§ 162A-9. Rates and charges; electronic notice; contracts for water or services; deposits; delinquent charges. - North Carolina Statutes

§ 162A‑9.  Rates andcharges; electronic notice; contracts for water or services; deposits;delinquent charges.

(a)        An authority mayestablish and revise a schedule of rates, fees, and other charges for the useof and for the services furnished or to be furnished by any water system orsewer system or parts thereof owned or operated by the authority. The rates,fees, and charges established under this subsection are not subject tosupervision or regulation by any bureau, board, commission, or other agency ofthe State or of any political subdivision.

Before an authority sets orrevises rates, fees, or other charges for stormwater management programs andstructural or natural stormwater and drainage system service, the authorityshall hold a public hearing on the matter. At least seven days before thehearing, the authority shall publish notice of the public hearing in anewspaper having general circulation in the area. An authority may imposerates, fees, or other charges for stormwater management programs and stormwaterand drainage system service on a person even though the person has not enteredinto a contract to receive the service.

Rates, fees, and charges shallbe fixed and revised so that the revenues of the authority, together with anyother available funds, will be sufficient at all times:

(1)        To pay the cost ofmaintaining, repairing, and operating the systems or parts thereof owned oroperated by the authority, including reserves for such purposes, and includingprovision for the payment of principal of and interest on indebtedness of apolitical subdivision or of political subdivisions which payment shall havebeen assumed by the authority, and

(2)        To pay the principalof and the interest on all bonds issued by the authority under the provisionsof this Article as the same shall become due and payable and to providereserves therefor.

The fees established underthis subsection must be made applicable throughout the service area. Schedulesof rates, fees, charges, and penalties for providing stormwater managementprograms and structural and natural stormwater and drainage system service mayvary according to whether the property served is residential, commercial, orindustrial property, the property's use, the size of the property, the area ofimpervious surfaces on the property, the quantity and quality of the runofffrom the property, the characteristics of the watershed into which stormwaterfrom the property drains, and other factors that affect the stormwater drainagesystem. Rates, fees, and charges imposed under this subsection for stormwatermanagement programs and stormwater and drainage system service may not exceedthe authority's cost of providing a stormwater management program and astructural and natural stormwater and drainage system. The authority's cost ofproviding a stormwater management program and a structural and naturalstormwater and drainage system includes any costs necessary to assure that allaspects of stormwater quality and quantity are managed in accordance withfederal and State laws, regulations, and rules.

No stormwater utility fee maybe levied under this subsection whenever two or more units of local governmentoperate separate stormwater management programs or separate structural andnatural stormwater and drainage system services in the same area within acounty. However, two or more units of local government may allocate amongthemselves the functions, duties, powers, and responsibilities for jointlyoperating a stormwater management program and structural and natural stormwaterand drainage system service in the same area within a county, provided thatonly one unit may levy a fee for the service within the joint service area. Forpurposes of this subsection, a unit of local government shall include aregional authority providing stormwater management programs and structural andnatural stormwater and drainage system services.

(a1)      If an authority hasa Web site maintained by one or more of its employees, the authority shallprovide notice of the imposition of or increase in rates, fees, and chargesunder subsection (a) of this section applicable solely to the construction ofdevelopment subject to Part 2 of Article 19 of Chapter 160A or Part 2 ofArticle 18 of Chapter 153A on the authority's Web site at least seven daysprior to the first meeting where the imposition of or increase in the rates,fees, and charges is on the agenda for consideration. During the considerationof the imposition of or increase in rates, fees, or charges under thissubsection, the authority shall permit a period of public comment. Thissubsection shall not apply if the imposition of or increase in rates, fees, andcharges is contained in a budget filed in accordance with the requirements ofG.S. 159‑12.

(b)        Notwithstanding anyof the foregoing provisions of this section, the authority may enter intocontracts relating to the collection, treatment or disposal of sewage or thepurchase or sale of water which shall not be subject to revision except inaccordance with their terms.

(c)        In order to insurethe payment of such rates, fees and charges as the same shall become due andpayable, the authority may do the following in addition to exercising any otherremedies which it may have:

(1)        Require reasonableadvance deposits to be made with it to be subject to application to the paymentof delinquent rates, fees and charges.

(2)        At the expiration of30 days after any rates, fees and charges become delinquent, discontinuesupplying water or the services and facilities of any water system or sewersystem of the authority.

(3)        Specify the order inwhich partial payments are to be applied when a bill covers more than oneservice.  (1955,c. 1195, s. 8; 1971, c. 892, s. 1; 1989 (Reg. Sess., 1990), c. 1004, s. 45;1991, c. 591, s. 4; 1991 (Reg. Sess., 1992), c. 1007, s. 47; 2000‑70, s.7; 2009‑436, s. 4.)