Sewage Disposal Agreement
[HISTORY: Adopted by the Board of Commissioners of Henderson County. Amended 3-7-1988;
3-21-
1989; 11-5-1990.]
THIS AGREEMENT, as of the first day of March 7, 1988 by and between Metropolitan Sewerage
District of Buncombe County (hereinafter sometimes called the "District"), a North Carolina public
body and body politic and corporate created and established under the provisions of the North
Carolina Metropolitan Sewerage Districts Act, Chapter 153, Article 25, Sections 153-295 to 153-324,
inclusive (succeeded by Chapter 162A, Article 5, Sections 162A-64 to 162A-81, inclusive) of the
General Statutes of North Carolina, and the Cane Creek Water and Sewer District of Henderson
County, North Carolina (hereinafter sometimes called the "CCWSD"), a body corporate and politic
in Henderson County, North Carolina, acting by and through the Board of Commissioners of
Henderson County, pursuant to Article 6, Chapter 162A of the General Statutes of North Carolina:
WITNESSETH:
WHEREAS,
the District was created and established by the North Carolina State Stream
Sanitation Committee by resolution adopted on January 19, 1982, and the District is currently comprised of
the following political subdivisions:
City of Asheville
Town of Biltmore Forest
Town of Weaverville
Town of Black Mountain
Woodfin Sanitary Water and Sewer District
Busbee Sanitary Sewer District
Crescent Hill Sanitary Sewer District
Skyland Sanitary Sewer District
Fairview Sanitary Sewer District
East Biltmore Sanitary Sewer District
Caney Valley Sanitary Sewer District
Swannanoa Water and Sewer District
Town of Montreat
Beaverdom Water and Sewer District
Venable Sanitary District
Enka Candler Water and Sewer District
WHEREAS,
under the North Carolina Metropolitan Sewerage Districts Act, and other State and
Federal laws, the District is authorized and empowered among other things:
1.
To acquire, construct, improve, extend, enlarge, equip, repair, maintain and operate a
sewage disposal system;
2.
To fix and revise from time to time and to collect rents, rates, fees and other charges for
the use of or for the services and facilities furnished by a sewage disposal system;
3.
To make and enter into contracts or agreements with the governing bodies of any political
subdivisions upon such terms and conditions and for such periods as any such governing body and the
District Board of the District may determine with respect to:
(a)
The collection, treatment and disposal of sewage,
(b)
The billing and collecting by any such political subdivision or by the District of
rents, rates, fees or charges for the services and facilities provided to or for such political subdivision or its
  
inhabitants by any sewage disposal system, and for the enforcement of collection of such rents, rate, fees
and charges; and
(c)
The imposition of penalties, including the shutting off of the supply of water
furnished by any water systems owned or operated by any such political subdivision, in the event that the
owner, tenant or occupant of any premises utilizing such water shall fail to pay any such rents, rates, fees or
charges; and
4.
To regulate by permit the discharge of waste into the system by any Industrial or
Commercial Establishment (as hereafter defined), and
WHEREAS,
the District operates a sewage treatment facility in Woodfin, Buncombe County,
North Carolina, where it treats sewage received through interceptor lines operated by the District, the
District's sewage disposal system being referred to as the "Sewage Disposal System;" and
WHEREAS,
CCWSD was established February 26, 1981 and was created pursuant to the
provisions of Article 6, Chapter 162A of the General Statutes of North Carolina for the purposes of
providing water services or sewer services or both to the residents and Commercial and Industrial
Establishments of the territory within the CCWSD, and is vested with all of the powers set forth in Article
WHEREAS,
CCWSD desires to contract for certain services relating to wastewater treatment and
disposal with the District pursuant to its authority Article 5, Section 73(2)(a)(b) and (c) of Chapter 162A
of
the General Statutes of North Carolina;
NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions and obligations herein
undertaken, it is agreed as follows:
1.
The CCWSD will cause to be constructed a collector sewer system which will collect
sewage within the CCWSD, which system shall be completed in a timely and workmanlike manner and in
full compliance with all applicable laws and regulations in any way affecting such system and in full
compliance with any ordinance, regulations, directives or standards issued or adopted by the District.
2.
CCWSD will at all times maintain said collector sewer system in good state of use and
repair and in compliance with all applicable laws and regulations in any way affecting such system and in
full compliance with any ordinances, regulations, directives or standards adopted from time to time by the
district provided such ordinance, regulations, directives or standards shall be no different from such
ordinances, regulations directives or standards adopted and applicable by the District with respect to any
collector sewer system located in Buncombe County.
3.
The District has constructed an interceptor sewer line in the area of the CCWSD which
will have the capacity to receive sewage from the collector sewage system which CCWSD will cause to be
constructed and the sewage so collected can be transported through interceptor lines owned by the District
to the main treatment plant of the District located in Woodfin, Buncombe County, North Carolina.
4.
The District will receive and accept for collection, treatment and disposal sewage
originating in the CCWSD collector sewer system or flowing through the collector sewer system of the
CCWSD not exceeding .55 million gallons per day until July 1, 1990, at which time the figure .55 million
gallons a day is changed to 1.35 million gallons a day. Should the CCWSD annex additional area pursuant
flow to users in the annexed area on an as needed basis. Flow allocated to users in annexed areas will not
be counted against the 1.35 mgd allocation set forth in the previous sentence. Users in annexed areas will
be required to pay a Capacity Depletion Fee to the MSD before making connection to the Sewerage
System. Provided, however, that the District reserves the right to limit the quantity and composition of
sewage so received and accepted by the District if such sewage together with all other sewage received and
accepted by the District from all sources will, in the sole discretion of the District, unreasonably burden the
  
efficient operation of the Sewage Disposal System, or violate any of the District's ordinances or regulations
or violate any law or regulation imposed on the District by any other governmental authority; provided,
further, that the District may in its sole and absolute discretion regulate by permit the discharge of sewage
from any Commercial or Industrial Establishment. 
5.
The District shall have the right without prior notice to enter the premises of any
Industrial or Commercial Establishment to monitor the composition and quantity of sewage discharged by
such establishment into its Sewage Disposal System. The term Industrial or Commercial Establishment as
used herein shall be defined as any person, firm, corporation, association, partnership or entity which
discharges sewage in an amount exceeding 50,000 gallons within any 24 hour period or any toxic or
hazardous waste or substance as those terms are defined by regulation or ordinance duly adopted from time
to time by the District into any collector sewer system of CCWSD or into any interceptor sewer line now or
hereafter built, owned or maintained by the District.
6.
Subject to the terms of the Agreement, the District will collect, treat in accordance with
law and dispose of any sewage originating in the CCWSD or flowing through the collector sewer system
serving the CCWSD in the same manner and to the same extent or degree as it collects, treats and disposes
of all other sewage entering the Sewage Disposal System.
7.
So long as the Sewage Disposal System remains in existence and under operation by the
District, or by any successor thereof, the CCWSD shall continue to have the right to make use of the
services and facilities of the Sewage Disposal System in the manner and upon the conditions set out in this
Agreement.
8.
The CCWSD shall utilize the services and facilities provided by the Sewage Disposal
System and shall not construct, acquire or utilize any facilities other than the facilities of the Sewage
Disposal System for the collection, treatment and disposal of sewage except to the extent that the services
and facilities of the Sewage Disposal System required to meet the sewage disposal needs of the CCWSD
shall not be provided by the Sewage Disposal System.
9.
The CCWSD shall comply with and shall obligate any user or its collector sewer system
to comply with all ordinances, rules and regulations adopted by the District and all laws, rules and
regulations which may be imposed on the District by any other governmental authority which may pertain
to the collection, treatment and disposal of sewage by the Sewage Disposal System.
10.
The CCWSD shall comply with and shall obligate any user of its collector sewer system
to comply with the SEWER USE ORDINANCE OF THE METROPOLITAN SEWERAGE DISTRICT OF
BUNCOMBE COUNTY, NORTH CAROLINA adopted by the District on 5-15-1984 and as the same may
be amended from time to time provided that nothing herein shall be construed as requiring CCWSD to
provide sewer service to any person or entity unless such service can be provided by CCWSD by means of
a gravity line into a CCWSD collector sewer line with the point of sewer discharge being located no farther
than 150 feet from the sewer connection into the CCWSD collector sewer line.
11.
Any rates, fees, charges and permits for the use of and for the services and facilities
furnished by the District to the CCWSD and to any person or entity situate within the CCWSD shall be
fixed and established by the District in its sole and absolute discretion and shall not be subject to
supervision or regulation by the CCWSD.
12.
Residential, commercial, industrial, and all other users of the Sewage Disposal System
within CCWSD shall be required to pay one or more rates, fees or charges for the services and facilities
furnished by the District. The rates, fees or charges shall be set by the District in its sole discretion and may
vary from user to user based on the composition and quantity of sewage discharged into the Sewage
Disposal System. Such rates, fees or charges shall not exceed rates, fees or charges for comparable service
elsewhere within the geographical limits of the District except in the following instances: First, in the
instance in which a qualified, independent professional engineer determines that the cost of delivery of
such services and facilities by the District is greater for the CCWSD than for the users elsewhere within the
  
geographical limits of the District in which event such additional cost shall be ratably added to the rates,
fees or charges paid by users in the CCWSD. Second, in the instance in which the District chooses to levy
an ad valorem tax on property situate within the District in which event an amount of money determined by
an independent, Certified Public Accountant shall be added to the rates, fees or charges paid by users in the
CCWSD which, when added to the rates, fees or charges paid by users in the CCWSD, will be consistent
with comparable rates, fees or charges and taxes paid by persons resident within the District.
CCWSD shall be responsible for billing and collecting all rates, fees or charges as described in paragraph
11 above which are not billed and collected directly from Industrial or Commercial Establishments by the
District as a condition of any discharge permit granted by the District to any Industrial or Commercial
Establishment. The CCWSD shall promptly remit monthly all fees collected to the District Office in
Woodfin, North Carolina. CCWSD shall make all reasonable efforts to ensure that rates, fees or charges are
paid promptly and shall take appropriate action against those users who are delinquent in paying rates, fees
or charges. The records and accounts of the CCWSD relating to the billing and collecting of rates, fees or
charges shall be open to the inspection of the District at all reasonable times.
In conjunction with its duty to bill and collect rates, fees or charges, the CCWSD shall be required to
maintain an accurate and up-to-date record of all users of the Sewage Disposal System within the CCWSD.
CCWSD shall record all users by number and provide the District with copies of such record. The District
shall be notified when additional users are given access to the Sewage Disposal System and shall receive a
complete updated copy of such record of users annually. The records and accounts of CCWSD relating to
the recording of users of the Sewage Disposal System shall be available for inspection by the District at all
reasonable times.
The District and CCWSD are aware that certain persons, firms, corporations and entities (users) through
whose real property some of the District's interceptor lines run have been given the right to discharge
sewage directly into the interceptor lines as partial compensation for granting an easement to the District.
This right shall in no way relieve the CCWSD of its responsibility to bill and collect rates, fees and charges
each month from these users and to keep a record of those users which shall be available for inspection by
the District at all reasonable times.
Notwithstanding any of the foregoing, the District shall reserve the right to bill and collect or to demand
that CCWSD bill and collect rates, fees or charges the following ways:
(a)
If, and to the extent that, the CCWSD or its agent or designee furnishes water on
a retail basis to any lots or parcels of land which may be connected with or may use the Sewage Disposal
System by or through any part of the collector sewer system serving the CCWSD and the CCWSD or its
agent or designee renders a bill for such water service, the CCWSD agrees that it or its agent or designee
will act at its sole expense as billing and collecting agent for the District and will bill and collect and
promptly deliver without offset or charge to the District the rates, fees or charges imposed by the District
for the services and facilities provided by the Sewage Disposal System. The rates, fees or charges imposed
by the District will be included as a separate item in the bills rendered by the CCWSD or its agent or
designee for water service and if any payments received by the CCWSD or its agent or designee shall be
less than the total amount of the charges for both water service and sewage disposal service, the amount
received shall be pro-rated as to each such item. In the event that any sewage disposal rates, fees or charges
shall not be paid, the CCWSD shall either itself or through its agent or designee, upon the receipt or
instructions from the District, discontinue the furnishing of water to such lot or parcel of land until such
time as the CCWSD shall be advised by the District to resume the furnishing of water. The records and
accounts of the CCWSD or its agent or designee relating to such billing and collecting shall be open to the
inspection of the District at all reasonable times.
(b)
The District may collect the rates, fees or charges directly from users in
CCWSD on a monthly basis. Failure by a user to remit rates, fees or charges to the District within the time
specified for payment by the District shall give the District the right to disconnect the user's access to the
interceptor line. The District shall have the right to enter the lands of user’s at all reasonable times to
  
disconnect the user's access to the interceptor line when the user has failed to remit the rates, fees or
charges within the time specified by the District.
13.
This Agreement shall continue in full force and effect and without termination so long as
the Sewage Disposal System remains in existence and operation or until it has been terminated by mutual
agreement of the parties or by operation of law.
14.
This agreement shall inure to the benefit of and be binding upon all successors of each of
the parties hereto.
15.
This Agreement shall become effective on the date of its execution by the parties hereto.
WHEREFORE,
the parties hereto acting under the authority of their respective governing bodies, have
caused this Agreement to be duly executed in two counterparts, each of which shall constitute an original.