(a) No person shall undertake any activity listed in subsection (b) of this section concerning a distribution system or collection system which is, or is proposed to become, a part of the county distribution system or collection system, and is located within the county's utility service area, as such term is defined in G.S. 143-251.1(f) and 130A-317(d), unless such person shall have applied for and shall have received from the county a permit therefore, and shall have complied with such conditions, if any, as are prescribed by such permit. The term "distribution system" shall mean and include a network of distribution pipes, hydrants, valves, and related appurtenances but does not include pumps storage tanks, treatment devices, wells, or other facilities. The term "collection system" shall mean and include, but not be limited to, sanitary sewer pipes, valves, air release valves and manholes.
(b) Activities prohibited without a permit include:
(1) Construction or operation of any distribution system or collection system;
(2) Alteration, extension, or change of the construction or method of operation of any existing or proposed distribution or collection system; or
(3) Entering into a contract for the construction and installation of any distribution or collection system, or for the alteration or extension of such a system.
(c) Any person proposing to undertake any activity described in subsection (b) of this section shall make timely and proper application on such forms as may be prescribed by the director of infrastructure and engineering, or his designee, (also known as director in this chapter), and provide such information as may be required by the director. A copy of all applications for permits subject to this section, of all approved permits and plans, and the engineer's certification shall be provided to the state Department of Environment and Natural Resources (DENR) pursuant to applicable law.
(d) All distribution or collection systems proposed for connection to the county distribution or collection system and all proposed modifications to any existing portion of the county distribution or collection system shall be designed, constructed and installed in conformance with applicable provisions of the then current county water and sewer design and construction standards (also known as county standards in this chapter), and any other county rules, policies and procedures (also known as county requirements in this chapter). Any engineering reports, plans, specifications, calculations and profiles submitted by applicants for new distribution or collection systems and modifications to existing facilities shall be prepared by or under the direct supervision of an engineer licensed to practice in the state, shall bear the seal of such engineer, and shall be subject to approval by the director. Such reports, plans, specifications, calculations, and profiles shall be prepared at the expense of the applicant. The director shall maintain a copy of the current county standards and county requirements for public inspection.
(e) The denial of an application for a permit shall be made in writing and shall contain each reason for the denial and the county's detailed summary of the changes in the applicant's proposed activities or plan which will be required in order that the applicant may obtain a permit. Nothing in such summary shall preclude or otherwise bar the county from denying a permit, which incorporates such changes, based upon changed circumstances or information not previously known by the county.
(Amend. of 11-3-2003)