15A NCAC 02T .0115. OPERATIONAL AGREEMENTS

(a)  Prior to issuance or reissuance of a permit pursuant to this Subchapter for a wastewater facility or sewer extension as specified in G.S. 143‑215.1(d1), a private applicant shall provide evidence with the permit application:

(1)           To show that the applicant has been designated as a public utility by the North Carolina Utilities Commission and is authorized to provide service to the specific project area.  This may be a Certificate of Public Convenience and Necessity or letter from the Public Staff; or

(2)           Enter into and submit an executed Operational Agreement pursuant to G.S. 143‑215.1(d1) with the Division.

(b)  Where the applicant is not a Homeowner's or Property Owner's Association, an executed Operational Agreement must be submitted with the permit application.  A copy of the Articles of Incorporation, Declarations and By-laws shall be submitted to the Division with the engineer's certification as required by 15A NCAC 02T .0116 and prior to operation of the permitted facilities. 

(c)  For permit applications where the applicant is a legally formed Homeowners' or Property Owner's Association, an executed Operational Agreement and a copy of the Articles of Incorporation, Declarations and By-laws shall be submitted to the Division with the permit application.

(d)  An Operational Agreement is required prior to donation to a public utility or municipality unless the applicant is the respective municipality or public utility.  The Operational Agreement shall become void upon transferring the permit to the public utility or municipality via a change of ownership request to the Division and permit issuance into the new owner name.

 

History Note:        Authority G.S. 143‑215.1(d1);

Eff. September 1, 2006.