(A) (1) The water and sewage department will provide water and/or sewage service solely for residential, commercial, industrial, manufacturing, institutional or other related purposes within the department’s service area, as defined by the county, subject to the limitations and conditions established by the agreement between the City of Rock Hill and York County, and subject to the limitations and conditions established by the county for the administration, operation and extension of the county water and sewage systems. By allowing connection to or extension of its water and/or sewage systems, the water and sewage department does not warrant unlimited water and/or sewage service. No water is warranted by the water and sewage department for fire protection. By allowing connection to or extension of its water and sewage systems, the county assumes no liability for damage due to leaks, malfunctions or breaks in any portion of the county water or sewage systems.
(2) The water and sewage department reserves the right to refuse service to any applicant, if the county, at its sole discretion, finds that service to any applicant is uneconomical, the premises for which service is sought are not located contiguous to the county water and sewage systems, or service is not otherwise in the best interest of the water and sewage department.
(B) (1) Water and/or sewage service within the county’s defined service area will be provided in the order in which applications for service are approved and connections or extensions of or to the county water and sewage systems are constructed. Service will be provided on a “first come-first served” basis.
(2) Service is subject to the capacity of the county water and/or sewage systems, and to the limitations and conditions contained in the water and sewage department connection and extension policies and procedures. The water and sewage department reserves the right to refuse service to any applicant, subject to the terms, conditions and limitations contained in the policies and procedures of the water and sewage department, and subject to the terms and conditions of the agreement between the municipal supplier and the county.
(3) Upon approval by the water and sewage department of an applicant’s application for service, a commitment will be issued approving the requested service. If a building permit has not been obtained by the applicant from the building and codes department within 90 days from the issuance of a commitment by the county to provide water and/or sewage service, the commitment shall expire and become null and void, and the water and sewage department shall have no further obligation to provide water and/or sewage service. If for any reason, a building permit becomes invalid, the water and sewage department’s commitment to provide water and sewage services becomes null and void. When service is introduced upon the applicant’s premises, the applicant or any successor to the applicant shall be subject to all rules, regulations and limitations upon service, as established by the water and sewage department or the rules, regulations, policies or procedures of the county relating thereto.
(4) The county makes no representations or warranties relating to water and/or sewage services which extend beyond those expressly contained in writing in any agreement between the county and the applicant and/or ultimate user or consumer of county water and/or sewage services. The county makes no representations or warranties of merchantability or fitness for any particular purpose.
(5) No plumbing system which allows water and/or sewage service to be provided to real property located outside the county’s defined service area, or to improvements to real property or to personal property located outside the county’s service area, shall be connected to the county’s utility systems, unless written consent is granted to the county to provide utilities within another jurisdictional area.
(6) No connection shall be made between the water and sewage department’s water system and any unauthorized water source under any circumstances.
(7) No connection to the water and sewage department’s sewage system shall be made unless the applicant obtains all of its water from the county water system, except upon the written approval of the water and sewage department. Any water not obtained from the water and sewage department water system shall be accurately metered by the water and sewage department, and the amount of water so metered shall be reported regularly in order to calculate the applicant’s sewage charges.
(8) Piping and stormwater runoff shall not be connected to the county’s wastewater collection system.
(9) All applicants for county water and/or sewage services shall, prior to the extension of such services, enter into a written utility user’s agreement with the county. The applicant, and all successors to the applicant, in consideration of the extension or provision of water and sewer services by the county, shall agree to save and hold harmless the county, the water and sewage department, and their respective successors, agents, employees and assigns, from and against all claims, demands, suits or liability for injury to persons or loss of, or damage to, property caused by, growing out of, or occurring in connection with, the construction, inspection, use or maintenance of the county water and/or sewage system.
(‘77 Code, § 7-52) (Ord. 1485, passed 10-7-85; Am. Ord. 5206, passed 12-18-06)