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§ 51.20 SPECIAL PROVISIONS.
   (A)   Proposed plans for industrial complexes, shopping centers, apartments, condominiums, public housing projects and other similar developments, which contain large areas not divided by public streets and are contiguous to existing water mains or sewer outfall lines, must be furnished to the water and sewage department before it will consider any commitment for service.
      (1)   All the projects as described in division (A) above will be financed wholly through the applicant’s funds. Any large mains or outfalls required, which could be defined as part of the basic water and sewage department system, must be approved by the water and sewage department as to location and size prior to approval and construction. Approval for construction will be granted only if the large mains and outfalls are located in public streets or within easements or rights-of-way granted to the county by appropriate instruments in recordable form.
      (2)   The water and sewage department maintenance and operation will be provided only to those water and sewage projects which are built and located in public streets or within easements or rights-of-way granted to the county.
   (B)   In order to secure an extension of the county water and/or sanitary sewage systems, the applicant must:
      (1)   Request a preliminary cost estimate from the water and sewage department, designating the specific properties to be served;
      (2)   Make a cash deposit equal to 10% of the preliminary cost estimate, to secure a contract for preparation of the construction plans and specifications for the requested extension; and
      (3)   After construction bids are received by the water and sewage department, pay upon request the total deposit required under the appropriate procedure for the construction of the requested extension. The failure of the applicant to make deposits necessary for construction authorization or approval within 30 days after request will result in forfeiture of all engineering and administrative costs incurred, not to exceed the original 10% deposit referred to herein.
   (C)   Subdivisions developed solely by developer funds, and donated to the county without cost, shall not be subject to tap fees, but all costs incurred by the county in permitting taps to be made shall be paid by the developer.
   (D)   If necessary to comply with any obligation imposed upon the water and sewage department by law, or in cases of extreme emergency where it is found to be in the public interest or necessary for the protection of the public health, the water and sewage department may authorize extensions of the county water and sewage systems into specific locations within the area of its jurisdiction.
   (E)   All extensions, expansions and new facilities must be:
      (1)   Constructed:
         (a)   In compliance with SCDHEC rules and regulations;
         (b)   In accordance with the water and sewage department’s engineering criteria, standards and specifications;
         (c)   In conformity with any existing or future comprehensive development plans adopted by the county; and
      (2)   Economically feasible.
   (F)   The county will retain title to all facilities provided under this policy and will be responsible for their operation and maintenance.
   (G)   The developer will be responsible for any costs incurred for inspections, and any costs incurred to insure compliance with construction standards and specifications for all water and sewage systems funded by any applicant and donated to the county.
   (H)   Any customer of the county water and sewage systems, and any person controlling premises located inside the county and desiring to install a plumbing system, for the purpose of discharging industrial waste waters into the water and sewage department sanitary sewer system, must submit an application to the water and sewage department for approval, in accordance with the standards imposed by the federal national pollutant discharge elimination system and the code. Applications shall be approved only when evidence is submitted by the applicant that the discharge will comply with all regulations of the county and state and federal regulatory authorities. Customers receiving approval to discharge industrial waste waters into the sanitary sewer system of the county shall be assessed a monthly monitoring fee. Customers discharging industrial wastewater having a biochemical oxygen demand (BOD) in excess of 230 parts per million by weight, and/or suspended solids in excess of 200 parts per million by weight, shall be assessed a monthly surcharge covering the entire costs to the county for treating the excess wastes.
(‘77 Code, § 7-57) (Ord. 1485, passed 10-7-85; Am. Ord. 5206, passed 12-18-06)
WATER AND SEWER SERVICE FRANCHISES
§ 51.30 LEGISLATIVE FINDINGS.
   (A)   Water and sewer service areas. The County Council hereby certifies that water and/or sewer service is now being provided in certain designated areas of the county, and that the unincorporated areas of the county constitute a designated service area within which the county is authorized to provide water and sewer services, within the meaning of S.C. Code § 5-7-60, as amended.
   (B)   Franchise grants. The County Council finds that it is necessary and proper to exercise its power to grant franchises for the provision of water and/or sewer services in the unincorporated area of the county, in order to provide for the orderly control of water and sewer services.
   (C)   Standards for operation. The County Council further finds that state and federal standards for the design, construction and operation of water and sewer systems should be applied within that portion of the county affected by this subchapter.
(‘77 Code, § 7-175) (Ord. 2590, passed 5-8-90; Am. Ord. 1591A, passed 6-10-91; Am. Ord. 5206, passed 12-18-06)
§ 51.31 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   FRANCHISE. A grant by the county to a private entity of the right to provide water and/or sewer services within a specified portion of the unincorporated area of the county.
   FRANCHISEE. A private entity that has a valid water and/or sewer service franchise granted by the county.
   PRIVATE ENTITY. Any individual, group of individuals, company, partnership, corporation, association or private utility.
   PUBLIC ENTITY. Any city, town, municipal corporation, political subdivision, special purpose district, special tax district or any other public body, including but not limited to, any agency, board or commission of public works created by law or ordinance.
   SEWER SYSTEM. Any facility or facilities designed and/or operated for the purpose of collecting, treating or disposing of sewage from three or more consumers, and providing the sewer service for compensation.
   WATER SYSTEM. Any facility or facilities designed and/or operated for the purpose of generating, treating, supplying and/or distributing potable water to three or more consumers, and providing the water services for compensation.
(‘77 Code, § 7-176) (Ord. 2590, passed 5-8-90; Am. Ord. 1591A, passed 6-10-91; Am. Ord. 5206, passed 12-18-06)
§ 51.32 COUNTY WATER/SEWER SERVICE AREA.
   (A)   Designation of area. The following areas are hereby designated as the county water/sewer service area:
      (1)   All unincorporated areas of Fort Mill Township of the county, except those areas located within the Town of Fort Mill, the City of Tega Cay or a portion of Riverview Fire District, as shown and described on a map of the areas incorporated into and made a part of this section by reference;
      (2)   The area encompassed within the Western Lake Wylie Tirzah-Newport water and sewer service area, as shown on a map of the county water and sewer service areas, which map is incorporated into and made a part of this section by reference; and
      (3)   All or any portion of the unincorporated area of the county not now located within a special purpose water or sewer district, a special tax district or an existing municipal water or sewer service area as the areas existed on December 31, 1996.
   (B)   Right to provide services. The county reserves the right to provide water and/or sewer services within all or any portion of the county water/sewer service area, or within any other unincorporated areas of the county that are not now located within a special purpose water and/or sewer district or special tax district, or within an existing municipal water and/or sewer service area on June 10, 1991.
   (C)   Size of area. The size of the county water/sewer service area may be decreased only by municipal annexation or by action of the County Council. The granting of nonexclusive water and sewer franchises by the County Council, or the provision of water and sewer services by municipalities outside their municipal limits by contract, shall not reduce the size of the county water/sewer service area or affect the right of the county to provide water and sewer services within its service area.
   (D)   Franchisee required for private entity. No private entity shall construct, extend or operate any water system or sewer system within the county water/sewer service area, without first obtaining a franchise therefor from the County Council in accordance with the terms of this subchapter.
   (E)   Agreement and consent required for public entity. No public entity shall construct or extend any water system or sewer system within the county water/sewer service area except by agreement and consent of the County Council, describing the area to be served and establishing the terms, conditions and limitations upon which the service may be provided.
(‘77 Code, § 7-177) (Ord. 2590, passed 5-8-90; Am. Ord. 1591A, passed 6-10-91; Am. Ord. 892, passed 2-17-92; Am. Ord. 1097, passed 3-17-97; Am. Ord. 5206, passed 12-18-06)
§ 51.33 FRANCHISES.
   (A)   Application for franchise. Any private entity desiring to construct and operate a water system and/or sewer system, or to extend any existing system within the county water/sewer service area, shall file a written franchise application with the county manager. The application shall include the applicant’s name, a statement of the services to be furnished, a description of the specific area to be served, and a proposed service area map of sufficient clarity and detail to accurately show and delineate the specific area for which a franchise is requested. The applicant shall also furnish a current financial statement and any other information and data as may be determined necessary by the county manager.
   (B)   Award of franchise. The county manager, or his or her designee, shall evaluate the applications and make recommendations thereon to the County Council within 30 days of receipt of a completed application. The County Council may then award a franchise by enactment of a franchise ordinance, which shall not be inconsistent with the provisions of this subchapter. The terms and provisions of any franchise ordinance enacted by the County Council shall constitute a contract between the county and the franchisee, and every franchise ordinance shall include, as a minimum, the following:
      (1)   A written description of the franchised area, which shall specifically refer to a service map clearly showing and delineating the exact franchised area. The map shall constitute a part of the franchise ordinance;
      (2)   A provision establishing a construction schedule for completed construction of the system;
      (3)   A provision that the franchise is nonexclusive and is granted for a term of 10 to 25 years, as the County Council may determine; provided, however, the term of the franchise may be renewed and extended, from time to time, for one or more successive additional terms of not less than five years, provided that all provisions of the franchise agreement have been met. The franchisee shall notify the county manager in writing, not less than 90 days prior to the expiration of the franchise, of its intentions concerning renewal of the franchise; subject, however, to the provisions of this subchapter relating to the right of the county to purchase the franchise system;
      (4)   A provision that the franchise cannot be changed or transferred without the prior consent of the County Council, which consent shall not be unreasonably withheld. Failure of the County Council to act on a request for transfer or change, within 60 days of receiving all information relevant to the proposed transfer or change, shall be deemed consent;
      (5)   A provision that the franchisee shall fully comply with all applicable standards and regulations for the design, construction and/or operation of water and/or sewer systems;
      (6)   A provision that the franchisee shall provide service to all customers within the franchised area on a fair and nondiscriminatory basis, on terms available to all other customers of the franchisee in a similar class;
      (7)   A provision that the franchisee shall not deny service to any customer within the franchised area because of the current or proposed use of the property;
      (8)   A provision that, if the franchisee rejects a request for service by a customer or potential customer within the franchise area who complies with the franchisee’s applicable rules, regulations and reasonable service requirements, or fails to provide the service to a customer or potential customer who complies with the franchisee’s applicable rules, regulations and reasonable service requirements within a period of one year of the request, the County Council may, by an amending ordinance, remove the area from the franchised area;
      (9)   A provision that the franchise may be revoked or the size of the franchise area reduced by the County Council for cause as set forth in division (C) below;
      (10)   A provision that the county shall have the right and option, at the end of the franchise term or any extension thereof, to purchase from the franchisee the water and/or sewer system within the franchised area at a fair and reasonable price;
      (11)   Other terms and provisions, consistent with the intent and purpose of this subchapter, as the County Council may deem necessary and proper.
   (C)   Reduction of franchise area; revocation of franchise.  
      (1)   The County Council may, by ordinance, reduce the size of the franchised area or revoke a franchise by repeal of the franchise ordinance only for cause, which may include one of the following:
         (a)   The failure of the franchisee to comply with any term, provision or condition of this subchapter or its franchise ordinance; or
         (b)   A determination by the County Council that the action would be in the best interest of the health, safety or welfare of the citizens of the county.
      (2)   The franchisee shall have the right to appear and to be heard by the County Council, prior to final action being taken on any ordinance to revoke a franchise or reduce the size of the franchised area. Upon any revocation of a franchise or reduction in the size of any franchised area, the county may then provide water and/or sewer service within the area or may take other action as it deems appropriate to secure water and/or sewer service for the area as soon as may be practicable.
   (D)   Provisions for granting of franchise to private entity. The County Council shall not grant a private entity a water and/or sewer franchise for any unincorporated area of the county within an established municipal water and sewer service area, without the prior written consent of the affected public entity; provided, however, franchises may nevertheless be granted by the County Council without the consent of the affected public entity, after the County Council has made the findings set forth herein.
   (E)   Right to purchase systems. In the event the franchisee should at any time decide to sell all or any portion of its water and/or sewer system, the county shall have the right of first refusal to purchase the system, or any part thereof, at a fair and reasonable purchase price, within 90 days after receipt of written notice thereof, which shall be given to the county by the franchisee. The purchase of any water and/or sewer system by the county shall thereby eliminate or reduce the size of the franchised area.
(‘77 Code, § 7-178) (Ord. 2590, passed 5-8-90; Am. Ord. 692, passed 2-17-92; Am. Ord. 5206, passed 12-18-06)
§ 51.34 RESOLUTION OF DISPUTES AND PRIOR COMMITMENTS.
   (A)   Boundary disputes. The County Council shall hear and decide any boundary disputes between franchisees, between public entities, or between franchisees and public entities, which may arise out of this subchapter, including but not limited to, all disputes with regard to the right or obligation to serve a customer whose property may be located partially within the franchise area or service area of two or more franchisees or public entities. All decisions of this County Council shall be final and shall be binding upon all parties thereto.
   (B)   Authority to make exceptions. Notwithstanding any other section, term or provision of this subchapter, the County Council shall have the full authority, at any time and from time to time, to make exceptions with respect to terms of this subchapter, or any subsequent franchise ordinance granted pursuant to this subchapter, as may be necessary to authorize, honor, permit, accommodate or implement any existing commitments or agreements made by the County Council prior to the enactment of this subchapter, pertaining to the right to provide water and/or sewer service in specific service areas.
(‘77 Code, § 7-180) (Ord. 2590, passed 5-8-90; Am. Ord. 5206, passed 12-18-06)
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