§ 37-147. Wastewater and water facilities; minimum requirements.

In addition to the other requirements of these rules, the board of county commissioners may only issue a utility facility permit for water treatment facilities, wastewater treatment facilities or effluent disposal facilities if the applicant complies with the following:

(1)

The proposed facility complies with applicable goals, objectives, and policies contained in the county comprehensive policy plan, as amended, and all or any portion of the county water system capital improvements program and the county wastewater system capital improvements program.

(2)

The applicant has received a special exception for such facilities pursuant to section 38-1407 (pertaining to public and private utilities).

(3)

Reserved.

(4)

The applicant has prepared plans and specifications in accordance with design criteria and guidelines adopted by board of county commissioners resolution from time to time.

(5)

The applicant has executed a utilities agreement with the board of county commissioners providing the following:

a.

The applicant's responsibility to construct the water or wastewater facilities in accordance with county-approved design criteria and plans and specifications.

b.

The applicant's responsibility to operate the water or wastewater facilities in accordance with applicable local, regional, state and federal rules, regulations, laws, permits and approvals.

c.

The applicant's responsibility to dedicate an easement of such width as is determined by the director to be necessary to construct a sewer line sufficient to carry the sewage of the design capacity of the wastewater treatment facilities or a water main sufficient to conduct the maximum hourly design flow required by the applicant's improvements from the approved location of such facilities or improvements to a point on the improved public road nearest to the applicant's property at the time of such approval.

d.

The applicant's responsibility to connect, at its sole expense, all its improvements to the nearest off-site county wastewater or water transmission line, as appropriate, with adequate transmission capacity for all such improvements.

e.

The applicant's responsibility to connect all its improvements to a regional, subregional, or areawide water or wastewater treatment plant, as appropriate, and to pay all applicable sewer capital charges for the wastewater service capacity or water connection fees for water service capacity, as appropriate, necessary to serve such improvements in accordance with board of county commissioners rate resolutions and ordinances and other applicable federal, state and county laws, rules, regulations, resolutions, ordinances, permits and requirements.

f.

The applicant's responsibility to provide operation and maintenance bonds and performance and replacement bonds in such reasonable amounts as may be determined by the board of county commissioners.

(6)

The board of county commissioners may, in its discretion, accept responsibility to operate and maintain all wastewater treatment facilities. The board of county commissioners may require the applicant to pay any operation or maintenance deficit incurred by the board of county commissioners in operating and maintaining any such wastewater treatment or associated effluent disposal facilities.

(Code 1965, § 28-227; Ord. No. 83-40, § 7, 10-31-83; Ord. No. 85-19, § 5, 6-24-85; Ord. No. 91-29, § 2(Exh. A), 12-10-91; Ord. No. 2013-09 , § 2, 4-9-13)