AGENDA #4n

MEMORANDUM
TO:	Chapel Hill Town Council
FROM:	Mayor Kevin Foy
SUBJECT:	Proposed Transfer of Wastewater From the City of Durham to OWASA for the Blenheim Woods Development (File No. 479A-02-001A)
DATE:	November 19, 2007

PURPOSE

Adoption of the attached resolution would provide the Town Council approval of a wastewater transfer for the Blenheim Woods Development.

The Town of Chapel Hill has received a request from Orange Water and Sewer Authority, on behalf of the City of Durham, to accept the proposed transfer of wastewater from the proposed Blenheim Woods development (see map, part of Attachment 2). This request is a follow-up item that was considered at the September 20, 2007 Orange County Assembly of Governments meeting. OWASA has requested Council approval, as required for wastewater transfers, in accordance with the interlocal Water and Sewer Management, Planning and Boundary Agreement (Attachment 1).

BACKGROUND

• December 3, 2001: The elected bodies of the Towns of Chapel Hill, Carrboro, and Hillsborough, as well as the Orange County Commissioners and OWASA entered into a Water and Sewer Management, Planning and Boundary Agreement regarding the mutual benefits regarding water and sewer boundaries and the planning and management thereof. The agreement includes provisions for wastewater transfers with approval by the Chapel Hill Town Council, the Carrboro Aldermen, the Orange County Commissioners, and the OWASA Board.
• August 6 and September 5, 2007: The City of Durham requested that OWASA accept a wastewater transfer from the proposed Blemheim development in Durham County, adjacent to the Chapel Hill Urban Services Boundary and the OWASA Service Boundary (Attachment 2).
• September 13, 2007: The OWASA Board of Directors approved Durham’s request for the transfer of wastewater.
• September 20, 2007: The Orange County Assembly of Governments considered the OWASA request for the transfer of wastewater behalf of the City of Durham.
• November 9, 2007: The OWASA Board of Directors requested that the Chapel Hill Town Council, the Carrboro Aldermen, and the Orange County Commissioners approve a request for the transfer of wastewater on behalf of the City of Durham (Attachment 3).

DISCUSSION

The Blenheim development, west of King George Road and east of Nottingham Drive, is located immediately east of the Chapel Hill Urban Services Boundary. Blenheim Woods is an approved 56-lot subdivision on a 21-acre site. The developer approached the City of Durham to provide wastewater service. The topography of the site drains towards existing OWASA sewer service along Nottingham Drive. The proposed development would be required to construct a sewer pump station to move the sewage to City of Durham sewer infrastructure. The City of Durham has requested that it be allowed to transfer its wastewater and connect to OWASA sewer service. This request does not pertain to water service and therefore would place no additional load on OWASA water supplies.

The interlocal Water and Sewer Management, Planning and Boundary Agreement allows the parties to the agreement to approve wastewater transfers. The basis for OWASA’s request and recommendation for approval to allow the transfer of wastewater from Durham, is as follows:

• Minimize the use of pump stations with their associated energy and maintenance costs, as well as increased risk of spills;
• Durham has confirmed this is a “one of a kind” request;
• No boundary adjustment implications;
• Current policy allows for approval of such requests;
• If approved, OWASA will recover all costs associated with the proposal;
• Under the existing agreement, Durham currently accepts a wastewater transfer from 59 OWASA customers in the Piney Mountain Subdivision; and
• Belief that it is appropriate for regional water and sewer utilities to support each other.

RECOMMENDATION

Following consultation with the Town Attorney and staff, I believe that OWASA’s recommendation and the reasons stated for the wastewater transfer are sufficient for approving this request. I recommend that the Council approve the attached Resolution, which would approve the wastewater transfer from the City of Durham to the OWASA service area, for the proposed Blenheim development. This transfer would only be for wastewater and would not permit the transfer of public water.

ATTACHMENTS

1. Water and Sewer Management, Planning and Boundary Agreement, Dated December 3, 2001 (begin new page 1).
2. Letters from Durham to OWASA requesting proposed wastewater transfer, Dated August 6, 2007 and September 5, 2007 (p. 20).
3. Proposed Transfer of Wastewater Letter From OWASA to Local Elected Officials, Dated November 9, 2007 (p. 27).