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AG 1998 06 15
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AG 1998 06 15
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3/25/2002 6:06:43 PM
Creation date
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
6/15/1998
Board
Board of Commissioners
Meeting Type
Regular
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that such approval can be granted only if WSACC can accept and treat the volume of sewage <br />projected to be delivered through such lines. WSACC will adopt a policy in compliance with <br />DEHNR requirements as to accepting such sewage for treatment and provide a response to a <br />Political Subdivision requesting WSACC to treat such sewage within thirty (30) days from the <br />receipt of complete information from such Political Subdivision. All such requests, whether <br />relating to public or private construction, must be submitted by or be accompanied by a <br />statement of concurrence from the Political Subdivision in which the proposed construction is <br />located. WSACC will not accept sewage for treatment from any proposed sewer line unless the <br />Sewer Facilities have sufficient capacity to treat such sewage. <br /> <br /> Except as provided below, WSACC may enter into additional agreements to treat sewage <br />as WSACC determines to be necessary or appropriate. Persons receiving service pursuant to <br />such agreements will be billed for such service on an equitable basis as WSACC may deter'mine, <br />taking into account all users, and on the same basis as similar users, to the extent practicable. <br /> <br /> WSACC will notify each Political Subdivision in writing of its intention to e, nter into an <br />additional agreement to treat sewage at least forty-five (45) days in advance of the proposed date <br />for entering into such agreement if such sewage is to be accepted at a point or points of&livery <br />on the Sewer Facilities within the boundaries of Cabarrus County. If a Political Subdivision <br />notifies WSACC in writing within thirty (30) days from the date that such notice was given that <br />it intends in good faith to collect the related sewage through its sewer system, then WSACC will <br />not enter into such agreement unless subsequently [t becomes clear that such Political <br />Subdivision has been unable to provide for the collection of the related sewage. <br /> <br /> Subject to the provisions of the Bond Order, WSACC shall seek to operate and maintain <br />such sewage disposal facilities as may be required under applicable law to meet the reasonable <br />needs of each Political Subdivision or other person with whom it has agreed to treat sewage. <br />WSACC will not impede the residential, commercial or industrial growth or development of any <br />Political Subdivision by arbitrary or capricious discrimination against it in any expansion of its <br />server system and, in the event that making sewage disposal facilities available to treat sewage <br />from an area proposed to be annexed by a Political Subdivision is required by law as a condition <br />to such annexation, WSACC will use its best efforts in good faith to provide such facilities or to <br />assist such Political Subdivision to provide such facilities. In connection therewith, WSACC <br />may agree to be responsible for such portion of the design, acquisition or construction of such <br />facilities or other related work, the related costs, any related financing and such other matters as <br />WSACC may determine to be appropriate. WSACC, however, reserves the right to limit the <br />quantity of sewage accepted by [t from any Political Subdivision or other person if such sewage, <br />together with all other sewage accepted by WSACC, would, in the sole determination of <br />WSACC, unreasonably burden the efficient operation of the Sewer Facilities. <br /> <br /> WSACC will repair, replace, expand and improve the Sewer Facilities in accordance with <br />its capital improvement program. WSACC will notify the Political Subdivisions. in writing and, <br />upon request, confer with representatives of the governing bodies of the Political Subdivisions <br />before commencing with the design of or any other work relating to any expansion or <br />improvement of the Sewer Facilities, except for their routine maintenance, including repair and <br />replacement. <br /> <br /> <br />
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