WQCS00205_Application_20210319

Elyers
Environmental Inc.
P.O. Box 729
Water and Wastewater System operations Pisgah Forest, NC 28768
North Carolina Division of Water Resources
Municipal Permitting Unit
Attn: WQCS Renewals
1617 Mail Service Center
Raleigh, North Carolina, 27699-1636
11.23.20
RE: Town of Marshall, NC
WWCS Permit Renewal
WQCS00205
Form CSA 12-12 & Supporting Documentation
RECEIVED
DEC 0 7 2020
NCDEQ/DWR/NPDES
Please find the enclosed Wastewater Collection System Permit Renewal Application for the Town of
Marshall, North Carolina, WQCS00205.
This application includes one original and one copy of the application and supporting documentation
which includes:
1. Application form CSA 12
2. Pump Station List
3. High Priority Lines List
4. Annual Budget for Collection System
5. Capital Improvements Plan
6. Response
7. Action Plan
8. Contingency Plan
9. Comprehensive Collection System Map
10. List of Any Potential Compliance Issues
7
Sincerel
Don
Byrs Envifonmental Qtions, Inc.

Application Form CSA 12-12

DWR
Division of Water Resources
State of North Carolina
Department of Environmental Quality
Division of Water Resources
15A NCAC 02T .0400 — SYSTEM -WIDE WASTERWATER COLLECTION SYSTEMS
INSTRUCTIONS FOR FORM CSA 04-16 & SUPPORTING DOCUMENTATION
Documents shall be prepared in accordance with I5A 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 copv of the application and supporting documentation.
A. Cover Letter
® 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
i 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:
® 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 lnformation:
w The Authorized signing official listed in Section 1.4 should match with that of the Applicant certification page in
accordance with 15A NCAC 021 .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 Director's 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 I of 5

E. Summary of Attachments Required:
® Instruction A:
® Instruction C:
❑ Instruction C:
❑ Instruction D:
® Section IV.3
® Section IV.4
Section V.4
® Section V.6
El Section VI. 2
® Section VI.4
® Section V1.6
❑ Section VII
Cover Letter
Application
Ownership Documentation (i.e. CPCN) (If necessary)
Delegation Letter (If necessary for signing official)
Pump Station List
High Priority Lines List
Annual Budget for Collection System (Updated and Approved)
Capital Improvement Plan (Updated and Approved)
Response Action Plan
Contingency Plan
Comprehensive Collection System Map
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:
Attn: PERCS Unit Supervisor
1617 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27699-1617
TELEPHONE NUMBER: [phone]
By Courier/Special Delivery:
512 N. SALISBURY ST. Suite 925
RALEIGH, NORTH CAROLINA 27604
INSTRUCTIONS FOR APPLICATION CSA 04-16 & SUPPORTING DOCUMENTATION Page 2 of 5

I. APPLICANT INFORMATION:
I . Applicant's name (Municipality. Public Utility, etc): Town of Marshall, NC
2. Facility Information: Name: Marshall Collection System Permit No.: WQCS00205
3. Applicant type: ® Municipal ❑ State ❑ Privately -Owned Public Utility
❑ County ❑ Other:
4. Signature authority's name: Jack Wallin per 15A NCAC 02T .0106(b)
Title: Mayor
5. Applicant's mailing address: PO Box 548
City: Marshall
State: NC Zip: 28753-
6. Applicant's contact information:
Phone number: [phone] Fax number: () ,- Email address: info a townofmarshall.org
IL CONTACT/CONSULTANT INFORMATION:
1. Contact Name: Donald G Byers
2. Title/Affiliation: Operator
3. Contact's mailing address: PO Box 729
4. City: Pisgah Forest State: NC Zip: 28768-
5. Contact's information:
Phone number: [phone] Fax number: () - Email address: byersenvironmental(a?gmail.com
111. GENERAL REQUIREMENTS:
1. New Permit or Peemit Renewal? ❑ New ® Renewal
2. County System is located in: Madison County
3. Owner & Name of Wastewater Treatment Facility(ies) receiving wastewater from this collection system:
Owner(s) & Name(s): Town of Marshall
4. WWTF Permit Number(s): NC0021733
5. What is the wastewater type? 98.75 % Domestic or 1.25 % Industrial (See 1 SA NCAC 02T .0103(20))
—.). Is there a Pretreatment Program in effect? ® Yes or ❑ No
6. Wastewater flow: 0.050 MGD (Current average flow of wastewater generated by collection system)
7. Combined permitted flow of all treatment plants: 0.400 MGD
8. Explain how the wastewater flow was determined: ❑ 1 5A NCAC 02'I' .0114 or ® Representative Data
9. Population served by the collection system: 380M
IV. COLLECTION SYSTEM INFORMATION:
1. Line Lengths for Collection System:
Sewer Line Description
Length
Gravity Sewer
9.2 (miles)
Force Main
1.25 (miles)
Vacuum Sewer
0 (miles)
Pressure Sewer
0 (miles)
APPLICATION CSA 04-16
5
Page 3 of

2. Pump Stations for Collection System:
Pump Station Type
Number
Simplex Pump Stations (Serving Single Building)
0
Simplex Pump Stations (Serving Multiple Buildings)
0
Duplex Pump Stations
4
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
Y Indicate type of high priority line (i.e. aerial), material and general location
V. COLLECTION SYSTEM ADMINISTRATION:
I. Provide a brief description of the organizational structure that is responsible for management, operation and maintenance of
the collection system.
Manor Council form of government with one council member designated as the Utility Department Head to
supervise the wastewater collection system maintenance workers.
2. Indicate the current designated collection system operators for the collection system per l5A NCAC 08G.0201
Main ORC Name: James Chandler
Back -Up ORC Name: Donald 13vers13128
Certification Number: 990042
Certification Number:
See the "WOGS 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: $ 115.000
4. Submit a copy of your current annual budget.
5. Approximate capital improvement budge for the collection system only: S .I.420,000
6. Submit a copy of your current capital improvement plan.
7. Is this collection system currently a satellite system ❑ Yes or ® No
8. Do any satellite systems discharge to this collection system ® Yes or ❑ No (If yes complete table below)
Satellite System
Contact Information (Name, Address, Phone Number)
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:
APPLICATION CSA 04-16
5
Page 4 of

VI. COLLECTION SYSTEM COMPLIANCE:
1. Is a Response Action Plan currently in place ® 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? ® 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? ® Yes or ❑ No
6. Submit a submit a copy of the collection system map (CD or hardcopy) or indicate a schedule for completion
7. Thoroughly read and review the Slsiem-Wide Collection System Permit Conditions. Typically compliance schedules
are only offered to NEW permit applicants and NOT permit renewals. Any compliance dates must be included within
the permit prior to issuance or the permit holder will be found in violation upon inspection.
Permit Condition
Current
Compliance?
lino, Indicate a
Compliance
Date
Typical
Compliance
Schedule
1(4) — Grease ordinance with legal authority to inspect/enforce
.1 Yes ❑ No
12 — 18 mo.
1(5) — Grease inspection and enforcement program
® Yes ❑ No
12 — 18 mo.
1(6) — Three to five year current Capital Improvement Plan.
4 Yes ❑ No
12 — 18 mo.
1(8) — Pump station contingency plan
►. Yes ❑ No
3 mo_
1(9) — Pump station identification signs.
® Yes ❑ No
3 mo.
1(1 1) — Functional and conspicuous audible and visual alarms.
® Yes ❑ No
3 — 6 mo.
11(5) — Spare pumps for any station where one pump cannot
handle peak flows alone (in a duplex station, the 2"r' pump is
the spare if pump reliability is met).
® Yes ❑ No
6 — 9 mo.
11(7) — Accessible right-of-ways and easements.
® Yes • No
6 — 12 mo.
11(9) — Response action plan with Items 9 (a — h).
/ i Yes ❑ No
3 mo.
111(3) — Comprehensive collection system map
4 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):
VI1. APPLICANT'S CERTIFICATION per 15A NCAC 02T .0106(b):
I, Jack Wallin, Mayor
(Signature Authority's Name & Title from Item 1.4)
Signature:
attest that this application for The Town of Marshall, North Carolina
(Facility name from Item 1.1)
has been reviewed by me and is accurate and complete to the best of my knowledge. 1 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 I43-215.6B, 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
SI0,000 as ivil penalties up to $25,000 per violation.
Gt
Date:
/ b 6c 2oZD
APPLICATION CSA 04-16
5
Page 5 of

Pump Station List

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High Priority Sewer Lines

High Priority Sewer Lines
1. 1000 feet of submerged force main from Redman Road Pump
Station #1 to the WWTP
2. 2" Force main from Island Road Pump Station #4 to WWTP
3. Aerial Sewer main at Hayes Run

Collection System Annual Budget

TOWN OF MARSHALL, NORTH CAROLINA
2019-20 BUDGET ORDINANCE
BE IT ORDAINED by the Board of Alderman of Marshall, North Carolina:
SECTION 1:
The following amounts are heneby appropriated in the General Fund for the
operation of the town government and Its activities for the fiscal year beginning
July 01, 2019, and ending June 30, 2020, in accordance with the chart of
accounts heretofore established for this Town:
Governing Board $ 160,085.00
Administration $ 199,250.00
Planning and Zoning $ 1,950.00
Elections $ 6,000.00
Police $ 270,773.00
Streets $ 351,000.00
Powell Blli $ 38,750.00
Fire Department $ 70,000.00
Recreation $ 4,400.00
Total Appropriation $ 1,102,208.00
SECTION 2: it is estimated that the following revenues will be available in the General Fund
for the fiscal year beginning July 01, 2019, and endingJune 30, 2020:
Interest Ad Valorem Taxes $ 4,000,00
2009 Ad Valorem Tax $ 50.00
2010 Ad Valorem Tax $ 50.00
2011 Ad Valorem Tax $ 50.00
2012 Ad Valorem Tax $ 50.00
2013 Ad Valorem Tax $ 200.00
2014 Ad Valorem Tax $ 400.00
2015 Ad Valorem Tax $ 400,00
2016 Ad Valorem Tax $ 1,500.00
2017 Ad Valorem Tax $ 2,000.00
2018 Ad Valorem Tax $ 10,000.00
2019 Ad Valorem Tax $ 415,000.00
Vehicle Tax $ 22,000.00
Payment in Ileu of taxes $ 10,000.00

SECTION 3:
TOWN OF MARSHALL, NORTH CAROLINA
2019-20 BUDGET ORDINANCE
Police Officer Fees
Local Sales & Use Tax
Alcohol/Beverage Tax Distr.
Solid Waste Disposal Tax
Utilities Franchise Tax
Unauthorized Substance Tax
Parking Fines
Paid Parking Fees
Interest earned
Powell BIN Interest
Credit Card Processing Fees
Town Hall —Copies
Parks & Recreation
Fines —Town Ordinance
Zoning Application Fees
Cell Tower Revenue
Sale of Surplus Equipment
Miscellaneous Fees
Donations
Powell Bill —Allocation from State
Appropriated Fund Balance
Appropriated Fund Balance —Powell
Total Estimated Revenues
$ 50.00
$ 225,000.00
$ 4,000.00
$ 600.00
$ 140,000,00
$ 800.00
$ 750.00
$ 2,000.00
$ 1,500.00
$ 50.00
$ 185,00
$ 25.00
$ 1,200.00
$ 800.00
$ 2,000,00
$ 250.00
$ 250.00
$ 2,000.00
$ 500.00
$ 22,700.00
$ 215,798,00
$ 16,050.00
$ 1,102,208.00
Tile following amounts are hereby appropriated in the Enterprise Fund for the
operation of the Town's Water/Sewer System for the flscal year beginning
July 01, 2019, and ending June 30, 2020 in accordance with the chart of accounts
heretofore established for this Town,
Water/Sewer $ 643,850.00

r: .
TOWN OF MARSHALL, NORTH CAROLINA
2019-20 BUDGET ORDINANCE
SECTION 4: It is estimated that the following revenue will be available in the Enterprise Fund
for the fiscal year beginningJuiy 01, 2019, and ending June 30, 2020:
Water/Sewer--Miscellaneous $ 5,000,00
Water/Sewer--Service Fees $ 620,000,00
Water/Sewer—Samples $ 2,000 00
Water/Sewer — Tap Fees $ 2,000.00
Water/sewer -- Rec-connect Fees $ 500.00
Water/Sewer Late Fees $ 12,500.00
Water/Sewer— Disconnect Fees $ 250.00
Water/Sewer — Bad Check Fees $ 100.00
Water/Sewer — Credit Card Fees $ 1,500,00
Total Estimated Revenues $ 643,850,00
SECTION 5: There is hereby levied a tax rate of .49 cents per one hundred dollar ($ 100.00)
Valuation of property listed as of January 01, 2019 for the purpose of raising
revenue €ncluded.in "2019 Ad Valorem Taxes" in the General Fund in Section 2 of
this ordinance, This rate Is based on as estimated total valuation of property for
the purpose of taxation of $ 88,201,538 and as estimated rate of collection of
96%.
SECTION 6: The Finance Officer or designee shall be authorized to transfer appropriations as
contained herein under the following conditions:
The Finance Officer or designee shall be authorized to transfer amounts between
line Items expenditures within a department without limitation and without a
report being required, These changes must not result in increases in recurring
obligations such as salaries.
SECTION 7: The Finance Officer or designee Is hereby restricted from transferring
appropriations as contained herein under the following conditions:
A: The utilization of any contingency appropriation shall be accomplished
only with Board authorization,
B. No salary increase may be made without Board approval.
C. No new positions/vacancies temporary full-time may be filled without
Board approval.
1

SECTION 8:
TOWN OF MARSHALL, NORTH CAROLINA
2019-20 BUDGET ORDINANCE
This ordinance shall be the basis of the financial plans of the Town of Marshall
during 2019-20 Fiscal Year. The Finance Officer or designee shall administer the
budget and shall insure that the operating officials are provided guidance and
sufficient detail to implement their appropriate portion of the budget. The
accounting section shall establish records which are in consonance with the
budget and this ordinance and the appropriate statues of the State of North
Carolina.
SECTION 9: Copies of the Budget Ordinance shall be furnished to the Clerk of the Board of
Alderman and to the Finance Officer or designee to be kept on file by them for
their direction In the disbursement of funds.
Adopted this 17th day ofJune 2019.
Ja < Waiiin, Mayor
Town of Marshall
Mille Jean ll nie, Finance Offic
Town of Marshall

Capital Improvements Plan

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Town of Marshall
Capital Improvements Plan
Ma v 2009
Town
20-Year Capital
Wastewater Coliecti
Cost Estimate
Protect Title:
of Marshall
Improvement Plan
on System Improvements
- April 2009
pump station, construction of a new pump
station will be constructed in the same location
Pump Station will accommodate 45to 50 gpm.
Replace Island Road Pump Station
Project Description: Demolition of the existing
station, and new force main. The pump
however raised above the flood plain.
Item
Description
Unit
Quantity
Unit Price
Total Cost
1
Mobilization (5%)
LS
NA
$ 10,763
$ 10,763
2
4" Direction Drill Force Main
LF
1,000
$ 60
$ 60,000
3
Complete Pump Station
LS
NA
$ 125,000
$ 125,000
4
Backup Generator
LS
NA
$ 15,000
$ 15,000
5
#57 Washed Stone
TON
100
$ 35
$ 3,500
6
Erosion Control
LS
NA
$ 1,000
$ 1,000
Construction Subtotal:
$ 215,263
Construction Contingency (10%):
$ 21,526
Construction Total:
$ 236,789
Design Engineering/Permitting (8%):
$ 18,943
Construction Administration/Inspection (5%):
$ 11,839
Total Project Cost:
$ 267,572
Recommended Project Budget:.,
$ 268,000
Page 25

Town of Marshall
Capital Improvements Plan
May 2009
Town
20-Year Capital
Wastewater Collection
Cost Estimate
Prol ect Title:
of Marshall
Improvement Plan
System Improvements
- April 2009
from Walnut Creek Road and Mashburn Hill Road
Walnut Creek Road Sewerline Replacement
Project Description: Replace sewer line
intersection to existing sewer at bypass.
Item
Description
Unit
Quantity
Unit Price
Total Cost
1
Mobilization (596)
LS
NA
$ 24,987
$ 24,987
2
8" SDR 35 PVC Sanitary Sewer
LF
3,800
$ 60
$ 228,000
3
8" DIP Sanitary Sewer
EA
1,000
$ 75
$ 75,000
4
4' Diameter Manholes
EA
22
$ 3,000
$ 66,000
5
Asphalt Repair (Open Cut)
LF
4,800
$ 20
$ 96,000
6
#57 Washed Stone
TON
250
$ 35
$ 8,750
7
Erosion Control
LS
NA
$ 1,000
$ 1,000
Construction Subtotal:
$ 499,737
Construction Contingency (1096):
$ 49,974
Construction Total:
$ 549,711
Design Engineering/Permitting (896):
$ 43,977
Construction Administration/Inspection (59):
$ 27,486
Total Project Cost:
$ 621,173
Recommended Protect Budget:
$ 622,000
Page 26

Town of Marshall
20-Year Capital Improvement Plan
Wastewater Collection System Improvements
Cost Estimate - April 2009
Town of Marshal[
Capital Improvements Plan
May 2009
ProlectTitle:
Hill Street Sewerline Replacement
Praiect Description: Replace sewer on Hill Street from Main Street to the intersection with
Skyway Drive.
Item
Description
Unit
Quantity
Unit Price
Total Cost
1
Mobilization (5%)
LS
NA
$ 21,316
$ 21,316
2
8" SDR 35 PVC Sanitary Sewer
LF
2,000
$ 60
$ 120,000
3
8" DIP Sanitary Sewer
EA
1,200
$ 75
$ 90,000
4
4' Diameter Manholes
LB
20
$ 3,000
$ 60,000
5
Asphalt Repair (Open Cut)
EA
3,200
$ 20
$ 64,000
6
#57 Washed Stone
TON
500
$ 35
$ 17,500
7
Rock Excavation
CY
1,000
$ 50
$ 50,000
8
Select BackfilI
TON
500
$ 5
$ 2,500
9
Erosion Control
LS
NA
$ 1,000
$ 1,000
Construction Subtotal:
$ 426,316
Construction Contingency (10%):
$ 42,632
Construction Total:
a
$ 468,947
Design Engineering/Permitting (8%):
$ 37,516
Construction Administration/Inspection (5%):
$ 23,447
Total Protect Cost:
$ 529,911
Recommended Project Budget:
$ 530,000
Page 27

Response Plan

Town of Marshall Wastewater Collection System Response Action Plan
• in case of an alarm event or pump failure event call: James Chandler @ 828 206 1674
• The minimum response time by emergency repair personnel is 30 minutes.
• Spare pumps and spare pump parts for all pump stations are stored in the Town Maintenance
Building on Main Street
• Sewer cleaning equipment is stored at the Marshall WWTP
• Pump Lifting Equipment is stored at the Marshall VVWTP
• An Emergency Service Utility Truck with repair tools is stored at the Marshall Town Hall
• Spill and site cleanup materials and tools are stored in the Town Maintenance Building on Main
Street
• Sanitary Spill Reports and instructions are located in the Utilities Department office at the
Marshall Town Hall.
Response Action Plan

Contingency Plan

Town of Marshall Wastewater Pumping Station Contingency Plan
The Town of Marshall's Wastewater Collection System Contingency Plan for pump failure at the 4
wastewater pumping station is as follows:
1. Spare pumps are provided for each pump station
2. Spare pump parts are available for each pump station
3. Spare Electrical control parts are available for each pump station
4. Emergency maintenance vehicles contacting tools and safety equipment are available for
emergency pump repair
5. A backhoe is provided to remove pumps from wet wells
E A staff of 4 maintenance workers are on calf for emergency pump repair
7. A local septic tank service company is on call for emergency pump & haul services
8. Metropolitan Sewer District is a very large wastewater commission and is located just a few miles
from Marshall. MSD has in the past been in agreement to provide sewer vac trucks and cleaning
equipment to the Town upon request.

Resolution for a Mutual Aid and Assistance Agreement
For Water and Wastewater Utilities
Whereas, The Town of Marshall is an municipality located within the State of
North Carolina, and
Whereas, The Town of Marshall operates a municipal sewer system as allowed for
by State and Federal law.
Now Therefore, the Marshall Board of Aldermen adopts this resolution as their
own and sets forth their intent to participate in an Intrastate Program for Mutual
Aid and Assistance. This agreement is authorized under Section 160A-318 of the
North Carolina General Statutes which provides that public and private Water and
Wastewater Utilities may contact with each other to provide mutual aid and
assistance in restoring water and sewer in the event of natural disaster or other
emergencies.
Approved this the 215` day of March 2013.
JI�C.YJt.��r�U
Michelle Massey, Deputy To Clerk
awwence Pond
I /

North Carolina Water and Wastewater Agency Response Network
Mutual Aid and Assistance Agreement
For Water and Wastewater Utilities
This Agreement is made and entered into by public and private Water and Wastewater Utilities
in North Carolina that have, by executing this Agreement, manifested their intent to participate
in an intrastate Program for Mutual Aid and Assistance,
This Agreement is authorized under Section 160A-318 of the North Carolina General Statutes
which provides that public and private Water and Wastewater Utilities may contract with each
other to provide mutual aid and assistance in restoring water and sewer in the event of natural
disasters or other emergencies.
ARTICLE I.
PURPOSE
Recognizing that emergencies may require assistance in the form of personnel, equipment,
materials, and supplies from outside the area of impact, the signatory utilities established an
Intrastate Program for Mutual Aid and Assistance. Through the Mutual Aid and Assistance
Program, Members coordinate response activities and share resources during emergencies
whether localized to the utilities or a declared disaster. This Agreement sets forth the
procedures and standards for the administration of the Intrastate Mutual Aid and Assistance
Program.
ARTICLE II.
DEFINITIONS
A. Authorized Ofhciai-- An employee or officer of a Member that is authorized by the Member's
governing board or management to:
• request assistance:
• offer assistance;
• Refuse to offer assistance or;
• Withdraw assistance under this Agreement,
B. Disaster — An emergency event that reaches a specific financial threshold related to
magnitude of loss and property damage.
C. Confidential information — Information defined NCGS 132-1.2 as confidential information or
NCGS 132-1,7 as sensitive public security information.
D. Emergency-- An unanticipated and/or sudden natural or manmade event that requires
immediate action and is, or is likely to be, beyond the control of the services, personnel,
equipment, and facilities of a Mutual Aid and Assistance Program Member.
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E. Incident Command System (ICS) - A standardized on -scene emergency management
system designed for use for all kinds of emergencies and is applicable to small as well as large
and complex incidents. ICS is the combination of facilities, equipment, personnel
procedures, and communications operating within a common organization structure, designed
to aid in the management of resources during incidents.
F. Indemnity - Security against hurl, loss, or damage. An exemption from incurred penalties or
liabilities.'
G. tndemintee - A party to this Agreement that is entitled to be indemnified by another party to
this Agreement pursuant to the terms of Article X.
H. Indemnitor - A part to this Agreement that is obligated to indemnify another party to this
Agreement pursuant to the terms of Article X.
I. Large water and or wastewater utility— A utility that is represented with a population in
excess of 10,000.
J. Member— Any public or private Water or Wastewater Utility that manifests intent to
participate in the Mutual Aid and Assistance Program by executing this Agreement.
K. Mutual Aid and Assistance Agreement - A formal agreement among emergency responders
to lend assistance across jurisdictional boundaries when required; either by an emergency that
exceeds local resources or a disaster
L. National Incident Management System (NIMS)-- A national, standardized approach to
incident management and response that sets uniform processes and procedures for emergency
response operations.
M. The North Carolina Water and Wastewater Agency Response Network (NCWaterWARN) -
A network of public and private water and wastewater utilities united under an agreement to
provide and receive mutual aid and assistance to signatories to the agreement during
emergencies ranging from those that may arise from declared disasters or are specific to a
single utility.
N. Period of Assistance— A specified period of time when a Provider assists a Recipient. The
period commences when personnel, equipment, materials, or supplies depart from a Provider's
facility and ends when the resources return to their facility (portal to portal). All protections
identified in the agreement apply during this period. The specified Period of Assistance may
occur during response to or recovery from an emergency, as previously defined.
O. Provider— A Member that responds to a request for assistance under the Mutual Aid and
Assistance Program.
P. Recipient— A Member who requests assistance under the Mutual Aid and Assistance
Program.
Miriam -Webster. Retrieved August 22, 2007, from Miriam-Webster.com website: httpalwww,m-w.com/
2

Q. Small water and or wastewater Utility— A utility is represented with a population less than
10,000.
R. Private Water Utility-- An entity that is not a unit of government that owns or operates a
water and/or wastewater utility, whether on a for -profit or not -for -profit basis.
S. Public Utility— A unit of government that owns or operates a water and/ or wastewater utility.
ARTICLE IIL
ADMINISTRATION
The Mutual Aid and Assistance Program shall be administered through the North Carolina
Water and Wastewater Agency Response Network (NCWaterWARN) Committee. The purpose
of the NC WARN Committee is to provide coordination of the Mutual Aid and Assistance
Program before, during, and after an emergency. The NCWaterWARN Committee, under the
leadership of an elected Chairperson, shall meet quarterly as deemed necessary by the Chair to
address Mutual Aid and Assistance Program issues.
The administration of NCWaterWARN will be through the NCWaterWARN Committee. The
committee shall consist of a chair and vice chair, an eastern regional section, a western regional
section, and (3) At -Large members. The NC WARN Committee shall consist of an eastern
regional section with three (3) seats representing large and small public water and wastewater
utilities and private water systems. The western regional section shall consistent of three (3)
seats representing large and small public water and wastewater utilities and private water
systems. Also, there shall be three (3) At -Large seats for additional representatives from either
large and small public water and wastewater utilities or private water systems.
NC WARN regional sections include the following counties divided into an eastern regional
section and a western regional section. The regional sections are divided along the central
division regions of NC Department of Environment and Natural Resources (NCDENR). A map
of the regional sections is included in Appendix A of this agreement.
Eastem Regional Section— Montgomery, Anson, Moore, Richmond, Person, Orange, Chatham,
Lee, Hoke, Scotland, Granville, Durham, Wake, Harnett, Cumberland, Robeson, Vance,
Warren, Franklin, Johnston, Sampson, Bladen, Columbus, Northampton, Halifax, Nash, Wilson,
Wayne, Duplin, Pender, New Hanover, Brunswick, Edgecombe, Greene, Lenoir, Gates,
Hertford, Bertie, Martin, Pitt, Craven, Jones, Onslow, Beaufort, Pamlico, Carteret, Hyde, Dare,
Washington, Tyrrell, Chowan, Perquimans, Pasquotank, Camden, and Currituck.
Western Regional Section— Cherokee. Graham, Swain, Clay, Macon, Jackson, Haywood,
Transylvania, Madison, Buncombe, Henderson, Mitchell, Yancey, McDowell, Rutherford, Polk
Avery, Burke, Watauga, Caldwell, Cleveland, Ashe, Allegheny, Wickes, Alexander, Catawba,
Lincoln, Gaston, Surry, Yadkin, iredell, Mecklenburg, Stokes, Forsyth, Davie, Davidson, Rowan,
Cabarrus, Stanley, Union, Rockingham, Guilford, Randolph, Caswell, and Alamance.
Representatives from large and small public water and wastewater utilities and private utilities
shall be elected at the NC WARN Annual Meeting. Election and voting procedures will be
described in the NC WARN Operational Procedures.
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Under the leadership of the NCWaterWARN Committee Chair, NCWaterWARN Committee
Members shall plan and coordinate emergency preparedness and response activities for the
Mutual Aid and Assistance Program. The NCWaterWARN Committee Chair (or his/her
designee) shall maintain a master list of all members of the Mutual Aid and Assistance Program.
The NCWaterWARN Committee shall elect a Chair and a Vice Chair. The first Chair and Vice
Chair will serve a two (2) year term and subsequent Chairs and Vice Chairs will serve ane (1)
year thereafter.
The NCWaterWARN Committee shall:
A. Convene an annual meeting for members.
B. Provide for the development and maintenance of a database of all participating
utilities through one of the members, sponsor agencies, or participating agencies or
associations.
C. Meet as a NCWaterWARN Committee at least quarterly, as needed and at the
discretion of the Chair, to address and resolve concerns, create and modify
procedures and any additional policy or legal issues related to NCWaterWARN.
D. Provide for the development and maintenance of a secure website.
E. Include an advisory board in its meetings to provide input based on the expertise of
their agency.
The additional responsibilities of the Chair are described throughout the agreement. Those
duties will be highlighted in the agreement for review by the NCWaterWARN Committee and the
Sponsors. Those duties will be listed together in the protocols.
The NCWaterWARN shall have an advisory board that consists of representatives from partner
agencies and stakeholders. Representatives to the advisory board from the respective
agencies shall be named by those agencies. The advisory board is not a voting member
NCWaterWARN Advisory Board may include at least one representative from the following
agencies:
• North Carolina Department of Environment and Natural Resources Public Water
Supply Section
• North Carolina Department of Environment and Natural Resources Division of Water
Quality
• North Carolina Section of the American Water Works Association and Water
Environment Association
• North Carolina Rural Water Association
• North Carolina Waterworks Operators Association
• North Carolina Emergency Management
• North Carolina League of Municipalities
• Eastern Water and Wastewater Network
• Environmental Protection Agency Region iV
• Department of Homeland Security Protective Security Advisor
Other agencies may be invited to join or have representation on the advisory board at the
discretion of the NCWaterWARN Committee.
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ARTICLE IV.
PROCEDURES
In coordination with other response partner agencies, the NCWaterWARN Committee shall
develop operational and planning procedures for the Mutual Aid and Assistance Program.
These procedures shall be reviewed at least annually and updated as necessary.
ARTICLE V.
PRE -EVENT PLANNING
Members shall identify resources available for deployment and develop plans for housing and
providing for the necessities and maintenance of personnel and equipment deployed to provide
mutual aid and assistance when a request for assistance is made by the member.
In addition, Members shall provide training to their response personnel related to:
• NIMS compliance
• Mutual aid response protocols
• Required documentation for providing mutual aid and assistance and for receiving
mutual aid and assistance
ARTICLE VI.
REQUESTS FOR ASSISTANCE
Member Responsibility: Members shall identify an Authorized Official and alternates, provide
contact information including 24-hour access, and maintain resource information made available
by the utility for mutual aid and assistance response.
In the event of an Emergency, a Member's Authorized Official may request mutual aid and
assistance from a participating Member. Requests for assistance can be made orally or in
writing. When made orally, the request for personnel, equipment, materials, and supplies shall
be prepared in writing as soon as practicable, Requests for assistance shall be directed to the
Authorized Official of the participating Member. The Chair will be notified of all activations of the
agreement. Specific protocols for requesting aid shall be provided in the required procedures
(Article IV).
Response to a Request for Assistance: After a Member receives a request for assistance, the
Authorized Official evaluates whether resources are available to respond to the request for
assistance. Following the evaluation, the Authorized Representative shall inform, as soon as
possible, the Recipient whether it has the resources to respond. If the Member is willing and
able to provide assistance, the Member shall inform the Recipient about the type of available
resources and the approximate arrival time of such assistance.
Discretion of Provider's Authorized Official: Execution of this Agreement does not create any
duty to respond to a request for assistance. When a Member receives a request for assistance,
the Authorized Official shall have absolute discretion as to the willingness to respond and/or
availability of resources. An Authorized Member's decisions on the availability of resources
shall be final.
5

ARTICLE VII.
PROVIDER PERSONNEL
National Incident Management System: When providing assistance under this Agreement, the
Requesting Utility and Responding Utility shall be organized and shall function under the
National Incident Management System if State or Federal preparedness funding is desired,
Control: Provider personnel shall remain under the direction and control of the Provider, The
Recipient's Authorized Official shall coordinate response activities with the designated
supervisor(s) of the Provider(s). Whenever practical, Provider personnel must be self sufficient
for up to 72 hours.
Food and Shelter: The Recipient shall supply reasonable food and shelter for Provider
personnel. If the Recipient is unable to or fails to provide food and shelter for Responding
personnel, the Providers designated supervisor is authorized to secure the resources
necessary to meet the needs of its personnel. The cost for such resources should not exceed
the State per diem rates for that area without further justification of good faith efforts to secure
accommodations within the per diem. The Recipient remains responsible for reimbursing the
Provider for all costs associated with providing food and shelter, if such resources are not
provided.
Communication: The Recipient shall provide Provider personnel with radio equipment as
available, or radio frequency information to program existing radio, in order to facilitate
communications with local responders and utility personnel.
Status: Unless otherwise provided by law, the Provider's officers and employees retain the
same privileges. immunities, rights, duties, and benefits as provided in their respective
jurisdictions.
Licenses and Permits: To the extent permitted by law, Provider personnel who hold licenses,
certificates, or permits evidencing professional, mechanical, or other skills shall be allowed to
carry out activities and tasks relevant and related to their respective credentials during the
specified Period of Assistance. Members should comply with NIMS credentialing where
applicable.
Right to Withdraw: The Provider's Authorized Official retains the right to withdraw some or all of
its resources at any time. Notice of intention to withdraw must be communicated to the
Recipient's Authorized Official as soon as possible.
ARTICLE VIII.
COST REIMBURSEMENT
Unless otherwise mutually agreed in whole or in part, the Recipient shall reimburse the Provider
for each of the following categories of costs incurred while providing aid and assistance during
the specified Period of Assistance. Such cost may include damage or Toss to equipment.
Personnel: Provider personnel are to be paid for assigned duty during a specified Period of
Assistance (refer to definition of period of assistance in Article II) according to the terms
provided in their employment contracts or other conditions of employment. Either Member may
require Provider's personnel to observe a rest period prior to travel back to the Provider's base
6

of operations to ensure safety of personnel. The Provider designated supervisor(s) must keep
accurate records of work performed by personnel during the specified Period of Assistance.
Recipient reimbursement to the Provider must consider ail personnel costs, including salaries or
hourly wages, costs for fringe benefits, and indirect costs.
Equipment: The Recipient shall reimburse the Provider for the use of equipment during a
specified Period of Assistance, including but not limited to, reasonable rental rates, all fuel,
lubrication, maintenance, transportation, and loading/unloading of loaned equipment. All
equipment shall be returned to the Provider in similar condition to its condition at the time of the
request for mutual aid and assistance. As a minimum, rates for equipment use must be based
on the Federal Emergency Management Agency's (FEMA) Schedule of Equipment Rates. If a
Provider uses rates different from those in the FEMA Schedule of Equipment Rates, the
Provider must provide such rates in writing to the Recipient prior to supplying resources. Mutual
agreement an rates other than FEMA Schedule of Equipment Rates must be reached in writing
prior to dispatch of the equipment. Reimbursement for equipment not referenced on the FEMA
Schedule of Equipment Rates must be developed based on actual recovery of costs. If Provider
must lease a piece of equipment while its equipment is being repaired, Recipient shaft
reimburse Provider for such rental costs.
Materials and Supplies: The Recipient must reimburse the Provider in kind or at actual
replacement cost, plus handling charges, for use of expendable or non -returnable supplies. The
Provider must not charge direct fees or rental charges to the Recipient for other supplies and
reusable items that are returned to the Provider in a clean, damage -free condition. Reusable
supplies that are returned to the Provider with damage must be treated as expendable supplies
for purposes of cost reimbursement.
Payment Period; The Provider must provide an itemized bill to the Recipient for all expenses it
incurred as a result of providing assistance under this Agreement. The Provider must send the
itemized bill to the authorized official not later than ninety (90) days following the end of the
Period of Assistance. The Recipient must pay the bill in full on or before the one hundred
eightieth (180th) day following the billing date. Unpaid bills become delinquent upon the one
hundred eighty-first (181st) day following the billing date, and, once delinquent, the bill accrues
interest at the rate of prime, as reported by the Wall Street Journal, plus two percent (2%) per
annum.
Records — Each Provider and their duty authorized representatives shall have access to a
Recipient's books, documents, notes, reports, papers, and records which are directly pertinent
to this Agreement for the purposes of reviewing the accuracy of a cost bill or making a financial,
maintenance, or regulatory audit. Each Recipient and their duty authorized representatives
shall have access to a Provider's books, documents, notes, reports, papers, and records which
are directly pertinent to this Agreement for the purposes of reviewing the accuracy of a cost bill
or making a financial, maintenance, or regulatory audit. Such records shall be maintained and
made accessible for at least three (3) years or longer where required by law.
7

ARTICLE IX.
DISPUTES
Any claim arising out of or relating to this agreement shall be subject to mediation as a condition
precedent to the institution of legal or equitable proceedings by any Member. The parties shall
share the mediator's fee and any filing fees equally. Mediation shall be held in the County of the
Providing Member if a place has not been mutually agreed upon. Agreements reached in
mediation shall be enforceable as settlement agreements in any court of competent jurisdiction.
Claims not resolved by mediation shall be decided by a court of competent jurisdiction unless
the parties mutually agree otherwise.
ARTICLE X.
LIABILITY
Each Member shall be responsible for any and all claims, demand, suits, actions, damages and
causes of action related to or arising out of or in any way connected with its own actions, and
the actions of its personnel, in providing mutual aid and assistance rendered or performed
pursuant to the terms and conditions of this Agreement.
ARTICLE XL
INDEMNIFICATION
In the event of a liability, claim, demand, action, or proceeding of whatever kind or nature arises
out of a specified Period of Assistance, the Members who receive and provide assistance during
said Period of Assistance shall indemnify and hold harmless those other Members,
NCWaterWARN Committee and Sponsor Agencies, but had no involvement with the transaction
or occurrence that is the subject of the aforementioned claim, action, demand, or other
proceeding of whatever kind or nature is limited to execution of this Agreement.
ARTICLE XII.
WORKERS' COMPENSATION CLAIMS
Recipient shall not be responsible for reimbursing any amounts paid or due as benefits to
Provider's employees under the terms of the North Carolina Workers' Compensation Act,
Chapter 97 of the General Statues, due to personal injury or death occurring during the period
of time such employees are engaged in the rendering of aid and assistance under this
Agreement. It is mutually understood that Recipient and Provider shall be responsible for
payment of such workers' compensation benefits only to their own respective employees.
Further, it is mutually understood that Provider will be entirely responsible for the payment of
workers' compensation benefits to its awn respective employees pursuant to G.S. 97-51.
8

ARTICLE XIII.
NOTICE
A Member who becomes aware of a claim or suit that in any way, directly
contingently or otherwise, affects or might affect other Members of this Agreement
prompt and timely notice to the Members who may be affected by the suit or
Member reserves the right to participate in the defense of such claims or suits as
protect its own interests.
or indirectly,
shall provide
claim. Each
necessary to
ARTICLE XIV.
CONFIDENTIAL INFORMATION
Pursuant to NCGS 132-1.7, any Member shall maintain in the strictest confidence and shall take
all reasonable steps necessary to prevent the disclosure of any confidential information shared
between Members under this Agreement. If any Member, third party, or other entity requests or
demands, by subpoena or otherwise, that a Member disclose any confidential information
disclosed under this Agreement, the Member shall immediately notify the owner of the
confidential information and shall take all reasonable steps necessary to prevent the disclosure
of any confidential information by asserting all applicable rights and privileges with respect to
such information and shall cooperate fully in any judicial or administrative proceeding relating
thereto.
ARTICLE XV.
EFFECTIVE DATE
This Agreement shall be effective after the Water and/or Wastewater Utility's authorized
representative executes the Agreement. An executed copy will be provided to the
NCWaterWARN Committee Chair as soon as possible.
ARTICLE XVI.
WITHDRAWAL
A Member may withdraw from this Agreement by providing written notice of its intent to
withdraw to NCWaterWARN Committee Chair. Withdrawal takes effect sixty (60 days after the
NCWaterWARN Committee Chair receives notice.
Membership may be suspended or revoked by the NCWaterWARN Committee for failure to
comply with the Articles of this Agreement.
9

ARTICLE XVII.
MODIFICATION
Modifications to this Agreement may be made to incorporate programmatic operational changes
to support the Agreement. Modifications require a two-thirds majority vote of Members. The
NCWaterWARN Committee Chair must provide written notice to all Members of proposed
modifications to this Agreement sixty (60) days in advance of the vote. The NCWaterWARN
Committee Chair must provide written notice to all members of approved modifications to this
Agreement. Approved modifications take effect sixty (60) days after the date upon which notice
of the approved modifications are sent to the Members.
No provision of this Agreement may be modified, altered, or rescinded by individual parties to
the Agreement.
ARTICLE XVIII.
SEVERABILITY
The Members agree that if any term or provision of this Agreement is declared by a court of
competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms
and provisions shall not be affected, and the rights and obligations of the parties shall be
construed and enforced as if the Agreement did not contain the particular term or provision held
to be invalid.
ARTICLE XIX
PRIOR AGREEMENTS
This Agreement supersedes all prior Agreements between Members to the extent that such
prior Agreements are inconsistent with this Agreement.
ARTICLE XX.
MULTIPLE AGREEMENTS
When multiple mutual aid and assistance agreements exist between two Members, if
Inconsistencies exist between the agreements, the conditions of this Agreement take
precedence except by mutual written acceptance of an alternate agreement of both Members
for that speck event.
ARTICLE XXI.
PROHIBITION ON THIRD PARTIES AND ASSIGNMENT OF RIGHTS/DUTIES
This Agreement is for the sole benefit of the Members and no person or entity must have any
rights under this Agreement as a third -party beneficiary. Assignments of benefits and
delegations of duties created by this Agreement are prohibited and must be without effect.
10

ARTICLE XXII.
INTRASTATE AND INTERSTATE MUTUAL AID AND ASSISTANCE PROGRAMS
To the extent practicable, Members of this Agreement shall participate in Mutual Aid and
Assistance activities conducted under the North Carolina Statewide Mutual Aid and Assistance
Agreement and the Interstate Emergency Management Assistance Compact (EMAC). Members
may voluntarily agree to participate in an interstate Mutual Aid and Assistance Program for
water and wastewater utilities through this Agreement if such a Program were established.
Now, therefore, in consideration of the covenants and obligations set forth in this Agreement,
the Water and Wastewater Utility listed here manifests its intent to be a Member of the Intrastate
Mutual Aid and Assistance Program for Water and Wastewater Utilities by executing this
Agreement on this day of year of
Legal Name of Water/Wastewater Utility:
Authorized Representative
Title
Please Print Name
11

APPENDIX A.
NCWkerWARNREGIONAL MAP
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12

Comprehensive Collection System Map