Pursuant to the provisions of § 15.2-2111, Code of
Virginia 1950, as amended, the entire area of Carroll County, Virginia,
as the same presently exists or may be hereafter modified, excluding
the corporate limits of the Town of Hillsville and any other incorporated
town within Carroll County, is hereby established as the exclusive
service area of the Public Service Authority for potable water services
and systems, and other entities are hereby prohibited from providing
water services and systems within Carroll County, Virginia, without
the express written permission of the Public Service Authority and
in accordance with the rules and regulations of the Public Service
Authority.
Notwithstanding any other provision of this article, those persons
having a private well or domestic water supply meeting applicable
standards established by the State Department of Health shall not
be required under this article to discontinue the use of such system.
However, such persons may be required to pay a monthly nonuser service
charge, which charge shall not be more than a) 45% of the minimum
monthly user charge for users connected to the public water system,
imposed by the Carroll County Board of Supervisors or the Carroll
County Public Service Authority, or b) the percentage of such minimum
monthly user charge equal to the ratio of debt service compared with
the total operating and debt service costs of the public system, whichever
is less. All fees charged will be in accordance with the rules and
regulations as adopted from time to time by the Carroll County Board
of Supervisors or the Carroll County Public Service Authority. The
Public Service Authority shall evaluate the applicable ratio of debt
service to operating costs on an annual basis, and shall adjust the
nonuser charge accordingly.
Those persons having a private water system meeting the requirements of the State Department of Health, and situated as described in §
235-21 must either connect to the publicly owned water system, or expand or replace such private system once that system ceases to function or ceases to serve its purpose. For the purpose of this section, "ceasing to function" and "ceasing to serve its purpose" shall mean that the private system is no longer in operation or no longer meets the applicable standards set by the State Department of Health and that complete replacement, addition, or expansion is required to repair the system to function properly or to meet the applicable State Department of Health standards.