Chapter 93 - Water

Pursuant to the Regional Water Agreement, Henderson County is required to adopt water policies in substantial conformance with the "Asheville/Buncombe [/Henderson] Water Policies, adopted May 17, 1983, as amended, hereinafter referred to as the "Authority Policies." The Regional Water Agreement also contains other requirements for the water policies adopted by Henderson County. This Part 2 is therefore intended to be a combination of the requisite portions of the Authority Policies and the Regional Water Agreement. Portions of the Regional Water Agreement and the Authority Policies will therefore be incorporated by reference into this Part 2, and shall have the full force and effect of this Part 2. To the extent that this Part 2 conflicts with provisions of the Authority Policies, this Part 2 shall be deemed to control. Provisions of the Authority Policies which have been omitted have been omitted with the intention that such omissions are specific contradictions of the Authority Policies. Amendments or additions to the Authority Policies duly adopted by the Authority after the effective date of this Part 2 will be considered on a case-by-case basis by the Board of Commissioners for inclusion in this Part 2. To the extent that this Part 2 conflicts with the Regional Water Agreement, the Regional Water Agreement shall be deemed to control.

This Part 2 shall govern any and all water extensions, water connections, and water allocations granted to any customer in the Service Area being served by the water system and/or the water system owned by the city and maintained and operated by the Authority, including but not limited to those granted pursuant to the Regional Water Agreement, and including but not limited to all regional water lines, all as defined herein below.

The following terms shall be deemed to have the same meaning as stated in the Authority Policies, which definitions are hereby incorporated by reference as if fully set forth herein. A summarized version of these definitions is listed below for ease of reference. To the extent that the summaries conflict with or omit language from the definitions as contained in the referenced provisions of the Authority Policies, the Authority Policies shall control.

1. Authority -The Regional Water Authority of Asheville, Buncombe and Henderson, (Paragraph I (B)(2))
2. City -The City of Asheville, (Paragraph I (B)(4))
3. Consumer- The actual user of water service, whether or not the Customer, (Paragraph I (B)(6))
4. Customer - The owner of the licensed premises or other person responsible for the paying of the water bills for water service at the licensed premises, (Paragraph I (B)(8))
5. Developer -The owner of a development or his duly authorized agent, (Paragraph I (B)(9))
6. Development - A parcel of land, including any single-family subdivision that is being developed to the extent that water service is desirable to realize its full potential, (Paragraph I (B)(10) )
7. GPD - Gallons per day, (Paragraph I (B)(15) )
8. GPM- Gallons per minute, (Paragraph I (B)(16))
9. Mobile Home - A portable manufactured housing unit designed for transportation on its own chassis and placement on a temporary or semi permanent foundation, (Paragraph I (B)(18))
10. Mobile Home Park - Any premises where mobile homes are parked for living and sleeping purposes, or supplying to the public parking space for mobile homes for living and sleeping purposes, and which includes any buildings, structures, vehicles or enclosure used or intended for use as part of such mobile home park, (Paragraph I(B)(19))
11. Service Line - The pipeline extending from any main to the meter and meter box where located at or near the property line; provided, however, if the meter and meter box are located on private property more than 5 feet inside the property line, the service line shall end at the property line , (Paragraph I (B)(22)).

This Part 2 may be altered, amended or added to from time to time by a majority vote of the County Board
of Commissioners acting in formal session. Such alterations, amendments or additions when effective, shall
have the same force and effect as this Part 2. Nothing herein shall be deemed to amend, supersede, or
nullify any requirements for approval of such alterations, amendments, or additions, contained in the
Regional Water Agreement.

Under special circumstances on a case-by-case basis, the Authority and/or the County may deviate from the
terms of this Part 2 for undue hardship by motion duly passed acting in formal session. For those variances
affecting the water system, approval by the County Board of Commissioners shall be required. For those
variances affecting the water system owned by the city and maintained and operated by the Authority,
approval by the Authority shall be required in accordance with the Authority Policies. Variances affecting
both the water system and the water system owned by the city and maintained and operated by the
Authority shall require the approval of both the County Board of Commissioners and the Authority. In
every case, application for a variance shall be submitted to the Utilities Director, who shall seek comments
from the Authority Director and shall then present the application to the County Board of Commissioners.
(If comments are not received from the Authority Director within a reasonable time, the Utilities Director
may submit such application to the County Board of Commissioners without such comments.) The County
Board of Commissioners shall determine whether such a variance should be granted (if affecting the water
system) and/or submitted to the Authority for approval (if affecting the water system owned by the city and
maintained and operated by the Authority).

Titles used in this Part 2 are for convenience only and shall not be considered in interpreting their meaning
or scope.

The Authority, the County, the city and/or the Districts shall not be liable for any losses, injuries or
damages related in any way to the water system and/or the water system owned by the city and maintained
and operated by the Authority or the maintenance or operation of either except for its affirmative
negligence and then only to the extent of its insurance coverage or the extent set forth below.

The Utilities Director shall maintain a file containing the name of each claimant, the amount of the claim and a summary of the basis of the claims for all claims related to the water system whether covered by insurance or not. The Utilities Director shall send a copy of each claim received to the Authority Director on behalf of the Authority.

1. Any person(s) who wish (es) to construct an extension and connect the extension into the water system and/or the water system owned by the city and maintained and operated by the Authority must make application to the Utilities Director on the approved form. Said application form shall be completely filled out, properly signed, and notarized.
2. The applicant shall be required to comply with all application requirements of the Authority Policies as contained in Paragraph IV(A), which requirements are hereby incorporated by reference as if fully set forth herein, except for the following:
   1. All required information shall be submitted to the Utilities Director, who shall review it for conformity with the provisions of this Part 2. Upon a determination that the application is in conformance with the provisions of this Part 2, the Utilities Director shall approve the application on behalf of Henderson County, and forward the application to the Authority Director.
   2. The applicant shall be required to submit 6 sets of plans and specifications, instead of the 4 sets required by Subparagraph IV(A)(2) of the Authority Policies.
3. The applicant shall be required to comply with all of the requirements as contained in Paragraphs IV(B), IV(D) and IV(E) of the Authority Policies, which requirements are hereby incorporated by reference as if fully set forth herein, except for the following:
   1. The extensions must comply with any and all rules, regulations, or requirements of the North Carolina Department of Natural Resources, not the Department of Human Resources.
   2. The applicant shall be required to deed all easements for the extension to the County, the City, and/or the Districts, rather than the City,(see Subparagraph IV (D) (3) of the Authority Policies) as follows: the easement shall be deeded to the city if the extension is a regional water line, otherwise the easement shall be deeded to the County.
   3. The applicant shall be required to submit to the Utilities Director a copy of the drawings and specifications as approved by the Authority pursuant to Subparagraph IV(E)(1) of the Authority Policies.
   4. To the extent that the extension is a regional water line, the provisions contained in Article 10 below shall also apply. To the extent that the provision contained in Article 10 below conflict with those in this Article 4, Article 10 shall be deemed to control. See § 93-68A (1) for additional payments required of the applicant.
   5. Any references to "the City" shall be deemed to refer to "the City and/or the County (Henderson County) as appropriate."
   6. The Utilities Director and/or the Henderson County Engineer shall have the same privileges and authorities to inspect any extension as the Authority Director. Such inspection shall not consist of or imply supervision or approval of the work or materials in the extension project. Neither the County nor the Utilities Department assumes any responsibility for the work performed or materials supplied. The Developer is solely responsible for insuring that the extension is completed in accordance with the approved specifications and drawings and indemnifies and holds the Authority, the City, the County, and the Utilities Department harmless with respect thereto.
   7. If the cost of the extension is being paid by the applicant, the applicant shall, upon completion of the extension, be required to deed the extension to the County. The County shall own, maintain and receive all net revenues from the extension in accordance with Subsection 6.7 of the Regional Water Agreement, said Subsection 6.7 being incorporated by reference as if fully set forth herein. The County may contract with the Authority and/or the City as appropriate to provide such maintenance, and to provide any and all billing, collection, and enforcement services for such extension upon such terms as are mutually acceptable.
   8. If the extension is a regional water line, the Utilities Director shall have the right granted by Subsection 6.4 of the Regional Water Agreement to report in writing to the Authority Director any deviations of the extension, said Subsection 6.4 being incorporated by reference as if fully set forth herein.
   9. The applicant shall be subject to the fee schedule adopted by the County and/or the districts, rather than the fee schedule of the Authority.
   10. The Utilities Director shall have the authority to determine the size and location of any extension.
   11. The Developer shall guarantee the entire extension project against defective materials and workmanship for a period of 12 months from the date of completion and acceptance of the County for claims arising out of defective materials and workmanship, including such incidental damages as may arise from such claim.
   12. The Authority and/or the County shall have the right to discontinue service to any licensed premises wherein the customer or consumer does not maintain the piping and connections beyond the meter in good repair.
4. Connections by the Water Department. Except as otherwise provided by this Part 2, every connection of an extension to the water system (defined as the County's water system in § 93-42) shall be made by the Water Department (or by a contractor specified by the Utilities Director in the event mutually acceptable terms for such service from the Water Department cannot be reached). However, the Utilities Department shall have the authority to determine the location of the connection to be made. Except as otherwise provided by this Part 2 or authorized by the Authority, every connection to the water system owned by the city and maintained and operated by the Authority shall be made by the Water Department.

1. Upon a determination by the Utilities Director and the Authority Director of projected regional water line costs and the projected regional water line revenues, the Utilities Director shall confirm them in writing to the Authority Director. Provisions contained in Subsection 4.2 and Sections VI, VII, VIII, IX, and X of the Regional Water Agreement shall control the regional water line project. Said Subsection 4.2 and Sections VI, VII, VIII, IX, and X of the Regional Water Agreement are hereby incorporated by reference as if fully set forth herein. Additionally, the following requirements shall apply:
   1. Additional payments required. Pursuant to the Regional Water Agreement, the Authority is required to contribute an amount equal to the projected regional water line revenue to be received over a 9 year period to the cost of the regional water line. If the projected regional water line revenues for the requested regional water line are insufficient to pay the projected regional water line costs, the applicant(s) shall be required to pay the difference to the County for payment to the Authority. Additionally, if at the end of a 9 year period after completion of the regional water line by the Authority, the actual net revenues received by the Authority are less than the actual regional water line cost, the applicant(s) shall be required to pay the difference to the County for payment to the Authority.
2. Notwithstanding anything herein to the contrary, neither Subsection 4.2, Section IX, nor Section X of the Regional Water Agreement shall be made subject to binding arbitration. Binding arbitration as a means of dispute resolution is only limited to those provisions specifically referenced as being subject to binding arbitration in the Regional Water Agreement.