insurance, boiler and machinery insurance, public officials liability insurance, automobile liability insurance, and commercial general liability insurance insuring against bodily injury and property damage arising out of the operations of the County. Such insurance shall be main- tained with a financially responsible insurance company or companies, authorized and qualified under the laws of the State to assume the risk thereof. The proceeds of insurance shall be applied as provided In the Bond Order. If the County determines, and so certifies to the Trustee, that the amount of insurance coverage required by this Section or by the Bond Order is not available on reasonable terms and conditions, the insurance coverage required by this Section and the Bond Order may be modified in accordance with such determination, and the coverage as modified shall constitute the minimum -6- requirements of this Section and the Bond Order. Section 1.9. Observance of Regulations. Each Participant covenants and agrees to observe the Rules and Regulations which have been adopted by the County (and as they may be amended) respecting the use of and services furnished by the Sewer System or legally required by any other authorized regulatory body. Section 1.10. Observance of Sewer Use Ordinance. Each Participant covenants and agrees to observe the Sewer Use Ordinance of the County adopted November 21, 1994, as amended (the"County Sewer Use Ordinance"), respecting discharge of wastewater to the Sewer System. Any Participant that operates a sewer collection and transmission system agrees (i)to cause its own customers to comply with the Participant's Sewer Use Ordinance or the County Sewer Use Ordinance, whichever is more stringent, and (ii) to adopt and at all times maintain in effect and enforce a State approved sewer use ordinance for its own system which shall require compliance with the County Sewer Use Ordinance notwithstanding the provisions of the Participant's Sewer Use Ordinance. A Participant's Sewer Use Ordinance shall also require that customer of the Participant which intends to discharge non-domestic strength wastewater to the Participant's wastewater collection system shall first make application to the Participant. A Participant shall be responsible to the County for any damage to the Sewer System caused by its own customers and/or civil penalties assessed for violation of the County Sewer Use Ordinance or the County's discharge/non-discharge permit for the Project. Section 1.11. Monthly Service Charge. Effective the third year of service, the County shall fix and determine on an annual basis a Monthly Service Charge for sewer treatment furnished to all Participants. Monthly Service Charges shall be established by the County at such levels as may be necessary to provide funds, together with other available funds, at least sufficient in the aggregate at all times to pay(i) Current Expenses, and (ii) Capital Expenses in each fiscal year for which Debt Service is not incurred and (iii) the Debt Service on financing obligations of the County for the Sewer System as the same become due, including all debt service reserves and other funds, coverage, accounts and reserves as may be required by any order or resolution authorizing the issuance of bonds, including the Bond Order. A Participant will receive a credit for against its payment obligation under this Section for any amount paid under Section 7. The County shall be entitled to revise its Monthly Service Charges through an annual budget for a fiscal year to be presented for review by the Oversight Committee by March 1s1 of each year to comply with this section. The Brunswick County Board of Commissioners shall take action establishing the Monthly Service Charge, effective July-1, on the-first Monday in April. Monthly billings to a Participant shall be determined by applying the rates determined pursuant to this Section to the total amount of sewerage treated for each Participant as obtained from the County's meter readings. The County may present charges based on budget estimates,subject to adjustment based on actual meter readings. Section 1.12. Payment. Each Participant covenants and agrees to pay promptly when due the County's Monthly Service Charges as determined in accordance with this Article and billed to the Participant from time to time and the Capital Charge by wire transfer to the account provided in written directions from the County. Payment for sewerage treated for a Participant during any month is due in full as provided in the Rules and Regulations at the office of the County. Payment of Monthly Service Charge shall be due notwithstanding that a Participant disputes the accuracy or legality thereof or notwithstanding that the County curtails or interrupts service to the Participant pursuant to these Standard Provisions. There shall be no free -7- sewer service rendered by the County. Nothing contained herein shall require a Participant to pay for sewer treatment the County is incapable of delivering or providing. Section 1.13.Disputes. Even if a Participant disagrees with Monthly Service Charges received from the County for any given service period, the Participant shall be obligated to pay, in full, said Monthly Service Charges, but can do so "under protest". The "protest" shall be resolved according to the provisions of this Agreement. If a Participant disputes all or part of any Monthly Service Charge or other payment due to the County, the Participant shall within 15 days of learning of the nature of the dispute notify the County in writing that the charges are disputed, the grounds for the dispute, and the amount in dispute. Failure to have made the full provided in Section 1.12. hereof will result in the County, at its option, denying the payment as Participant's claim. Upon receipt of notification of dispute, representatives of the County and the Participant shall meet within fifteen days to resolve such dispute. The County and the Participant shall promptly and continuously attempt to resolve the dispute within five business days of meeting. In the event that it is determined that the Participant shall have overpaid, it shall receive a credit for the overpayment. If the dispute cannot be thus resolved, each party shall thereafter be entitled to exercise any remedies available at law or in equity. Section 1.14. Limitation. Nothing herein shall prevent the County and a Participant from limiting the obligation of any Political Subdivision to pay Monthly Service Charges and the County's other rates and charges to or from non-tax revenues of the Political Subdivision so that a Sewer Service Agreement with such Political Subdivision will not constitute a debt secured by a pledge of the Political Subdivision's faith and credit which has not been approved in accordance with the provisions of Article V, Section 4 of the Constitution of North Carolina. Section 1.15. Bills. As a convenience to the Participants, the County will mail each Participant a bill not later than the date for mailing provided for in the Rules and Regulations, covering sewer treatment provided during the previous month. All bills shall be sent to the address of the premises being served by the County, unless a Participant notifies the County in writing of some other address to which bills are to be mailed. Failure to receive bills will not be considered justification for non-payment of amounts due, nor permit an extension of the date when the account will be considered delinquent. The County may, at any time, correct any bills for service that may be in error. Section-1 16. Interest. Interest-on delinquent-Monthly Service Charges-shall-accrue during the period of non-payment at the rate of 10% per annum, subject to periodic adjustment by the County subsequent to review by the Oversight Committee. Section 1.17. Credits. The County will by lump sum payment within 90 days of the date a made that a refund is due, refund anyMonthlyService Charges or other charges or parts determination is 9 9 thereof that the County or a court of competent jurisdiction by final judgment determines were (a) inaccurate, illegal or otherwise not entitled to be collected or (b) paid in the immediately preceding Fiscal Year in excess of the amounts required for such Fiscal Year under clause (iii) of the second sentence of Section 1.11. Rather than making a refund by lump sum payment, the County may at its option make refunds in successive monthly installments over such 90-day period or may make the refund in the form of a credit to future amounts due to the County by the Participant over such 90-day period. Interest shall -8- accrue on the refund at the same per annum rate specified in Section 1.16. Section 1.18. System Development Charges; Connection Charges. The County shall, in accordance with the Rules and Regulations, Sections 4.2 and 4.3, collect from Participants who apply for new or expanded service a System Development Charge and such Connection Charges as are appropriate to the service being provided by the County. Section 1.19. Industrial Wastewater. The County shall require all Industrial and other Participants who generate wastewater other than domestic strength wastewater to pre-treat its wastewater so that when it is discharged to the Sewer System it is of domestic strength. If for any reason a Participant discharges wastewater to the Sewer System, which exceeds domestic strength, the County agrees to surcharge such Participant so that the Monthly Service Charges charged other Participants are not impacted by the added cost incurred by the County in treating the non-domestic strength wastewater. The Participant shall not allow a customer, or itself, to dilute a high-strength wastewater as a method of treatment of said wastewater in order to comply with the County's Sewer Use Ordinance. Section 1.20. Limitations on Service; Curtailment. Any duty or obligation of the County to meet a Participant's sewer treatment needs, over and above any stated capacity the County contracts to provide in the Sewer Service Agreement with the Participant, is subject to limitations upon the County's ability to do so caused by (i) the amount of sewerage discharge permitted or available to the County, (ii) obligations of the County pursuant to Sewer Service Agreements to provide sewer service to other Participants, (iii) the capacity of the Sewer System and (iv) completion of any Improvements the County elects to make to enable it to provide sewer service to a Participant. Section 1.21. Temporary Interruptions. The County may at any time shut down the Sewer System in case of an accident, or for the purpose of making connections, alterations, repairs, changes or for any other lawful reasons. The County will endeavor to give as much notice as possible in advance of any interruption of service. It is the obligation of the Participant and not the County to protect the Participant's facilities connected with the Sewer System so that damage will not occur if service is suspended without notice. Section 1.22. Shut Off for Default; Acceleration and Notices. If payment of Monthly Service Charges or Capital Charges due from a Participant remain delinquent for a period of more than thirty(30) days, the County may take one or any combination of the following remedial steps: (i) service may, where permitted by applicable laws and regulations of the State, be suspended by the County; (Ii) the County, by written notice to the Participant, may declare an amount equal to the then outstanding Monthly Service Charges, Capital Charges and accrued interest thereon to be immediately due and payable as liquidated damages under this Sewer Service Agreement and not as a penalty, whereon the same shall become immediately due and payable; or (iii) the County may take whatever action at law or in equity may appear necessary or desirable to collect the amounts then due and thereafter to become due, or to enforce performance and observation of any obligation, agreement or covenant of the -9- Participant under this Sewer Service Agreement. The County will give each Participant twenty-four(24)hours notice prior to suspending service on account of non-payment of rates and charges. The County may also suspend service after thirty(30)days notice when a Participant violates any terms of a Sewer Service Agreement with the County or any rule or regulation and fails to remedy or cure such violation within the thirty(30)day notice period. Section 1.23. Sewer Service to New Participants. The County shall only provide sewer service to new Participants pursuant to a Sewer Service Agreement. Section 1.24. Amendments and Termination. It is recognized by the County and each Participant that the Participant's Sewer Service Agreement will constitute an essential part of the County's financing plan and that after Bonds have been sold,and notwithstanding a breach thereof by the County or the Participant,each Sewer Service Agreement cannot be terminated before the end of its original term or any extended term, amended, modified, or otherwise altered in any manner that will impair or adversely affect the security afforded thereby for the payment of the principal of,premium, if any, and interest on the Bonds, but that each Sewer Service Agreement can be terminated, modified or amended only with the consent of the parties thereto and the Trustee given in accordance with the Bond Order. The amendment of a Participant's Sewer Service Agreement shall not amend the provisions of any other Sewer Service Agreement. Nothing herein shall be construed to prevent the County or a Participant in the event of the breach of a Sewer Service Agreement from seeking injunctions, money damages or other relief, which does not seek to terminate or alter the Sewer Service Agreement. Section 1.25. Future Financing. The County may, in its sole discretion, Incur debt to pay for Project Cost overruns or Improvements. Section 1.26. Construction and other Cooperation. The County and each Participant currently constructing wastewater collection systems agree to cooperate with each other during design and construction of the Project and their sewer collection systems, such assistance to include, but not be limited to,exchange and review of design plans and specifications, providing access to each others work sites and easements for purposes of connecting to the Project and sharing information about start and completion dates, change orders and other matters that may adversely affect Costs. Each such Participant agrees to construct Its respective wastewater collection system and place it in operation with all reasonable dispatch and thereafter to operate-and maintain it in a prudent_and economical manner. The same shall be true for ail subsequent additions and Improvements as required to provide sewer services to all Participants, both current and future. Section 1.27. Books and Records. The County shall keep proper books and records in accordance with generally accepted accounting principles which shall be available for inspection at all reasonable times by each Participant. The County shall cause an annual audit of its books and records to be made by an independent certified public accountant at the end of each Fiscal Year. An allocated portion of the audit expense shall be a part of the O&M cost of the project. Section 1.28. Successors and Assigns. Each Sewer Service Agreement, including these Standard Provisions, shall be binding upon, inure to the benefit of and be enforceable by the parties thereto and their respective successors and assigns; provided, however, that neither a Participant nor the County may assign their rights,liabilities and obligations hereunder without the consent of the other party except that the County may assign all Sewer Service Agreements to the Trustee without the consent of any Participant. Section 1.29. Severability. If any provision of any Sewer Service Agreement, shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not affect any other provision thereof. Section 1.30. Waiver. Any party's failure to insist upon the strict performance of any provision of a Sewer Service Agreement, or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under the Sewer Service Agreement. Section 1.31. Counterparts. Sewer Service Agreements may be executed in several counterparts,any of which shall be regarded for all purposes as one original. Section 1.32. Controlling Law. Sewer Service Agreements shall be construed and enforced in accordance with the laws of the State of North Carolina. 2. TERM. This Sewer Service Agreement shall be in full force and effect for a period ending at the later of 30 years from the date of its execution or 5 years after the last maturity of the Bonds. It shall continue in effect beyond the initial term for successive 10-year terms unless terminated by the County or the Participant by either giving to the other written notice of termination at least three years prior to the expiration of the initial term or any extended term hereof. 3. PROJECT CONSTRUCTION. The County will construct the Project substantially in accordance with the plans and specifications therefore, as the same may be modified to meet requirements of appropriate regulatory bodies. The County shall require each person, firm or corporation with whom it may contract for the construction of the Project to furnish a payment and performance bond in the full amount of any contract. The proceeds of any such performance bond shall be applied toward the completion of the Project. 4. PAYMENT FOR PROJECT. The obligation of the County to construct the Project is limited to the funds available_to iLfrom time_to time-for_such purposes The_County_shall be under no obligation to provide funds for such purpose except through revenue bonds. If the revenue bonds, together with any other funds the County elects to use, are not sufficient to pay for the Costs of the Project, as bid, the County shall be entitled to recalculate the Capital Charge provided for herein. If the Participant does not consent to the new Capital Charge within 60 days of such recalculation, then the County may terminate this agreement. 5. FINANCING. The County shall, as soon as may be practicable and with all reasonable dispatch, obtain funding of the revenue bonds, which are in an amount sufficient to pay the Cost of constructing and placing the Project in operation; provided, however, that nothing contained in this Sewer Service Agreement shall require the County to issue Bonds except upon terms deemed reasonable by it. -11- 6. SEWER SERVICE. Subject to the terms of the Section 1 of this Sewer Service Agreement, the County agrees to construct, operate and maintain the Project and, upon completion thereof, to provide sewer service to the Participant in the amount of 1 million gallons per day (gpd). The Participant agrees to pay the County's Monthly Service Charge for sewer service and to assume the Participant's obligations set forth herein. All obligations of the County for payments under this contract shall be limited to revenues derived by the County from the operation of the Sewer System. The Participant covenants and agrees to maintain rates and charges for all services furnished by its sewer collection system which shall at all times be sufficient to satisfy and discharge its obligations under this contract and under any other agreement relating to the financing of the Project, in addition to the Participant's other operations and maintenance costs or any debt service of the Participant secured by a pledge of revenues. The County will endeavor to provide sewer service to the Participants by December, 2004. In addition the County agrees to meet the Participant's sewer treatment needs, subject to limitations upon the County's ability to do so caused by the lack of capacity of the treatment facilities, lack of discharge capability, and completion of any improvements by the County to enable it to provide the service provided for herein. In order to provide for the public health and welfare, the County will use its best efforts to develop additional treatment capacity for the Project, as needed, to meet the wastewater treatment needs of all Participants and will use sound financial planning to provide funds, through impact fees and related charges, and/or loans, necessary to provide the requisite facilities to meet such needs. 7. PARTICIPANT'S SHARE OF CAPITAL PROJECT COSTS. In order to pay the Participant's fair share of the capital Costs of the Project, the Participant promises to pay to the County in each month a Capital Charge equal to the sum of the amount due in such month set out in the schedule attached hereto as Exhibit A. The first Capital Charge shall be payable in the first month in which the Sewer System is capable of accepting and treating sewerage from the Participant, as determined by the County's consulting engineers. The Participant shall not be required to pay a Connection Charge or System Development Charge at the time the Participant initially connects to the Sewer System; provided, however, nothing herein shall prevent the County from charging the Participant a Connection Charge or System Development Charge if the Participant later needs modified or additional connections. 8. EFFECTIVE DATE. This Sewer Service Agreement shall become effective on the date of its execution. -12- IN WITNESS WHEREOF, the parties hereto, acting by and through their duly authorized representatives pursuant to the resolutions of their respective governing bodies, have caused this Agreement to be executed as of the day and year first above written. 1 THE COUNTY OF BRUNSWICK EST: 11 //ZZ:7/7/.A.______ •• NIA I . ' By: ,: iC i3'�'',, ,� . Donald Warren, Chairman tJ 1�'� ! it--,']tit '' � � .� „co ►,-'.. .Vre ` to th. Board t as , - TOWN OF HOLDEN BEACH �1� ;r, 4 • ,v J.y '++ay,'11%t\ S `t+= 41 4.0 /_ , _ A..t�1. BY him. .• . •�`L a _ / J.yr - Jerk to the Board es Lowell, Mayor `x0LWENBFq o �1y r to 2 4/4/2002 EASTIWEST BRUNSWICK REGIONAL WASTEWATER PROJECT POLICY GUIDELINES AND RULES AND REGULATIONS FOR RENDERING SEWER SERVICE THE COUNTY OF BRUNSWICK WHEREAS, the County of Brunswick is a political subdivision of the State of North Carolina operating subject to the Local Government Budget and Fiscal Control Act;and WHEREAS, the Cou nty owns and operates the East/West Regional Wastewater Pg a er (the f Pro' "Project")for the purpose of providing a reliable and self-sufficient source of sewer treatment to potential Participants commensurate with the orderly development and continued prosperity of the central part of the County;and WHEREAS, it is the County's goal to establish and charge reasonable and economical rates and charges for the service provided by the Project which are sufficient for the County to operate and maintain the Project as a financially self sustaining enterprise and to assure continued, uninterrupted sewer service to all Participants; and WHEREAS, the following guidelines for rate making and financing are intended to allocate the Cost of service to all Participants in an equitable manner: (a) Monthly Service Charges. The County shall develop for the Sewer System Monthly Service Charges, which reflect the County's Current Expenses and operating expenses during each Fiscal Year, the County's growth rate, its capital construction programs, and its financing requirements. The Participant recognizes, however, that charges in addition to Monthly Service Charges will be necessary to establish an overall system of rates and charges, which is equitable to all Participants. (b)Capital Charge. The County may,with legal capacity to obligate itself to do so, require Participants to pay for a minimum monthly capital charge without regard to the actual amount of service used by the Participants. (c) System Development Charges. Non-charter Participants shall pay their fair share of the Cost of existing facilities of the Sewer System, which in the opinion of the County directly or indirectly benefit all of the Participants of the Sewer System. Although it is the general policy of the County that new Participants are entitled to sewer service at the same Monthly Service Charges charged its existing Participants, the County recognizes that existing Participants have and will continue to provide funds to pay part of the Cost of facilities having a system-wide benefit through the payment of Monthly Service Charges or other amounts to the County. The County thus shall establish and collect System Development Charges so that later Participants pay a portion of the Cost of such facilities d,. previously paid by the existing Participants. • -2- (d) Connection Charges. The County shall establish and collect from each new Participant Connection Charges sufficient to pay the Cost of all facilities which the County identifies in its opinion as being exclusively for the direct or indirect benefit of the Participant and for which the Participant does not directly pay. NOW, THEREFORE, the following Rules and Regulations, as they may be hereafter amended, shall, together with the Sewer Service Agreement and the County's Sewer Use Ordinance, govern the rendering of sewer service by the County of Brunswick from the Project. ART!CLE I Definitions,Amendments and Applicability Section 1.1. Definitions. Capitalized terms used herein shall have the meaning set forth in the Standard Provisions to the Sewer Service Agreement unless otherwise Indicated herein. Section 1.2. Amendments. The County may from time to time amend these Rules and Regulations; however, the County shall give each Participant notice and an opportunity to comment on the proposed amendment. Section 1.3. Applicability. These Rules and Regulations, as amended, shall be binding on every Participant. ARTICLE It Sewer Service Section 2.1. Application for Service. Any potential Participant desiring sewer service must make a written application to the County (upon forms to be supplied by the County), setting forth in detail the location of the property to be served, including a map thereof, the estimated gallons per day (gpd) to be used or allocated, and such other information as the County may require. Section 2.2. Sewer Service Agreements. Sewer service shall be supplied to-a Participant only pursuant to a Sewer Service Agreement containing the County's Standard Provisions. ARTICLE III Connections and Ancillary Service Facilities Section 3.1. Connections. Each Participant shall be responsible, at its sole cost and expense, to make all installations of facilities necessary for connection to the Sewer System (i.e. pipelines, pump stations and all other necessary Ancillary Service Facilities). All design plans shall be reviewed by the County prior to submittal to the State for approval. If applicable, all fees and charges due the County for 4- the connection shall be due and payable prior to initiation of service at the Point(s)of Delivery. Section 3.2. Participant's Service Facilities. The Participant's Service Facilities shall be installed and maintained by such Participant at its sole cost and expense, but shall be subject to inspection by the County before service is connected. Section 3.3. Control of County Equipment. Supply lines, meters and other equipment of the County shall be under its exclusive control, and no persons, other than authorized employees, agents or contractors of the County, subject to Participant Inspection privileges as outlined in Section 1.7 of the Standard Provisions to the Sewer Service Agreement, shall repair, change or interfere with them in any way. ARTICLE IV Monthly Service Charges Section 4.1. Monthly Service Charges. The County shall annually establish Monthly Service Charges sufficient to cover all expenses for the ensuing Fiscal Year as identified in the Annual Budget for the Sewer System. Monthly Service Charges will be determined in view of sewer use projections for each ensuing Fiscal Year provided by Participants and on historical use data. Monthly Service Charges thus established shall be billed to Participants by the County as hereinafter provided on the basis of actual metered usage. The establishment and billing of Monthly Service Charges shall also reflect the payment of Capital Charges,when applicable. The County shall adopt an Annual Budget for the Sewer System for each Fiscal Year in accordance with the Local Government Budget and Fiscal Control Act. Expense components of each Annual Budget shall include: A. Operating Expense Components. (i)Current Expenses. (ii)An operating and maintenance reserve. (iii)Appropriations to repair/replacement reserves for purposes of timely correction of any mechanical/physical deficiencies which arise out of normal system use or which are not correctable from insurance proceeds or other monies readily available to the County. The level of such reserves shall be based upon an annual inspection of the Sewer System and recommendations by the County's consulting engineer. (iv) Debt Service, including such debt service reserves and other funds, accounts and reserves as may be required by Instruments of debt authorization and such other amounts as may be required to comply with the covenants contained in instruments of debt authorization. (v)An allowance for depreciation based on the Cost of the Sewer System to be applied as provided for in instruments of debt authorization of the County and the County ordinance establishing a -4- capital replacement reserve fund pursuant to Chapter 159, Art. 3, Part 2 of the North Carolina General Statutes. B. Capital Expense Components. (i) Reimbursements of Advances for Construction due during the Fiscal Year, which are not reimbursed from Current Expenses. (ii) Such other components regarding Sewer System development and growth as the County shall identify as being necessary or appropriate. Notwithstanding the foregoing, Monthly Service Charges shall always be established so as to comply with Section 1.11 of the Standard Provisions of the Sewer Service Agreement or such other provisions of any Sewer Service Agreement controlling the establishment and billing of Monthly Service Charges and to comply with any documents of debt authorization. Section 4.2. System Development Charges. The County shall collect from Participants who apply for new or expanded service after the effective date of these Rules and Regulations a System Development Charge based on the Cost of the County's East/West Regional Sewer Project facilities for the applicable Project existing at the time payment of the charge is due. Each System Development Charge shall equal an amount which bears the same ratio to the Cost of the East/West Regional Sewer Project as the average gallons per day (gpd) of sewer capacity requested by a Participant bears to the total average gpd of sewer capacity of the Sewer System, as determined from time to time by the County's consulting engineer. Adjustments will be made to a System Development Charge if a Participant uses more sewer capacity than requested. In such cases where a Participant provides sufficient guarantee of payment, the Participant may with the consent of the County pay any System Development Charge by periodic payments upon such terms as the County deems appropriate, including interest. Section 4.3. Connection Charges. The County shall charge each Participant a Connection Charge representing the Cost of any Ancillary Service Facilities provided by the County necessary for connection to the Sewer System (although it is the general policy of the County for Participants to pay such costs directly and perform any work necessary for connection pursuant to plans approved by the County). Ancillary Service_Facilities-shall include, but are_noLlimited_to, (i)the_tap to the_County's pipeline, and (ii) the meter installation. The County shall own Ancillary Service Facilities notwithstanding that the Cost thereof is paid by a Participant. If any Participant, following the initial service connection, requests a change in service requiring different Ancillary Service Facilities, all Cost associated with the installation of new Ancillary Services Facilities shall be paid by the Participant. Section 4.4. Billing and Payment Dates. The County will mail each Participant a bill not later than the 5th day of each month covering sewer treatment provided during the previous month. Payment of bills is due on or before the 20th day of each month in which the bill is rendered. ARTICLE V Meters -5- Section 5.1. Sewer Service Metered. Each Participant shall be billed based on a separate meter or, if necessary and at the option of the County, through a separate battery of meters. Where a battery of meters is installed, the registrations of such meters shall be combined for billing purposes. Section 52. Installation. Meters shall be furnished, installed an d ed a d removed onlybyCounty the at the sole cost of the Participant, and the County shall approve the location, type and size of meter(s) to be installed. Where meters are installed upon the premises of a Participant, the Participant shall provide the County's representatives and employees free, reasonable and safe access to the same by means of a utility easement. Section 5.3. Maintenance. Meters will be maintained by the County at its expense Insofar as ordinary wear is concerned, but damage to any meter caused by the Participant's facilities, operations, negligence or carelessness or that of the Participant's own customers shall be paid by the Participant. Section 5.4. Tests. All meters shall be accurately tested before installation. Meters will also be periodically tested in accordance with accepted practice, but not less than annually. The County may at any time remove any meter for routine tests, repairs or replacement. The County shall upon request of a Participant, and if the Participant so desires, in the Participant's presence or that of the Participant's authorized representative, make, without charge, a test of the accuracy of the meter in use, provided the meter has not been tested by the County within a period of nine (9) months previous of such request, and that the Participant will agree to abide by the results of such test in the adjustment of disputed charges. A written report of the results of the test shall be furnished to the Participant. If the test results are acceptable, based on manufacturer's specifications, and the meter has been tested within the previous nine (9)month period, the Participant shall pay the cost of the test. Section 5.5. Error. Whenever a test of a meter reveals it to have an average error of more than three percent (3%), the County shall bill or refund to the Participant, as the case may be, such percentage of the amount reflected on bills covering the consumption indicated by the meter for the previous three (3) months, as the meter was found to be in error at the time of test, unless it can be shown to the satisfaction of the County that the error found had existed for a greater or lesser period, in which case the adjustment shall cover such actual period. ARTICLE VI COMMITTEES Section 6.1. Oversight Committee. There is hereby established an Oversight Committee for the Project. Each Participant shall appoint one representative and one alternate representative to represent them on the committee. The Oversight Committee shall meet at least once each quarter. The cost and expenses of the Oversight Committee shall be a Current Expense. The representatives shall be entitled to elect a chairman and vice chairman. The Oversight Committee is formed for the purpose of fostering communications between the Participants and the County. The committee shall: (i). Review and make recommendations relating to each Annual Budget and any capital project _6- budget relating to Improvements; (ii). Review quarterly and end-of-year financial reports, each annual audit and annual inspection report of the County relating to the Sewer System; (iii). Request additional audits, inspections and work when deemed necessary; (iv). Review the County's and each Participant's sewer rate structure and make recommendations as to funding of capital reserve accounts to insure that the County and/or Participant(s)is capable financially of making Improvements when needed to meet the needs of Participants; (v). Review expansion plans of each Participant and recommend to the Participant a system of fees that will be available for use by the County when Improvements are required by virtue of the Participant's expansion plans (it is the policy of the County to encourage each Participant to establish in its respective sewer ordinance a system of impact fees that not only address expansion of the Participant's collection system but also expansions to the Sewer System required by the collection system expansion); (vi). Recommend amendments to the Sewer Service Agreement, these Rules and Regulations, the County Sewer Use Ordinance, or any Participant's Sewer Use Ordinance; (vii). Make recommendations concerning expansion of the Sewer System and/or the Participant's Service Facilities; (viii). Attempt to settle disputes between the County and the Participants or between Participants; (ix). Otherwise encourage cooperation between the Participants and the County and the success of the Sewer System; (x). Report its findings and recommendations to the governing body of each Participant. Section 6.2. Technical Review Committee. There is hereby established a Technical Review Committee comprised of the Participants. Each Participant shall appoint a representative to the Technical Review Committee, which representative shall be the Participant's chief wastewater operations and maintenance officer. The Technical Review Committee may elect a chairman, a vice chairman and shall meet at least once in each fiscal year. The purpose of the Technical Review Committee shall be to: -7- (i). Review and evaluate construction, operation and maintenance of the Sewer System; (ii). Make recommendations as necessary for improvement of operation and maintenance of the Sewer System and delivery of services. Upon adoption by a majority of the representatives on the Technical Review Committee, such recommendations shall be submitted to the County and the Oversight Committee in writing, and the County shall make appropriate response thereto in writing to the Technical Review Committee and Oversight Committee. EXHIBIT A CAPITAL CHARGE REPAYMENT SCHEDULE Revised 6/7/2002 EXHIBIT A • CAPITAL CHARGE REPAYMENT SCHEDULE Revised 6/07/2002 In accordance with the Finance Plan, the Town of Holden Beach is obligated to begin paying a Capital Charge to Brunswick County in the first month that wastewater service is available. The annual Capital Charge payment schedule assumes that wastewater service is available by January 1, 2005. The payment schedule is as follows: FISCAL YEAR PAYMENT 2004-2005 $512,692 2005-2006 $1,025,385 2006-2007 $1,025,385 2007-2008 $1,025,385 2008-2009 $1,025,385 2009-2010 $1,025,385 2010-2011 $1,025,385 2011-2012 $1,025,385 2012-2013 $1,025,385 2013-2014 $1,025,385 2014-2015 $1,025,385 2015-2016 $1,025,385 2016-2017 $1,025,385 2017-2018 $1,025,385 2018-2019 $1,025,385 2019-2020 $1,025,385 2020-2021 $1,025,385 2021-2022 $1,025,385 2022-2023 $1,025,385 2023-2024 $1,025,385 2024-2025 $1,025,385 2025-2026 $1,025,385 2026-2027 $1,025,385 2027-2028 $1,025,385 2028-2029 $1,025,385 2029-2030 $512,692 Exhibit A—Holden Beach 6/24/2002 F EXHIBIT B PROJECT DESCRIPTION EXHIBIT B PROJECT DESCRIPTION Brunswick County will construct a new wastewater treatment facility to serve the West Brunswick County Regional 201 Planning Area. The West Brunswick Regional Wastewater Treatment Facility will be constructed with a capacity of 3.0 mgd. Construction will also include the regional collection lines (shown in blue on the Attachment to Exhibit B) and pumping stations (shown in green on the Attachment to Exhibit B). The tertiary facility will be designed to provide an effluent that will meet or exceed the Department of Environment and Natural Resources' (DENR) reuse criteria. DENR's reuse criteria requires that a wastewater facility meet the following requirements: • A monthly average for Total Suspended Solids (TSS) of less than or equal to 5 mg/I and a daily maximum TSS of less than or equal to 10 mg/l. • A monthly geometric mean of Fecal Coliform of less than or equal to 14/100 ml and a daily maximum of Fecal Coliform of less than or equal to 25/100 ml. • A monthly average for Biological Oxygen Demand (BOD) of less than or equal to 10 mg/I and a daily maximum BOD of less than or equal to 15 mg/l. • A monthly average for Ammonia of less than or equal to 4 mg/1 and a daily maximum Ammonia of less than or equal to 5 mg/I. • Continuous on-line monitoring of turbidity is required and the effluent to be used for irrigation cannot exceed 10 NTU. In addition to meeting these effluent requirements, the facility will include a storage pond for wastewater effluent that does not meet the reuse criteria and a storage pond for times when inclement weather prevents spraying of the wastewater on the disposal site. An effluent disposal site has been identified for the facility where the treated wastewater can be sprayed__Sludge_generated at the-facility will be-treated-to meet,EPA's503 Regulations for a Class A sludge. The ultimate disposal of the sludge will be by Iand application. The Regional Wastewater System will serve the following entities. • Holden Beach • Unincorporated areas of Brunswick County Page 1 J WEST BRUNSWICK REGIONAL WASTEWATER SYSTEM SEWER SERVICE REGIONAL PARTICIPANT AGREEMENT THIS SEWER SERVICE REGIONAL PARTICIPANT AGREEMENT, dated as of the 2 day of►Okxrc mhev, 2020 by and between the COUNTY OF BRUNSWICK, a political subdivision of the State of North Carolina (the "County"), and the CITY OF SOUTHPORT, a municipal corporation organized under the laws of the State of North Carolina (the "City" or "Participant") is made pursuant to North Carolina General Statutes, Article 20, Part 1 of Chapter 160A; Article 16, Part 1 of Chapter 160A; and Article 15 of Chapter 153A, and in consideration of the promises made to one another in this Agreement, as follows: SECTION 1 PURPOSES AND INTENT OF AGREEMENT 1.1 The purpose of this Agreement is to affirm a regional inter- governmental approach to the provision of wastewater treatment services and to provide and fund the expansion of wastewater treatment services for the benefit of the City of Southport and unincorporated areas of Brunswick County. The availability of these services is vital to the public health, welfare, and economic growth of these units of local government. 1.2 Brunswick County owns and operates the West Brunswick Regional Wastewater Reclamation Facility, the Shallotte Wastewater Treatment Plant, associated regional pump stations, sewer transmission force mains and effluent disposal facilities (together comprising the "West Brunswick Regional Wastewater System" or "West System"), with daily treatment capacity of 6.5 million gallons. The County has participation agreements with the Towns of Holden Beach, Oak Island, and Shallotte for guaranteed capacity in the System, along with the County itself. The City of Southport, while not being a participant in the system, had leased capacity of 0.75 MGD in the West System. Increasing levels of use among all participants diminished the excess capacity available for continued lease without further plant expansion. 1.3 The City of Southport has a current and long-term need for an additional wastewater treatment capacity for its citizens. On February 10, 2020, the City of Southport unanimously passed a motion stating its desire to join the County's West Brunswick Regional Wastewater System and requesting an allocation of treatment capacity in the amount of 750,000 gallons per day. -1- 1.4 Participation in the West System provides the benefits of regional cooperation, which include the ability to use available excess capacity in the system subject to permit requirements, as well as lower operating costs and maintenance. The County remains responsible for State permit compliance, as well as for the legal, financial, and administrative details of operating the System. 1.5 The County, with funding assistance from the City of Southport, will construct a 0.75 MGD expansion of the West System for wastewater treatment and effluent disposal, and the City of Southport will purchase 0.75 MGD of transmission capacity in the existing system, pursuant to terms outlined herein. 1.6 The County and the City have determined that participating in a regional wastewater treatment and transmission system creates economies of scale and a long-term secure source of high-quality wastewater treatment with savings and other tangible and intangible benefits for system users. 1.7 The County and the City have previously entered into agreements related to sewer service as follows: a) 2008 Short Term Use of County's Treatment Capacity in the West Brunswick Regional Wastewater Treatment System by the City of Southport; b) 2011 City of Southport Sewer Transmission Facilities Agreement; c) 2012 Modification Agreement (of the 2011 Agreement); d) 2015 Amendment No. 1 to the 2008 Short Term Use Agreement; e) 2017 Sewer Service Agreement; and f) 2018 Interlocal Agreement for Funding of Wastewater Plant Expansion Between Brunswick County and the City of Southport. 1.8 The County and City acknowledge and agree that all of the agreements listed in the preceding section are terminated, null, and void. 1.9 Within 30 days after execution of this Agreement, the City will convey to the County its rights, title, and interests in the Sandy Lane Pump Station, the wastewater meter vault on Highway 211 near Dutchman's Acres Subdivision, and the 16" effluent Force Main downstream of the Sandy Lane Pump Station (Sandy Lane Pump Station to its connection with the County's force main on Highway 211 near St. James Drive). (The City may tie future force mains or gravity sewers into the receiving manhole at the Sandy Lane Pump Station.) If the Sandy Lane Pump Station is encumbered by debt related to its construction when this Agreement is executed, then the County will work with the City to pay off such debt so that ownership may be conveyed unencumbered and free of claims to the satisfaction of the County. In addition, the City acknowledges that it will continue to honor and -2- effectuate the property rights assignments and transfers granting unrestricted access and use of easements, lands, interests, and rights in lands required for the operation, maintenance, construction, re-construction, and expansion of the Sandy Lane Pump Station, the wastewater meter vault on Highway 211 near Dutchman's Acres Subdivision, the 16" effluent Force Main downstream of the Sandy Lane Pump Station, and the County's force main that runs from Boiling Spring Lakes to the Rivermist Pump Station through the Wescott Estates and Rivermist subdivisions. The easements and rights of way on the road leading from the Sandy Lane Pump Station to North Howe Street are specifically included in this conveyance. 1.10 The City of Southport shall have the sole right to provide wastewater service to any parcel or property within its municipal limits, as well as any other property connected and being served by the city as of the date of this agreement. The complete list of properties located outside the city limits that are connected and being provided wastewater service by the City are contained in Exhibit B. Execution of this agreement shall not require the exchange of any customers between the City and the County. The County shall continue to provide wastewater service to subdivisions it currently services and to any future phases thereof. The property owner of any other parcel may pursue, and be provided, wastewater service from any public provider willing, able, and legally permitted to do so; however, neither the County nor the City may install wastewater collection system pipes in the same public street or road rights-of-way alongside or directly across from where the other party has already installed and is maintaining wastewater collection system pipes, without the other party's consent. SECTION 2 PLANT EXPANSION TO ACCOMMODATE CITY 2.1 Brunswick County will construct a 0.75 MGD expansion of the West Brunswick Regional Wastewater System such that the system will have a total treatment capacity of 7.25 MGD. Construction will also include effluent reuse lines to designated effluent reuse locations and effluent disposal systems at the effluent reuse sites. 2.2 Once the City becomes a Participant in the West Brunswick Regional Wastewater System, the County agrees to provide the City sewer service in the amount of seven hundred fifty thousand gallons per day (gpd). 2.3 Brunswick County will initiate future expansions and calculate participant costs and allocations in accordance with the West Brunswick Regional Wastewater Project Policy Guidelines and Rules and Regulations for Rendering Sewer Service, as amended and in effect at the time. -3- SECTION 3 PROJECT FINANCING 3.1 The City will be financially responsible for all design, construction, and financing costs related to the improvements made to serve the City of Southport relative to the 0.75 MGD expansion. The elements of those costs are set out in more detail in Section 3.3. 3.2 In addition to the expansion costs described in detail hereafter, Participant agrees to pay, on an ongoing basis, the County's Monthly Service Charge for sewer treatment and transmission service and to assume the Participant's obligations set forth herein. All obligations of the County for payments under this contract shall be limited to the funding provisions described herein or from revenues derived by the County from the operation of the Sewer System. The Participant covenants and agrees to maintain rates and charges for all services furnished by its sewer collection system which shall at all times be sufficient to satisfy and discharge its obligations under this contract and under any other agreement relating to the financing of the Project, in addition to the Participant's other operations and maintenance costs or any debt service of the Participant secured by a pledge of revenues. 3.3 The City promises to pay the County Capital Charges following award of the construction contract and/or when SRF loan proceeds are available to the City and the County has incurred reimbursable projects costs. Capital Charges shall be actual costs incurred and agreed upon capital contributions for use of existing infrastructure. Based on preliminary budget estimates, the cost of design and construction of expanding the West System to add 0.75 MGD of capacity would be approximately$25,760,000. This estimated total cost figure consists of the expansion design, permitting and construction cost estimate of$18,338,881 and the 0.75 MGD transmission capacity payment for capital contribution toward existing transmission line infrastructure of$7,421,119, for a total plant and capacity expansion estimated to cost $25,760,000. The $7,421,119 payment for capital contribution toward existing transmission line infrastructure and engineering costs incurred through the bidding period shall be due within 30 days of the Brunswick County Board of Commissioners awarding the construction contract for the "Project." 3.4 All costs associated with the completion of the 0.75 MGD treatment and effluent disposal expansion, including engineering, design, and construction, will be paid for by the City of Southport. This portion of the cost is estimated at $18,338,881. Also, the cost for participation in system transmission capacity of 0.75 MGD is $7,421,119, for a total plant and capacity expansion estimated to cost $25,760,000. 3.5 The County will construct, own, and operate the expansion and the West System. -4- 3.6 The City represents that it has an agreement with the Division of Water Infrastructure for use of the proceeds of DWI's loan to Southport to reimburse the County for the engineering, design, and construction of the expansion to the County's system, and for the purchase of existing transmission system allocation, but that the City shall remain the applicant and loan recipient. 3.7 The City agrees to commit the loan proceeds for the use and/or reimbursement of the County for engineering, design, transmission capacity purchase, and construction of expansion to the West System in such a manner as the County deems necessary to provide the City with transmission capacity and treatment of 0.75 MGD of wastewater, depending upon final construction costs and the amount of total loan proceeds available. 3.8 The City shall comply with all steps necessary to secure the loan to finance the costs of the design and construction of the Project. The City shall comply with all loan requirements of the Division of Water Infrastructure and shall comply with regulations to ensure that project services are reimbursable to the maximum extent possible. 3.9 The County agrees to design and construct the Project in accordance with the requirements of the NC DEQ Division of Water Infrastructure including approval of the plans and specifications, approval of change orders and related construction documentation, as specified in the Loan Agreement to be executed by and between NC DEQ Division of Water Infrastructure and the City. The County agrees to advertise the Project for bids and award the bids in accordance with the NC DEQ Division of Water Infrastructure requirements. The County agrees to provide such documentation to the City or NC DEQ about the Project as required for approval. by the NC DEQ Division of Water Infrastructure. Costs paid by the County for engineering design expenses prior to award of the SRF proceeds will be submitted as project costs for reimbursement as soon as the SRF loan proceeds are available to the City and reimbursement made in the manner described hereafter. 3.10 The County shall submit to the City a written requisition for all costs to be reimbursed for each month, together with any documents or other items required by the City or Division of Water Infrastructure staff. Upon receipt of any eligible invoices received by the 5th of each month, the City will process and submit a requisition for loan proceeds to the Division of Water Infrastructure within five (5) business days. Upon receipt of funds from the State Water Infrastructure Authority or Division of Water Infrastructure, the City shall, on its next scheduled accounts payable run, remit such funds to the County. 3.11 The Project will be accounted for in a manner consistent with generally accepted accounting principles and in consult with independent accounting firms engaged by both the City and County and the Local Government Commission of North -5- Carolina in an effort to ensure that neither entity incurs audit exceptions. It is anticipated that the assets will he owned by the County and shown as assets in the County's audited financial statements. The Loan, debt service payments for which will be made by the City, will be shown as a liability in the City's audited financial statements. Payments made by the City to the County pursuant to this Interlocal Agreement will be treated as contributed capital from the City and will offset the costs of the Project paid by the County to the contractors. 3.12 If the City is unable to fund the expansion as described above and the County elects to finance the project through the issuance of revenue bonds, together with any other funds the County elects to use, then the County shall be entitled to recalculate the Capital Charge provided for herein and the City shall be liable for reimbursement payments to the County commensurate and at the same time as the Co unty's s debt service y payments. 3.13 The County and the City agree to cooperate with each other and provide information to the other, as requested, regarding the City's procurement of project financing as contemplated herein and the submission of requisitions for loan proceeds and regarding the County's design, bidding, contracting, and construction processes, such cooperation to include, but not be limited to, making available design plans and specifications, providing access to the expansion construction site, and sharing info rmation about the status of design, bidding ,i g, contracting and construction, any change orders, and other matters that may adversely affect costs. The County agrees to construct the plant expansion and transmission line infrastructure and place them in operation with all reasonable dispatch and thereafter to operate and maintain them in a prudent and economical manner. SECTION 4 STANDARD PROVISIONS FOR SEWER SERVICE 4.1 In order to receive sewer service from the County, the Participant agrees to be bound by these Standard Provisions. 4.2 Definitions. The following words as used in this Sewer Service Agreement shall have the following meanings. "Act" shall mean The State and Local Government Revenue Bond Act, constituting Article 5 of Chapter 159 of the General Statutes of North Carolina, as amended. "Advances for Construction" shall mean those funds advanced by the County for planning, project management, acquisition, engineering, legal or construction costs of the Project. -6- "Ancillary Service Facilities" shall mean those facilities of the Sewer System that have been identified by the County in its sole discretion as directly or indirectly benefiting only the Participant using them and which have no system-wide benefit, and shall include, but are not limited to, (i) the tap to the County's pipeline, and (ii) the meter installation. "Annual Budget" shall mean the budget or amended budget of the County for each Fiscal Year with regard to the Sewer System. "Bonds" shall mean the bonds of the County or any other evidence of indebtedness issued by the County or any financing obligation executed by the County to raise funds for the Cost of the Project or to pay for Improvements. "Bond Order" shall mean the bond order or other resolution or order adopted or financing document executed by the County authorizing issuance of the Bonds, together with all orders amendatory thereof and supplemental thereto. "Capital Charge" shall mean a periodic payment charged by the County to a Participant for making sewer service available in those cases where the County has advanced funds to pay for Improvements needed to make such sewer service available. "Capital Expenses" shall mean an obligation incurred to acquire new physical assets and/or incurred to acquire the replacement and/or upgrade of existing physical assets and to be paid from sources other than Current Expenses, i.e. Renewal and Replacement Fund, debt proceeds and designated retained earnings. "Connection Charge" shall mean a separate charge covering the Cost of Ancillary Service Facilities that is not included as a component of the County's Monthly Service Charges as defined in the Rules and Regulations. "Cost" shall mean cost as defined in North Carolina General Statute 162A-2(3) and shall include "cost of an undertaking" as that phrase is defined in G. S. 159-81(3). "County" shall mean the County of Brunswick, a Political Subdivision of the State of North Carolina. "County Sewer Use Ordinance" shall mean the Sewer Use Ordinance of the County as defined in Section 4.11 of these Standard Provisions. "Current Expenses" shall mean the County's ongoing and recurring expenses during each Fiscal Year for operation and maintenance of the Sewer System as determined in accordance with generally accepted accounting principles including, but not limited to, all administrative, general and commercial expenses, insurance -7- and surety bond premiums, payments for the billing and collection of rents, rates, fees or other charges imposed or charged by the County for the use of the Sewer System, legal expenses paid to outside sources, any taxes which may be lawfully imposed on the Sewer System or the income or operations thereof or the property forming a part thereof, usual expenses of maintenance, repair and operation, including cost of power and administrative expenses and salaries, refunds, any other current expenses required to be paid by the County under the provisions of the Bond Order or by law, all to the extent properly and directly attributable to the Sewer System, and the expenses, liabilities and compensation of the Trustee. "Current Expenses" does not include any reserves for operation, maintenance or repair, any allowance for depreciation, amortization, interest on Bonds or other long term indebtedness or similar charges, any expenditure for which the County has made, Connection Charges or any reimbursement of Advances for Construction. "Debt Service" shall mean the sum of money required to pay installments of principal and interest on indebtedness incurred by the County for the Sewer System in a Fiscal Year. "Fiscal Year" shall mean the period commencing on July 1 of any year and ending on June 30 of the following year, or such other fiscal year, which the County may adopt. "Improvements" shall mean any additions, enlargements, improvements, extensions, alterations, fixtures, equipment, land, appurtenances or other facilities to or for the Project. "Monthly Service Charge(s)" shall mean the rates of charge for sewer service established pursuant to Section 4.12. of these Standard Provisions and the Section 4.1 of the Rules and Regulations. "Oversight Committee" shall mean the committee established under Section 6.1 of the Rules and Regulations. "Participant" shall mean a governmental unit, which enters into a Sewer Service Agreement with the County. Southport shall become a Participant once the "Project"is capable of accepting sewage for treatment and has paid all County Capital Charges up to the amount of the SRF funds estimated at $25,795,747. If project costs exceed the funds available through SRF and the City has paid the County up to the SRF funding level, additional Capital Charges may still be due, but"Monthly Service Charges" per Section 4.12 shall be paid at the West Brunswick Regional Wastewater System Participant's wholesale rate. Until then, Southport will continue to pay the commercial rate for monthly sewer treatment; however, the standard commercial sewer Capital Recovery Fees and Sewer Transmission Capital Recovery Fees shall not apply so long as the City continues to pay County Capital Charges when due.. -8- "Participant's Service Facilities" shall mean the sewer collection and transmission facilities owned by a Participant and commencing at the connection on the Participant's side of the County's meter and servicing the sewer collection system, customers or other facilities of such Participant. "Participant Sewer Use Ordinance" shall mean an ordinance conforming to State and Federal regulations and requirements adopted by each Participant engaging in the sewer collection and/or treatment business regulating the operation and maintenance of its sewer collection and/or sewer treatment facilities. "Point of Delivery" shall mean the point or points mutually agreeable to the County and a Participant where the County shall accept delivery of sewage from a Participant. "Political Subdivision" shall mean a municipal corporation, county or other political subdivision of the State. "Project" shall mean the Project described in Section 1.5 and Section 2 of this Agreement. "Rules and Regulations" shall mean the rules and regulations adopted from time to time by the County for administering the Sewer System. "Sewer Service Agreement" shall mean the agreement, as amended, between the County and a Participant for the purchase and sale of sewer treatment capacity, including the Standard Provisions. "Sewer System" shall mean the Project plus any Improvements. "Standard Provisions" shall mean the Standard Provisions to Sewer Service Agreements, as amended from time to time. "State" shall mean the State of North Carolina. "System Development Charge" is a charge for a Participant's share of capital construction costs and shall have the same meaning as System Development Charge as defined in Section 4.2 of the Rules and Regulations, as amended from time to time. "Trustee" shall mean the Trustee at the time serving as such under the Bond Order. 4.3 Warranties. The County and each Participant represents and warrants that each has full power and authority to enter into and perform any and all provisions of the Sewer Service Agreement between the County and the Participant. -9- 4.4 Sewer Service. Subject to the other terms of this Sewer Service Agreement, the County will furnish sewer service to each Participant in accordance with the Participant's Sewer Service Agreement. Each Participant will discharge or deliver wastewater to the Sewer System for treatment at a mutually agreeable Point of Delivery through a meter(s) in accordance with the Rules and Regulations. The County and the Participant engaging in the sewer business shall cause to be in force, at all times, a State approved sewer use ordinance and shall abide by and enforce the provisions and requirements of the same. 4.5 County to Provide All Sewer Treatment. So long as the County is capable of providing to a Participant its sewage treatment needs, a Participant shall not acquire or produce sewer treatment capacity from any source other than the County, nor allow treatment of sewage within its jurisdiction by any other entity, without the express written consent of the County, which consent shall not unreasonably be withheld. 4.6 Meters. Procedures for the installation, operation, maintenance, calibration, and reading of meters and adjustment of meter readings shall be set forth in the Rules and Regulations. 4.7 Operation of Sewer System. The County shall operate and maintain, or cause to be operated and maintained, the Sewer System in a safe, efficient and economical manner, making all necessary and proper repairs, replacements and renewals, consistent with good business and operating practices for comparable facilities and in accordance with applicable standards of regulatory bodies. Current Expenses in any Fiscal Year shall not exceed an amount that is reasonable and necessary and that is designated as Current Expenses in the County's Annual Budget for such Fiscal Year. 4.8 Inspection of the System. If requested by the Technical Review Committee hereinafter established in the Policy Guidelines and Rules and Regulations for Rendering Sewer Service, the County shall cause a consulting engineering firm experienced in wastewater treatment plant operation to inspect the Sewer System at least once every twelve (12) months and to submit a report identifying any operational, maintenance, or repair problems of the Sewer System and setting forth for the next ensuing (twelve) 12-month period (i) recommendations as to any revisions that should be made in the methods of operation or maintenance of the Sewer System and any repairs that must be made to maintain the Sewer System in such period, together with an estimate of the cost of such repairs and methods, (ii) an estimate as to the amount of adequate reserves for extraordinary repairs, renewals and replacements to the system in such period, (iii) an estimate as to the staffing requirements of the County for the Sewer System for such period, and (iv) an estimate as to any additional insurance that may be needed to insure the County against loss due to casualty loss or damage to the Sewer System. The County -10- shall be obligated to undertake any action recommended in the engineer's report, which the County would be required to take to comply with Section 4.7. of these Standard Provisions. A Participant may at its own cost and expense cause a consulting engineer to inspect the Sewer System at least once every twelve (12) months upon sixty (60) days' notice to the County. A copy of the Participant's inspection report shall be provided to the County. 4.9 Insurance. The County shall carry at all times insurance covering all properties belonging to the Sewer System as are customarily insured, against loss or damage from such causes as are customarily insured against by enterprises of a similar nature and of a type and form as may be required by the Bond Order. The County also shall carry workers' compensation insurance, use and occupancy insurance, employer's liability insurance, boiler and machinery insurance, public officials liability insurance, automobile liability insurance, and commercial general liability insurance insuring against bodily injury and property damage arising out of the operations of the County. Such insurance shall be maintained with a financially responsible insurance company or companies, authorized and qualified under the laws of the State to assume the risk thereof. The proceeds of insurance shall be applied as provided in the Bond Order. If the County determines, and so certifies to the Trustee, that the amount of insurance coverage required by this Section or by the Bond Order is not available on reasonable terms and conditions, the insurance coverage required by this Section and the Bond Order may be modified in accordance with such determination, and the coverage as modified shall constitute the minimum requirements of this Section and the Bond Order. 4.10 Observance of Regulations. Each Participant covenants and agrees to observe the Rules and Regulations which have been adopted by the County (and as they may be amended) respecting the use of and services furnished by the Sewer System or legally required by any other authorized regulatory body. 4.11 Observance of Sewer Use Ordinance. Each Participant covenants and agrees to observe the Sewer Use Ordinance of the County adopted November 21, 1994, as amended (the "County Sewer Use Ordinance"), respecting discharge of wastewater to the Sewer System. Any Participant that operates a sewer collection and transmission system agrees (i) to cause its own customers to comply with the Participant's Sewer Use Ordinance or the County Sewer Use Ordinance, whichever is more stringent, and (ii) to adopt and at all times maintain in effect and enforce a State approved sewer use ordinance for its own system which shall require compliance with the County Sewer Use Ordinance notwithstanding the provisions of the Participant's Sewer Use Ordinance. A Participant's Sewer Use Ordinance shall also require that any customer of the Participant which intends to discharge non- domestic strength wastewater to the Participant's wastewater collection system shall first make application to the Participant. A Participant shall be responsible to the County for any damage to the Sewer System caused by its own customers and/or civil -11- penalties assessed for violation of the County Sewer Use Ordinance or the County's discharge/non-discharge permit for the Project. 4.12 Monthly Service Charge. The County shall fix and determine on an annual basis a Monthly Service Charge for sewer treatment furnished to all Participants. Monthly Service Charges shall be established by the County at such levels as may be necessary to provide funds, together with other available funds, at least sufficient in the aggregate at all times to pay (i) Current Expenses, and (ii) Capital Expenses in each fiscal year for which Debt Service is not incurred and (iii) the Debt Service on financing obligations of the County for the Sewer System as the same become due, including all debt service reserves and other funds, coverage, accounts and reserves as may be required by any order or resolution authorizing the issuance of bonds, including the Bond Order. A Participant will receive a credit against its payment obligation under this Section for any amount paid under Section 3. The County shall be entitled to revise its Monthly Service Charges through an annual budget for a fiscal year to be presented for review by the Oversight Committee by March 1st of each year to comply with this Section. The Brunswick County Board of Commissioners shall take action establishing the Monthly Service Charge, effective July 1, on the first Monday in April. Monthly billings to a Participant shall be determined by applying the rates determined pursuant to this Section to the total amount of sewage treated for each Participant as obtained from the County's meter readings. The County maypresent charges based on budget estimates,3 g g subject to adjustment based on actual meter readings. The monthly billings and payments of the Participant are based on a rate that it estimated to provide funding adequate for actual and necessary operating expenditures and debt service of the West Brunswick Regional Wastewater Project. Since the rate for billing is based on estimated revenues and expenditures it will be necessary for Participants in the plant to make a "true up" payment annually in the event actual expenditures are in excess of actual revenues or in the event actual annual revenues are in excess of expenditures, surpluses will either be credited back to the Participants or based upon the recommendation of the Oversight Committee, be placed into the Capital Replacement Reserve Fund. 4.13 Payment. Each Participant covenants and agrees to pay promptly when due the County's Monthly Service Charges as determined in accordance with this Article and billed to the Participant from time to time and the Capital Charge by wire transfer to the account provided in written directions from the County. Payment for sewerage treated for a Participant during any month is due in full as provided in the Rules and Regulations at the office of the County. Payment of Monthly Service Charge shall be due notwithstanding that a Participant disputes the accuracy or legality thereof or notwithstanding that the County curtails or interrupts service to the Participant pursuant to these Standard Provisions. There shall be no free sewer service rendered by the County. Nothing contained herein shall require a Participant to pay for sewer treatment the County is incapable of delivering or providing. -12- 4.14 Disputes. Even if a Participant disagrees with Monthly Service Charges received from the County for any given service period, the Participant shall be obligated to pay, in full, said Monthly Service Charges, but can do so "under protest". The "protest" shall be resolved according to the provisions of this Agreement. If a Participant disputes all or part of any Monthly Service Charge or other payment due to the County, the Participant shall within fifteen (15) days of learning of the nature of the dispute notify the County in writing that the charges are disputed, the grounds for the dispute, and the amount in dispute. Failure to have made the full payment as provided in Section 4.13. hereof will result in the County, at its option, denying the Participant's claim. Upon receipt of notification of dispute, representatives of the County and the Participant shall meet within fifteen (15) days to resolve such dispute. The County and the Participant shall promptly and continuously attempt to resolve the dispute within five (5) business days of meeting. In the event that it is determined that the Participant shall have overpaid, it shall receive a credit for the overpayment. If the dispute cannot be thus resolved, each party shall thereafter be entitled to exercise any remedies available at law or in equity including non-binding mediation. 4.15 Limitation. Nothing herein shall prevent the County and a Participant from limiting the obligation of any Political Subdivision to pay Monthly Service Charges and the County's other rates and charges to or from non-tax revenues of the Political Subdivision so that a Sewer Service Agreement with such Political Subdivision will not constitute a debt secured by a pledge of the Political Subdivision's faith and credit which has not been approved in accordance with the provisions of Article V, Section 4 of the Constitution of North Carolina. 4.16 Bills. As a convenience to the Participants, the County will mail each Participant a bill not later than the date for mailing provided for in the Rules and Regulations covering sewer treatment provided during the previous month. All bills shall be sent to the address of the premises being served by the County, unless a Participant notifies the County in writing of some other address to which bills are to be mailed. Failure to receive bills will not be considered justification for non-payment of amounts due, nor permit an extension of the date when the account will be considered delinquent. The County may, at any time, correct any bills for service that may be in error. 4.17 Interest. Interest on delinquent Monthly Service Charges shall accrue during the period of non-payment at the rate of 10% per annum, subject to periodic adjustment by the County subsequent to review by the Oversight Committee. 4.18 Credits. The County will by lump sum payment within ninety (90) days of the date a determination is made that a refund is due, refund any Monthly Service Charges or other charges or parts thereof that the County or a court of competent -13- jurisdiction by final judgment determines were (a)inaccurate, illegal or otherwise not entitled to be collected or (b) paid in the immediately preceding Fiscal Year in excess of the amounts required for such Fiscal Year under clause (iii) of the second sentence of Section 4.12. Rather than making a refund by lump sum payment, the County may at its option make refunds in successive monthly installments over such ninety (90)- day period or may make the refund in the form of a credit to future amounts due to the County by the Participant over such ninety (90)-day period. Interest shall accrue on the refund at the same per annum rate specified in Section 4.17. 4.19 System Development Charges: Connection Charges. The County shall, in accordance with the Rules and Regulations, Sections 4.2 and 4.3, collect from Participants who apply for new or expanded service a System Development Charge and such Connection Charges as are appropriate to the service being provided by the County. 4.20 Industrial Wastewater. The County shall require all Industrial and other Participants who generate wastewater other than domestic strength wastewater to pre-treat its wastewater so that when it is discharged to the Sewer System it is of domestic strength as defined in the latest version of the Sewer Use Ordinance. If for any reason a Participant discharges wastewater to the Sewer System, which exceeds domestic strength, the County agrees to surcharge such Participant so that the Monthly Service Charges charged other Participants are not impacted by the added cost incurred by the County in treating the non-domestic strength wastewater. The Participant shall not allow a customer, or itself, to dilute a high-strength wastewater as a method of treatment of said wastewater in order to comply with the County's Sewer Use Ordinance. 4.21 Limitations on Service: Curtailment. Any duty or obligation of the County to meet a Participant's sewer treatment needs, over and above any stated capacity the County contracts to provide in the Sewer Service Agreement with the Participant, is subject to limitations upon the County's ability to do so caused by (i) the amount of sewage discharge permitted or available to the County, (ii) obligations of the County pursuant to Sewer Service Agreements to provide sewer service to other Participants, (iii) the capacity of the Sewer System and (iv) completion of any Improvements the County elects to make to enable it to provide sewer service to a Participant. 4.22 Temporary Interruptions. The County may at any time shut down the Sewer System in case of an accident, or for the purpose of making connections, alterations, repairs, changes or for any other lawful reasons. The County will endeavor to give as much notice as possible in advance of any interruption of service. It is the obligation of Participants and not the County to protect the Participant's -14- facilities connected with the Sewer System so that damage will not occur if service is suspended without notice. 4.23 Shut Off for Default:Acceleration and Notices. If payments of Monthly Service Charges or Capital Charges due from a Participant remain delinquent for a period of more than thirty (30) days, the County may take one (1) or any combination of the following remedial steps: (i) service may, where permitted by applicable laws and regulations of the State, be suspended by the County; (ii) the County, by written notice to the Participant, may declare an amount equal to the then outstanding Monthly Service Charges, Capital Charges and accrued interest thereon to be immediately due and payable as liquidated damages under this Sewer Service Agreement and not as a penalty, whereon the same shall become immediately due and payable; or (iii) the County may take whatever action at law or in equity may appear necessary or desirable to collect the amounts then due and thereafter to become due, or to enforce performance and observation of any obligation, agreement or covenant of the Participant under this Sewer Service Agreement. The County will give each Participant twenty-four (24) hours' notice prior to suspending service on account of non-payment of rates and charges. The County may also suspend service after thirty (30) days' notice when a Participant violates any terms of a Sewer Service Agreement with the County or any rule or regulation and fails to remedy or cure such violation within the thirty (30) day notice period. 4.24 Sewer Service to New Participants. After notification of the Oversight Committee and all other Participants, the County shall only provide sewer service to new Participants pursuant to a Sewer Service Agreement. 4.25 Future Financing. The County may, in its sole discretion, incur debt to pay for Project Cost overruns or Improvements. 4.26. Construction and other Cooperation. The County and each Participant currently constructing wastewater collection systems agree to cooperate with each other during design and construction of the Project and their sewer collection systems, such assistance to include, but not be limited to, exchange and review of design plans and specifications, providing access to each other's work sites and easements for purposes of connecting to the Project and sharing information about start and completion dates, change orders and other matters that may adversely affect Costs. Each such Participant agrees to construct its respective wastewater collection system and place it in operation with all reasonable dispatch and thereafter -15- to operate and maintain it in a prudent and economical manner. The same shall be true for all subsequent additions and Improvements as required to provide sewer services to all Participants, both current and future. 4.27 Books and Records. The County and City shall keep proper books and records related to this project in accordance with generally accepted accounting principles which each party shall make available for inspection to the other at reasonable times upon request. The County shall cause an annual audit of its books and records to be made by an independent certified public accountant at the end of each Fiscal Year.An allocated portion of the audit expense shall be a part of the O&M cost of the project. SECTION 5 TERM, TERMINATION, AND RENEWAL OF AG1 ti L i.A I ENT 5.1 This Sewer Service Agreement shall be in full force and effect for a period ending at forty (40) years from the date of its execution. 5.2 This Agreement may otherwise be terminated only by mutual agreement of the parties.A mutually agreeable termination of this agreement will be on such terms as the parties may agree at the time in question. Each party hereto reserves to itself all legal rights and remedies available at law or in equity in the event of any other breach of this agreement by the other. 5.3 This Agreement may be amended by mutual agreement of the parties, adopted with the same formality as the original. SECTION 6 REPRESENTATIONS AND COVENANTS 6.1 Each party to this Agreement represents to the other party each of the following as of the effective date of this Agreement, and covenants with the other party that each such representation will remain true and correct: 6.1.1 It has full power and authority to enter into this Agreement, and to enter into and carry out the transactions contemplated by this Agreement. 6.1.2 It has by proper action authorized the execution and delivery of this Agreement and is not in default under any provisions of this Agreement. 6.1.3 The execution, delivery and performance of this Agreement does not violate or conflict with or require any consent or waiver under any of the terms or conditions in its governing documents or any material contract to which it is a party or by which any of its assets are bound or affected, or any -16- law, rule, regulation, order, writ,judgment, decree or other legal or regulatory determination applicable to it. 6.1.4 This Agreement constitutes a legal, valid and binding obligation enforceable at law and in equity in accordance with its terms and, to the extent that certain remedies under this Agreement require or may require enforcement by a court, such principles of equity as the court having jurisdiction may impose. 6.1.5 It will comply with all applicable federal, state and local laws with respect to any activities conducted under or pursuant to this Agreement. 6.1.6 No elected or appointed official or employee has any interest (financial, employment, or other) in the transactions contemplated by this Agreement. 6.1.7 It will take no act (or engage in any failure to act) that will prevent, delay, obstruct, frustrate, or otherwise impair or undermine the activities conducted under or pursuant to this Agreement, except as may be necessary to enforce this Agreement or ensure compliance with applicable laws, regulations, and ordinances. SECTION 7 MISCELLANEOUS PROVISIONS 7.1 Exhibits. All exhibits referenced in this Agreement are incorporated herein by reference as integral parts of this Agreement. 7.2 Amendment to Agreement. This Agreement may be modified or amended only by written amendments that are approved and signed on behalf of both Parties in the same manner as original adoption. 7.3 Notices. All notices required or permitted by this Agreement must be in writing. Any notice will be deemed given (i) on the date delivered by hand or (ii) on the date it is received by mail, as evidenced by the date shown on a United States mail registered mail receipt, in any case addressed as follows: If to Brunswick County, as follows: If to Southport as follows: Brunswick County City of Southport Attn.: County Manager Attn: City Manager P.O. Box 249 1029 N. Howe St Bolivia, NC 28422 Southport, NC 28461 -17- Any party may designate a different address for communications by notice given under this Section to the other party. Whenever in this Agreement the giving of notice is required, the giving of such notice may be waived in writing by the Party entitled to receive such notice, and in any such case the giving or receipt of such notice will not be a condition precedent to the validity of any action taken in reliance upon such waiver. 7.4 No Third-Party Beneficiaries. Nothing in this Agreement shall give any person other than the parties any rights to enforce any provision of this Agreement. There are no intended third-party beneficiaries of this Agreement. 7.5 Survival of Representations and Covenants. All representations and covenants made by the parties in this Agreement shall survive the delivery of this Agreement. 7.6 Successors and Assigns. Each Sewer Service Agreement, including these Standard Provisions, shall be binding upon, inure to the benefit of and be enforceable by the parties thereto and their respective successors and assigns; provided, however, that neither a Participant nor the County may assign their rights, liabilities and obligations hereunder without the consent of the other party except that the County may assign all Sewer Service Agreements to the Trustee without the consent of any Participant. 7.7 Severability. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 7.8 Entire Contract. This Agreement, including its Exhibits, constitutes the entire Agreement between the parties with respect to its subject matter. 7.9 Action by a Party. Any references to approvals or other actions by any party will be deemed to be references to actions taken by the party's Governing Board or taken pursuant to express, specific direction given by the party's Governing Board or a person delegated by that Board to give approval or take action. 7.10 Personnel. All responsibilities of the parties under this Agreement will be performed by personnel employed by them or under contract to them. 7.11 Waiver. Any party's failure to insist upon the strict performance of any provision of a Sewer Service Agreement, or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under the Sewer Service Agreement. 7.12 Counterparts. Sewer Service Agreements may be executed in several counterparts, any of which shall be regarded for all purposes as one original. -18- 7.13 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of North Carolina. 7.14 Effective Date, This Agreement shall become effective upon vote of adoption by the governing boards of each party at the date of the last required signature by authorized representatives of the parties. IN WITNESS WHEREOF, the parties hereto, actingbyand through their duly g authorized representatives pursuant to the resolutions of their respective governing bodies, have caused this Agreement to be executed as of the day and year first above written. THE C NTY OF BRUNSWICK ATTEST: By. rC air ---''� Clerk i 4t; Y, gg!!' �t / \ l� •jam f, tom.' _l Y I CITY OF SOUTHPORT tot ATTES' `'"'' Bv: N a or City Clerk (SEAL) tit J!! � r �`•��C't OF SOUT�A,�� • 00RP044 icy 1� • SEAL I • s -19- This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Officer, City of Southport This instrument has been preaudited in the manner required bythe Local q Government Budget and Fiscal Control Act. .114• It . finance Officer, County of Brunswick -20- EXHIBIT "A" WEST BRUNSWICK REGIONAL WASTEWATER PROJECT POLICY GUIDELINES AND RULES AND REGULATIONS FOR RENDERING SEWER SERVICE THE COUNTY OF BRUNSWICK WHEREAS, the County of Brunswick is a political subdivision of the State of North Carolina operating subject to the Local Government Budget and Fiscal Control Act; and WHEREAS, the County owns and operates the West Brunswick Regional Wastewater System (the "Project") for the purpose of providing a reliable and self- sufficient source of sewer treatment to potential Participants commensurate with the orderly development and continued prosperity of the central, southern, and eastern parts of the County; and WHEREAS, it is the County's goal to establish and charge reasonable and economical rates and charges for the service provided by the Project which are sufficient for the County to operate and maintain the Project as a financially self- sustaining enterprise and to assure continued, uninterrupted sewer service to all Participants; and WHEREAS, the following guidelines for rate making and financing are intended to allocate the Cost of service to all Participants in an equitable manner: a. Monthly Service Charges. The County shall develop for the Sewer System Monthly Service Charges, which reflect the County's Current Expenses and operating expenses during each Fiscal Year, the County's growth rate, its capital construction programs, and its financing requirements. The Participant recognizes, however, that charges in addition to Monthly Service Charges will be necessary to establish an overall system of rates and charges, which is equitable to all Participants. -21- b. Capital Charge. The County may, with legal capacity to obligate itself to do so, require Participants to pay for a minimum monthly capital charge without regard to the actual amount of service used by the Participants. c. System Development Charges. New Participants and Participants requiring expanded service shall pay their fair share of the Cost of existing facilities of the Sewer System, which in the opinion of the County directly or indirectly benefit all of the Participants of the Sewer System. Although it is the general policy of the County that new Participants are entitled to sewer service at the same Monthly Service Charges charged its existing Participants, the County recognizes that existing Participants have and will continue to provide funds to pay part of the Cost of facilities having a system- wide benefit through the payment of Monthly Service Charges or other amounts to the County. The County thus shall establish and collect System Development Charges so that later Participants pay a portion of the Cost of such facilities previously paid by the existing Participants. d. Connection Charges. The County shall establish and collect from each new Participant Connection Charges sufficient to pay the Cost of all facilities which the County identifies in its opinion as being exclusively for the direct or indirect benefit of the Participant and for which the Participant does not directly pay. NOW, THEREFORE, the following Rules and Regulations, as they may be hereafter amended, shall, together with the Sewer Service Agreement and the County's Sewer Use Ordinance, govern the rendering of sewer service by the County of Brunswick from the Project. ARTICLE I Definitions, Amendments, and Applicability Section 1.1. Definitions. Capitalized terms used herein shall have the meaning set forth in the Standard Provisions to the Sewer Service Agreement unless otherwise indicated herein. Section 1.2. Amendments. The County may from time to time amend these Rules and Regulations; however, the County shall give each Participant notice and an opportunity to comment on the proposed amendment. -22- Section 1.3. Applicability. These Rules and Regulations, as amended, shall be binding on every Participant. ARTICLE II Sewer Service Section 2.1. Application for Service. Any potential Participant desiring sewer service must make a written application to the County (upon forms to be supplied by the County), setting forth in detail the location of the property to be served, including a map thereof, the estimated gallons per day (gpd) to be used or allocated, and such other information as the County may require. Section 2.2. Sewer Service Agreements. Sewer service shall be supplied to a Participant only pursuant to a Sewer Service Agreement containing the County's Standard Provisions. ARTICLE III Connections and Ancillary Service Facilities Section 3.1. Connections. Each Participant shall be responsible, at its sole cost and expense, to make all installations of facilities necessary for connection to the Sewer System (i.e. pipelines,pump stations and all other necessary Ancillary Service Facilities). All new pump stations connected to the Regional Force Main System shall become part of the Regional Wastewater System and shall be deeded and dedicated to Brunswick County. Operation and maintenance responsibility shall be the responsibility of Brunswick County as part of the Regional Wastewater System. All design plans shall be reviewed by the County prior to submittal to the State for approval. If applicable, all fees and charges due the County for the connection shall be due and payable prior to initiation of service at the Point(s) of Delivery. Section 3.2. Participant's Service Facilities. The Participant's Service Facilities shall be installed and maintained by such Participant at its sole cost and expense but shall be subject to inspection by the County before service is connected. Section 3.3. Control of County Equipment. Supply lines, meters, and other equipment of the County shall be under its exclusive control, and no persons, other than authorized employees, agents or contractors of the County, subject to Participant inspection privileges as outlined in Section 1.7 of the Standard Provisions to the Sewer Service Agreement, shall repair, change, or interfere with them in any way. -23- ARTICLE IV Monthly Service Charges Section 4.1. Monthly Service Charges. The County shall annually establish Monthly Service Charges sufficient to cover all expenses for the ensuing Fiscal Year as identified in the Annual Budget for the Sewer System. Monthly Service Charges will be determined in view of sewer use projections for each ensuing Fiscal Year provided by Participants and on historical use data. Monthly Service Charges thus established shall be billed to Participants by the County as hereinafter provided on the basis of actual metered usage. The establishment and billing of Monthly Service Charges shall also reflect the payment of Capital Charges, when applicable. The County shall adopt an Annual Budget for the Sewer System for each Fiscal Year in accordance with the Local Government Budget and Fiscal Control Act. Expense components of each Annual Budget shall include: A.Operating Expense Components. (i) Current expenses. (ii) An operating and maintenance reserve. (iii)Appropriations to repair/replacement reserves for purposes of timely correction of any mechanical/physical deficiencies which arise out of normal system use or which are not correctable from insurance proceeds or other monies readily available to the County. The level of such reserves shall be based upon an annual inspection of the Sewer System and recommendations by the County's consulting engineer. (iv)Debt Service, including such debt service reserves and other funds, accounts, and reserves as may be required by instruments of debt authorization and such other amounts as may be required to comply with the covenants contained in instruments of debt authorization. (v) An allowance for depreciation or an allowance for establishing a Capital Replacement Reserve Fund (one or the other but not both) may be included if required as a condition of debt authorization of the County. The Capital Replacement Reserve Fund would be established and administered pursuant to Chapter 159, Art. 3, Part 2 of the North Carolina General Statutes. Funds generated under this section for establishment of an allowance for depreciation or a Capital Replacement Reserve Fund cannot be used for the expansion of capacity of the facilities without unanimous approval of the Participants. -24- B. Capital Expense Components. (i) Reimbursements of Advances for Construction due during the Fiscal Year, which are not reimbursed from Current Expenses. (ii) Such other components regarding Sewer System development and growth as the County shall identify as being necessary or appropriate. (iii) Capital costs associated with system capacity increases and improvements required to maintain the current treatment capacity or comply with new regulations that are not paid for as part of a Contribution in Aid of Construction, out of the Renewal or Replacement Fund, or otherwise. For improvements required to maintain the current treatment capacity or comply with new regulations each existing Participant shall pay its pro rata share of capital costs based upon the existing capacity allocation in the West Brunswick Regional Wastewater System. The County shall collect a capital charge from each Participant receiving a new or expanded capacity allocation based on their prorated share of the total actual cost of the West Brunswick Regional Wastewater System capacity expansion including, but not limited to, design, construction, debt service, and financing costs. Brunswick County shall begin the design and construction of capacity expansions based on regulatory guidance, historical and anticipated future flow rates, and estimated design and construction schedules. In general, Brunswick County shall select an engineer and begin the planning and design for system expansion when plant usage is more than 70% of design capacity for three months of any rolling 12-month period. The capacity expansion amount shall be based on its logical integration with existing facilities, as well as future anticipated needs based on historic growth rates and consultation with each Participant. A comparison between each Participant's existing capacity allocation and minimum future allocation shall be made to determine the entities that require additional capacity and the minimum additional amount required. Typically, the minimum future allocation shall be based on a minimum fifteen-year projection of the average of the most recent three fiscal year's billed flow with a peaking factor of no less than 1.2 applied. The growth rate shall be the historic annualized growth rate of plant flows from the year of completion of the last expansion through the fiscal year that planning and design commence. The growth rate may be determined from a statistical relationship between plant flow and time using historic data and a simple linear regression analysis. Participants may request additional allocation in excess of the minimum. Brunswick County will endeavor to provide the amount of additional capacity -25- requested by a Participant but may prorate requested allocation amounts to allocate all capacity in the expansion. Notwithstanding the foregoing, Monthly Service Charges shall always be established so as to comply with the section Monthly Services Charge of the Standard Provisions of the Sewer Service Agreement or such other provisions of any Sewer Service Agreement controlling the establishment and billing of Monthly Service Charges and to comply with any documents of debt authorization. Section 4.2. System Development Charges. When unallocated capacity in the West Brunswick Regional Sewer Project Facilities is available without a capacity expansion construction project, Participants may request new or expanded capacity by allocation of the unallocated capacity. The County shall collect from new Participants applying for new service and existing Participants applying for expanded treatment capacity after the effective date of these Rules and Regulations a System Development Charge based on the Cost of the County's West Brunswick Regional Sewer Project Facilities for the applicable Project existing at the time payment of the charge is due. Each System Development Charge shall equal an amount which bears the same ratio to the Cost of the West Brunswick Regional Sewer Project as the average gallons per day (gpd) of sewer capacity requested by a Participant bears to the total average gpd of sewer capacity of the Sewer System, as determined from time to time by the County's consultant. Adjustments to an existing SDC or the initiation of a new SDC will be made if a Participant uses more sewer capacity than allocated. In such cases where a Participant provides sufficient guarantee of payment, the Participant may with the consent of the County pay any System Development Charge by periodic payments upon such terms as the County deems appropriate, including interest. New Participants that are procuring an allocation by means of a system expansion may also be assessed a System Development Charge for portions of the existing facilities that benefit the new Participant but are not required to be upgraded or expanded to meet the needs of the new Participant. In this case, the amount of the SDC shall approximate the pro rata share (after expansion) of the value of the facilities that do not require an upgrade or expansion. The new Participant shall also be responsible for the capital costs associated with the construction work to expand the regional facilities. Section 4.3. Connection Charges. The County shall charge each Participant a Connection Charge representing the Cost of any Ancillary Service Facilities provided by the County necessary for connection to the Sewer System (although it is the general policy of the County for Participants to pay such costs directly and perform any work necessary for connection pursuant to plans approved by the County). Ancillary Service Facilities shall include, but are not limited to, (i) the tap to the County's pipeline and (ii) the meter installation. The County shall own Ancillary -26- Service Facilities notwithstanding that the Cost thereof is paid by a Participant. If any Participant, following the initial service connection, requests a change in service, or the amount of flow tributary to the connection point changes, requiring different Ancillary Service Facilities, all Costs associated with the installation of new Ancillary Service Facilities shall be paid by the Participant. Section 4.4. Billing and Payment Dates. The County will mail each Participant a bill not later than the 5th day of each month covering sewer treatment provided during the previous month. Payment of bills is due on or before the 20th day of each month in which the bill is rendered. ARTICLE V Meters Section 5.1. Sewer Service Meters. At each Participant connection to the Regional System, each Participant shall be billed based on a separate meter or, if necessary and at the option of the County, through a separate battery of meters. Where a battery of meters is installed, the registrations of such meters shall be combined for billing purposes. Section 5.2. Installation. Meters shall be furnished, installed, and removed only by the County at the sole cost of the Participant, and the County shall approve the location, type, and size of meter(s) to be installed. Where meters are installed upon the premises of a Participant, the Participant shall provide the County's representatives and employees free, reasonable, and safe access to the same by means of a utility easement. Section 5.3. Maintenance. Meters will be maintained by the County at its expense insofar as ordinary wear is concerned, but damage to any meter caused by the Participant's facilities, operations, negligence, or carelessness or that of the Participant's own customers shall be paid by the Participant. Section 5.4. Tests. All meters shall be accurately tested before installation. Meters will also be periodically tested in accordance with accepted practice, but not less than annually. The County may at any time remove any meter for routine tests, repairs, or replacement. The County shall upon request of a Participant, and if the Participant so desires, in the Participant's presence or that of the Participant's authorized representative, make, without charge, a test of the accuracy of the meter in use, provided the meter has not been tested by the County within a period of nine (9) months previous of such request, and that the Participant will agree to abide by the results of such test in the adjustment of disputed charges. A written report of the results of the test shall be furnished to the Participant. If the test results are acceptable, based on manufacturer's specifications and the meter has been tested -27- within the previous nine (9) month period, the Participant shall pay the cost of the test. Section 5.5. Error. Whenever a test of a meter reveals it to have an average error of more than three percent (3%), the County shall bill or refund to the Participant, as the case may be, such percentage of the amount reflected on bills covering the consumption indicated by the meter for the previous three (3) months, as the meter was found to be in error at the time of test, unless it can be shown to the satisfaction of the County that the error found had existed for a greater or lesser period, in which case the adjustment shall cover such actual period. ARTICLE VI Committees Section 6.1. Oversight Committee. There is hereby established an Oversight Committee for. the Project. Each Participant including the County shall appoint one representative and one alternate representative to represent them on the committee. The Oversight Committee shall meet at least once each quarter. The cost and expenses of the Oversight Committee shall be a Current Expense. The representatives shall be entitled to elect a chairman and vice chairman. The Oversight Committee is formed for the purpose of fostering communications between the Participants and the County. The committee shall: (i) Review and make recommendations relating to each Annual Budget and any capital project budget relating to Improvements; (ii) Review quarterly and end-of-year financial reports, each annual audit and annual inspection report of the County relating to the Sewer System; (iii) Request additional audits, inspections, and work when deemed necessary; (iv) Review the County's and each Participant's sewer rate structure and make recommendations as to funding of the Capital Replacement Reserve Fund to ensure that the County and/or Participant(s)is capable financially of making Improvements when needed to meet the needs of Participants; (v) Review expansion plans of each Participant and recommend to the Participant a system of fees that will be available for use by the County when Improvements are required by virtue of the Participant's expansion plans (it is the policy of the County to encourage each -28- Participant to establish in its respective sewer ordinance a system of impact fees that not only address expansion of the Participant's collection system but also expansions to the Sewer System required by the collection system expansion); (vi) Recommend amendments to the Sewer Service Agreement, these Rules and Regulations, the County Sewer Use Ordinance, or any Participant's Sewer Use Ordinance; (vii) Make recommendations concerning expansion of the Sewer System and/or the Participant's Service Facilities; (viii) Attempt to settle disputes between the County and the Participants or between Participants; (ix) Otherwise encourage cooperation between the Participants and the County and the success of the Sewer System; (x) Report its findings and recommendations to the governing body of each Participant. Section 6.2. Technical Review Committee. There is hereby established a Technical Review Committee comprised of the Participants. Each Participant including the County shall appoint a representative to the Technical Review Committee, which representative shall be the Participant's chief wastewater operations and maintenance officer. The Technical Review Committee may elect a chairman and a vice chairman and shall meet at least once in each fiscal year. The purpose of the Technical Review Committee shall be to: (i) Review and evaluate construction, operation, and maintenance of the Sewer System; (ii) Make recommendations as necessary for improvement of operation and maintenance of the Sewer System and delivery of services. Upon adoption by a majority of the representatives on the Technical Review Committee, such recommendations shall be submitted to the County and the Oversight Committee in writing, and the County shall make appropriate response thereto in writing to the Technical Review Committee and Oversight Committee. The Technical Review Committee and Oversight Committee may be one and the same unless there is an objection by the County or a majority of Participants. -29- EXHIBIT "B" PROPERTIES LOCATED OUTSIDE THE CITY LIMITS THAT ARE CONNECTED AND PROVIDED WASTEWATER SERVICE BY THE CITY Property Address PIN # 8250 River Rd 209706474662 1609 N Howe St 209718408255 1601 N Howe St 209719501129 3 Downing Ct 209718305008 9 Downing Ct 209718305380 11Canterbury Ct 209718309013 14 Canterbury Ct 209718401143 12 Canterbury Ct 209718400001 15 Canterbury Ct 209718400260 16 Canterbury Ct 209718309262 18 Forest Oaks 209718307288 1 Forest Oaks 209718306171 311 Champion Ct 209606398717 341 Champion Ct 209606397881 380 Champion Ct 209506490766 361 Champion Ct 20960639984'7 370 Champion Ct 209606490752 320 Champion Ct 209606399636 340 Champion Ct 209606399632 330 Champion Ct 209606398692 1541 N Howe St 209719501081 290 Bonnet Way 209606396308 288 Bonnet Way 209606395344 278 Bonnet Way 209606393585 276 Bonnet Way 209506393589 274 Bonnet Way 209606393684 272 Bonnet Way 209606393678 266 Bonnet Way 209606393874 260 Bonnet Way 209606394953 262 Bonnet Way 209606394913 277 Bonnet Way 209606395519 273 Bonnet Way 209606395618 255 Bonnet Way 209606395749 201 Holly Dr 209607783509 -30- 1650 Ferry Rd 300607594033 901 E Leonard St 209608981524 514 W 11th St 209610472033 294 Bonnet Way 209606396473 254 Bonnet Way 209606395994 268 Bonnet Way 209606393779 110 W 12th St 209607588049 1202 N Atlantic Ave Ext 20960/685364 1210 N Atlantic Ave Ext 209607685467 1213 N Atlantic Ave Ext 209607682493 1206 N Atlantic Ave Ext 209607686328 1206 N Howe St 209607681362 295 Bonnet Way 209606396526 206 Park Ave Ext 209608980485 214 Park Ave Ext 209608886685 301 Yaupon Dr 209608882544 270 Bonnet Way 209606393875 381 Champion Ct A-6 209606399941 371 Champion Ct 209606399901 17 Canterbury Ct 209718308274 5 Downing Ct 209718303059 8 Downing Ct 209718304218 264 Bonnet Way 209606393878 321 Champion Ct A-2 209606398821 291 Bonnet Way 209606395541 271 Bonnet Way 209606395712 331 Champion Ct 209606397778 296 Bonnet Way 209606397405 292 Bonnet Way 209606396339 220 Park Ave Ext 209608884542 350 Champion Ct A-12 209606490723 284 Bonnet Way 209606394430 208 Park Ave Ext 209608980512 258 Bonnet Way 209606395904 256 Bonnet Way 209606395944 1209 N Howe St 209607588276 360 Champion Ct A-9 209606490727 351 Champion Ct A-8 209606399807 286 Bonnet Way 209606394394 253 Bonnet Way 209606395890 10 Canterbury Ct 209718308025 293 Bonnet Way 209606395572 13 Canterbury Ct 209718401001 -31- 257 Bonnet Way 209606394799 310 Champion Ct A 13 209606399606 275 Bonnet Way 209606395613 608 W 11th St 209610461909 1125 E Leonard St 209720908775 117 E 13th St 209607682604 280 Bonnet Way 209606394408 282 Bonnet Way 209606394424 1433 N Howe St 209607590319 108 W 12th St 209607589101 1730 E Moore St 300700418560* *1730 E. Moore St is the location of the Archer Daniels Midland facility. ADM currently operates its own wastewater treatment plant for the treatment of its industrial wastewater and utilizes the City for treatment of'its domestic wastewater flow. In the future, if ADM decides to seek treatment of its industrial wastewater from a public utility, then the provisions of 1.10 do not apply to ADM's industrial or domestic wastewater treatment. -32- NORTHEAST BRUNSWICK REGIONAL WASTEWATER PROJECT SEWER SERVICE AGREEMENT THIS SEWER SERVICE AGREEMENT,dated as of the 26th day of July, 2001, by and between the COUNTY OF BRUNSWICK, a political subdivision of the State of North Carolina (the"County") , and the TOWN OF LELAND, a municipal corporation of the State of North Carolina (the"Participant")[ALL CAPITALIZED TERMS USED HEREIN SHALL HAVE THE MEANING SET FORTH IN THE STANDARD PROVISIONS ATTACHED HERETO UNLESS OTHERWISE HEREIN INDICATED]; WITNESSETH : WHEREAS, the soils in northeast Brunswick County are not generally suitable for disposal of sewerage through septic tanks;and WHEREAS, there is an urgent need for high quality wastewater treatment in sufficient quantities to serve the growing population and development in northeast Brunswick County and to protect the waters and other environmental elements within the region from adverse impacts caused by septic tank use; and WHEREAS, the Participant and the Town of Navassa(the"Town")and the North Brunswick Sanitary District (the"District") (the Town, the District collectively with the Participant, the"Participants"), all located in northeast Brunswick County, own and operate or are constructing sewer collection systems to serve their respective citizens/customers; and WHEREAS, the County and the Participants have determined that, by participating together in a regional wastewater treatment and transmission project for their mutual benefit, rather than each separately constructing its own new or improved sewer treatment plant(s), economies of scale and a long term secure source of high quality wastewater treatment can be achieved with savings and other tangible and intangible benefits for their users; and WHEREAS, based on said determination, (i)the County has determined to finance, construct and operate the Northeast Wastewater Project(the"Project"),consisting of a 1.65 million gallon per day(mgd) wastewater treatment plant, collection and transmission system,which will treat wastewater from the Participants, and (ii)the Participants have determined to participate with the County in developing and financing the Project; and WHEREAS, in order to assist in the construction,financing and operation of the Project, the Participants have agreed to contract with the County for sewer service in order to provide, among other things, for payment by the Participants of(i)a portion of the capital costs of the Project through an Availability Charge, Contribution in Aid of Construction, or otherwise, on a basis that equitably allocates among them the Project Costs, and (ii)a Monthly Service Charge to cover operations and maintenance, reserves and such other rate components as are appropriate for similar systems and which the County determines to charge from time to time. NOW,THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter contained, the parties hereto agree as follows: 1. STANDARD PROVISIONS. The Standard Provisions attached hereto shall be a part of this , �3, tm x Sewer Service Agreement and binding on the County and the Participant as if fully set out herein. The County agrees not to provide sewer service to others, either pursuant to Sewer Service Agreements or otherwise, unless the customer has entered into a written agreement with the County agreeing to be bound by the Standard Provisions. 2, TERM, This Agreement shall be in full force and effect for a period of 40 years from the date of its execution and shall continue in effect beyond the initial 40 year term for successive 10-year terms unless terminated by the County or the Participant by either giving to the other written notice of termination at least one year prior to the expiration of the initial term or any extended term hereof. 3. PROJECT. The County will construct the Project substantially in accordance with the plans and specifications therefore, as the same may be modified to meet requirements of appropriate regulatory bodies,The County shall require each person, firm or corporation with whom it may contract for the construction of the Project to furnish a payment and performance bond in the full amount of any contract. The proceeds of any such performance bond shall be applied toward the completion of the Project. 4. PAYMENT FOR PROJECT, The obligation of the County to construct the Project is limited to the funds available to it from time to time for such purposes. The County shall be under no obligation to provide funds for such purpose except through the Grants and Loans If the Grants and Loans,together with any other funds the County elects to use,are not sufficient to pay for the Costs of the Project,as bid, the County shall be entitled to recalculate the Availability Charge provided for herein. If the Participant does not consent to the new Availability Charge within 60 days of such recalculation, then the County may terminate this agreement. 5. FINANCING. The County shall,as soon as may be practicable and with all reasonable dispatch,obtain funding of the Grants and Loans, which are in an amount sufficient to pay the Cost of constructing and placing the Project in operation; provided, however, that nothing contained in this Agreement shall require the County to issue Bonds except upon terms deemed reasonable by it. 6. SEWER SERVICE. Subject to the terms of the Standard Provisions, the County agrees to construct, operate and maintain the Project and, upon completion thereof, to provide sewer service to the Participant in the amount of 747,615 gallons per day(gpd). The Participant agrees to pay the County's Monthly Service Charge for sewer service and to assume the Participant's obligations set forth herein.All obligations of the County for payments under this contract shall be limited to revenues derived by the County rf on the operation of the Sewer System.AD bbligations of the Participant for payments under this contract shall be limited to revenues derived from the Participant's sewer collection system. The Participant covenants and agrees to maintain rates and charges for all services furnished by its sewer collection system which shall at all times be sufficient to satisfy and discharge its obligations under this contract and under any other agreement relating to the financing of the Project, in addition to the Participant's other operations and maintenance costs or any debt service of the Participant secured by a pledge of revenues. In addition the County agrees to meet the Participant's sewer treatment needs, subject to limitations upon the County's ability to do so caused by the lack of capacity of the treatment facilities, lack of discharge capability, and completion of any improvements by the County to enable it to provide the , k -3- ft�; service provided for herein. In order to provide for the public health and welfare,the County will use its best efforts to develop additional treatment capacity for the Project to meet the waste water treatment needs of all Participants and will use sound financial planning to provide funds,through impact fees and related charges,and/or loans, necessary to provide the necessary facilities to meet such needs. 7. PARTICIPANTS SHARE OF CAPITAL PROJECT COSTS. In order to pay the Participant's fair share of the capital Costs of the Project,the Participant promises to pay to the County in each month an Availability Charge equal to the sum of the amount due in such month set out in the schedule attached hereto as Exhibit A. The first Availability Charge shall be payable in the first month in which the Sewer System is capable of accepting and treating sewerage from the Participant,as determined by the County's consulting engineers. The Participant may, in lieu of paying the Availability Charge, pay to the County, on or before the date the first Availability Charge installment is due, a lump sum Contribution in Aid of Construction in the amount of$6,790,808.00. The Participant shall not be required to pay a Connection Charge or System Development Charge at the time the Participant initially connects to the Sewer System; provided,however,nothing herein shall prevent the County from charging the Participant a Connection Charge or System Development Charge if the Participant later needs modified or additional connections.. 8. EFFECTIVE DATE. This Sewer Service Agreement shall become effective on the date of its execution. IN WITNESS WHEREOF,the parties hereto, acting by and through their duly authorized representatives pursuant to the resolutions of their respective governing bodies, have caused this Agreement to be executed as of the day and year first above written.. COUNTY OF BRUNSWICK A VNI EST .0(14. ii7' By. Chairman 41.40„0,. a �� L. _ ,._ tctt cot t _.7.--.? ti-. - -:,,,If �' I ..-9 TOWN OF LELAND of i y ' icy.-- e-c ...)--t ----)„ er.-.0'-)..,,.....c)..--,z, 0i, ',°'��-,:t_: 1 DIM 1 r 1art 11( Tr -'ri'171,er dC (CORPORATE SEAL) o . /rI oIli ,"pia dri NORTHEAST BRUNSWICK WASTEWATER PROJECT STANDARD PROVISIONS FOR SEWER SERVICE AGREEMENTS The following are Standard Provisions to Sewer Service Agreements of the County of Brunswick for the supply of wastewater treatment capacity from the Northeast Brunswick Wastewater Project ARTICLE I. Definitions and Warranties Section 1.1. Definitions. The following words as used in these Standard Provisions and in any other parts of Sewer Service Agreements shall have the following meanings "Act" shall mean The State and Local Government Revenue Bond Act,constituting Article 5 of Chapter 159 of the General Statutes of North Carolina, as amended. "Advance for Construction" shall mean the funds advanced to the County by or on behalf of a Participant to pay a portion of the Cost of construction of the Sewer System which are to be refunded either wholly or in part. "Annual Budget"shall mean the budget or amended budget of the County for each Fiscal Year with regard to the Sewer System. "Availability Charge"shall mean a periodic payment charged by the County to a Participant for making sewer service available in those cases where the County has advanced funds to pay for Improvements needed to make such water service available. "Bonds"shall mean the bonds of the County or any other evidence of indebtedness issued by the County to raise funds for cost overruns of the Project not covered by the Grants and Loans or to pay for Improvements. "Bond Order"shall mean the bond order or other resolution or order adopted by the County authorizing issuance of the Bonds, together with all orders amendatory thereof and supplemental thereto. "Connection Charge"shall mean connection charues as de rued in the Rules and Regulations. "Contribution in Aid of Construction" shall mean a non-refundable contribution of funds to the County to pay all or part of the Cost of the Project, or any Improvements. "Cost" shall mean cost as defined in North Carolina General Statutes 159-81(3) and 162A•2(3) "County" shall mean the County of Brunswick,a Political Subdivision of the Stale of North Carolina. "County Sewer Use Ordinance" shall mean the Sewer Use Ordinance of the County as defined herein. x 3 "Current Expenses"shall mean the County's ongoing and recurring expenses during each Fiscal Year for operation and maintenance of the Sewer System as determined in accordance,with generally accepted accounting principles including, but not limited to,all administrative,general i-.nd commercial expenses, insurance and surety bond premiums, payments for the billing and colleclioi i of rents, rates, fees or other charges imposed or charged by the County for the use of the Sewer System, legal expenses, any taxes which may be lawfully imposed on the Sewer System or the incor ie or operations thereof or the property forming a part thereof,usual expenses of maintenance, repair and operation, including cost of power and administrative expenses and salaries, refunds,any other c vent expenses required to be paid by the County under the provisions of the Bond Order or by law,all to the extent properly and directly attributable to the Sewer System,and the expenses,liabilities ant. compensation of the Trustee. "Current Expenses"does not include any reserves for operation, mainten-ince or repair, any allowance for depreciation,amortization, interest on Bonds or other long term indebtedness or similar charges,any expenditure for which the County has made Connection Charges or any eimbursement of Advances for Construction. "Fiscal Year"shall mean the period commencing on July 1 of any year and ending on June 30 of the following year,or such other fiscal year which the County may adopt. "Grants and Loans"shall mean the EPA Hardship Grant of$1,000,000 and tho State Division of Water Quality(DWQ)Construction Grant $3,000,000, Clean Water Management Trust Fund Grant of $1,500,000, RC Supplemental Grant of$125,000, $3,816,150 DWQ Construction Loan, which comprise all or a portion of the funding for the Project,and any subsequent funding required for Project cost overruns,even if such funds come from different funding sources. "Improvements"shall mean any additions, enlargements, improvements, exte rsions, alterations, fixtures,equipment, land, appurtenances or other facilities to or for the Project "Monthly Service Charge(s)"shall mean the rates of charge for sewer service established pursuant to Section 3,1, of these Standard Provisions and the Rules and Regulations "Participant"shall mean a person, firm,or corporation who enters into a Sew( r Service Agreement with the County whether or not the Participant uses the Sewer, "Participant Sewer Use Ordinance" shall mean an ordinance conforming t,, State and Federal regulations and requir€ments-adopted by-each'Participant engaging in the sewer coll&lion andIrtreatmenl business regulating the operation and maintenance of its sewer collection and/or sewer •reatment facilities. "Point of Delivery"shall mean the point or points mutually agreeable to the Cr.unty and a Participant where the County shall accept delivery of sewerage from a Participant "Political Subdivision"shall mean a municipal corporation,county or other political subdivision of the State "Project" shalt mean 1.65 million gallon per day (mgd)tertiary treatment facilit, located on approximately 40 acres of land located at Navassa, NC; 10 and 16 inch primary transmission mai-is to collect wastewater from Participants and transport it the treatment facility; and an 8 inch reuse line for transporting treated effluent to Magnolia Greens; together with accompanying lift stations and other apparatus. A more complete description of the Project is contained in Exhibit A attached hereto. "Rules and Regulations" shall mean the rules and regulations adopted from time to time by the County for administering the Sewer System. "Sewer Service Agreement"shall mean the agreement, as amended, between the County and a Participant for the purchase of sewer capacity and to provide sewer treatment, including these Standard Provisions. "Sewer System" shall mean the Project plus any Improvements. "State"shall mean the State of North Carolina. "System Development Charge"shall mean the System Development Charge as defined in the Rules and Regulations, as amended from time to time. "Take or Pay Requirement"shall mean the amount of sewer service for which a Participant,with legal capacity to obligate itself to do so, must pay Monthly 'service Charges whether or not the amount of ...�,_ service is actually used. "Trustee"shall mean the Trustee at the time serving as such under the Bond Order. Section 1.2. Warranties. The County and each Participant represents and warrants that each has full power and authority to enter into and perform these Standard Provisions and any other provisions of the Sewer Service Agreement between the County and the: Participant.. ARTICLE It Sewer Serve Section 2,1, Sewer Service. Subject to the other terms of these Standard Provisions, the Counts will Furbish sewer service to each Participant in accordance-with the Participant's Sewer Service Agreement. Each Participant will discharge or deliver wastewater to the Sewer System for treatment at a mutually agreeable Point of Delivery through a meter(s)in accordance with the Rules and Regulations. The County and the Participant engaging in the sewer business shall cause to be in force,at all times, a State approved sewer use ordinance{SUO)and shall abide by and enforce the provisions and requirements of the same. Section 2.2. County to Provide All Sewer Treatment. So long as the County is capable of provider g to a Participant its sewerage treatment needs, a Participant shall not acquire or produce sewer treatme it capacity from any source other than the County without the express written consent of the County, whit consent shall not unreasonably be withheld; provided, however, a Participant may at all times wit :out the County's consent utilize, maintain, repair and replace any sewer system in existence and owned or t,perated by the Participant at the time the Participant first uses sewer treatment capacity provided by the Prc lest and any sewer system that a Participant which is a municipality acquires by annexation. If existin.3 sewer systems are utilized by a Participant, the utilization shall not affect any Take or Pay Requiremerat for the Participant as described in the Participant's Sewer Service Agreement and/or the Standard Provision s. Section 2.3, Meters. Procedures for the installation,operation,maintenance, calibration,:,nd reading of meters and adjustment of meter readings shall be set forth in the Rules and Regulation Section 2.4. Operation of Sewer System. The County shall operate and maintain,or caus.E:to he operated and maintained, the Sewer System in a safe, efficient and economical manner, making a i necessary and proper repairs,replacements and renewals,consistent with good business and opc rating practices for comparable facilities and in accordance with applicable standards of regulatory bodie Current Expenses in any Fiscal Year shall not exceed an amount that is reasonable and necessar. and that is designated as Current Expenses in the County's Annual Budget for such Fiscal Year, Section 2,5. Inspection of the System. The County shall cause a consulting engineer to ii.spect the Sewer System at least once every 12 months and to submit a report identifying any operations maintenance, or repair problems of the Sewer System and setting forth for the next ensuing 12•mt'nth period (a)recommendations as to any revisions that should be made in the methods of operation t maintenance of the Sewer System and any repairs that must be made to maintain the Sewer Syst :m fi.:yid such period, together with an estimate of the cost of such repairs and methods, (b) an estimate as to the amount of adequate reserves for extraordinary repairs,renewals and replacements to the system ,n such period, (c)an estimate as to the staffing requirements of the County for the Sewer System for such period, and (d)an estimate as to any additional insurance that may be needed to insure the County again it loss due to casualty loss or damage to the Sewer System. The County shall be obligated to undertake any action recommended in the engineer's report which the County would be required to take to comp /with Section 2.4, of these Standard Provisions. Section 2.6, Insurance. The County shall carry at all times insurance covering all proper'.es belonging to the Sewer System as are customarily insured, against loss or damage from such cat ses as are customarily insured against by enterprises of a similar nature and of a type and form rs may '.•e required by the Bond Order. The County also shall carry workers'compensation insurant :, use : rid occupancy insurance, employers liability insurance, boiler and machinery insurance, pubic .offictc s liability insurance, automobile liability-insurance,and commercial general liability-insurance.insurit.g ayan sLhtrdily injury and property damage arising out of the operations of the County Such insurance s tatt bet Main- tained with a financially responsible insurance company or companies. authorized and qu ilified u icier tfte laws of the State to assume the risk thereof. The proceeds of insurance shall he applied :s pray, led i:t the Bond Order. If the County determines, and so certifies to the Trustee, that the amouri of ins, ance: coverage required by this Section or by the Bond Order is not available on reasonable lei ets and conditions,the insurance coverage required by this Section and the Bond Order may be iodified in accordance with such determination, and the coverage as modified shall constitute the m timum requirements of this Section and the Bond Order. 4 - - Section 2,7. Observance of Regulations. Each Participant covenants aid agrees to observe the Rules and Regulations which have been adopted by the County (and as they may be amended) respecting the use of and services furnished by the Sewer System or legally required by any other authorized regulatory body. Section 2.8. Observance of Sewer Use Ordinance Each Participant covenants and agrees to observe the Sewer Use Ordinance of the County adopted November 21, 1994. as amended (the"County Sewer Use Ordinance"), respecting discharge of wastewater to the Sewer System. Any Participant that operates a sewer collection and transmission system agrees (i)to cause its own customers to comply with the Participant's Sewer Use Ordinance or the County Sewer Use Ordinance,whichever is more stringent, and(ill to adopt and at all times maintai n in effect and enforce a State approved sewer use ordinance for its own system which shall require compliance with the County Sewer Use Ordinance notwithstanding the: provisions of the Participant's Sewer Use Ordinance. A Participant's Sewer Use Ordinance shall also require that customer of the Participant which intends to discharge non-domestic strength wastewater to the Participant's wastewater collection system shall first make application to the Participant The Participant shall submit an application,with all required information, to the County, prior to authorizing the ParticipantOs customer to discharge sewerage to the Participant's wastewater collection system. The County shall, upon receipt of the application containing all information required by the County Sewer Use Ordinance, review the application and submit a response to the requesting Participant within thirty(30) calendar days. Upon receipt of County approval, the Participant shall issue a permit for such discharge, provided the requesting customer has complied with all of the Participant's requirements for the same A. Participant shall be responsible to the County for any damage to the Sewer System caused by its owl 71, customers and/or civil penalties assessed for violation of the County Sewer Use Ordinance or the County's discharge/non-discharge permit for the Project ARTICLE Ill MonthtyServ'tce Charge and Other Rates Section 3.1. fvlornthly,Service Charge. The County shall fix and determine from time to lime a Monthly Service Charge for sewer treatment furnished to all Participants. Monthly Service Charges shall be established by the County at such levels as may be necessary to provide funds, together with other available funds, at least sufficient in the aggregate at all times to pay(a)Current Expenses,and(b) the principal of, premium,if any, and interest on bond obligations of the County and Nonparity Debt as defined in.the Bond Qrder;as the same become due, including all debt_serviceseserves_and other funds coverage, accounts and reserves as may be required by any order or resolution authorizing the issuance of bonds, including the Bond Order, The County shall be entitled to revise its Monthly Service Charges as often as necessary to comply with this section. Monthly billings to a Participant shall be determined by applying the rates determined pursuant to this Section to the total amount of sewerage treated for each Participant as obtained from the County's meter readings. The County may present charges based en budget estimates, subject to adjustment based on actual meter readings. Section 3.2. P_a_yment, Each Participant covenants and agrees to pay promptly when aye the County's Monthly Service Charges as determined in accordance with this Article and billed to the Participant - - from time to time. Payment for sewerage treated for a Participant during any month is due in full as provided in the Rules and Regulations at the office of the County. Payment of Monthly Service Charge shall be due notwithstanding that a Participant disputes the accuracy or legality thereof or notwithstanding that the County curtails or interrupts service to the Participant pursuant to these Standard Provisions. There shall be no free sewer service rendered by the County Nothing contained herein shall require a Participant to pay for sewer treatment the County is incapable of delivering or providing. Section 3.3 Disputes. Even if a Participant disagrees with Monthly Service Charges received from the County for any given service period,the Participant shall be obligated to pay, in full, said Monthly Service Charges, but can do so "under protest". The "protest" shalt be resolved according to the provisions of this agreement.. If a Participant disputes all or part of any Monthly Service Charge or other payment due to the County. the Participant shall within 15 days of learning of the nature of the dispute notify the County in writing that the charges are disputed, the grounds for the dispute:, and the amount in dispute. Failure to have made the full payment as provided in Section 3.2 hereof will result in the County, at its option, denying the Participant's claim. Upon receipt of notification of dispute, representatives of the County and the Participant shall meet within fifteen days to resolve such dispute The Service Provider and the Participant shall promptly and continuously attempt to resolve the dispute within five business days of meeting. In the event that it is determined that the Participant shall have overpaid, it shall receive a credit for the overpayment. If the dispute cannot be thus resolved, each party shall thereafter be entitled to exercise any remedies available at law or in equity. Section 3.4. Limitation. Nothing herein shall prevent the County and a Participant from limiting the obligation of any Political Subdivision to pay Monthly Service Charges and the County's other rates and charges to or from non-tax revenues of the Political Subdivision so that a Sewer Service Agreement with such Political Subdivision will not constitute a debt secured by a pledge of the Political Subdivision's faith and credit which has not been approved in accordance with the provisions of Article V, Section 4 of the Constitution of North Carolina. Section 3.5. Bills. As a convenience to its customers,the County will mail each Participant a bill not later than the date for mailing provided for in the Rules and Regulations covering sewer treatment provided during the previous month. All bills shall be sent to the address of the premises being served by the County, unless a Participant notifies the County in writing of some other address to which bills are to be mailed. Failure to receive bills will not be considered justification for non-payment of amounts due, nor permit an extension of the dale-when the-account will be_considered delinquent_ The County ma/.._at_any time, correct any bills for service that may be in error. Section 3.6. interest. Interest on delinquent Monthly Service Charges shall accrue during the period of non-payment at the rate per annum specified from time to time by the County. Section 3.7. Credits. The County will by lump sum payment within 90 days of the date a determination is made that a refund is due,refund any Monthly Service Charges or other charges or parts thereof that the County or a court of competent jurisdiction by final judgment determines were inaccurate, illegal or otherwise not entitled to be collected. Rather than making a refund by lump sum payment, the 15) County may at its option make refunds in successive monthly installments over such 90-day period or may make the refund in the form of a credit to future amounts due to the County by the Participant over such 90-day period. Section 3.8, System Development Charges; ConnectionCharges. The County shall, in accordance with the Rules and Regulations, collect from Participants who apply for new or expanded service a System Development Charge and such Connection Charges as are appropriate to the service being provided by the County. Section 3,9, Industrial Wastewater_ The County shall require all Industrial and other Participants who generate wastewater other than domestic strength wastewater to pre-treat its wastewater so that when it is discharged to the Sewer System it is of domestic strength. If for any reason a Participant discharges wastewater to the Sewer System which exceeds domestic strength, the County agrees to surcharge such Participant so that the Monthly Service Charges charged other Participants are not impacted by the added cost incurred by the County in treating the non-domestic strength wastewater The Participant shall not allow a customer,or itself, to dilute a high-strength wastewater as a method of treatment of said wastewater in order to comply with the County's Sewer Use Ordinance. ARTICLE IV Reductions, Interruptions and Discontinuance Section 41. Limitations on Service; Curtailment. Any duty or obligation of the County to meet a Participant's sewer treatment needs,over and above any staled capacity the County contracts to provide in the Sewer Service Agreement with the Participant, is subject to limitations upon the County's ability to do so caused by (i)the amount of sewerage discharge permitted or available to the County into the Cape Fear River or otherwise, (ii)obligations of the County pursuant to Sewer Service Agreements to provide sewer service to other Participants, (iii)the capacity of the Sewer System and (iv)completion of any Improvements the County elects to make to enable it to provide sewer service to a Participant. Section 4.2. Temporary_Interruptions. The County may at any time shut down the Sewer System in case of an accident, or for the purpose of making connections, alterations, repairs,changes or for any other lawful reasons. The County will use its best efforts to give notice in advance of any interruption of service. It is the obligation of Participants and not the County to protect the Participant's facilities connected with the..-Sewer-System so that damage-will not occur if service-is suspended without notice. Section 4.3. Shut Off for Default and Notices. If payment of Monthly Service Charges due from a Participant remain delinquent for a period of more than thirty (30)days, service may,who e permitted by applicable laws and regulations of the State, be suspended by the County. The Co 1nty will give each Participant twenty-four(24)hours notice prior to suspending service on account of nor -payment of rates and charges. The County may also suspend service after thirty (30)days notice when a Participant violates any terms of a Sewer Service Agreement with the County or any rule or regu ation and fails to remedy or cure such violation within the thirty(30)day notice period. -8- ARTICLE V Miscellaneous Section 5.1. Sewer Service to New Customers. The County shall only provide sewer service to new Participants pursuant to a Sewer Service Agreement to which these Standard Provisions are incorporated into by reference. Section 5.2. Amendments and Termination. It is recognized by the County and each Participant that the Participant's Sewer Service Agreement will constitute an essential part of the County's financing plan and that after Bonds have been sold, and notwithstanding a breach thereof by the County or the Participant,each Sewer Service Agreement cannot be terminated before the end of its original term or any extended term, amended,modified, or otherwise altered in any manner that will impair or adversely affect the security afforded thereby for the payment of the principal of, premium, if any, and interest on the Bonds,but that each Sewer Service Agreement can be terminated, modified or amended only with the consent of the parties thereto and the Trustee given in accordance with the Bond Order. The amendment of a Participant's Sewer Service Agreement shall not amend the provisions of any other Sewer Service Agreement. Nothing herein shall be construed to prevent the County or a Participant in the event of the breach of a Sewer Service Agreement from seeking injunctions, money damages or other relief which does not seek to terminate or alter the Sewer Service Agreement. Section 5.3. Future Financing. The County may, in its sole discretion, incur debt to pay for Project cost overruns or Improvements. To assist the County with its financing needs for the Sewer System,each Participant shall, upon request by the County: A. Make available general and financial information about itself; B. Consent to publication and distribution of its financial information, C. Certify that general and financial information about it is accurate, does not contain an untrue statement of a material fact and does not omit to state a material fact necessary in order to make the statements in that information, in light of the circumstances under which they were made,not misleading, D. Make available certitted copies of official proceedings; E. Provide reasonable certifications to be used in a transcript of closing documents,and F. Provide and pay for reasonably requested opinions of counsel as to the validity of its actions taken with respect to and the binding effect of the Participant's Sewer Service Agreement title to the Participant's wastewater colic ction system, as applicable, pending or threatened litigation which could materially affect its performance hereunder, and any other reasonably related opinions. -9- Section 5.4. Construction and other Cooperation. The Count; and each Participant currently constructing wastewater collection systems agree to cooperate with each other during construction of the Project and their sewer collection systems,such assistance to include, but not be limited to,providing access to each others work sites and easements for purposes of connecting to the Project and sharing information about start and completion dates, change orders and other matters that may adversely affect Costs. Each such Participant agrees to construct its respective wastewater collection system and place it in operation with all reasonable dispatch and thereafter to operate and maintain it in a prudent and economical mannr:r. The same shall be true for all subsequent additions and Improvements as required to provide sewer services to all Participants,both current and future Section 5.5. Books_and Records. The County shall keep proper books and records in accordance with generally accepted accounting principles which shall be available for inspection at all reasonable times by each Participant. The County shall cause an annual audit of its books and records to be made by an independent certified public accountant at the end of each Fiscal Year. Section 5.6. Successors and Assigns. Each Sewer Service Agreement, including these Standard Provisions, shall be binding upon, inure to the benefit of and be enforceable by the parties thereto and their respective successors and assigns; provided, however, that neither a Participant nor the County may assign their rights,liabilities and obligations hereunder without the consent of the other party except that the County may assign all Sewer Service Agreements to the Trustee without the consent of any Participant.' Section 5.7. Severabtlity. If any provision of any Sewer Service Agreement, including these Standard Provisions, shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not affect any other provision thereof. Section 5.8. Waiver. Any party's failure to insist upon the strict performance of any provision of a Sewer Service Agreement, or to exercise any right based upon a breach thereof,or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under the Sewer Service Agreement. Section 5.9. Counterparts. Sewer Service Agreements may be executed in several counterparts,any of which shall be regarded for all purposes as one original. Section 5.10. Controlting_Law. Sewer Service Agreements shall be construed and enforced in accordance with the laws of the State of North Carolina. Section 5.11. Effective Date. Sewer Service Agreements shall become effective as of the date of their execution by all parties thereto unless otherwise specified by the parties , 07/25/2001 Page 1 Leland - NE Sewer Loan Reimbursement Compound Period : Monthly lninal Annual Rate : 2.550 % Effective Annual Rate : 2.580 Periodic Rate : 0.2125 % Daily Rate • 0.00699 % CASH FLOW DATA Event Start Date Amount Number Period End Date 1 Loan 08/01/2003 6,790,808.00 1 2 Payment 09/01/2003 36,150.33 240 Monthly 08/01/2023 AMORTIZATION SCHEDULE - Normal Amortization n Interest _principal Date Payment al Balance�:. Loan 08/01/2003 6,790,808.00 1 09/01/2003 36,150.33 14,430.47 21,719.86 6,769,088.14 2 10/01/2003 36,150.33 14,384.31 21,766.02 6,747,322.12 3 11/01/2003 36,150.33 14,338.06 21,812.27 6,725,509.85 4 12/01/2003 36,150.33 14,291.71 21,858.62 6,703,651.23 2003 Totals 144,601.32 57,444.55 87,156.77 5 01/01/2004 36,150.33 14,245.26 21,905.07 6,681,746.16 6 02/01/2004 36,150.33 14,198.71 21,951.62 6,659,794.54 7 03/01/2004 36,150.33 14,152.06 21,998.27 6,637,796.27 8 04/01/2004 36,150.33 14,105.32 22,045.01 6,615,751.26 9 05/01/2004 36,150.33 14,058.47 22,091.86 6,593,659.40 10 06/01/2004 36,150.33 14,011.53 22,138.80 6,571,520.60 11 07/01/2004 36,150.33 13,964.48 22,185.85 6,549,334.75 12 08/01/2004 36,150.33 13,917.34 22,232.99 6,527,101.76 13 09/01/2004 36,150.33 13,870.09 22,280.24 6,504,821.52 14 10/01/2004 36,150.33 13,822.75 22,327.58 6,482,493.94 15 11/01/2004 36,150.33 13,775.30 22,375.03 6,460,118.91 16 __12/01/2004 36,150.33 1.3,727.75 22,422.58 6,437,696.33 2004 Totals 433,803.96 167,849.06 265,954.90 17 01/01/2005 36,150.33 13,680.10 22,470.23 6,415,226.10 18 02/01/2005 36,150.33 13,632.36 22,517.97 6,392,708.13 19 03/01/2005 36,150.33 13,584.50 22,565.83 6,370,142.30 20 04/01/2005 36,150.33 13,536.55 22,613.78 6,347,528.52 21 05/01/2005 36,150.33 13,488.50 22,661.83 6,324,866.69 22 06/01/2005 36,150.33 13,440.34 22,709.99 6,302,156.70 23 07/01/2005 36,150.33 13,392.08 22,758.25 6,279,398.45 24 08/01/2005 36,150.33 13,343.72 22,806.61 6,256,591.84 09/01/2005 36,150.33 13,295.26 22,855.07 6,233,736.77 26 10/01/2005 36,150.33 13,246.69 22,903.64 6,210,833.13 27 11/01/2005 36,150.33 13,198.02 22,952.31 6,187,880.82 28 12/01/2005 36,150.33 13,149.25 23,001.08 6,164,879.74 07/25/2001 Page 2 Leland - NE Sewer Loan Reimbursement Date Payment Interest Principal Balance 5 Totals 433,803.96 160,987.37 272,816.59 29 01/01/2006 36,150.33 13,100.37 23,049.96 6,141,829.78 30 02/01/2006 36,150.33 13,051.39 23,098.94 6,118,730.84 31 03/01/2006 36,150.33 13,002.30 23,148.03 6,095,582.81 32 04/01/2006 36,150.33 12,953.11 23,197.22 6,072,385.59 33 05/01/2006 36,150.33 12,903.82 23,246.51 6,049,139.08 34 06/01/2006 36,150.33 12,854,42 23,295.91 6,025,843.17 35 07/01/2006 36,150.33 12,804.92 23,345.41 6,002,497.76 36 08/01/2006 36,150.33 12,755.31 23,395.02 5,979,102.74 37 09/01/2006 36,150.33 12,705.59 23,444.74 5,955,658.00 38 10/01/2006 36,1 ,50.33 12 655.77 23,494.56 5,932,163.44 1 605.85 39 11/01/2006 36,150.33 2, 23,544.48 5,908,618.96 40 12/01/2006 36,150.33 12,555.82 23,594.51 5,885,024.45 2006 Totals 433,803.96 153,948.67 279,855.29 41 01/01/2007 36,150.33 12,505.68 23,644.65 5,861,379.80 42 02/01/2007 36,150.33 12,455.43 23,694.90 5,837,684.90 43 03/01/2007 36,150.33 12,405.08 23,745.25 5,813,939.65 44 04/01/2007 36,150.33 12,354.62 23,795.71 5,790,143.94 45 05/01/2007 36,150.33 12,304.06 23,846.27 5,766,297.67 46 06/01/2007 36,150.33 12,253.38 23,896.95 5,742,400.72 47 07/01/2007 36,150.33 12,202.60 23,947.73 5,718,452.99 48 08/01/2007 36,150.33 12,151.71 23,998.62 5,694,454.37 49 09/01/2007 36,150.33 12,100.72 24,049.61 5,670,404.76 50 10/01/2007 36,150.33 12,049.61 24,100.72 5,646,304.04 51 11/01/2007 36,150.33 11,998.40 24,151.93 5,622,152.11 52 12/01/2007 36,150.33 11,947.07 24,203.26 5,597,948.85 2007 Totals 433,803.96 146,728.36 287,075.60 53 01/01/2008 36,150.33 11,895.64 24,254.69 5,573,694.16 54 02/01/2008 36,150.33 11,844.10 24,306.23 5,549,387.93 55 03/01/2008 36,150.33 11,792.45 24,357.88 5,525,030.05 56 04/01/2008 36,150.33 11,740.69 24,409.64 5,500,620.41 57 05/01/2008 36;150,33 11,688.82 .24,461._51 5,47..6,158.90 58 06/01/2008 36,150.33 11,636.84 24,513.49 5,451,645.41 59 07/01/2008 36,150.33 11,584.75 24,565.58 5,427,079.83 60 08/01/2008 36,150.33 11,532.54 24,617.79 5,402,462.04 61 09/01/2008 36,150.33 11,480.23 24,670.10 5,377,791.94 069.42353 62 10/01/2008 36,150.33 11,427.81 24,722.52 5, , 63 11/01/2008 36,150.33 11,375.27 24,775.06 5,328,294.36 64 12/01/2008 36,150.33 11,322.63 24,827.70 5,303,466.66 2008 Totals 433,803.96 139,321.77 294,482.19 65 01/01/ 2009 36,150.33 11,269.87 24,880.46 5,278,586.20 66 02/01/2009 36,150.33 11,217.00 24,933.33 5,253,652.87 67 03/01/2009 36,150.33 11,164.01 24,986.32 5,228,666.55 68 04/01/2009 36,150.33 11,110.92 25,039.41 5,203,627.14 69 05/01/2009 36,150.33 11,057.71 25,092.62 5,178,534.52 07/25/2001 Page 3 Leland - NE Sewer Loan Reimbursement Date .Payment Interest Principal Balance 06/01/2009 36,150.33 11,004.39 25,145.94 5,153,388.58 71 07/01/2009 36,150.33 10,950.95 25,199.38 5,128,189.20 72 08/01/2009 36,150.33 10,897.40 25,252.93 5,102,936.27 73 09/01/2009 36,150.33 10,843.74 25,306.59 5,077,629.68 10 789.96 25 3 74 10/01/2009 36,150.33 60.37 5,052,269.31 75 11/01/2009 36,150.33 10,736.07 25,414.26 5,026,855.05 76 12/01/2009 36,150.33 10,682.07 25,468.26 5,001,386.79 2009 Totals 433,803.96 131,724.09 302,079.87 77 01/01/2010 36,150.33 10,627.95 25,522.38 4,975,864.41 78 02/01/2010 36,150.33 10,573.71 25,576.62 4,950,287.79 79 03/01/2010 36,150.33 10,519.36 25,630.97 4,924,656.82 80 04/01/2010 36,150.33 10,464.90 25,685.43 4,898,971.39 81 05/01/2010 36,150.33 10,410.31 25,740.02 4,873,231.37 82 06/01/2010 36,150.33 10,355.62 25,794.71 4,847,436.66 83 07/01/2010 36,150.33 10,300.80 25,849.53 4,821,587.13 84 08/01/2010 36,150.33 10,245.87 25,904.46 4,795,682.67 85 09/01/2010 36,150.33 10,190.83 25,959.50 4,769,723.17 86 10/01/2010 36,150.33 10,135.66 26,014.67 4,743,708.50 87 11/01/2010 36,150.33 10,080.38 26,069.95 4,717,638.55 88 12/01/2010 36,150.33 10,024.98 26,125.35 4,691,513.20 2010 Totals 433,803.96 123,930.37 309,873.59 o9 01/01/2011 36,150.33 9,969.47 26,180.86 4,665,332.34 90 02/01/2011 36,150.33 9,913.83 26,236.50 4,639,095.84 91 03/01/2011 36,150.33 9,858.08 26,292.25 4,612,803.59 92 04/01/2011 36,150.33 9,802.21 26,348.12 4,586,455.47 93 05/01/2011 36,150.33 9,746.22 26,404.11 4,560,051.36 94 06/01/2011 36,150.33 9,690.11 26,460.22 4,533,591.14 95 07/01/2011 36,150.33 9,633.88 26,516.45 4,507,074.69 96 08/01/2011 36,150.33 9,577.53 26,572.80 4,480,501.89 97 09/01/2011 36,150.33 9,521.07 26,629.26 4,453,872.63 98 10/01/2011 36,150.33 9,464.48 26,685.85 4,427,186.78 99 11/01/2011 .36,150.33 9,407.77 26,742.56 4,400,444.22 10012/01/2011 36,150.33 9,350.94 26,799.39 4,373,644,83 2011 Totals 433,803.96 115,935.59 317,868.37 101 01/01/2012 36,150.33 9,294.00 26,856.33 4,346,788.50 102 02/01/2012 36,150.33 9,236.93 26,913.40 4,319,875.10 103 03/01/2012 36,150.33 9,179.73 26,970.60 4,292,904.50 104 04/01/2012 36,150.33 9,122.42 27,027.91 4,265,876.59 105 05/01/2012 36,150.33 9,064.99 27,085.34 4,238,791.25 106 06/01/2012 36,150.33 9,007.43 27,142.90 4,211,648.35 107 07/01/2012 36,150.33 8,949.75 27,200.58 4,184,447.77 498 08/01/2012 36,150.33 8,891.95 27,258.38 4,157,189.39 J9 09/01/2012 36,150.33 8,834.03 27,316.30 4,129,873.09 110 10/01/2012 36,150.33 8,775.98 27,374.35 4,102,498.74 111 11/01/2012 36,150.33 8,717.81 27,432.52 4,075,066.22 112 12/01/2012 36,150.33 8,659.52 27,490.81 4,047,575.41 07/25/2001 Page 4 Leland - NE Sewer Loan Reimbursement Date Payment Interest Principal Balance 12 Totals 433,803.96 107,734.54 326,069.42 113 01/01/2013 36,150.33 8,601.10 27,549.23 4,020,026.18 114 02/01/2013 36,150.33 8,542.56 27,607.77 3,992,418.41 115 03/01/2013 36,150.33 8,483.89 27,666.44 3,964,751.97 116 04/01/2013 36,150.33 8,425.10 27,725.23 3,937,026.74 117 05/01/2013 36,150.33 8,366.18 27,784.15 3,909,242.59 118 06/01/2013 36,150.33 8,307.14 27,843.19 3,881,399.40 119 07/01/2013 36,150.33 8,247.97 27,902.36 3,853,497.04 120 08/01/2013 36,150.33 8,188.68 27,961.65 3,825,535.39 121 09/01/2013 36,150.33 8,129.26 28,021.07 3,797,514.32 122 10/01/2013 36,150.33 8,069.72 28,080.61 3,769,433.71 123 11/01/2013 36,150.33 8,010.05 28,140.28 3,741,293.43 50.25 28 200.08 3,713,093.35 3 36 150.33 7 124 12/01/201 9, 2013 Totals 433,803.96 99,321.90 334,482.06 125 01/01/2014 36,150.33 7,890.32 28,260.01 3,684,833.34 126 02/01/2014 36,150.33 7,830.27 28,320.06 3,656,513.28 127 03/01/2014 36,150.33 7,770.09 28,380.24 3,628,133.04 128 04/01/2014 36,150.33 7,709.78 28,440.55 3,599,692.49 129 05/01/2014 36,150.33 7,649.35 28,500.98 3,571,191.51 130 06/01/2014 36,150.33 7,588.78 28,561.55 3,542,629.96 31 07/01/2014 36,150.33 7,528.09 28,622.24 3,514,007.72 32 08/01/2014 36,150.33 7,467.27 28,683.06 3,485,324.66 133 09/01/2014 36,150.33 7,406.31 28,744.02 3,456,580.64 134 10/01/2014 36,150.33 7,345.23 28,805.10 3,427,775.54 135 11/01/2014 36,150.33 7,284.02 28,866.31 3,398,909.23 136 12/01/2014 36,150.33 7,222.68 28,927.65 3,369,981.58 2014 Totals 433,803.96 90,692.19 343,111.77 137 01/01/2015 36,150.33 7,161.21 28,989.12 3,340,992.46 138 02/01/2015 36,150.33 7,099.61 29,050.72 3,311,941.74 139 03/01/2015 36,150.33 7,037.88 29,112.45 3,282,829.29 140 04/01/2015 36,150.33 6,976.01 29,174.32 3,253,654.97 141 05/01/2015 36,150.33 6,914.02 29,23631 3,224,418.66 142 06/01/2015 36,150.33 6,851.89 29,298.44 3,195,120.22 143 07/01/2015 36,150.33 6,789.63 29,360.70 3,165,759.52 144 08/01/2015 36,150.33 6,727.24 29,423.09 3,136,336.43 145 09/01/2015 36,150.33 6,664.71 29,485.62 3,106,850.81 146 10/01/2015 36,150.33 6,602.06 29,548.27 3,077,302.54 147 11/01/2015 36,150.33 6,539.27 29,611.06 3,047,691.48 148 12/01/2015 36,150.33 6,476.34 29,673.99 3,018,017.49 2015 Totals 433,803.96 81,839.87 351,964.09 '49 01/01/2016 36,150.33 6,413.29 29,737.04 2,988,280.45 r50 02/01/2016 36,150.33 6,350.10 29,800.23 2,958,480.22 151 03/01/2016 36,150.33 6,286.77 29,863.56 2,928,616.66 152 04/01/2016 36,150.33 6,223.31 29,927.02 2,898,689.64 153 05/01/2016 36,150.33 6,159.72 29,990.61 2,868,699.03 07/25/2001 Page 5 : Leland- NE Sewer Loan Reimbursement Date , . Payment Interest Principal Balance i4 06/01/2016 36,150.33 6,095.99 30,054.34 2,838,644.69 455 07/01/2016 36,150.33 6,032.12 30,118.21 2,808,526.48 156 08/01/2016 36,150.33 5,968.12 30,182.21 2,778,344.27 157 09/01/2016 36,150.33 5,903.98 30,246.35 2,748,097.92 158 10/01/2016 36,150.33 5,839.71 30,310.62 2,717,787.30 159 11/01/2016 36,150.33 5,775.30 30,375.03 2,687,412.27 160 12/01/2016 36,150.33 5,710.75 30,439.58 2,656,972.69 2016 Totals 433,803.96 72,759.16 361,044.80 161 01/01/2017 36,150.33 5,646.07 30,504.26 2,626,468.43 162 02/01/2017 36,150.33 5,581.25 30,569.08 2,595,899.35 163 03/01/2017 36,150.33 5,516.29 30,634.04 2,565,265.31 164 04/01/2017 36,150.33 5,451.19 30,6,99.14 2,534,566.17 165 05/01/2017 36,150.33 5,385.95 30,764.38 2,503,801.79 166 06/01/2017 36,150.33 5,320.58 30,829.75 2,472,972.04 167 07/01/2017 36,150.33 5,255.07 30,895.26 2,442,076.78 168 08/01/2017 36,150.33 5,189.41 30,960.92 2,411,115.86 169 09/01/2017 36,150.33 5,123.62 31,026.71 2,380,089.15 170 10/01/2017 36,150.33 5,057.69 31,092.64 2,348,996.51 171 11/01/2017 36,150.33 4,991.62 31,158.71 2,317,837.80 172 12/01/2017 36,150.33 4,925.41 31,224.92 2,286,612.88 2017 Totals 433,803.96 63,444.15 370,359.81 , 3 01/01/2018 36,150,33 4,859.05 31,291.28 2,255,321.60 174 02/01/2018 36,150.33 4,792.56 31,357.77 2,223,963.83 175 03/01/2018 36,150.33 4,725.92 31,424.41 2,192,539.42 176 04/01/2018 36,150.33 4,659.15 31,491.18 2,161,048.24 177 05/01/2018 36,150.33 4,592.23 31,558.10 2,129,490.14 178 06/01/2018 36,150.33 4,525.17 31,625.16 2,097,864.98 179 07/01/2018 36,150.33 4,457.96 31,692.37 2,066,172.61 180 08/01/2018 36,150.33 4,390.62 31,759.71 2,034,412.90 181 09/01/2018 36,150.33 4,323.13 31,827.20 2,002,585.70 182 10/01/2018 36,150.33 4,255.49 31,894.84 1,970,690.86 183 11/01/2018 36,150.33 4,187.72 31,962.61 1,938,728.25 184 12/01/2018 36,150.33 4,119.80 32,030.53 1,906,697 72 2018 Totals 433,803.96 53,888.80 379,915.16 185 01/01/2019 36,150.33 4,051.73 32,098.60 1,874,599.12 186 02/01/2019 36,150.33 3,983.52 32,166.81 1,842,432.31 187 03/01/2019 36,150.33 3,915.17 32,235.16 1,810,197.15 188 04/01/2019 36,150.33 3,846.67 32,303.66 1,777,893.49 189 05/01/2019 36,150.33 3,778.02 32,372.31 1,745,521.18 190 06/01/2019 36,150.33 3,709.23 32,441.10 1,713,080.08 191 07/01/2019 36,150.33 3,640.30 32,510.03 1,680,570.05 1.92 08/01/2019 36,150.33 3,571.21 32,579.12 1,647,990.93 )3 09/01/2019 36,150.33 3,501.98 32,648.35 1,615,342.58 194 10/01/2019 36,150.33 3,432.60 32,717.73 1,582,624.85 195 11/01/2019 36,150.33 3,363.08 32,787.25 1,549,837.60 196 12/01/2019 36,150.33 3,293.40 32,856.93 1,516,980.67 07/25/2001 Page 6 : Leland - NE Sewer Loan Reimbursement Date Payment Interest Principal Balance Totals 433,803.96 44,086.91 389,717.05 197 01/01/2020 36,150.33 3,223.58 32,926.75 1,484,053.92 198 02/01/2020 36,150.33 3,153.61 32,996.72 1,451,057.20 199 03/01/2020 36,150.33 3,083.50 33,066.83 1,417,990.37 200 04/01/2020 36,150.33 3,013.23 33,137.10 1,384,853.27 201 05/01/2020 36,150.33 2,942.81 33,207.52 1,351,645.75 202 06/01/2020 36,150.33 2,872.25 33,278.08 1,318,367.67 203 07/01/2020 36,150.33 2,801.53 33,348.80 1,285,018.87 204 08/01/2020 36,150.33 2,730.67 33,419.66 1,251,599.21 205 09/01/2020 36,150.33 2,659.65 33,490.68 1,218,108.53 206 10/01/2020 36,150.33 2,588.48 33,561.85 1,184,546.68 207 11/01/2020 36,150.33 2,517.16 33,633.17 1,150,913.51 208 12/01/2020 36,150.33 2,445.69 33,704.64 1,117,208.87 2020 Totals 433,803.96 34,032.16 399,771.80 209 01/01/2021 36,150.33 2,374.07 33,776.26 1,083,432.61 210 02/01/2021 36,150.33 2,302.29 33,848.04 1,049,584.57 211 03/01/2021 36,150.33 2,230.37 33,919.96 1,015,664.61 212 04/01/2021 36,150.33 2,158.29 33,992.04 981,672.57 213 05/01/2021 36,150.33 2,086.05 34,064.28 947,608.29 214 06/01/2021 36,150.33 2,013.67 34,136.66 913,471.63 215 07/01/2021 36,150.33 1,941.13 34,209.20 879,262.43 6 08/01/2021 36,150.33 1,868.43 34,281.90 844,980.53 217 09/01/2021 36,150.33 1,795.58 34,354.75 810,625.78 218 10/01/2021 36,150.33 1,722.58 34,427.75 776,198.03 219 11/01/2021 36,150.33 1,649.42 34,500.91 741,697.12 220 12/01/2021 36,150.33 1,576.11 34,574.22 707,122.90 2021 Totals 433,803.96 23,717.99 410,085.97 221 01/01/2022 36,150.33 1,502.64 34,647.69 672,475.21 222 02/01/2022 36,150.33 1,429.01 34,721.32 637,753.89 223 03/01/2022 36,150.33 1,355.23 34,795.10 602,958.79 224 04/01/2022 36,150.33 1,281.29 34,869.04 568,089.75 225. 05/01/2022 36,150.33 1,207.19 34,943.14 533,146.61 226 0701/2022 36,150.33 1,132.94 35,017.39 498,129.22 227 07/01/2022 36,150.33 1,058.52 35,091.81 463,037.41 228 08/01/2022 36,150.33 983.95 35,166.38 427,871.03 229 09/01/2022 36,150.33 909.23 35,241.10 392,629.93 230 10/01/2022 36,150.33 834.34 35,315.99 357,313.94 231 11/01/2022 36,150.33 759.29 35,391.04 321,922.90 232 12/01/2022 36,150.33 684.09 35,466.24 286,456.66 2022 Totals 433,803.96 13,137.72 420,666.24 233 01/01/2023 36,150.33 608.72 35,541.61 250,915.05 02/01/2023 36,150.33 533.19 35,617.14 215,297.91 235 03/01/2023 36,150.33 457.51 35,692.82 179,605.09 236 04/01/2023 36,150.33 381.66 35,768.67 143,836.42 237 05/01/2023 36,150.33 305.65 35,844.68 107,991.74 • 07/25/2001 Page 7 , Leland - NE Sewer Loan Reimbursement Date Payment Interest Principal Balance (18 06/01/2023 36,150.33 229.48 35,920.85 72,070.89 9 07/01/2023 36,150.33 153.15 35,997.18 36,073.71 240 08/01/2023 36,150.33 76.62 36,073.71 0.00 2023 Totals 289,202.64 2,745.98 286,456.66 Grand Totals 8,676,079.20 1,885,271.20 6,790,808.00 1 07/25/2001 Page 8 Leland - NE Sewer Loan Reimbursement interest amount decreased by 0.04 due to rounding. AMENDMENT NO. I NORTHEAST BRUNSWICK REGIONAL WASTEWATER PROJECT SEWER SERVICE AGREEMENT It is agreed to and understood by all parties hereto that the Northeast Brunswick Regional Wastewater Project Sewer Service Agreement entered into by the Town of Leland and County of Brunswick on the 26th day of July 2001,shall be amended as follows: WHEREAS,the County has constructed and operates a 1.65 mgd wastewater treatment plant and transmission system known as the Northeast Brunswick Regional Wastewater System, which provides wastewater treatment and transmission for the Participants in the Northeast Brunswick Regional Wastewater System,and WHEREAS,the County and the Participants have determined that a 0.825 mgd expansion of the Northeast Brunswick Regional Wastewater System is needed and the County has agreed to construct and operate the 0.825 mgd Northeast Brunswick Regional Wastewater System Expansion (the "Expansion") which will treat wastewater generated within the Participant's collection systems,and WHEREAS, in order to assist in the construction of the Expansion, financing, and operation of the Expansion,the Participants have agreed to amend the existing Sewer Service Agreement with the County for sewer service to provide, among other things, for payment by the Participants of (i) their pro rata portion of the capital cost of the Expansion through an Availability Charge, Contribution in Aid of Construction,or otherwise, on a basis that equitably allocates among them Expansion Costs. 1. EXPANDED SEWER SERVICE. Subject to the terms of the Standard Provisions, the County agrees to construct, operate, and maintain the Expansion and upon completion thereof, to provide additional sewer service in the amount of FOUR HUNDRED TWELVE THOUSAND FIVE HUNDRED GALLONS PER DAY (412,500 GPD). The total sewer service available to the Participant from the original Project and the Expansion is 1,160,100 gallons per day (gpd). 2. PARTICIPANT'S SHARE OF CAPITAL EXPANSION COSTS. In order to pay the Participant's fair share of the Capital Cost of the Expansion, the Participant promises to pay the County in each month an Availability Charge (as defined herein) equal to the sum of the amount due in such month in the schedule attached hereto as Exhibit A.The first Availability Charge shall be due the first month that the Expansion is capable of accepting and treating wastewater from the Participant as determined by the County's Consulting Engineer and North Carolina Department of Environment and Natural Resources. The Participant may, in lieu of paying an Availability Charge, pay to the County, a lump sum Contribution in Aid of Construction an amount equal to their proportionate share of the Capital Cost of the Expansion. Any lump sum amounts of Contribution in Aid of Construction must be paid prior to the County awarding construction contracts. Lump sum of Contribution in Aid of Construction will be used to reduce the debt borrowed on the project and pay costs associated with the capital project. Based upon an Expansion of the 0.825 mgd and the additional sewer service of 412,500 gpd, the Participant's proportional share of the Capital Expansion Cost is determined to be 50.0%. 3. EXPANSION CAPITAL COST. The Expansion Capital Cost shall be defined as all costs incurred in the construction of a 0.825 mgd expansion of the Northeast Brunswick Regional Wastewater System and shall include but not be limited to engineering, equipment, construction,easement acquisitions, financing charges, and permit fees. Upon completion of the Expansion, the County will supply to all Participants a copy of the final audited Expansion Capital Cost. AGREED TO THIS THE 29th DAY OF FEBRUARY 2009. i A THE COUNTY OF BRUNSWICK K CpV' tyi� ::.d,� �.._ By: Z wr94e4 - `.ITA� y_{,•tx William M. Sue • Chairman "This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act." Ann B. Hardy, Director of Fiscal Operations Brunswick County ATTEST: TOWN OF LELAND 11$ k '• • Walter Futch t-- Mayor 11. ?has been preaudited in the manner required by the Local Government Budget trol Act.,, 1114(1-- 00.„.„9 Fin e Director Town of Leland r ► of c 0 Town Council Resolution Town of Leland t v North Carolina r Introduced by: Town Manager Date: February 19,2009 Resolution Approving Amendment#I to the Northeast Brunswick Regional Wastewater Treatment Contract THEREFORE,BE IT RESOLVED: THAT the Town Council approves the attached agreement with Brunswick County for the first amendment to the Northeast Brunswick Regional Wastewater Project Sewer Service Agreement. Walter B. Futch,Jr., M r Adopted at a regular meeting on February 19,2009 Attest: OF 111piel 2 • nn k_ Carol A Floyd, MMC 2 •. , i kit Town Clerk _ 47r i h'r C ACt9 39 A i