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2 <br /> 22 r, <br /> 1. EXTENSION OF WATER AND SEWER MAINS <br /> We believe this recommeadatioa is the most significant of the fourtem recommendations because <br /> of its policy,legal,and financial implications. <br /> POLICY <br /> The Joint Planning Amt contains policies that establish a Rural Buffer, and that discoivage <br /> extension of public water and.sewer feedities into the Rural Buffer. There ate provisions that <br /> suggest that extension of such facilities may be appropriate to address issues of public health and <br /> safety. We believe that these policies are an mgwtart putt of the long range Plans for Chapel Bill, <br /> Carrboro,and Orange Could- <br /> Part of the area that would be served with public water and sewer,if thc.reoommeudadons of the <br /> Working Group are*demen:04 would W in the Rural Buffet Pleasa see attachment Z, a map <br /> showing the area under consideration. We.believe that if a decision is made tQ so extend these <br /> facilities,it should be w=npaWed.by clear hudings and statements regarding public health and <br /> safety, so that the general policies of the Joint Planning Agreemen7 and Joint Planning Am Land: <br /> Use Plan are not violated. <br /> LEGAL <br /> a. Payment out of landfill funds. <br /> 0. Water service. North Carolina law,as-established by both.General Statutes and <br /> Appellate Court decisions, limits landfill tipping fecs-to those reasonably necessary to provide <br /> the services. North Carolina- Court decisions. indicate that. a municipality.may charge fees <br /> reasonably associated with operations, depreciation; and actual or anticipated capital costs of a <br /> public enterprise. A statutory provision duly states that a County landfill fee ".map.not <br /> exceed the cost of operating the facility." <br /> A reasonable argrrmeat might be developed and evidence presented. support a proposal <br /> that landfill enterprise funds be used to provide;water service to replace well water on properties <br /> new a landfill, based on concerns.regarding acnral.or potential groundwater pollution. Thus, <br /> paying for such'service for some arcs nest the current landfill might be considered a cost of <br /> operating the landfill:As this proposed area is expanded,the actual or theoretical basis justifying <br /> the eKpenditure of landfill fiords for this purpose likely grows.wad=and more subject to legal <br /> cballengG At some point aline would need to be drawn,baud on some reasonable set of criteria. <br /> 2r Sewer serSâ–șice. It would be extremely diffrcat, in the opinion of the Town Attorney, <br /> to construct a defensible legal argument to justify extending sewer lines to serve this area and <br /> paying for that service out of landfill Rinds. However, sewer line extended for the purpose of <br /> collecting landfill leachate for treatment in the sanitary sewer system might be'available for use <br /> by others. <br />