§ 110-120. Service for bulk sewage customers.

(a)

Service commitments. Municipally owned utilities or a private utility certificated by the state public service commission seeking to receive bulk sewage service from the county pursuant to subsection 110-116(c) shall submit a written application indicating the amount of service to be required, the availability of alternative sewer services, the number of customers serviced by the requesting utility, a description of the geographic territory served by the requesting utility and the time at which and for which such service is requested.

(b)

Right to refuse service. The county shall have the absolute right at all times to refuse to extend service on the basis of a use detrimental to the county's sewer system, that the municipally owned or private utility is in competition with existing or planned county facilities, the lack of payment of required fees, the lack of sufficient excess capacity to meet the request, the presence of constituents in the discharge of the requesting utility which may be detrimental to the county's wastewater treatment system, the refusal to commit to pay for associated capital costs, replacement costs and expansion costs, that the requested service would not be cost-effective for the county or for any reason which, in the opinion of the county, will cause the extension not to be in the public interest. No payment of any costs, submitting of any application or any other act to receive bulk sewage service shall guarantee the service.

(c)

Terms and conditions. Upon receipt of a complete application and approval of the application by the board of county commissioners, the bulk sewage service may be provided by the county under the following terms and conditions:

(1)

Appropriate bulk wastewater impact fees as approved by the board of county commissioners must be paid by the applicant prior to connection or, if approved by the board of county commissioners, the applicant may pay a volume surcharge in addition to the bulk treatment rate for all existing flow at the time of connection in accordance with the schedule approved by the board.

(2)

The applicant agrees that the county shall be the sole provider of wastewater treatment services for the area requested by the applicant and that any and all existing wastewater treatment facilities owned or operated by the applicant will no longer be utilized for the area, unless otherwise approved by the board of county commissioners.

(3)

The agreement for such bulk wastewater service will be for a period of not less than ten years and the applicant agrees that all new development or new connections to its utility system shall pay impact fees to the county in the same manner as the county's retail customers pay such fees.

(4)

The applicant agrees to abide by the county's limitations on discharge as set forth in this article.

(d)

Charges for services. The bulk user shall pay such rates as established from time to time by the county for bulk customers receiving such wastewater service from the county.

(e)

Bulk impact fees. Appropriate impact fees for all flow at the time of connection will be determined by the board of county commissioners in accordance with article V, and any new connections to the applicant's facility will pay impact fees in the amount equal to the retail impact fees as established for retail customers of the county's system pursuant to article V.

(f)

Existing bulk sewage customers. Bulk sewage customers connected to the county's utility system shall, where not otherwise precluded by law or specifically established by existing agreement, pay those impact fees established by the board of county commissioners for flow based upon a volume surcharge and shall further pay impact fees for any new connections or new flow in the same manner and amount as retail customers of the county's system established pursuant to article V.

(g)

Renewal or extension of agreements. Any renewal or extension of a bulk sewage agreement shall comply with this article.

(Code 1970, § 26-90.1; Ord. No. 90-11, § 1, 9-25-90; Ord. No. 06-28, 9-11-06)