AG 1998 08 17 - Laserfiche WebLink

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that such approval can be granted only if WSACC can accept and treat the volume of sewage projected to be delivered through such lines. WSACC will adopt a policy in compliance with DEHNR requirements as to accepting such sewage for treatment and provide a response to a Political Subdivision requesting WSACC to treat such sewage within thirty (30)'days from the receipt of complete information from such Political Subdivision. All such requests, whether relating to public or private construction, must be submitted by or be accompanied by a statement of concurrence from the Political Subdivision in which the proposed construction is located. WSACC will not accept sewage for treatment from any proposed sewer line unless the Sewer Facilities have sufficient capacity to treat such sewage. Except as provided below, WSACC may enter into additional agreements to treat sewage as WSACC determines to be necessary or appropriate. Persons receiving service pursuant to such agreements will be billed for such service on an equitable basis as WSACC may determine, taking into account all users, and on the same basis as similar users, to the extent Practicable. WSACC will notify each Political Subdivision in writing of its intention to enter into an additional agreement to treat sewage at least forty-five (45) days in advance of the proposed date for entering into such agreement if such sewage is to be accepted at a point or points of delivery on the Sewer Facilities within the boundaries of Cabarrus County. If a Political Subdivision notifies WSACC in writing within thirty (30) days from the date that such notice was given that it intends in good faith to collect the related sewage through its sewer system, then WSACC will not enter into such agreement unless subsequently it becomes clear that such Political Subdivision has been unable to provide for the collection of the related sewage. Subject to the provisions of the Bond Order, WSACC shall seek to operate and maintain such sewage disposal facilities as may be required under applicable law to meet the reasonable needs of each Political Subdivision or other person with whom it has agreed to treat sewage. WSACC will not impede the residential, commercial or industrial growth or development of any Political Subdivision by arbitrary or capricious discrimination against it in any expansion of its sewer system and, in the event that making sewage disposal facilities available to treat sewage from an area proposed to be annexed by a Political Subdivision is required by law as a condition to such annexation, WSACC will use its best efforts in good faith to provide such facilities or to assist such Political Subdivision to provide such facilities. In connection therewith, WSACC may agree to be responsible for such portion of the design, acquisition or construction of such facilities or other related work, the related costs, any related financing and such other matters as WSACC may determine to be appropriate. WSACC, however, reserves the right to limit the quantity of sewage accepted by it from any Political Subdivision or other person if such sewage, together with all other sewage accepted by WSACC, would, in the sole determination of WSACC, unreasonably burden the efficient operation of the Sewer Facilities. WSACC will repair, replace, expand and improve the Sewer Facilities in accordance with its capital improvement program. WSACC will notify the Political Subdivisions in writing and, upon request, confer with representatives of the governing bodies of the Political Subdivisions before commencing with the design of or any other work relating to any expansion or improvement of the Sewer Facilities, except for their routine maintenance, including repair and replacement. 4