2021-O-45 - Chapter 19ORDINANCE NO. 2021-0-45
AN ORDINANCE AMENDING CHAPTER 19 (UTILITIES
AND SERVICES) OF THE CODE OF ORDINANCES,
ARTICLE I (IN GENERAL) AND ARTICLE V (SOLID
WASTE COLLECTION & DISPOSAL), CITY OF
EDGEWATER, FLORIDA; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR CODIFICATION, AN
EFFECTIVE DATE AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. It is necessary for the preservation and enhancement of the public health, safety
and welfare and in the best interest of the city and its citizens to amend Chapter 19 (Utilities and
Services), Article I (In General) and Article V (Solid Waste Disposal), of the Code of
Ordinances to include changes reflecting the use of carts and other updates.
2. The City of Edgewater finds that the conditions identified above negatively
impact the City and the City has a significant interest in ensuring that properties in default are
managed and do not become blighted.
NOW THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater,
Florida:
PART A. AMEND CHAPTER 19 (UTILITIES AND SERVICES)
OF THE CODE OF ORDINANCES, ARTICLE I (IN GENERAL)
AND ARTICLE V (SOLID WASTE COLLECTION & DISPOSAL),
CITY OF EDGEWATER, FLORIDA; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR CODIFICATION, AN
EFFECTIVE DATE AND FOR ADOPTION.
Chapter 19 (Utilities and Services), is amended pursuant to Exhibit "A", which is
attached and incorporated herein.
PART B. CONFLICTING PROVISIONS
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance
are hereby superseded by this ordinance to the extent of such conflict.
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PART C. SEVERABILITY AND APPLICABILITY
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If
this ordinance or any provisions thereof shall be held to be inapplicable to any person, property,
or circumstances, such holding shall not affect its applicability to any other person, property or
circumstance.
PART D. CODIFICATION
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City
of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or
other appropriate word, and the sections of this ordinance may be renumbered or re -lettered to
accomplish such intention; provided, however, that Parts B through F shall not be codified.
PART E. EFFECTIVE DATE
This ordinance shall take effect upon adoption.
PART F. ADOPTION
After Motion to approve by Councilwoman Bennington, with Second by Councilwoman
Power, the vote on the first reading of this ordinance held on, September 13, 2021 was as
follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilwoman Megan O'Keefe X
Councilman Jonah Powers X
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After Motion to approve by &UnrtjDjt LY 04), ()'VUj p with Second by
1 Q 11(�a� fYY�f1�(�tt9Q�f1 the vote on the second
reading of this ordinance held on October 4, 2021, was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilwoman Megan O'Keefe <<
Councilman Jonah Powers k
PASSED AND DULY ADOPTED this 4`h day of October-, 2021.
ATTE�tb CITY COUNCIL OF THE
CITY OF EDGE ATER, FLORIDA
". jronhie Brown, CMC Mike T
City Clerk Mayor
For the use and reliance only by the City of Edgewater,
Florida Approved as to form and legality by:
Aaron R. Wolfe, Esquire
City Attorney
Doran, Sims, Wolfe & Yoon
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Approved by the City Council of the City of Edgewater
at a meeting held on this 4" day of October, 2021 under
Agenda Item No 8 I
EXHIBIT "A"
Chapter 19 UTILITIES AND SERVICES
ARTICLE L IN GENERAL
Sec. 19-1. Definitions.
Abbreviations: The following abbreviations shall have the designated meanings:
BMP means best management practices.
BOD means biochemical oxygen demand.
CFR means Code of Federal Regulations.
COD means chemical oxygen demand.
CWA means Clean Water Act.
DOH means the Florida Department of Health.
EDU means equivalent drainage unit.
EPA means environmental protection agency.
ERU means equivalent residential unit.
F.A.C. means Florida Administrative Code. Y
FOG means fats, oils and grease.
FDEP means Florida Department of Environmental Protection.
GT means grease trap.
IWDP means industrial wastewater discharge permit.
l means liter.
Mg means milligrams.
MGD means million gallons per day.
mg/1 means milligrams per liter.
MS4 means municipal separate storm sewer systems, i.e. the city's stormwater system.
NPDES means National Pollutant Discharge Elimination System.
SIC means standard industrial classification.
SIU means significant industrial user.
SWDA means Solid Waste Disposal Act 42 U.S.C. 6901 et seq.
TSS means total suspended solids.
U.S.C. means United States Code.
WTP means the water treatment facility or water treatment plant.
WWTP means wastewater facility or wastewater treatment plant.
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Act or the act (otherwise known as the Federal Water Pollution Control Act or the Clean
Water Act), means that act enacted by Public Law 92-500, October 18, 1972, 33 U.S.C. 1251 et
seq., as amended by Pub. L. 95-217, December 28, 1977; Pub. L. 97-117, December 29, 1981;
Pub. L. 97-440, January 8, 1983; and Pub. L. 100-04, February 4, 1987, and as may be amended
from time to time.
Approval authority means the administrator of the EPA, DOH, FDEP or other regulatory
agency.
Business or commercial applies to any establishment or firm wherein a business or
commercial certificate of use and business tax receipt is required by the city, except as otherwise
provided herein.
City means the City of Edgewater.
City council or council means the duly elected officials of the City of Edgewater.
City manager means the person designated by the city council to administer all city
activities.
Consolidated statement means the bill which has all utility service fees that the customer
has available or is using and may include any or all water, wastewater, reclaimed water,
stormwater, solid waste (refuse and recycling), and all associated delinquency and service fees
associated with the service(s).
County means the County of Volusia.
Customer means the actual user, potential user or beneficiary of the water, wastewater,
reclaimed water, stormwater or solid waste services provided by the city.
Department means the environmental services department, which includes the following
divisions: water, wastewater, field operations, wastewater collections, stormwater and solid
waste.
Developed property means any property altered in appearance by removal of vegetation,
grading of the ground surface and construction of a structure or impervious surface.
Director means the director of environmental services of the city or the director's authorized
representative.
District means the St. Johns River Water Management District.
Environmental protection agency or EPA means the United States Environmental
Protection Agency, or, where appropriate, the term may also be used as a designation for the
administrator or other duly authorized official of the agency.
Equivalent drainage unit (EDU) means a standard unit of measure determined to represent
the stormwater runoff generated by a typical residential unit (consisting of a weighted average of
a single-family and multi -family units) in the city. Such measure provides a basis for comparing
the runoff generated by one parcel with that generated by another.
Florida Department of Environmental Protection or FDEP means the State of Florida
Department of Environmental Protection, or where appropriate, the term may also be used as a
designation for the administrator or other duly authorized official of the agency.
Multiple dwelling means a structure or structures having more than one single family unit,
and shall include apartment buildings, condominiums, motels and hotels.
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Nonresidential unit means any building, structure or facility used other than as a dwelling
unit or single-family unit.
Owner, tenant, occupant shall include the executors, administrators, successors, and assigns
of the person referred to; and the covenants and agreements contained in any contract between
the department and its consumers should be binding upon an inure to the benefit of the
successors, heirs, executors, administrators or assigns of the respective persons thereto.
Private means that property or facilities owned by individuals, corporations, and other
organizations and not by a city, county, state or federal government agency.
Reclaimed water means the water that meets the current state department of environmental
protection standards for reuse after flowing out of any treatment plant or works.
Recyclable materials shall mean those materials which are capable of being recycled and
which would otherwise be processed or disposed of as solid waste including newspapers, glass
and plastic containers, aluminum cans and such other materials as designated by resolution of the
city council.
Refuse means household garbage and items meant to be discarded other than recyclable
materials, trash, construction debris and hazardous waste.
Residence means a single-family residential unit and includes mobile homes, manufactured
homes and each individual unit in a townhome, apartment complex or condominium.
Reuse means the deliberate application of reclaimed water for beneficial purpose. Uses
include landscape irrigation, agricultural irrigation, aesthetic uses, ground water recharge,
industrial uses, fire protection or other useful purposes.
Shall is mandatory, may is permissive.
State means the State of Florida.
Superintendent means the superintendents of the various divisions of the environmental
services department of the city.
Trailer park, mobile home park means any business enterprise maintaining a premises for
the rent of mobile homes, manufactured homes or house trailers or mobile home, manufactured
home or house trailer sites, and each mobile home, manufactured home or trailer contained in
said trailer park or mobile home park shall be considered as a separate unit whether or not the
same is permanently affixed to the realty.
Trash means all accumulations of grass, shrubbery or weed cuttings, pine needles, and other
refuse incident to the care of lawns, shrubbery, vines and gardens. The term "trash" shall not be
taken to include used or broken appliances, furniture, bedding, building materials, lumber or
other material of like nature.
Utility system means water, wastewater, solid waste, stormwater and reclaimed water.
Vacant means any piece or parcel of land that is without any building, structure,
appurtenance, or improvements.
Wastewater means the liquid and water -carried industrial or domestic wastes from
dwellings, commercial buildings, industrial facilities and institutions, together with any solids
and other pollutants which may be present, whether treated or untreated, which is contributed
into or permitted to enter the WWF.
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Wastewater system means pipes, pumps, force mains, wastewater treatment plant and any
other appurtenances that collect and treat wastewater.
Wastewater treatment plant or WWTP means a treatment works as defined by section 212
of the Act (33 U.S.C. 1292) which is owned by the city. This definition includes any or all of the
collection/transmission system, treatment plant, and reuse or disposal system.
Sec. 19-2. Utility deposit, service charge and transfer fee.
(a) The owner of each property receiving utility services provided by the city, regardless of
whether the residence or building on the property is being occupied by the owner and
regardless of the date or means by which the owner came into ownership of the residence,
shall be absolutely responsible for the payment of all fees, rates or charges relating to
utilities and services provided for the property, unless the city has contracted with the
owner's tenant at the owner's request. Absence of such notification shall be assumed by the
city that the property is owner occupied or vacant. If the owner of the property so desires,
the city will enter into a contract with the owner's tenant whereby the tenant will be solely
responsible to pay charges for base water, sewer, refuse, stormwater, and reclaimed water as
well as charges for water, sewer and reclaimed water consumption. If the city has entered
into a contract with the owner's tenant, the account will revert back to the property owner
once the tenant or owner notifies the city of termination, or in the event of services being
disconnected for “reason of nonpayment” for 30 consecutive days services and the account
is 60 days past due, the City shall be entitled to terminate close Tenant account with the
City and account will revert back to owner. In this event, the property owner will then be
solely and absolutely responsible for the payment of all fees, rates or charges relating to
utilities and services provided for the property including charges for base water, sewer,
refuse, stormwater, and reclaimed water as well as water, sewer and reclaimed water
consumption, until such time that the city is notified that a new tenant occupies the property
and establishes an account. . The City may deny tenant billing where there is a pattern of
unpaid tenant accounts at a property. The City may refuse to open a separate water service
account in the name of a tenant, if the owner of the property has a delinquent account, until
the owner pays all delinquencies in full.
(b) The city may require a utility deposit and a service charge before water, wastewater,
reclaimed water, stormwater and/or refuse service(s) are initiated to any equivalent
residential unit (ERU) as defined in article II. The utility deposits and service charges
required before the initiation of service are as established by resolution of the city council.
For those connections made outside the city limits, said charges shall be in an amount equal
to the equivalent charge for a corresponding connection inside the city limits plus a
surcharge in amount allowed by applicable state statutes and established by resolution of the
city council. Except upon receipt of a request as provided in subsection (c), the city shall
retain the deposit as established by resolution of the city council. The deposit amount shall
be applied to the current or final bill. Any amount remaining at termination of account shall
be returned to the customer. However, no refund checks on deposits shall be issued for an
amount less than $10.00.
(c) Upon written request, a customer, provided they are the land owner, may request that a
credit refund in the amount of the utility deposit be given after establishment of 36
successive months of good credit. Good credit shall be defined as no service shutoff and no
penalty for late payment during any successive 36 -month period. Upon receipt of the
written request by the finance department, the refund shall be applied during the next billing
cycle. An additional deposit and service charge in the amount set forth in subsection (b)
shall be required if subsequent to application of the credit refund, service is shut off and a
request for reinstitution of service is made.
(d) Tenant customers are not permitted to receive a deposit refund until account termination.
The deposit amount shall be applied to the final bill. Any amount remaining at termination
of account shall be returned to the customer. However, no refund checks on deposits shall
be issued for an amount less than $10.00.
Sec. 19-3. Unpaid fees to constitute lien.
The city may place liens on properties for all unpaid utility bills, including consumption
when the account is in the owner's name and/or the property is occupied by the owner.
If the fees, rates or charges for the utilities and services provided for the owner occupied
and/or vacant property are not paid as and when due, any unpaid balance with interest, as
established in the fee resolution, from the due date may be placed as a lien on any lands or
premises affected or served thereby. Such liens shall be superior and paramount to the interest in
such lands or premises of any owner, lessee, tenant, mortgagee or other person except the lien of
state, county and municipal taxes and shall be on a parity with the lien of such state, county and
municipal taxes. If any such fee, rate or charge shall not be paid as and when due and shall be in
default for 30 days or more, the unpaid balance thereof and all interest accrued thereon, together
with attorneys' fees and costs, may be recovered and such liens may be foreclosed by the city in
the manner provided by the laws of the state for the foreclosure of mortgages on real property.
Sec. 19-4. Unlawful connections.
No person shall be allowed to connect into any water, wastewater or reclaimed water line
owned by the city without the consent of the city. Such connection(s) shall be made under the
direction and supervision of the city. Any person making a connection without such consent of
the city shall, upon conviction, be subject to punishment as provided in section 19-29.
Sec. 19-5. No free service.
No water, wastewater, reclaimed water, stormwater or solid waste service shall be furnished
or rendered free of charge to any person whatsoever. A minimum bill shall be rendered whether
service is used or not.
Sec. 19-6. Payment of bills; service charges.
(a) Rates for water, wastewater, reclaimed water, stormwater, refuse and recycling services
shall be as established by resolution of the city council. Bills for the monthly fee for water,
wastewater, reclaimed water, stormwater, refuse and/or recycling services shall be payable
as of the billing date. A delinquency charge as established by resolution of the city council
for utility service(s) shall be charged against the customer by the city if the customer shall
fail to pay the charges due for those utility service(s) within 20 days of the billing date of
said charges. Should there be a failure by the customer receiving utility service(s) to pay the
bill in full for said service not later than 30 days from the billing date for said service, then
said service may be terminated and shall not be reinstated after discontinuance until all past
due water, wastewater, reclaimed water, stormwater, refuse and/or recycling bills are fully
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paid, together with said delinquency charge for past due bills and payment of a service
charge as established by resolution of the city council for reinstatement during normal
working hours. A service charge as established by resolution of the city council shall be
imposed for reinstatement made during other than normal working hours. No service will be
discontinued for a delinquent bill of less than the amount as identified in the fee resolution.
The utility fees are part of a consolidated statement for a utility customer which is generally
paid by a single payment. In the event that a partial payment is received, the payment shall
first be applied to utility tax, next applied to penalties, next applied to recycling, next
applied to refuse, next applied to stormwater, next applied to wastewater, next applied to
reclaimed water, next applied to irrigation water, and finally applied to the water account.
(b) Customers who have an outstanding bill at one location shall not be served utilities at a new
location until such time that all charges and fees are paid on the previous account.
(c) In the instance that the City has opted to utilize the Non -Ad Valorem Assessment method of
collection for Stormwater, Prior to the building department issuing a
certificate of occupancy on a residential dwelling or commercial structure, the builder or
owner is required to pay the annual solid waste and stormwater assessment for residential
dwelling or commercial structure if services are to be provided. These assessments covers
the cost for removal of garbage, recycling, yard waste, and other solid waste programs and
stormwater management. Each improved property within the City of Edgewater is charged
the solid waste and stormwater assessment.
These assessments are will be prorated for the month that the certificate of occupancy is
applied for, and --it covers the remainder of that fiscal year (October 1 - September 30).
Subsequent assessments may beare charged each year on the property tax bill after the City of
Edgewater Council approves the annual rate and certifies the solid waste and stormwater
assessment roll to the tax collector. If the City has not elected to utilize the Non -Ad Valorem
Assessment method of collection for se4d-A.aate-a;,d-Stormwater, these charges will be included
in the monthly utility bill
Sec. 19-7. Same Rate increase; annual review of rates.
The foregoing rates shall be reviewed annually by the city council to determine if revenues
are sufficient to properly operate and maintain the utility systems. The city council at that time
will take official action concerning the utility rates.
Sec. 19-8. Maintenance of plumbing system.
Either the tenant or property owner, as agreed pursuant to the terms of the lease, shall be
responsible for maintaining and repairing the water, wastewater and reclaimed service from the
privately owned plumbing system to the city distribution water lines, reclaimed water lines and
wastewater lines. In the absence of any such lease provision, the owner shall be responsible for
maintaining and repairing the water, wastewater and reclaimed service from the privately owned
plumbing system to the city distribution water lines, reclaimed water lines and wastewater lines.
In the event of a wastewater line obstruction, including, but not limited to grease, toys and
diapers, it shall be the responsibility of either the tenant or property owner to hire a private
plumbing contractor to clear the obstruction. The cost of a private plumbing contractor is solely
the responsibility of either the tenant or property owner. Failure to keep the wastewater pipe, i.e.,
the pipe leading from the plumbing system to the city main, cleaned and maintained in the proper
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manner will give the city the right to discontinue potable water service until the wastewater pipe
is cleaned and maintained properly. Failure to repair water leaks, potable or reclaimed, in a
timely manner shall grant the city the right to discontinue such water service until repairs are
made.
Sec. 19-9. Expansion of utility systems outside the City of Edgewater.
Where water, wastewater and/or reclaimed water service is requested beyond the limits of
the present distribution/collection systems, the city shall make determination as to whether or not
to provide service based on economic, public health, and system integrity considerations. In the
event the application is determined to be economically unfeasible, service may still be provided
if the persons requesting such service pay all costs in connection therewith. The city council shall
have the power and authority to authorize said extension(s) upon whatever terms and conditions
the city council shall determine to be in the best interest of the utility system and customers
thereof. At the discretion of the city council, the policy of the city may be to limit expansion or
extension of the utility systems owned by the city.
ARTICLE II. WATER
Sec. 19-10. Equivalent residential unit (E.R.U.).
(a) Residential. Each single-family residence served by the city through a single wastewater
service and/or water meter ( %" x3/4") shall be one equivalent residential unit.
(b) Multi family residential. Unless specifically identified in a development order, each
residential room, combination of rooms, apartment or prepared mobile home space that is
occupied, offered separately for rent as a rental unit, or vacant shall be one equivalent
residential unit regardless if all are served by one meter.
(c) Nonresidential. For nonresidential uses not specifically defined elsewhere in this chapter,
the number of equivalent residential units shall be computed as defined by chapter 21, Code
of Ordinances of the City of Edgewater, Florida Department Public Health (DOH) or
Florida Department of Environmental Protection permit application. Each independent unit
shall be one equivalent residential unit regardless if all are served by one meter.
(d) Level of service. The city's adopted level of services (LOS) for water shall be established in
the City of Edgewater Comprehensive Plan and identified as gallons per day (gpd) per
equivalent residential unit (E.R.U.).
(e) Changes in E.R. U.'s. If a building permit is issued for an existing nonresidential,
commercial, or industrial connection which will increase water demand, or if a building
changes from residential to nonresidential property occupancy, the net change in gallons
shall be determined by subtracting old flow in gallons from the total new number of flow in
gallons in the entire facility. The fee will be assessed on the new flow in gallons.
(f) Multiple minimum. Each equivalent residential unit will be subject to a minimum charge.
The minimum charge for a building complex served through one water meter will be the
current E.R.U. minimum for the in -city or if applicable, out -of -city accounts for each
equivalent residential unit. Monthly water allowance under the minimum billing will be
equal to one current allowance for single service per equivalent residential unit.
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Sec. 19-11. Meters and connections to water distribution system required.
(a) Each building or outlet (except fire hydrants and fire protection systems) whether public or
private shall be served by the city water system through a metered connection.
(b) The owner of each lot or parcel of land within the city upon which lot or parcel of land any
building, structure or trailer used as a dwelling or to be occupied by human beings in or
situated or shall hereafter be situated, for either residential, commercial or other use, shall
connect or cause such building, structure or trailer to be connected with the public water
distribution system of the city; provided, however, that this section shall only apply to lots
or parcels where the department has certified by the department of health that said lot is
available for water services through the water distribution system.
(c) If the unit is occupied when service was certified to be available, the connection shall be
made within 90 days of written notification by the city. The owner shall be liable for all
impact fees, connection fees and deposits at the time said connection is made.
Sec. 19-12. Water impact fees and connection charges.
(a) Impact fees shall be established by resolution of the city council. Impact fees shall be based
on a new user's contribution toward its equitable share of the cost of capital improvements
required to serve new users.
(b) Water connection charges shall be required for each water connection based on fees
established from time to time by resolution of the city council.
(c) Impact fees and connection charges shall be required for each connection made to the
potable water system. For those connections made outside the city limits, said charge shall
be in an amount equal to the equivalent charge for a corresponding connection inside the
city limits plus a surcharge in an amount allowed by applicable state statutes and established
by resolution of the city council.
Sec. 19-13. Water utility fees.
(a) All bills for water utility fees shall be incorporated in the consolidated statement for utility
services and shall be payable in accordance with section 19-7. The water usage charges
shall become effective upon installation of the water meter or when availability of such
water service occurs as outlined within the City of Edgewater Code of Ordinances Land
Development Code and this section.
(b) The established fees shall be applicable irrespective of whether the customer is using said
service.
Secs. 19-14-19-16. Reserved.
Sec. 19-17. Extraordinary service calls.
(a) There shall be a service charge for a customer request of a meter bench test for accuracy. If
the meter is found to be malfunction, this charge will be credited.
(b) Extraordinary service calls, outside of regular maintenance, shall require a charge; for
example, locating the meter when covered during sodding or filling on the property. Actual
replacement cost shall be charged for meter damage caused by building or construction on
the property or any other causes.
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(c) Charges for meter bench tests and/or extraordinary service calls outside of regular
maintenance shall be as established by resolution of the city council.
Sec. 19-18. Special provisions for water for irrigation and swimming pools.
(a) Separate meter authorized. Upon request of any customer and upon payment of the fees and
charges herein authorized and established, the city shall install for such customer a separate
water meter for the purpose of measuring the amount of water used by such customer only
for irrigation and/or swimming pool purposes.
(b) Deposit, connection charge and impact fee. The amount of the deposit, connection charge
and impact fee for each such meter, and the charge for water metered through such meter,
shall be the same as established by resolution of the city council.
(c) Wastewater excluded in computing utility bills. All water measured through such irrigation
meters shall be excluded from the computation of wastewater consumed under the terms of
section 19-35, for the purpose of computing the monthly wastewater service charge, and the
rates for wastewater service established by section 19-7 of this chapter shall not be applied
to water measured through such meters.
(d) Location of meters; consumer to provide connections; city's right -of -entry. Such irrigation
meters shall be placed by the city only on property on which the city has an easement or
right-of-way, and the customer shall be responsible for providing connections from such
meter to his home property. The city, through its officers, agents and employees, shall have
a right of access to any property upon which such irrigation meter or connections thereto is
located, for the purpose of inspecting the same or otherwise regulating the operation of said
irrigation meter under the terms of this section.
Sec. 19-19. Special provisions for temporary metering.
(a) Water used to fill tank trucks, such as pest control vehicles, from city approved sources
shall be measured through a meter provided by the city. Notice of the filling operation must
be approved prior to the customer's use. Water consumed by the customer shall be billed at
the applicable rate for the appropriate classification of the user.
(b) Water used by developers of property shall be metered. Meters may be obtained from the
city. Water consumed shall be billed in accordance with the applicable rate for the
appropriate classification of the user. Hydrant meters shall require a deposit as set forth by
resolution of the city council.
Secs. 19-20,19-21. Reserved.
Sec. 19-22. Tampering with meters, tap, etc.; unlawful.
It shall be unlawful for any person to open a hydrant or tap, or to take water therefrom, or in
any manner to tamper with any meter, or extend water pipe, or open or use any sealed fixture
placed in or about a building exclusively for fire protection except in cases of fire, or to tamper
with, remove or injure any curb or meter box or install below finished grade. The building
official for the city shall not issue a certificate of occupancy for any new building as long as any
of the violations listed herein remain uncorrected.
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Sec. 19-23. Booster pumps not to be connected to water systems.
No person shall connect any booster pump to the city water distribution system, or to any
distribution system to which the city supplies water, without the express written permission of
the city.
Sec. 19-24. Limitations of structures.
(a) Any structure which does not have a service meter installed for the purpose of measuring
water from the city, or from a distribution system which receives its water supply from the
city, shall not be served with city water.
(b) No building permit for any structure shall be issued by the city until preliminary plans for
the building water supply system have been examined by the department of environmental
services and certified to be in compliance herewith. Further, before actual connection of the
water service meter, the department of environmental services shall have received certified
compliance that the potable water system was constructed in compliance with the
FDEP/DOH permit.
Sec. 19-25. Cross-connection—General policy.
(a) Purpose. The purpose of this section is to:
(1) Protect the public potable water supply of the city from the possibility of
contamination or pollution by isolating within its customer's private water
system(s) such contaminants or pollutants which could backflow or back -siphon
into the public water supply system.
(2) Promote the elimination or control of existing cross -connections, actual or
potential, between its customer's in -plant potable water system(s) and non -potable
water systems, plumbing fixtures and industrial piping systems.
(3) Provide for the maintenance of a continuing program of cross -connection which
will systematically and effectively prevent the contamination or pollution of all
potable water systems.
(b) Responsibility. The city shall be responsible for the protection of the public potable water
distribution system from contamination or pollution due to the backflow or back -siphonage
of contaminants or pollutants through the potable water system. An approved backflow
prevention device is required at the city's water service connection to any customer's
premises for the safety of the water system. The city shall give notice in writing to said
customer to install such approved backflow prevention device at each service connection to
his premises. The customer shall immediately install such approved device or devices at his
own expense; and failure, refusal or inability on the part of the customer to install said
device or devices immediately shall constitute a ground for discontinuing water service to
the premises until such device or devices have been properly installed. For residential
reclaimed water customers, the city shall purchase and install the backflow device as part of
the connection fee for the reclaimed water service. This device remains the property of the
city.
Sec. 19-25.1. Same—Requirements.
(a) Water system.
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(1) The water system shall be considered as made up of two parts: The utility system
and the customer system.
a. The utility system shall consist of the source facilities and the distribution
system; and shall include all those facilities of the water system under the
complete control of the utility, up to the point where the customer's system
begins.
1. The source shall include all components of the facilities utilized in the
production, treatment, storage and delivery of water to the distribution
system.
2. The distribution system includes the network of conduits used for the
delivery of water from the source to the customer's system.
b. The customer's system shall include those parts of the facilities beyond the
termination of the utility distribution system which are utilized in conveying
utility -delivered domestic water to points of use and under the complete
control of the customer.
(b) Policy.
(1) No water service connection to any premises shall be installed or maintained by the
city unless the water supply is protected as required by state laws and regulations
and this chapter. Service of water to any premises shall be discontinued by the city
if a backflow prevention device required by this chapter is not installed, or if it is
found that a backflow prevention device has been removed, bypassed, damaged or
if an unprotected cross -connection exists on the premises. Service will not be
restored until such conditions or defects are corrected.
(2) The customer's system should be open for inspection at all reasonable times to
authorized representatives of the city to determine whether cross -connections or
other structural or sanitary hazards, including violations of these regulations, exist.
When such a condition becomes known, the city shall deny or immediately
discontinue service to the premises by providing for a physical break in the service
line until the customer has corrected the condition(s) in conformance with state and
city rules and regulations relating to plumbing and water supplies and the
regulations adopted pursuant thereto.
(3) An approved backflow prevention device shall also be installed on each service line
to a customer's water system at or near the property line or immediately inside the
building being served; but in all cases, before the first branch line leading off the
service line wherever the following conditions exist:
a. In the case of premises having an auxiliary water supply which is not or may
not be of safe bacteriological or chemical quality and which is not acceptable
as an additional source by the city, the public water system shall be protected
against backflow from the premises by installing a backflow prevention device
in the service line appropriate to the degree of hazard.
b. In the case of premises on which any industrial fluids or any other
objectionable substance is handled in such a fashion as to create an actual or
potential hazard to the public water system, the public system shall be
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protected against backflow from the premises by installing a backflow
prevention device in the service line appropriate to the degree of hazard. This
shall include the handling of process waters and waters originating from the
utility system which have been subject to deterioration in quality.
c. In the case of premises having (1) internal cross -connection that cannot be
permanently corrected and controlled, or (2) intricate plumbing and piping
arrangements or where entry to all portions of the premises is not readily
accessible for inspection purposes, making it impracticable or impossible to
ascertain whether or not dangerous cross -connections exist, the public water
system shall be protected against backflow from the premises by installing a
backflow prevention device in the service line.
(4) The type of protective device required under this article shall depend upon the
degree of hazard which exists as follows:
a. In the case of any premises where there is an auxiliary water supply as stated in
this article and it is not subject to any of the following rules, the public water
system shall be protected by an approved air -gap separation or an approved
reduced pressure principle backflow prevention device.
b. In the case of any premises where there is water or substance that would be
objectionable but not hazardous to health, if introduced into the public water
system, such as reclaimed water, the public water system shall be protected by
an approved double check valve assembly.
c. In the case of any premises where there is any material dangerous to health
which is handled in such a fashion as to create an actual or potential hazard to
the public water system, the public water system shall be protected by an
approved air -gap separation or an approved reduced pressure principle
backflow prevention device. Examples of premises where these conditions will
exist include sewage treatment plants, sewage pumping stations, chemical
manufacturing plants, hospitals, mortuaries and plating plants.
d. In the case of any premises where there are "uncontrolled" cross -connections,
either actual or potential, the public water system shall be protected by an air -
gap separation or an approved reduced pressure principle backflow prevention
device at the service connection.
e. In the case of any premises where, because of security requirements or other
prohibitions or restrictions, it is impossible or impractical to make a complete
in -plant cross -connection survey, the public water system shall be protected
against backflow or back -siphonage from the premises by the installation of a
backflow prevention device in the service line. In this case, maximum
protection will be required; that is, an approved air -gap separation or an
approved reduced pressure principle backflow prevention device shall be
installed in each service to the premises.
(5) Any backflow prevention device required herein shall be of a model and size
approved by the city. The term "approved backflow prevention device" that has
been manufactured in full conformance with the standards established by the
American Water Works Association entitled: "AWWA C506-69. Standards for
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Reduced Pressure Principle and Double Check Valve Backflow Prevention
Devices," and, have met completely the laboratory and field performance
specifications of the Foundation for Cross -Connection Control and Hydraulic
Research of the University of Southern California established by: "Specifications of
Backflow Prevention Devices - #69-2," dated March, 1969, or the most current
issue. Said AWWA and FCCC&HR standards and specifications have been
adopted by the department. Final approval shall be evidenced by a "certificate of
approval" issued by an approved testing laboratory certifying full compliance with
said AWWA standards and FCCC&HR specifications. The following testing
laboratory has been qualified by the department to test and certify backflow
preventers: "Foundation for Cross -Connection Control and Hydraulic Research";
"University of Southern California"; "University Park"; Los Angeles, California
90007." Testing laboratories other than the laboratory listed above will be added to
an approved list as they are qualified by the department. Backflow preventers
which may be subjected to back pressure or back -siphonage that have been fully
tested and have been granted a certificate of approval by said qualified laboratory
and are listed on the laboratory's current list of "approved devices" may be used
without further test or qualification.
(6) It shall be the duty of the city at any premises where backflow prevention devices
are installed to have certified inspections and operational tests made at least once
per year. However, residential reclaimed water connections which have a backflow
prevention device on the potable water supply shall be inspected biennially by the
city. In those instances where the city deems the hazard to be great enough, the city
may require certified inspections at more frequent intervals. These inspections and
tests shall be at the expense of the water user and shall be performed by a certified
city tester. The required non-residential backflow device testing/inspections shall
be conducted by the city at required/specified intervals. Said fees for inspections
and tests shall be as established by resolution of the city council. These devices
shall be repaired, overhauled or replaced at the expense of the customer -user
whenever said devices are found to be defective. Records of such tests, repairs, and
overhaul shall be kept and made by the city.
(7) All presently installed backflow prevention devices which do not meet the
requirements of this section, but were approved devices for the purposes described
herein at the time of installation and which have been maintained, shall, except for
the inspection and maintenance requirements under subsection (b)(1), be excluded
from the requirements of these rules so long as the department is assured that they
will satisfactorily protect the utility system. Whenever the existing device is moved
from the present location or requires more than minimum maintenance or when the
department finds that the maintenance constitutes a hazard to health, the unit shall
be replaced by a backflow prevention device meeting the requirements of this
section.
Sec. 19-26. City's right to refuse service.
The city shall refuse to supply water service to any customer or structure which does not
comply with the requirements of sections 19-24 and 19-25. No consecutive water distribution
system which receives its water supply from the city shall permit any customer or structure to
connect with such water distribution system in violation of sections 19-24 and 19-25.
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Secs. 19-27, 19-28. Reserved.
Sec. 19-29. Penalty for violation of sections 19-1 through 19-26.
Any person violating any of the provisions of sections 19-1 through 19-28 [19-26] or failing
to comply therewith shall be deemed guilty of a misdemeanor and may be subject to fines as
outlined by resolution of the city council as approved by resolution of the city council. Each day
any such violation shall continue shall constitute a separate offense.
ARTICLE III. WASTEWATER
Sec. 19-30. Purpose and policy.
This article sets forth uniform requirements for direct and indirect contributions into the
wastewater collection and treatment system for the city and enables the city to comply with all
applicable state and federal laws required by the Clean Water Act of 1977 and the General
Pretreatment Regulations (40 CFR Part 403). The objectives of this article are as follows:
(a) To prevent the introduction of pollutants into the municipal wastewater system
which will interfere with the operation of the system or contaminate the resulting
sludge;
(b) To prevent the introduction of pollutants into the municipal wastewater system
which will pass through the system, inadequately treated, into receiving waters or
the atmosphere or otherwise be incompatible with the system;
(c) To improve the opportunity to recycle and reclaim wastewaters and sludge from the
system; and
(d) To provide for equitable distribution of the cost of the municipal wastewater
system.
This article provides for the regulation of direct and indirect contributors to the municipal
wastewater system through the issuance of permits to certain nondomestic users and through
enforcement activities, requires user reporting, assumes that existing customer's capacity will not
be pre-empted, and provides for the setting of fees for the equitable distribution of costs resulting
from the program established herein.
This article shall apply to the city and to persons outside the city who are, by contract or
agreement with the city, users of the city's publicly owned treatment works.
Sec. 19-31. Equivalent residential unit (E.R.U.).
(a) Residential. Each single-family residence served by the city through a single wastewater
service and/or water meter shall be one equivalent residential unit.
(b) Multi family residential. Unless specifically identified in a development order, each
residential room, combination of rooms, apartment or prepared mobile home space that is
occupied, offered separately for rent as a rental unit, or vacant shall be one equivalent
residential unit regardless if all are served by one meter.
(c) Nonresidential. For nonresidential uses not specifically defined elsewhere in this chapter,
the number of equivalent residential units shall be computed by the building official using
the fixture unit count as defined by chapter 21, Code of Ordinance of the City of Edgewater,
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Florida Department of Health or by a licensed professional engineer through the Florida
Department of Environmental Protection permit application.
(d) Level of service. The city's adopted level of service (LOS) for wastewater flow shall be
established in the City of Edgewater Comprehensive Plan and identified as gallons per day
(gpd) per equivalent residential unit (E.R.U.).
(e) Changes in E.R. U.'s. If a building permit is issued for an existing connection which will
increase wastewater demand, or if a building changes from residential to nonresidential
occupancy, the net change in gallons generated for the old and new parts of the facility shall
be computed by subtracting the old gallons generated from the total gallons generated in the
entire facility. The fee will be assessed on the number of new gallons generated.
(f) Multiple minimum. Each equivalent residential unit will be subject to a minimum charge.
The minimum charge for a building complex served through one water meter will be the
current E.R.U. minimum for in -city, or if applicable, out -of -city accounts for each
equivalent residential unit. Monthly wastewater allowance under the minimum billing will
be equal to one current allowance for single service per equivalent residential unit.
Sec. 19-32. Owners, occupants of property abutting wastewater system required to connect.
The owners or occupants of lots or parcels abutting on a wastewater main, or which can use
the services and facilities of the wastewater system of the city, are hereby required to connect
with and use the services and facilities of said wastewater system. Such connection shall be made
prior to the certificate of occupancy being issued. The connection shall be made by the owners or
occupants of all lots or parcels which are located within 100 feet of such wastewater mains.
Where extensions to the wastewater system are needed, the owner shall be responsible for all
engineering, permitting and construction costs. If the unit was already occupied when service
was made available, then the connections shall be made within 90 days of the date of notification
from the city that service is available. Provided, however, that no person shall be required to
cross private property of another to make such connection or connections to the municipal
wastewater system. The owner shall be liable for all impact fees, connection fees and deposits
required.
Sec. 19-33. Unauthorized connections prohibited.
(a) It shall be unlawful for any person to tap, cut or in any way use any line, branch, or part of
the municipal wastewater collection and wastewater treatment facilities without a written
permit issued by the city and without payment of all fees required by the city for the use of
such facilities.
(b) A separate and independent building wastewater connection shall be provided for every
building, except where one building stands at the rear of another on an interior lot and no
private wastewater line is available or can be constructed to the rear building through an
adjoining alley, court, yard, or driveway, the front building may be extended to the rear
building and the whole considered as one building wastewater connection, but the city does
not and will not assume any obligation or responsibility for damage caused by or resulting
from any such single connection aforementioned.
(c) Old building wastewater laterals may be used in connection with new buildings only when
they are found to meet all requirements of this section and city standards. Any tests required
to ensure compliance shall be at the owner's expense.
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Sec. 19-34. Wastewater impact fees and connection charge.
(a) Impact fees shall be established by resolution of the city council. Impact fees shall be based
on a new user's contribution toward its equitable share of the cost of capital improvements
required to serve new users.
(b) Wastewater connection charges shall be required for each wastewater connection based on
fees as established by resolution of the city council. If a lateral service needs to be installed,
the property owner shall be billed by the city for actual cost of labor and materials to install
such lateral.
(c) Impact fees and connection charges outside the city shall be in amount equal to the
equivalent charge for a corresponding connection inside the city limits plus a surcharge in
amount allowed by applicable state statutes and established by resolution of the city council.
Sec. 19-35. Wastewater utility service fees.
(a) All bills for wastewater utility fees shall be incorporated into the consolidated statement and
shall be payable in accordance with section 19-7. The wastewater utility fees shall become
effective upon the construction of all connections thereto in the wastewater system serving
such lot or parcel, or the availability of such wastewater system to serve such lot or parcel,;
provided, however, that as to new construction, wastewater utility fees shall accrue upon
issuance of the certificate of occupancy (CO).
(b) The established fees shall be applicable irrespective of whether the customer is using said
service.
Sec. 19-36. Schedule of monthly charges.
Wastewater service charges shall be based on water consumption as determined by the
monthly water meter readings. Wastewater rates shall be as established by resolution of the city
council.
Sec. 19-37. Making or maintaining connections for disposal of certain substances
prohibited.
No person shall make or maintain any connection with any public or private wastewater, or
appurtenance thereof, whereby there may be conveyed into the same suffocating corrosive,
inflammable or explosive liquid gas, vapor, substance or material.
Sec. 19-38. Prohibition of acts or substances which impair, obstruct wastewater flow
regulation of fats, oils, and grease (fog).
(a) General. No person shall do any act or thing which may impair or obstruct the flow to any
public or private wastewater line or clog up any appurtenance thereof, or place therein any
substance, solid or liquid, other than the waste products for which wastewater lines are
provided.
(b) Regulation of fats, oils and grease (FOG). This chapter sets forth the requirements to aid in
the prevention of sanitary sewer blockages, obstructions, and overflows due to the
contribution and accumulation of fats, oils, and greases into said sewer system from
commercial, industrial, and institutional food service establishments.
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(1) Definitions. For the purposes of this section, the following words shall have the
following meanings.
a. Black water means wastewater containing human waste from sanitary fixtures
such as toilets and urinals.
b. Brown grease means fats, oils, and greases that are discharged to the grease
control equipment.
c. City shall mean the City of Edgewater.
d. Director means the director of environmental services department or designee.
e. FOG (fats, oil, and grease) means organic polar compounds derived from
animal and/or plant sources. FOG may be referred to as "grease" or "greases"
in this chapter.
f. Food service establishment (FSE) means any establishment, business or
facility engaged in preparing, serving or making food available for
consumption. Single-family residences are not an FSE, however, multi -
residential facilities may be considered an FSE at the discretion of the city.
g. Gray water refers to all other wastewater other than black water as defined in
this chapter.
h. Grease control equipment (GCE) means a device for separating and retaining
wastewater FOG prior to wastewater exiting the FSE and entering the city's
sewer system. Devices include grease interceptors, grease traps, or other
devices approved by the city.
i. Grease interceptor means grease control equipment as a large tank, usually
1,000 to 3,000 gallon capacity, which provides FOG control for an FSE.
Grease interceptors will be located outside the FSE at a location easily
accessed by the city unless a variance request has been granted.
j. Grease recycle container means a container used for the storage of yellow
grease.
k. North American Industry Classification System (NAICS).
1. Class 1: Deli - Engaged in the sale of cold cut and microwaved
sandwiches/subs with no frying or grilling onsite, ice cream shops and
beverage bars as defined by NAICS 77213, mobile food vendors as defined
by NAICS 722330.
2. Class 2: Limited - Service restaurants (a.k.a. fast food facilities, daycares) as
defined by NAICS 722211 and caterers as defined by NAICS 722320.
3. Class 3: Full-service restaurants as defined by NAICS 722110.
4. Class 4: Buffet and cafeteria facilities as defined by NAICS 72212.
5. Class 5: Institutions (schools, hospitals, prisons, etc.) as defined by NAICS
722310 but not excluded self -run operations.
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1. NOV (Notice of violation) means a written notice informing a FSE owner or
grease hauler that a violation of the City of Edgewater grease ordinance has
occurred.
m. User means a customer operating a food service establishment and discharging
to the sanitary sewer system.
n. Yellow grease means fats, oils, and grease that has not been in contact or
contaminated from other sources (water, wastewater, solid waste, etc.) and can
be recycled. Yellow grease is normally stored in a grease recycle container or
bin for beneficial use.
(2) General requirements.
a. All new and existing food service establishments (FSE's) are quried to have
grease control equipment (GCE) installed, maintained and operated properly,
in accordance with this chapter.
b. All FSE's will be required to maintain records of cleaning and maintenance of
GCE. GCE maintenance records include, at a minimum, the date of
cleaning/maintenance, company or person conducting the
cleaning/maintenance, volume (in gallons) of grease wastewater removed and
final disposal location. GCE maintenance records will be available at the FSE
premises so they can be provided to the city and/or health department. The
FSE shall maintain GCE maintenance records for two years. Grease
interceptors shall be pumped out bi-annually, or
1. When the settled solids layer exceeds the invert of the outlet pipe (typically
eight inches in depth), or
2. When the total volume of captured grease and solid material displaces more
than 25 percent of the capacity of the interceptor, or
3. When the interceptor is not retaining or capturing oils and grease.
c. No FSE will discharge oil and grease in concentrations that exceed the city's
numerical limit for oil and grease as stated in chapter 19-45.
d. Owners of commercial property will be held responsible for wastewater
discharges from a leaseholder on their property.
e. Grease control equipment requirement. All establishments with grease control
equipment must have their grease interceptor or trap inspected and certified
every two years by a city -certified grease waste hauler or plumber. If a grease
interceptor or grease trap achieves (passes) the certification requirement, then
no further action is required. If a grease interceptor or grease trap fails the
certification requirement, then a corrective action response is required from the
FSE owner to the city within 14 calendar days.
f. FSE's shall dispose of yellow grease in an approved container or recycle
container, and the contents shall not be discharged to any sanitary sewer line,
stormwater grate, drain or conveyance. Yellow grease, or oils, poured or
discharged into the FSE sewer lines, city's sewer system or any stormwater
system is a violation of this chapter.
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g. It shall be a violation of this chapter to push or flush the non -water portion of
GCE into the public sewer.
(3) Approved grease waste haulers. To ensure proper disposal of FOG waste, all
grease waste haulers must operate trucks that are marked with a company name,
phone number, waste hauler permit, city and state and capacity of the tank in
gallons of legible size and color. The hauler must provide proof upon the request of
the city that it is certified to operate in any of the surrounding communities of
Volusia County. Waste removed from each grease interceptor or trap shall be
disposed of at a grease disposal facility permitted by the State of Florida to receive
such waste. Grease, solid materials or graywater removed from interceptors or traps
shall not be returned to any grease interceptor, trap, private sewer line or to any
portion of the city's sewer system. A Notice of Violation (NOV) will be issued to
any grease hauler who is found to be in non-compliance with this chapter.
Response to this NOV must be received by the city within 14 calendar days of its
receipt by the grease hauler. The grease hauler will be required to describe how the
violation occurred, verification that the violation has been corrected, and shall
provide assurance that steps will be taken to prevent re -occurrence of the violation.
Failure to provide an acceptable response to the NOV in the stated timeframe will
be grounds for the grease hauler to loose certification to provide hauling services
within the city for a minimum period of 90 calendar days. Repeated violations
without satisfactory resolution and/or delay in providing an acceptable response to
an NOV will be grounds for longer periods of suspension, up to an including
permanent denial of service, at the discretion of the environmental services
director, or designee thereof.
(4) Approval of grease control equipment. All existing FSE's that have upgraded their
plumbing facilities must contact the city for final approval of the grease control
equipment. This will include onsite inspection of the grease control equipment by
the city. Any FSE that has changed its name or ownership will be treated as if the
FSE is a new establishment and will be subjected to a re -inspection of the grease
control equipment by the city.
(5) Grease control equipment sizing.
a. Minimum size of grease control equipment for each FSE classification will be
as follows:
1. Class 1: Deli, ice cream shops, beverage bards, mobile food vendors - 20
gpm/40 pound grease trap (NAICS 72213, 72233)
2. Class 2: Limited -service restaurants/cafeterias/daycares - 1,000 gallon grease
interceptor (NAICS 722211, 722320)
3. Class 3: Full service restaurants - 1,000 gallon grease interceptor (NAICS
722110)
4. Class 4: Buffett and cafeteria facilities - 1,500 gallon grease interceptor
(NAICS 72212)
5. Class 5: Institutions (schools, hospitals, prisons, etc.) - 2,000 gallon grease
interceptor (NAICS 7223 10)
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b. To calculate the appropriate size GCE, the FSE's engineer, architect or
plumbing contractor should use a formula that considers fixture units, storage
capacity, type of facility and an adequate retention time. The grease control
equipment minimum acceptable size for the above listed FSE classification
must be met.
c. The city will review and approve of the GCE sizing received from the FSE's
engineer, architect or plumbing contractor. The city will make a decision to
approve or require additional grease interceptor volume based on the type of
FSE, the number of fixture units and additional calculations. Grease interceptor
capacity should not exceed 3000 gallons for each interceptor tank. In the event
that the grease interceptor calculated capacity needs to exceed 3000 gallons,
the FSE shall install an additional interceptor of the appropriate size and
plumbed in series. Tanks that are plumbed in series shall be installed so that
the inlet invert of each successive tank shall be a minimum of two inches
below the outlet invert of the proceeding tank.
(6) Grease interceptor design and installation
a. Access to grease interceptors shall have a minimum of one manhole per
interceptor chamber. Each manhole cover shall be a minimum of 24 inches in
dimension, terminating a minimum of one inch above finished grade of grass
or landscaping or at grade within asphalt or concrete parking areas with cast
iron frame and cover.
b. Access openings shall be mechanically sealed and gas tight to contain odors
and bacteria and to exclude vermin and ground water, in a manner that permits
regular uses.
C. Grease interceptors shall be located so as to be readily accessible for cleaning,
maintenance, and inspections. If possible, the grease interceptor should not be
installed in "drive thru" lanes or parking areas. Grease interceptor access
manholes located in areas with access by vehicular traffic shall have a sealed
and gasketed traffic rated cover with a concrete pad all around.
(7) Additives for use as grease management and control.
a. Additives include but are not limited to products that contain solvents,
emulsifiers, surfactants, caustics, acids, enzymes and bacteria.
b. Use of biological agents is discouraged. Any additive placed into the grease
trap or building discharge designed to absorb, purge, consume, treat or
otherwise eliminate grease shall require written approval from the city. If the
city identifies FOG in the downstram sewer system from an FSE that is using
an additive, the city can require the FSE to discontinue use of the additive.
c. Additive use will not be a substitute for regular, required cleaning or pumping
of grease control equipment.
(8) Right of entry - inspection and monitoring: the city shall have the right to enter the
premises of FSE's to determine whether the FSE is complying with the
requirements of this chapter. FSE's shall allow city personnel or their authorized
representative, upon presentation of proper credentials, full access to all parts of the
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premises for the purpose of inspection, monitoring, and/or records examination.
Unreasonable delays in allowing city personnel access to the FSE premises shall be
a violation of this chapter and the City Code of Ordinances. All grease
interceptors/traps shall be subject to review, evaluation and inspection by city
personnel during normal working hours. The city reserves the right to make
determinations interceptor/trap condition and adequacy based on review of all
information regarding the interceptor/trap performance and may require cleaning,
maintenance, modification or replacement. All records will be available onsite for
review by the city for a period of 24 months. The city may require that the FSE
install monitoring or additional pretreatment equipment deemed necessary for
compliance with this chapter and or the city sewer use ordinance.
(9) Violations and enforcement action.
a. Violations of this FOG regulatory program include, but are not limited to:
1. Failure to clean or pump grease control equipment.
2. Failure to maintain grease control equipment.
3. Failure to control FOG discharge from the FSE.
4. Failure to certify grease control equipment.
5. Being responsible for sewer line obstruction or for sanitary sewer overflow.
6. Using additives to dilute FOG push the FOG downstream of the FSE.
7. Failure to use a city -certified grease hauler.
b. Whenever the city determines that a grease interceptor or trap is in need of
installation, pumping, repairs, maintenance or replacement an NOV will be
issued stating the nature of the violation(s) and timeframe for corrective
actions. Any repairs or maintenance needed to a grease trap shall be performed
within 14 days.
c. The city shall have the authority to discontinue water service if the FSE
presents an imminent endangerment to the health or welfare of persons or to
the public or environment, or causes stoppages or excessive maintenance to the
sanitary sewer system, causes significant interference with the wastewater
treatment plant, or causes the city to violate any condition of its NPDES
permit. Service shall be reinstated when such conditions have been eliminated
as determined by the city.
d. If the FSE fails to initiate action within 14 days of a NOV, a second NOV will
be issued and civil fines imposed. If inspections and field investigations
determine that any fats, oils or grease interference or blockage in the sewer
system, a sewage pumping station, or the wastewater treatment plant is caused
by a particular FSE, then that FSE shall reimburse the city for all labor,
equipment, supplies and disposal costs incurred by the city to clean the
interference or blockage. The charges will be added to the FSE's utility bill.
Failure to reimburse the city may result in termination of water service.
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Sec. 19-39. Penalty for violation of sections 19-30 through 19-38.
Any person violating any of the provisions of this section or failing to comply therewith
shall be deemed guilty of a misdemeanor and shall be punished by a fine as approved by
resolution of the city council. Each day any such violation shall continue shall constitute a
separate offense.
ARTICLE IV INDUSTRIAL PRETREATMENT PROGRAM
Sec. 19-40. Purpose, policy and objectives.
(a) This section sets forth uniform requirements for direct and indirect contributors into the
wastewater collection and treatment system for the city and enables the city to provide
efficient wastewater treatment to protect the public health and the environment and to meet
requirements contained in the Clean Water Act, the general pretreatment regulations
contained in 40 CFR parts 122 and 403, and chapter 62-625, F.A.C.
(b) The objectives of this division include, but are not limited to, the following:
(1) Prevent the introduction of pollutants into the municipal wastewater system which
will interfere with the operation of the system or contaminate the resulting sludge
or reclaimed water.
(2) Prevent the introduction of pollutants into the municipal wastewater system which
will pass through the system, inadequately treated, into receiving waters, reclaimed
water or the atmosphere or otherwise be incompatible with the system.
(3) Improve the opportunity to recycle and reclaim wastewaters and sludge from the
system.
(4) Provide for equitable distribution of the cost of the municipal wastewater system.
(5) Provide for the general health, safety and welfare of both city employees and
citizens of the city.
(c) This section provides for the regulation of direct and indirect contributors to the municipal
wastewater system through the issuance of permits to certain nondomestic users and
through enforcement of general requirements for the other users; authorizes monitoring and
enforcement activities; requires user reporting; assumes the existing customer's capacity
will not be preempted; and provides for the setting of fees for the equitable distribution of
costs resulting from the program established herein.
Sec. 19-41. General discharge prohibitions.
No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or
wastewater which will pass through or interfere with the operation or performance of the
WWTP. These general prohibitions apply to all such users of a WWTP whether or not the user is
subject to national categorical pretreatment standards or any other national, state, or local
pretreatment standards or requirements. A user may not contribute the following substances to
any WWTP.
(a) Any liquids, solids or gases which, by reason of their nature or quantity, are, or
may be, sufficient, either alone or by interaction with other substances, to cause fire
or explosion or be injurious in any other way to the WWTP or to cause the
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successive readings on an explosion hazard meter at the point of discharge into the
system (or any point in the system) to be more than five percent or any single
reading over ten percent of the lower explosive limit (LEL) of the meter. Prohibited
materials include, but are not limited to, gasoline, kerosene, naphtha, benzene,
toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates,
perchlorates, bromates, carbides, hydrides, and sulfides, and any other substances
which the city, the state or EPA has notified the user is a fire hazard or a hazard to
the system.
(b) Solid or viscous substances which may cause obstruction to the flow in a
wastewater pipe or other interference with the operation of the wastewater
treatment facilities, such as, but not limited to, grease, garbage with particles
greater than one-half inch in any dimension, animal guts or tissues, paunch manure,
bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand,
spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags,
spent grains, spent hops, wastepaper, wood, plastics, gas, tar, asphalt residues,
residues from refining or processing of fuel or lubricating oil, mud or glass
grinding or polishing wastes.
(c) Any wastewater having a pH less than 5.5 or higher than 8.5 or wastewater having
any other corrosive property capable of causing damage or hazard to structures,
equipment and/or personnel of the WWTP.
(d) Any wastewater containing toxic pollutants in sufficient quantity, either singly or
by interaction with other pollutants, to injure or interfere with any wastewater
treatment process, constitute a hazard to humans or animals, create a toxic effect in
the receiving waters of the WWTP, or exceed the limitation set forth in a
categorical pretreatment standard. A toxic pollutant shall include, but not be limited
to, any pollutant identified pursuant to section 307(a) of the Act.
(e) Any noxious or malodorous liquids, gases or solids which, either singly or by
interaction with other wastes, are sufficient to create a public nuisance or hazard to
life or are sufficient to prevent entry into the wastewater system for maintenance
and repair.
(f) Any substance which may cause the WWTP's effluent, or any other product of the
WWTP such as residues, sludges or scums, to be unsuitable for reclamation and
reuse or to interfere with the reclamation process. In no case shall a substance
discharged to the WWTP cause the WWTP to be in noncompliance with sludge use
or disposal criteria, guidelines or regulations developed under section 405 of the
Act; any criteria, guidelines or regulations affecting sludge use or disposal
developed pursuant to the Solid Waste Disposal Act; or state criteria applicable to
the sludge management method being used.
(g) Any substance which will cause the WWTP to violate its DEP operating permit, its
NPDES and/or state disposal system permit or the receiving water quality
standards.
(h) Any wastewater with objectionable color not removed in the treatment process,
such as, but not limited to, dye wastes and vegetable tanning solutions.
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(i) Any wastewater having a temperature which will inhibit biological activity in the
WWTP treatment plant resulting in interference, but in no case wastewater with a
temperature at the introduction into the WWTP which exceeds 40 degrees Celsius
(104 degrees Fahrenheit).
(j) Any pollutants, including oxygen -demanding pollutants (BOD, COD, ethylene
glycol, etc.), released at a flow rate and/or pollutant concentration which a user
knows or has reason to know will cause interference to the WWTP. In no case shall
a slug load have a flow rate or contain concentrations or qualities of pollutants that
exceed for any time period longer than 15 minutes more than five times the average
twenty -four-hour concentration, quantities or flow during normal operation.
(k) Any wastewater containing any radioactive wastes or isotopes of such half-life or
concentration as may exceed limits established by the director of environmental
services in compliance with applicable state or federal regulations.
(1) Any wastewater which causes a hazard to human life or creates a public nuisance.
(m) Any pollutant or waste with a closed cap flashpoint of less than 60 degrees Celsius
(140 degrees Fahrenheit), as determined by the test methods specified in 40 CFR
261.21.
(n) Any water or waste containing fats, wax, grease, oil, or related substances, whether
or not emulsified, in excess of 100 parts per million by weight or which may
solidify or become viscous at temperatures between 4.5 degrees Celsius (40
degrees Fahrenheit) and 65.5 degrees Celsius (150 degrees Fahrenheit).
Specifically prohibited is the heating of the contents of grease traps and subsequent
discharge to the wastewater system.
(o) Any substance which may reasonably be expected to cause the WWTP's effluent or
any other product of the WWTP such as residues, sludge or scums to be unsuitable
for reclamation and reuse or to interfere with the reclamation process. This shall
particularly include, but not be limited to, all forms of copper containing chemicals
used for root control in wastewater systems. In no case shall a discharge to the
WWTP be permitted which causes the WWTP to be in noncompliance with sludge
use or disposal criteria, guidelines or regulations developed under section 405 of
the Act or any other federal or state law or regulation applicable to any reclaimed
product of the WWTP.
(p) Any discharges containing compounds that are labeled for the control of pest
species of any type, such as, but not limited to, acaricides, bactericides, fungicides,
herbicides, insecticides, molluscicides, nematicides and rodenticides.
(q) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in
amounts that will cause interference or pass through.
(r) Pollutants which result in the presence of toxic gasses, vapors or fumes within the
WWTP in a quantity that will cause acute worker health or safety problems.
(s) Any trucked or hauled pollutants or sewage except those lawfully discharged at
specific points designated by the director of environmental services.
When the city determines that a user(s) is contributing to the wastewater collections system, any
of the above -enumerated substances in such amounts as to interfere with the operation of the
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WWTP, the city shall advise the user(s) of the impact of the contribution on the WWTP and
develop effluent limitation(s) for such user(s) to correct the interference with the WWTP.
Sec. 19-42. Regulation of waste from other jurisdictions.
(a) Discharges received from entities outside the jurisdictional boundaries of the city are
regulated to the same extent as are discharges from within its jurisdictional boundaries. Any
multijurisdictional agreements amended or initiated after the effective date of this ordinance
shall comply with this section.
(b) If another jurisdiction or user located within another jurisdiction contributes wastewater to
the WWTP, the control authority shall enter into an agreement with the contributing
jurisdiction.
(c) Prior to entering into an agreement required by subsection (b) above, the control authority
shall request the following information from the contributing jurisdiction:
(1) A description of the quality and volume of wastewater discharged to the WWTP by
the contributing jurisdiction;
(2) An inventory of all users located within the contributing jurisdiction that are
discharging to the WWTP; and
(3) Such other information as the control authority may deem necessary.
(d) An agreement required by subsection (b) above shall contain the following conditions:
(1) All contributors to the WWTP shall comply with this division and the specific
pollutant limits;
(2) A requirement for the contributing jurisdiction to submit a revised user inventory
on at least an annual basis;
(3) A provision specifying which pretreatment implementation activities, including
wastewater discharge permit issuance, inspection and sampling, and enforcement,
will be conducted by the contributing jurisdiction, which of these activities will be
conducted by the control authority, and which of these activities will be conducted
jointly by the contributing jurisdiction and the control authority;
(4) A requirement for the contributing jurisdiction to provide the control authority with
access to all information that the contributing jurisdiction obtains as part of its
pretreatment activities;
(5) Limits on the nature, quality, and volume of the contributing jurisdiction's
wastewater at the point where it discharges to the WWTP;
(6) Requirements for monitoring the contributing jurisdiction's discharge;
(7) A provision ensuring the control authority access to the facilities of users located
within the contributing entity's jurisdictional boundaries for the purpose of
inspection, sampling enforcement, and any other duties deemed necessary by the
control authority; and
(8) A provision specifying remedies available for breach of the terms of the agreement.
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Sec. 19-43. Federal Categorical Pretreatment Standards.
Upon the promulgation of the federal categorical pretreatment standards for a particular
industrial subcategory, the federal standard, if more stringent than limitations imposed under this
division for sources in that subcategory, shall immediately supersede the limitations imposed
under this division. The city shall notify all affected users of the applicable reporting
requirements under rule 62-625.410, F.A.C.
Sec. 19-44. Modification of federal categorical pretreatment standards.
Where the city's wastewater treatment system achieves consistent removal of pollutants
limited by federal pretreatment standards, the city may apply to the approval authority for
modification of specific limits in the federal pretreatment standards. "Consistent removal" shall
mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the
wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by
the system in 95 percent of the samples taken when measured according to the procedures set
forth in rule 62-625.420, F.A.C. The city may then modify pollutant discharge limits in the
federal pretreatment standards if the requirements contained in rule 62-625.420, F.A.C, are
fulfilled and prior approval from the approval authority is obtained.
Sec. 19-45. Specific pollutant limitations.
No person shall discharge wastewater in excess of:
0.41 mg/l arsenic.
1.00 mg/l barium.
0.005 mg/l beryllium.
250 mg/l BOD.
1.00 mg/l boron.
0.23 mg/l cadmium.
10.0 mg/l chromium, total.
0.76 mg/l copper.
1.0 mg/l cyanide.
5.00 mg/l iron.
35.0 mg/l Kjeldahl nitrogen.
0.66 mg/l lead.
1.00 mg/l manganese.
0.0001 mg/l mercury.
0.22 mg/1 molybdenum.
1.0 mg/1 nickel.
50.0 mg/l oil and grease.
10.0 mg/l total phosphoms [phosphorus].
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0.80 mg/1 selenium.
0.34 mg/1 silver.
5.00 mg/1 sulfides.
250 mg/1 suspended solids.
4.0 mg/1 total chromium.
3.0 mg/1 chromium (trivalent).
1.00 mg/I chromium (hexavalent).
4.0 mg/1 zinc.
1.00 mg/I total identifiable chlorinated hydrocarbons.
0.10 mg/1 phenolic compounds.
All of the following shall be excluded from the treatment works unless certain conditions and
volumes of pretreatment have been specifically described and approved by the city: antimony,
beryllium, bismuth, cobalt, molybdenum, rhenium, strontium, tellurium, tin, uranylion.
Sec. 19-46. State requirements.
State requirements and limitations on discharges shall apply in any case where they are
more stringent than federal requirements and limitations or those in this division.
See. 19-47. City's right of revisions.
(a) The city reserves the right to establish by ordinance more stringent limitations or
requirements on discharges to the wastewater disposal system if deemed necessary to
comply with the objectives presented in this section.
(b) The city reserves the right to enter into special agreements with industrial users setting out
special terms under which they may discharge to the WWTP. In no case shall a special
agreement waive compliance with a pretreatment standard or requirement. However, the
industrial user may request a net gross adjustment to a categorical standard in accordance
with chapter 62-625, FAC. The industrial user may also request a variance from the
categorical pretreatment standard from EPA or FDEP. Such a request shall be approved
only if the industrial user can prove that factors relating to its discharge are fundamentally
different from the factors considered by EPA or FDEP when establishing that pretreatment
standard. An industrial user requesting a fundamentally different factor variance shall
comply with the procedural and substantive provisions of chapter 62-625, F.A.C.
Sec. 19-48. Excessive discharge.
No user shall ever increase the use of process water, or, in any way, attempt to dilute a
discharge as a partial or complete substitute for adequate treatment to achieve compliance with
the limitations contained in this article, the federal categorical pretreatment standards, or in any
other pollutant -specific limitation developed by the city, state or federal government.
(Ord. No. 2012-0-05, Pt. A, 6-4-12)
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Sec. 19-49. Accidental discharges.
(a) Each user shall provide protection from accidental discharge of prohibited materials or other
substances regulated by this section. Facilities to prevent accidental discharge of prohibited
materials shall be provided and maintained at the owner or users own cost and expense.
Detailed plans showing facilities and operating procedures to provide this protection shall
be submitted to the city for review, and shall be approved by the city before construction of
the facility. All existing users shall complete such a plan within 180 days after notification
from the city or other approval authority that protection measures from accidental
discharges are required Review and approval of such plans and operating procedures shall
not relieve the industrial user from the responsibility to modify the user's facility as
necessary to meet the requirements of this division. In the case of an accidental discharge, it
is the responsibility of the user to immediately telephone and notify the WWTP of the
incident. The notification shall include location of discharge, type of waste, concentration
and volume, and corrective actions.
(b) Within five days following an accidental discharge, the user shall submit to the director of
environmental services a detailed written report describing the cause of the discharge,
corrective actions performed, and the measures to be taken by the user to prevent similar
future occurrences. Such notification shall not relieve the user of any expense, loss, damage
or other liability which may be incurred as a result of damage to the WWTP, fish kills or
any other damage to person or property; nor shall such notification relieve the user of any
fines, civil penalties or other liability which may be imposed by this division or other
applicable law.
(c) A notice shall be permanently posted on the user's bulletin board or other prominent place
advising employees whom to call in the event of a dangerous discharge. Employers shall
ensure that all employees who may cause or suffer such a dangerous discharge to occur are
advised of the emergency notification procedure.
Sec. 19-50. Fees.
(a) Purpose. It is the purpose of this section to provide for the recovery of costs from users of
the city's wastewater disposal system for the implementation and continued operation of the
program established herein. These fees shall be established by resolution of the city council.
(b) Charges and fees. The city may adopt charges and fees which may include:
(1) Fees for reimbursement of costs of setting up and operating the city's pretreatment
program.
(2) Fees for monitoring; inspections and surveillance procedures.
(3) Fees for reviewing accidental discharge procedures and construction.
(4) Fees for permit applications.
(5) Fees for filing appeals.
(6) Fees for consistent removal (by the city) of pollutants otherwise subject to federal
pretreatment standards.
(7) Other fees as the city may deem necessary to carry out the requirements contained
herein.
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(Ord. No. 2012-0-05, Pt. A, 6-4-12)
Sec. 19-51. Compliance generally.
It shall be unlawful to discharge without a city permit to any natural outlet within the city or
in any area under the jurisdiction of the city, and/or to the WWTP any wastewater except as
authorized in writing by the city in accordance with the provisions of this division.
Sec. 19-52. Wastewater discharge permits.
(a) Required. All significant users proposing to connect to or to contribute to the WWTP shall
obtain a wastewater discharge permit before connecting to or contributing to the WWTP.
All existing significant users connected to or contributing to the WWTP shall obtain a
wastewater discharge permit within 180 days after notification by the city or other approval
authority requiring them to do so.
(b) Application. Users required to obtain a wastewater discharge permit shall complete and file
with the city an application in the form prescribed by the city, and accompanied by a fee as
prescribed by the city. Any industrial user notified by the city as having been designated a
significant industrial user pursuant to F.S. § 62-625 shall, within 30 days of such
notification, apply for a wastewater discharge permit. Proposed new users shall apply at
least 90 days prior to connecting to or contributing to the WWTP. In support of the
application, the user shall submit in units and terms appropriate for evaluation, the
following information:
(1) Name, address and location (if different from the address).
(2) SIC number according to the Standard Industrial Classification Manual, Bureau of
the Budget 1972, as amended.
(3) Wastewater constituents and characteristics, including, but not limited to, those
mentioned in section 19-45 as determined by a reliable certified analytical
laboratory; sampling and analysis shall be performed in accordance with
procedures established by the EPA pursuant to section 304(8) of the Act and
contained in 40 CFR part 136, as amended, and chapter 62-625, F.A.C.
(4) Time and duration of contribution.
(5) Average daily and thirty -minute peak wastewater flow rates, including daily,
monthly and seasonal variations if any.
(6) Site plans, floor plans, mechanical and plumbing plans and details to show all
wastewater pipes, wastewater connections and appurtenances by the size, location
and elevation.
(7) Description of activities, facilities and plan processes on the premises, including all
materials which are or could be discharged, together with plans for facilities to
prevent accidental discharge of prohibited materials as specified by section 19-49.
(8) Where known, the nature and concentration of any pollutants in the discharge
which are limited by any city, state or federal pretreatment standards, and a
statement regarding whether or not the pretreatment standards are being met on a
consistent basis and, if not, whether additional operation and maintenance and/or
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additional pretreatment is required for the user to meet applicable pretreatment
standards.
(9) If additional pretreatment and/or operation and maintenance will be required to
meet the pretreatment standards, the shortest schedule by which the user will
provide such additional pretreatment. The completion date in this schedule shall not
be later than the compliance date established for the applicable pretreatment
standard. The following conditions shall apply to this schedule:
a. The schedule shall contain increments of progress in the form of dates for the
commencement and completion of major events leading to the construction
and operation of additional pretreatment required for the user to meet the
applicable pretreatment standards (e.g., hiring an engineer, completing
preliminary plans, completing final plans, executing contract for major
components, commencing construction, completing construction, etc.).
b. No increment referred to in subsection (b)(9)a. shall exceed nine months.
c. Not later than 14 days following each date in the schedule and the final date for
compliance the user shall submit a progress report to the city including, as a
minimum, whether or not it complied with the increment of progress to be met
on such date and, if not the date on which it expects to comply with this
increment of progress, the reason for delay and the steps being taken by the
user to return the construction to the schedule established.
(10) Each product produced by type, amount, process or processes and rate of
production.
(11) Type and amount of raw materials processed (average and maximum per day).
(12) Number and type of employees, and hours of operation of plant and proposed or
actual hours of operation of pretreatment system.
(13) Development and implementation of spill control plans or other special conditions,
including additional management practices necessary to adequately prevent
accidental, unanticipated or routine discharges.
(14) Installation of pretreatment technology or construction of appropriate containment
devices, etc., designed to reduce, eliminate or prevent the introduction of pollutants
into the W WTP.
(15) A list of any environmental control permits held by or for the facility.
(16) A statement in a form acceptable to the city and signed by an authorized
representative of the user certifying that the application and all attachments were
prepared under the direction or supervision of the authorized representative, that the
information submitted is true, accurate and complete, and that there are penalties
for submitting false information.
(17) Any other information as may be deemed by the city to be necessary to evaluate the
permit application.
The city will evaluate the data furnished by the user within 30 days of receipt. If additional
information is required, the user will submit a response within 30 days. If no response is received
by the city from the user within the 30 days, the application will become null and void and the
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user will be required to reapply and pay all applicable fees. The city shall have authority to
extend the time frame, if sufficient documentation is given from the user of extenuating
circumstances that prohibit the user from a timely response. After evaluation and acceptance of
the data furnished, the city may issue a wastewater discharge permit subject to terms and
conditions provided herein.
(c) Permit modifications. Within 180 days of the promulgation of a national categorical
pretreatment standard, the wastewater discharge permit of users subject to such standards
shall be advised to require compliance with such standard within the time frame prescribed
by such standard. Where a user, subject to a national categorical pretreatment standard, has
not previously submitted an application for a wastewater discharge permit as required by
subsection (B), the user shall apply for a wastewater discharge permit within 180 days after
the promulgation of the applicable national categorical pretreatment standard. In addition,
the user with an existing wastewater discharge permit shall submit to the director of
environmental services within 180 days after the promulgation of an applicable federal
categorical pretreatment standard the information required by subsections (b)(8) and (b)(9).
(d) Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions
of this division and all other applicable regulations, user charges and fees established by the
city. Permits may contain the following:
(1) The unit charge or schedule of user charges and fees for the wastewater to be
discharged to a community wastewater system.
(2) Limits on the average and maximum wastewater constituents and characteristics.
(3) Limits on average and maximum rate and time of discharge or requirements for the
flow regulations and equalization.
(4) Requirements for installation and maintenance of inspection and sampling
facilities.
(5) Specifications for monitoring programs which may include sampling locations,
frequency of sampling, number, types and standards for tests and reporting
schedule.
(6) Compliance schedules.
(7) Requirements for submission of technical reports or discharge reports (see section
19-53).
(8) Requirements for maintaining and retaining plant records relating to wastewater
discharge for a minimum of three years as specified by the city and as specified in
rule 62-625.600(14), F.A.C., and affording city access thereto.
(9) Requirements for notification to the city of any new introduction of wastewater
constituents or any substantial change in the volume or character of the wastewater
constituents being introduced into the wastewater treatment system.
(10) Requirements for notification of slug discharges as per section 19-530).
(i 1) Authorization for the city to carry out all inspection, surveillance and monitoring
procedures necessary to determine, independent of information supplied by
industrial users, compliance or noncompliance with applicable pretreatment
standards and requirement by industrial users. Representatives of the control
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authority shall be authorized to enter any premises of any industrial user in which a
discharge source or treatment system is located or in which records are required to
be kept under rule 62-625.600 (14), F.A.C., to assure compliance with pretreatment
standards. Such authority shall be at least as extensive as the authority provided
under F.S. § 403.091.
(12)Provisions for compliance with the confidentiality requirements set forth in rule 62-
625.800, F.A.C.
(13)A statement of applicable civil and criminal penalties for violation of pretreatment
standards and requirements.
(14) Other conditions as deemed appropriate by the city to ensure compliance with this
division.
(e) Duration. Permits shall be issued for a specified time period, not to exceed five years. A
permit may be issued for a period less than a year. All permits shall be stated to expire on a
specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the
expiration of the user's existing permit The terms and conditions of the permit may be
subject to modification by the city during the term of the permit as limitations or
requirements as identified in section 19-41 are modified or other just cause exists. The user
shall be informed of any proposed changes in his permit at least 30 days prior to the
effective date of change. Any changes or new conditions in the permit shall include a
reasonable time schedule for compliance.
(f) Transfer. Wastewater discharge permits are issued to a specific user for a specific operation.
A wastewater discharge permit shall not be reassigned or transferred or sold to a new
owner, new user, different premises, or a new or changed operation without the approval of
the city. Any succeeding owner or user shall also comply with the terms and conditions of
the existing permit.
Sec. 19-53. Reporting requirements for permittee.
(a) Compliance date report. Within 90 days following the date for final compliance with
applicable pretreatment standards or, in the case of a new source, following commencement
of the introduction of wastewater into the WWTP, any user subject to pretreatment
standards and requirements shall submit to the city a report indicating the nature and
concentration of all pollutants in the discharge from the regulated process which are limited
by pretreatment standards and requirements and the average and maximum daily flow for
these process units in the user facility which are limited by such pretreatment standards or
requirements. The report shall state whether the applicable pretreatment standards or
requirements are being met on a consistent basis and, if not, what additional operation and
maintenance and/or pretreatment is necessary to bring the user into compliance with the
applicable pretreatment standards or requirements. This statement shall be signed by an
authorized representative of the industrial user, and certified to by a qualified professional.
(b) Periodic compliance reports.
(1) Any user subject to a pretreatment standard, after the compliance date of such
pretreatment standard, or in the case of a new source, after commencement of the
discharge into the WWTP, shall submit to the city during the months of January
and July, unless required more frequently in the pretreatment standard by the city, a
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report indicating the nature and concentration of pollutants in the effluent which are
limited by such pretreatment standards. In addition, this report shall include a
record of all daily flows which during the reporting period exceeded the average
daily flow reported pursuant to section 19-52. At the discretion of the city and in
consideration of such factors as local high or low flow rates, holidays, budget
cycles, etc., the city may agree to alter the months during which the above reports
are to be submitted.
(2) The city may impose mass limitations on users who are using dilution to meet
applicable pretreatment standards or requirements or in other cases where the
imposition of mass limitations are appropriate. In such cases, the report required by
subsection (b)(1) shall indicate the mass of pollutants regulated by pretreatment
standards in the effluent of the user. These reports shall contain the results of
sampling and analysis of the discharge, including the flow and the nature and
concentration, or production and mass where requested by the city, of pollutants
contained therein which are limited by the applicable pretreatment standards. The
frequency of monitoring shall be prescribed in the applicable pretreatment standard.
All analysis shall be performed in accordance with procedures established by the
EPA pursuant to section 304(8) of the Act and contained in 40 CFR part 136,
chapter 62-625, F.A.C., and amendments thereto, or with any other test procedures
approved by the EPA. Sampling shall be performed in accordance with the
techniques approved by the EPA. (Comment: Where 40 CFR part 136 does not
include a sampling or analytical technique for the pollutant in question, sampling
and analysis shall be performed in accordance with the procedures set forth in the
EPA publication, Sampling and Analysis Procedures for Screening of Industrial
Effluents for Priority Pollutants, April 1977, and amendments thereto, or with any
other sampling and analytical procedures approved by the EPA or with any
standard procedures approved by the FDEP.)
(c) Baseline report. Reporting requirements for industrial users upon the effective date of
categorical pretreatment standards is the baseline report.
(1) Existing users. Within 180 days after the effective date of a categorical
pretreatment standard, or 180 days alter the final administrative decision made
upon a category determination request under rule 62-625.410(2)(d), F.A.C.,
whichever is later, existing industrial users subject to such categorical pretreatment
standards and currently discharging, or scheduled to discharge, to a W WTP, shall
submit to the control authority a report which contains the information listed in
subparagraph (2)g. of this section. Where reports containing this information have
already been submitted to the control authority in compliance with the requirement
of rules 62-625.410(2)(b) and (c), F.A.C., the industrial user shall not be required to
submit this information again.
(2) New users. At least 90 days prior to commencement of discharge, new sources, and
sources that become industrial users subsequent to the promulgation of an
applicable categorical pretreatment standard, shall submit to the control authority a
report which contains the information listed in subsections (c)(2)a. through (c)(2)e.
below. New sources shall include in this report information on the method of
pretreatment they intend to use to meet applicable pretreatment standards. New
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sources shall give estimates of the information requested in subparagraphs (c)(2)d.
and (c)(2)e.
a. Identijyjing information. The industrial user shall submit the name and address
of the facility, including the name of the operator and owners.
b. Permits. The industrial user shall submit a list of any pollution control permits
held by or for the facility.
c. Description of operations. The industrial user shall submit a brief description
of the nature, average rate of production, and SIC codes of the operations
carried out by such industrial user. This description shall include a schematic
process diagram which indicates points of discharge to the WWTP from the
regulated processes.
d. Flow measurement. The industrial user shall submit information showing the
measured average daily and maximum daily flow, in gallons per day, to the
WWTP from each of the following:
1. Regulated process streams; and
2. Other streams as necessary to allow use of the combined waste stream
formula of rule 62-625.410(6), F.A.C. or the flow weighted average formula.
The control authority shall allow for verifiable estimates of these flows
where justified by cost or feasibility considerations.
e. Measurement of pollutants.
1. The industrial user shall identify the pretreatment standards applicable to
each regulated process.
2. In addition, the industrial user shall submit the results of sampling and
analysis identifying the nature and concentration (or mass, where required by
the pretreatment standard or control authority) of regulated pollutants in the
discharge from each regulated process. All laboratory and analytical reports
shall comply with rule 62-160.670, F.A.C. Both daily maximum and average
concentration (or mass, where required) shall be reported. The sample shall
be representative of daily operations.
3. Grab samples shall be used for any tests to measure pH, cyanide, total
phenols, oil and grease, sulfide, volatile organics, temperature, dissolved
oxygen, chlorine residual, unionized ammonia, microbiology, specific
conductance, and dissolved constituents (e.g. ortho phosphate, etc). For all
other pollutants, twenty -four-hour composite samples shall be obtained
through flow -proportional composite sampling techniques where feasible.
The control authority shall waive flow -proportional composite sampling for
any industrial user that demonstrates that flow -proportional sampling is
technically infeasible. In such cases, samples shall be obtained through time -
proportional composite sampling techniques or through a minimum of four
grab samples where the industrial user demonstrates that this will provide a
representative sample of the effluent being discharged.
4. The industrial user shall take a minimum of one representative sample to
compile the data necessary to comply with these requirements.
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5. Samples shall be taken immediately downstream from pretreatment facilities,
if such exist, or immediately downstream from the regulated process if no
pretreatment exists. If other wastewaters are mixed with the regulated
wastewater prior to pretreatment, the industrial user shall measure the flows
and concentrations necessary to allow use of the combined waste stream
formula of rule 62-625.410(6), F.A.C., in order to evaluate compliance with
the pretreatment standards. Where an alternate concentration or mass limit is
required in accordance with rule 62-625.410(6), F.A.C., this adjusted limit,
along with supporting data, shall be submitted to the control authority.
6. All activities related to sampling and analysis shall comply with chapter 62-
610, F.A.C., and shall be conducted under the requirements of rule 62-
160.300(4), F.A.C., for category 2A. Sampling activities and laboratory
analyses shall be performed according to procedures specified in "The
Department of Environmental Regulation Standard Operating Procedures for
Laboratory Operations and Sample Collection Activities" (DER -OA -
001/92), September, 1992.
7. The industrial user may submit a baseline report utilizing only historical data
so long as the data provides information sufficient to determine the need for
industrial pretreatment measures.
8. The baseline report shall indicate the time, date and place, of sampling,
methods of analysis, and test results for each component, and shall certify
that such sampling and analysis is representative of normal work cycles and
expected pollutant discharges to the WWTP.
f. Certification. The industrial user shall submit a statement, reviewed by an
authorized representative of the industrial user, indicating whether
pretreatment standards are being met on a consistent basis, and, if not, whether
additional operation and maintenance or additional pretreatment is required for
the industrial user to meet the pretreatment standards and requirements.
g. Compliance schedule. If additional pretreatment or operation and maintenance
will be required to meet the pretreatment standards, the industrial user shall
provide such additional pretreatment or operation and maintenance as specified
in a compliance schedule. The completion date in this schedule shall not be
later than the compliance date established for the applicable pretreatment
standard.
1. Where the industrial user's categorical pretreatment standard has been
modified by the control authority using methods approved in chapter 62-625,
F.A.C., at the time the industrial user submits the report required by this
subsection, the certification statement and compliance schedule shall pertain
to the modified limits.
2. If the categorical pretreatment standard is modified as described above after
the industrial user submits the report required by this subsection, any
necessary amendment to the certification statement and compliance schedule
shall be submitted by the industrial user to the control authority within 60
days after the modified limit is approved.
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3. The schedule shall contain increments of progress in the form of dates for the
commencement and completion of major events leading to the operation of
additional pretreatment required for the industrial user to meet the applicable
categorical pretreatment standards (e.g., hiring an engineer, completing
preliminary plans, completing final plans, executing contract for major
components, commencing construction, completing construction).
4. No increment referred to in subsection (d)(1) shall exceed nine months.
5. Within 14 days following each date in the schedule and the final date for
compliance, the industrial user shall submit a progress report to the control
authority including at a minimum, whether or not it complied with the
increment of progress to be met on such date and, if not the date on which it
expects to comply with this increment of progress, the reason for delay, and
the steps being taken by the industrial user to return the construction to the
schedule established. In no event shall more than nine months elapse
between such progress reports to the control authority.
h. Report on compliance with categorical pretreatment standard deadline.
Within 90 days following the date for final compliance with applicable
categorical pretreatment standards or in the case of a new source, following
commencement of the introduction of wastewater into the W WTP, any
industrial user subject to pretreatment standards and requirements shall submit
to the control authority a report containing the information described in
subparagraphs (c)(2)d. through (c)(2)f. For industrial users subject to
equivalent mass or concentration limits established by the control authority in
accordance with the procedures specified by rule 62-625.410(4), F.A.C., this
report shall contain a reasonable measure of the industrial user's long term
production rate. For all other industrial users subject to categorical
pretreatment standards expressed in terms of allowable pollutant discharge per
unit of production (or other measure of operation), this report shall include the
industrial user's actual production during the appropriate sampling period.
i. Periodic reports on continued compliance.
1. Any industrial user subject to a categorical pretreatment standard, after the
compliance date of such pretreatment standard, or, in the case of a new
source, after commencement of the discharge into the WWTP, shall submit
to the control authority as specified in the permit a report indicating the
nature and concentration of pollutants in the effluent which are limited by
such categorical pretreatment standards. In addition, this report shall include
a record of measured or estimated average and maximum daily flows for the
reporting period for the discharge reported in subparagraph (c)(2)d., except
that the control authority shall require more detailed reporting of flows if
necessary to comply with the requirements of this rule.
2. Where the control authority has imposed mass limitations on industrial users
as provided for by rule 62-625.410(5), F.A.C., the report required by
subsection (c) shall indicate the mass of pollutants regulated by pretreatment
standards in the discharge from the industrial user.
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3. For industrial users subject to equivalent mass or concentration limits
established by the control authority in accordance with the procedures in rule
62-625.410(4), F.A.C., the report required by subsection (c) above shall
contain a reasonable measure of the industrial user's long term production
rate. For all other industrial users subject to categorical pretreatment
standards expressed in terms of allowable pollutant discharge per unit of
production (or other measure of operation), the report required by subsection
(c) above shall include the industrial user's actual average production rate for
the reporting period.
j. Notice of potential problems, including slug discharges. All categorical and
significant non -categorical industrial users shall notify the control authority
and W WTP immediately of all discharges that could cause problems to the
W WTP, including any slug discharges and prohibited discharges, as specified
by rule 62-625.400(2), F.A.C.
k. Monitoring and analysis to demonstrate continued compliance.
1. The reports required in subsections (a), (b) and (c) shall contain the results of
sampling and analysis of the discharge, including the flow and the nature and
concentration, or production and mass where requested by the control
authority, of pollutants contained therein which are limited by the applicable
pretreatment standards. This sampling and analysis may be performed by the
control authority in lieu of the industrial user. Where the control authority
performs the required sampling and analysis in lieu of the industrial user, the
industrial user shall not be required to submit the compliance certification
required under subparagraph (c)(2)e. In addition, where the control authority
itself collects all the information required for the report, including flow data,
the industrial user shall not be required to submit the report. All laboratory
analytical reports prepared by the industrial user or the control authority hall
comply with rule 62-160.670, F.A.C.
2. If sampling performed by an industrial user indicates a violation, the
industrial user shall notify the control authority within 24 hours of becoming
aware of the violation. The industrial user shall also repeat the sampling and
analysis and submit the results of the repeat analysis to the control authority
within 30 days after becoming aware of the violation.
3. The reports required in subsection (b) shall be based upon data obtained
through sampling and analysis performed during the period covered by the
report. This data shall be representative of conditions occurring during the
reporting period. The control authority shall require frequency of monitoring
necessary to assess and assure compliance by industrial users with applicable
pretreatment standards and requirements.
4. All activities related to sampling and analysis shall be subject to the same
requirements as specified by sub -subparagraph (c)(2)e.6.
5. If an industrial user subject to the reporting requirement in subsection (b) of
this section monitors any pollutant more frequently than required by the
control authority, using the procedures required by sub -subparagraph
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(c)(2)e.6. of this section, the results of this monitoring shall be included in
the report.
1. Reporting requirements for industrial users not subject to categorical
pretreatment standards.
1. The control authority shall require appropriate reporting from those industrial
users with discharges that are not subject to categorical pretreatment
standards. Significant non -categorical industrial users shall submit to the
control authority a report at the frequency stated in the permit and contain a
description of the nature, concentration and flow of the pollutants required to
be reported by the control authority.
2. The reports shall be based on sampling and analysis performed by the user in
the period covered by the report, and are subject to the same requirements
specified in sub -subparagraph (c)(2)e.6.
m. Notification of changed discharge. All industrial users shall promptly notify
the control authority in advance of any change in the volume or character of
pollutants in their discharge that may result in pass through or interference at
the WWTP, including the listed or characteristic hazardous wastes for which
the industrial user has submitted initial notification under subsection (q).
n. Signatory requirements for industrial user reports. The reports required by
subsections (a), (b) and (c) shall include the certification statement as set forth
in rule 62-625.410(2)(b)2, F.A.C., and shall be signed by an authorized
representative of the industrial user.
o. Provisions governing fraud and false statements. Any person, including a
responsible corporate officer, submitting or maintaining reports and other
documents required under this section shall be subject to the civil and criminal
penalties of F.S. § 403.161, for any falsification described in that section.
p. Record-keeping requirements.
1. Any industrial user and control authority subject to the reporting
requirements established in this section shall maintain records of all
information resulting from any monitoring activities required by this section.
All sampling and analysis activities shall be subject to the record-keeping
requirements specified in rule 62-160.600, F.A.C.
2. Any industrial user or control authority subject to the reporting requirements
established in this section shall be required to retain for a minimum of three
years any records of monitoring activities and results (whether or not such
monitoring activities are required by this section) and shall make such
records available for inspection and copying by the control authority. This
period of retention shall be extended during the course of any unresolved
litigation regarding the industrial user or control authority.
q. Provisions governing hazardous waste.
1. The industrial user shall notify the control authority and the FDEP hazardous
waste and pretreatment authorities in writing of any discharge into the
WWTP of a substance, which, if otherwise disposed of, would be hazardous
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waste under chapter 62-730, F.A.C. Such notification shall include the name
of the hazardous waste, the EPA hazardous waste number, and the type of
discharge (continuous, batch, or other). If the industrial user discharges more
than 100 kilograms (100 kg/L) of such waste per calendar month to the
W WTP, the notification shall also contain information (to the extent such
information is known and readily available to the industrial user) identifying
the hazardous constituents in the waste stream discharged during that
calendar month, and estimating the mass of constituents in the waste stream
expected to be discharged during the following 12 months. Industrial users
who commence discharging after the effective date of this chapter shall
provide the notification no later than 180 days after the discharge of the
listed or characteristic hazardous waste. Notifications of changed discharges
shall be submitted under subsection (m). The notification requirement in this
section does not apply to pollutants already reported under the self-
monitoring requirements of subsections (a), (b), and (c).
2. Industrial users shall be exempt from the requirements of subsection (q)(1)
during a calendar month in which they discharge no more than 15 kilograms
of hazardous wastes, unless the wastes are acute hazardous wastes as
specified in chapter 62-730, F.A.C.
3. In the case of any new FDEP regulations identifying additional
characteristics of hazardous waste or listing any additional substance as a
hazardous waste, the industrial user shall notify the control authority and the
department's hazardous waste and pretreatment authorities of the discharge
of such substance within 90 days of the effective date of such regulations.
4. In the case of any notification made under this subsection, the industrial user
shall certify that it has a program in place to reduce the volume and toxicity
of hazardous wastes generated.
Sec. 19-54. Monitoring facilities.
(a) The city shall require to be provided and operated at the user's own expense monitoring
facilities to allow inspection, sampling and flow measurement of the building's wastewater
pipes and/or internal drainage systems. The monitoring facility should normally be situated
on the user's premises, but the city may, when such a location would be impractical or cause
undue hardship on the user, allow the facility to lie constructed in the public right-of-way
area and located so that it will not be obstructed by landscaping or parked vehicles. When
deemed necessary by the city, the owner of any property serviced by a building carrying
industrial and/or commercial wastes shall install a suitable control manhole together with
meters and other appurtenances in the building's wastewater system necessary to facilitate
observation, sampling and measurement of the wastes. Such manhole, when required, shall
be accessible and safely located and shall be constructed in accordance with plans approved
by the city. The manhole shall be installed at the expense of the owner, and shall be
maintained by the owner in a safe and accessible condition at all times.
(b) There shall be ample room in or near such sampling manhole or facility to allow accurate
sampling and preparation of samples for analysis. The facility, sampling and measuring
equipment shall be maintained at all times in a safe and proper operating condition at the
expense of the user. Whether constructed on public or private property, the sampling and
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monitoring facilities shall be provided in accordance with the city's requirements and all
applicable local construction standards and specifications. Construction shall be completed
within 90 days following written notification by the city.
Sec. 19-55. Inspection and sampling.
(a) The city shall inspect the facilities of any user to ascertain whether the purpose of this
section is being met and all requirements are being complied with. Persons or occupants of
premises where wastewater is created or discharged shall allow the city or its
representatives ready access at all reasonable times to all parts of the premises for the
purpose of inspection, sampling, records examination or in the performance of any of their
duties. The city, FDEP and the EPA shall have the right to set up on the user's property such
devices as are necessary to conduct records examination or duplication, sampling
inspection, compliance monitoring and/or metering operations. Where a user has security
measures in force which would require proper identification and clearance before entry into
their premises, the user shall make necessary arrangements with its security guards so that
upon presentation of suitable identification personnel from the city, FDEP, EPA, or any
other governmental entity or agency will be permitted to enter, without delay, for the
purposes of performing their specific responsibilities. Any temporary or permanent
obstruction to safe and easy access to the facility to be inspected, monitored, metered and/or
sampled shall be promptly removed by the user at the written or verbal request of the city
and shall not be replaced. The costs of clearing such access shall be borne by the user. The
provisions of F.S. §§ 933.20 through 933.30, inclusive, relating to inspection warrants, are
hereby adopted by reference in this section.
(b) This sampling and analysis may be performed by the control authority in lieu of the
industrial user. Where the WWTP performs the required sampling and analysis in lieu of the
industrial user, the user will not be required to submit the compliance certification required
under the provisions of 40 CFR 403.12(b)(6) and 403.12(d). In addition, where the W WTP
itself collects all the information required for the report, including flow data, the industrial
user will not be required to submit the report.
(c) If sampling performed by an industrial user indicates a violation, the user shall notify the
control authority within 24 hours of becoming aware of the violation. The user shall also
repeat the sampling and analysis and submit the results of the repeat analysis to the control
authority within 30 days after becoming aware of the violation, except the industrial user is
not required to resample if.
(1) The control authority performs sampling at the industrial user at a frequency of at
least once per month; or
(2) The control authority performs sampling at the user between the time when the user
performs sampling and the time when the user receives the results of this sampling.
Sec. 19-56. Pretreatment.
(a) Users shall provide necessary wastewater treatment as required to comply with this section
and shall achieve compliance with all federal categorical pretreatment standards within the
time limitations as specified by the federal pretreatment regulations. Any facilities required
to pretreat wastewater to a level acceptable to the city shall be provided, operated and
maintained at the user's expense. Detailed plans showing the pretreatment facilities and
operating procedures shall be submitted to the city for review, and shall be acceptable to the
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city before construction of the facility. The review of such plans and operating procedures
will in no way relieve the user from the responsibility of modifying the facility as necessary
to produce an effluent acceptable to the city under the provisions of this division. Any
subsequent changes in the pretreatment facilities or method of operation shall be reported to
and be acceptable to the city prior to the user's initiation of the changes. Nothing herein will
relieve the industrial user from any and all required permitting for construction as may be
required.
(b) The city shall annually publish in a newspaper of general circulation within the city a list of
the users which were in significant noncompliance with any pretreatment requirements or
standards at least once during the 12 previous months. The notification shall also summarize
any enforcement actions taken against the user(s) during the same 12 months.
(c) All records relating to compliance with pretreatment standards shall be made available to
officials of the EPA, FDEP or city upon request.
Sec. 19-56.1. Confidentiality.
The provisions of rule 62-625.800, F.A.C., relating to confidentiality, are hereby adopted by
reference in this section.
Sec. 19-57. Enforcement.
(a) Suspension of service. The city may suspend the wastewater treatment service and/or a
wastewater contribution permit when such suspension is necessary, in the opinion of the
city, in order to stop an actual or threatened discharge which presents or may present an
imminent or substantial endangerment to the health or welfare of persons, to the
environment, causes interference to the WWTP or causes the city to violate any condition of
its NPDES permit. Any person notified of a suspension of the wastewater treatment service
and/or the wastewater contribution permit shall immediately stop or eliminate the
contribution. In the event of a failure of the person to comply voluntarily with the
suspension order, the city shall take such steps as deemed necessary, including immediate
severance of the wastewater connection, to prevent or minimize damage to the WWTP
system or endangerment to any individuals. The city shall reinstate the wastewater
contribution permit and/or the wastewater treatment service upon proof of the elimination of
the non -complying discharge. A detailed written statement submitted by the user describing
the causes of the harmful contributions and the measures taken to prevent any future
occurrence shall be submitted to the city within 15 days of the date of occurrence.
(b) Revocation of permit. Any user who violates the following conditions of this division, or
applicable state and federal regulations, is subject to having its permit revoked in
accordance with the procedures of this section:
(1) Failure of a user to report factually the wastewater constituents and characteristics
of his discharge.
(2) Failure of the user to report significant changes in operations or wastewater
constituents and characteristics.
(3) Refusal of reasonable access to the user's premises for the purpose of inspection or
monitoring.
(4) Violation of conditions of the permit.
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(5) Falsifying periodic compliance reports.
(6) Tampering with monitoring equipment.
(7) Failure to pay administrative surcharges.
(8) Failure or refusal to accept notices of violation or compliance schedules or other
enforcement procedures.
(9) Reasonably imminent endangerment of facility personnel or the public.
(c) Notification of violation. Whenever the city finds that any user has violated or is violating
this division, a wastewater contribution permit or any prohibition or limitation of
requirements contained herein, the city may serve upon such person a written notice stating
the nature of the violation. Within 30 days of the date of the notice, a plan for the
satisfactory correction thereof shall be submitted to the city by the user.
Sec. 19-58. Penalty.
(a) A person violating any of the terms, conditions, orders, rules, regulations, permits,
limitations or provisions of this industrial pretreatment program shall be deemed guilty of a
misdemeanor and may be subject to fines as outlined by resolution of the city council,
subsection 19-58(c). Each day that any such violation shall continue to exist shall constitute
a separate and distinct offense, punishable as herein provided.
(b) Violations of the industrial pretreatment program ordinance codified in this section may be
referred to the citizens code enforcement board as prescribed by section 19-57.
(c) Any person who knowingly makes any false statements, representations or certifications in
any applications, record, report, plan or other document filed or required to be maintained
pursuant to this section or wastewater contribution permit, or who falsifies, tampers with or
knowingly renders inaccurate any monitoring device or method required under this section,
shall, upon conviction, be subject to fines as outlined by resolution if the city council.
Sec. 19-59. Reserved.
ARTICLE V. SOLID WASTE COLLECTIONAND DISPOSAL
DIVISION 1. GENERALLY
Sec. 19-60. Definitions.
Aluminum cans shall mean all soft drink, beverage or beer cans that are one hundred (100)
percent aluminum. Additionally, recyclables in this category shall include any food can or
specialized food containers that are one hundred (100) percent aluminum.
Biohazardous waste means any solid waste or liquid waste which may present a threat of
infection to humans. The term includes, but is not limited to, non -liquid human tissue and body
parts, laboratory and veterinary wastes which contain human disease -causing agents, used
disposable sharps, human blood, human blood products and body fluids, and other materials
which represent a significant risk of infection to persons outside the generating facility.
Bulk waste means all large household items that do not require extraordinary management
including, but not limited to, sofas, tables, bathroom fixtures, bedroom and living room furniture,
appliances not considered white goods, ladders and carpet.
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City means the City of Edgewater, Florida.
Collection means the process of picking up, transporting, and dropping off waste at the
appropriate disposal facility.
Commercial service means service provided to lodges, clubs, schools, churches, hospitals,
nursing or convalescent homes, multiple dwelling units and mobile home parks being billed
against a master water meter and all other nonresidential establishments at which refuse may be
generated. Persons requiring commercial service shall deposit all refuse in cans, bins,
receptacles, storage rooms or containers in such a manner and at such locations as may be
required by the environmental services department.
Construction and demolition debris means the non-putrescible solid waste
resulting from those construction or demolition activities that require a building
wood and vegetative debris from land clearing on any lot is also considered to be
and demolition debris.
and debris
permit. The
construction
Director means the environmental services director for the City of Edgewater, Florida.
Dumpster means a large metal (or plastic) box used for storage of garbage, usually one to
eight cubic yards in size that is lifted and emptied mechanically by trucks.
Dwelling unit means one or more rooms designed, occupied or intended for occupancy as
separate living quarters with cooking, sleeping and sanitary facilities provided within the
dwelling unit for the exclusive use of a single family maintaining a household.
Franchise means a franchise contract granted by the city containing specific provisions of
the franchise and includes the provisions contained in this article.
Franchise area means the entire city limits of the City of Edgewater and any portion thereof
subsequently annexed.
Franchisee means any natural person or persons, partnerships, domestic and foreign
corporations, associations, joint venture or organization of any kind, which has been legally
granted a franchise by the city.
Franchise fee means the percentage as specified by this chapter of franchisee's gross
revenues derived from the operation of the franchise within the city limits of the City of
Edgewater.
Garbage means wastes resulting from the preparation, use, cooking and serving of food;
wastes from the handling, storage and sale of produce, meats, fish or fowl; and papers, bags,
sacks, cartons, boxes, cans, bottles or other containers; and other small rubbish, accumulated
about residential premises, business establishments or public institutions. Industrial process
wastes from manufacturing or processing plants are not classified as garbage for the purpose of
this article.
Garbage can means a galvanized metal can or plastic receptacle used to collect solid waste,
with a capacity of 35 gallons or less and a loaded weight not to exceed 50 pounds. Such can or
receptacle shall have two handles upon the sides of the can or receptacle or a rail by which same
may be lifted and shall have a tight -fitting metal or plastic lid. Plastic bags designed to store
refuse may be used, provided such bags are strong enough to support the weight of the contents
without tearing or splitting when lifted by the top and are securely tied to prevent spillage. The
total weight of such bags and contents shall not exceed 40 pounds.
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Garbage cart means a garbage cart issued to the account holder by the city
Glass shall mean clear, green, brown colors of glass bottles, jars and containers. It shall
exclude mirrors, ceramics, plate glass, window glass, auto glass and kitchen glassware.
Gross revenue shall mean all revenues or receipts received by the franchisee from any
customer within the city limits of the City of Edgewater.
Hazardous waste means solid wastes or a combination of solid wastes which because of
quantity, concentration or physical, chemical or infectious characteristics may cause, or
significantly contribute to an increase in mortality or an increase in serious irreversible or
incapacitating reversible illness, or may pose a substantial present or potential hazard to human
health or the environment when improperly transported, disposed of, stored, treated or otherwise
managed. Such wastes include, but are not limited to, paint, gasoline, chlorine bleach, ammonia,
motor oil, muriatic acid, fertilizer, etc.
Industrial refuse shall mean solid wastes resulting from erecting, removing, repairing or
razing buildings, industrial processes and manufacturing operations such as food processing
wastes, wood, plastics, metal scrap, chemicals, etc. (excludes restaurant wastes from an industrial
firm when handled separately).
Institutional wastes shall mean refuse from schools, hospitals, research institutions,
nonprofit organizations, public buildings and churches.
Multiple family dwelling units means a group of more than two adjoining dwelling units.
Multiple -family dwelling units individually billed are considered residential. Multiple -family
dwelling units being billed against a master water meter are deemed commercial.
Newsprint and Newspapers shall mean old newspapers, including the normal percentage of
rotogravure and colored sections; collected and packed loose as received, tied in twine, in paper
bags or corrugated boxes.
Person means any and all persons, natural or artificial, including any individual, firm or
association, partnership, joint venture, or other entity of any king, type or description engaging in
the conduct or activity with which this section is concerned.
Plastics shall mean plastic carbonated beverage containers, bottles or lugs and plastic milk
containers. This excludes juice, water, liquor, sports drink and other drink containers as well as
dish soap, clothes detergent, food containers or any other plastic containers or plastic bags. Also
excluded are automotive/maintenance or other plastic containers that contained hazardous or
toxic materials such as motor oil, transmission and brake fluid, windshield washer fluid, gas
treatment containers, pool supplies and chemicals, or garden pesticide containers
Program recyclables means recovered materials included in the city's recycling program, as
determined by the director or their designee.
Recovered materials means metal, paper, glass, plastic, textile or rubber materials that have
known recycling potential, can be feasibly recycled and have been diverted and source separated
or have been removed from the solid waste stream for sale, use or reuse as raw materials,
whether or not the materials require subsequent processing or separation from each other, but
does not include materials destined for any use that constitutes disposal. Recovered materials as
described above are not solid waste.
Recyclables or recyclable material means any of those materials such as newsprint, glass
jars/bottles, aluminum cans, cardboard, office paper and junk mail, phone books, magazines,
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catalogs and plastic containers which are capable of being recycled and which would otherwise
be processed or disposed of as solid waste.
Recycling bin means containers owned and provided by the city or subcontractor for the
collection of program recyclables from residential customers.
Refuse means garbage and rubbish. Industrial process wastes from manufacturing or
processing plants are not classified as refuse for the purpose of this article.
Residential service means solid waste collection service that is individually billed to single-
family dwellings, mobile homes, two-family dwellings and multiple -family dwelling units, and
other buildings used for residential purposes.
Single stream recycling means a system in which all paper fibers, plastics, metals and other
containers are mixed in a collection truck instead of being sorted by the depositor into separate
commodities.
Solid waste means sludge unregulated under the Federal Clean Water Act or Clean Air Act,
sludge from a waste treatment works, water supply treatment plant, or air pollution control
facility, or garbage, refuse, special waste or other discarded material including solid, liquid,
semisolid, or contained gaseous material resulting from domestic, industrial, commercial,
mining, agricultural, or governmental operations. Recyclable materials are not solid waste.
Solid waste collection service means the collection of refuse, yard trash, program
recyclables, bulk waste, and white goods from residential service customers and the collection of
refuse and yard trash from commercial service customers.
Solid Waste Division means the solid waste division of the City of Edgewater within the
environmental services department.
Special waste means solid wastes which require special handling and management and
include, but are not limited to, white goods, whole tires, used oil and lead acid batteries.
Used oil shall mean any oil which has been refined from crude oil or synthetic oil and, as a
result of use, storage, or handling has become unsuitable for its original purpose due to the
presence of impurities or loss of its original properties, but which may be suitable for further use
and is economically recyclable.
White goods means inoperative and discarded refrigerators, ranges, freezers, water heaters
and other similar domestic and commercial large appliances.
Yard trash means trimmings from yard grass, shrubbery and trees, leaves and other
vegetative waste materials, resulting from ordinary maintenance and care of homes and
businesses. For the purpose of this article, two distinct types of yard trash are defined as follows:
(1) Bulk yard trash means wood matter, including tree branches, larger than four
inches in diameter and greater than four feet long.
(2) Regular yard trash means leaves, grass and shrubbery clippings and smaller tree
trimmings.
Sec. 19-61. Refuse/recycling utility fees.
(a) All bills for refuse/recycling utility fees shall be incorporated into the consolidated
statement or shall be incorporated into the annual tax bill as a non -ad valorem assessment.
The refuse/recycling utility fee shall become effective upon the issuance of the certificate of
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occupancy (CO). In the event of annexation of an existing building, service will be effective
upon discontinuance of service by the County of Volusia.
(b) The established fees shall be applicable irrespective of whether the customer is using said
service. The city shall make an initial determination of the number of units within multiple
building units and shall be billed for solid waste service(s) on the basis of the units or lots
therein. The city may adjust the number of billable units when it shall determine that the
actual number of units or lots has changed during the billing period.
(c) Any business conducted upon or in a homestead may be charge as a single residence or as a
business or commercial customer, as determined by the director or designee.
Sec. 19-62. Garbage and yard trash containers required.
(a) The occupants of each residence, multiple dwelling, business or commercial enterprise and
trailer park are required to provide garbage cans and yard trash containers to sufficiently
hold the accumulation of garbage and yard trash from each such residence, multiple
dwelling, business or commercial establishment or trailer park between the times of said
garbage and yard trash is collected. Such cans shall have a maximum capacity of 35 gallons;
have a tight-fitting cover/lid and handles on the sides or a rail by which it may be lifted.
(b) Carts provided by the city.
(1) Carts provided by the city are the property of the city. Each customer will be
provided one cart per equivalent residential unit. Additional carts may be obtained
by paying a deposits ervice chart=e for the additional cart as outlined in the fee
resolution.
(2) Upon issuance of a cart from the city, each customer shall use the cart for disposal
of household garbage and trash.
(3) New e .nt h.J,ters will he required «,... ., ,teff,...:t and he ,.Ex -sa „ ,.h,.:,.e .....,.
what size eew the.....:n need 6.,.h deposit will he held :..RRH :..tenenf he...:....
eeeauffl_t .....1 ..,at he re {ironed when the ..,.,.eunt ms Pdosed and the e..a is R.....d to be
an premises and in aood ,,,.igen ,. is retumed t the a ental qerNFiees
depaFtment.
(4) Each account holder shall have the option of requesting a different size cart one
time within a 24-month period free of charge. Additional requests to exchange a
cart will be charged a service fee as outlined in the fee resolution.
(5) Carts shall be of sufficient size to hold the accumulation of garbage and trash from
each residence. The dDirector of eEnvironmental sServices, or designee shall have
the right to exchange a smaller cart for a larger cart.
(6) Carts are to be rinsed out and cleaned by the customer as necessary to minimize
odors and discourage animals.
(7) Carts are to remain with the premises. At no time shall a cart be transported to
another premises without the express consent of the environmental services
department.
(8) Stolen carts are to be reported to the City of Edgewater Police Department. No cart
will be replaced until such time as a police report number is provided to the
environmental services department and the proper form filled out.
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Sec. 19-63. Wrapping and preparation of garbage; keeping covered.
(a) All household garbage matter shall be wrapped in paper or plastic before being placed in
carts. Tin cans, bottles and other containers shall be first drained of all liquids prior to being
placed in carts or recycling containers.
(b) All broken or shattered glass shall be placed in a separate container from other garbage and
trash and said container shall be legibly marked indicating that contents thereof are broken
glass and should be handled with caution.
(c) All garbage cans and carts shall be kept tightly covered at all times except when it becomes
necessary to lift the covers for the purpose of depositing garbage in the garbage can or for
the purpose of emptying such can in a garbage truck.
(d) Carts shall not be used for disposal of biohazardous or hazardous waste or construction
debris. Weight limits of the carts will be made at the discretion of the director or designee.
Sec. 19-64. Preparation of yard trash.
(a) Leaves, grass clippings, branches and other landscaping maintenance debris must be
separately bagged or contained in the required yard trash containers, and shall not be blown,
swept or placed into public or private roadways, swales, retention ponds or adjacent
properties. Yard trash containing no combustible matter, which will deteriorate or decay
without giving off offensive odors, may be accumulated by the owner as mulch or compost
at the rear of the premises provided that such is maintained in a neat, orderly and sightly
condition.
(b) Piles of larger yard trash shall be stacked in piles not to exceed four feet in height, four feet
in width, and four feet in length.
(c) No yard trash pickups will be made from vacant lots; provided however, the owner of any
vacant lot may make arrangements with the city for pickup of yard trash, and a reasonable
charge for such service shall be determined by the city as established by resolution by the
city council.
(d) Yard trash which is not prepared as required herein will not be picked up until additional
fees are paid in accordance with the fee resolution and may be a violation of this division.
Sec. 19-65. Location of containers.
Garbage and yard trash containers, including city owned carts, when not in use shall be kept
away from the front of any building or premises. No garbage or yard trash container or cart shall
be kept or maintained upon or adjacent to any street, sidewalk, parkway or front yard and shall
not be placed within five feet of any property line. No garbage can or yard trash container or cart
shall be deposited upon any adjoining lot, or premises, whether vacant or improved, occupied or
unoccupied, or in any street, alley or park in the city. Garbage and yard trash containers and carts
may be placed in front of the building or premises after 4:00 p.m. the evening before the
scheduled pick-up service. Garbage and trash containers and carts shall be placed at a location on
the premises, or on right-of-way immediately adjacent to the premises, which is easily accessible
to employees of the solid waste division and which location is no more than five feet from the
curb, street pavement or other transportation surface immediately fronting the premises. No carts
shall be placed on sidewalks, streets or other locations where interference with public travel may
occur, nor shall carts be placed on or in front of neighboring property not in the ownership or
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tenancy of the person by whom such refuse are accumulated. All garbage and yard trash
containers shall be removed from the front of any building or premises receiving garbage and
yard trash pick-up not later than 11:00 p.m. of the day of the scheduled pick-up.
Sec. 19-66. Inspection of garbage cans and yard trash containers, condemnation.
All garbage cans and yard trash containers shall be subject to the approval and
condemnation by the city's solid waste division staff. Upon condemnation of any garbage can, a
notice of condemnation will be placed on the can. The owner or occupant of such premises shall
immediately provide a new can or request an additional cart from the city per the requirements of
the fee resolution. If a cart is deemed to be condemned, the city will provide a new cart.
However, carts intentionally damaged or broken shall be charged a fee for replacement of the
cart as outlined in the fee resolution. No appeal for such condemnation shall be possible except
to the special magistrate of the City of Edgewater.
Sec. 19-67. Builders, building contractors and privately employed tree trimmers and tree
surgeons.
Builders, building contractors and privately employed tree trimmers and tree surgeons must
remove all yard trash and debris from the premises upon which they are working at their own
expense, which shall include limbs, tree trunks, roots, concrete slabs, concrete blocks, wood, dry
wall, bricks and all other materials used by contractors in the course of building and/or
alterations. If builders, building contractors or privately employed tree trimmers and tree
surgeons fail to remove all trash and debris, it shall be the property owner's responsibility to
remove such at their own expense.
Sec. 19-68. Transporting and disposing of solid waste.
(a) It shall be unlawful for any person other than city employees to transport solid waste
through or over the streets or alleys of the city, unless as exempted below.
(b) It shall be unlawful for any person to allow accumulations of broken or used appliances,
furniture, bedding, building materials or other unsightly accumulations to exist upon any
such premises; and it shall be the duty of said person to make arrangements for a private
contractor to collect and dispose of said accumulations or request a special pickup from the
city for which a separate fee will be charged based on the amount of solid waste to be
collected and as outlined in the fee resolution.
(c) Exemptions from this section shall include the following.
(1) Landscape maintenance contractors hauling yard trash to a permitted landfill or
transfer station.
(2) Private tree trimmers or tree surgeons hauling yard trash to a permitted landfill or
transfer station.
(3) Private residents hauling yard trash or construction debris to a permitted landfill or
transfer station.
(4) Permitted and licensed solid waste contractors providing solid waste service to
businesses or transporting solid waste through the city in en route to a permitted
landfill or transfer station.
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(5) Any organization or business that has an agreement, contract or franchise with the
city to transport solid waste.
Sec. 19-69. Miscellaneous provisions.
(a) It shall be unlawful for any customer to place any waste identified as biohazardous or
hazardous waste in any solid waste container to be serviced by the city. Such waste shall be
disposed of in accordance with local, state and federal laws.
(b) It shall be unlawful for any person to throw, dump, deposit or place any trash, garbage or
litter of any kind in or upon any of the lakes, lake bottoms or public parks or upon the
property of another, without the express consent of the owner of such property within the
city.
Secs. 19-70-19-73. Reserved.
DIVISION 2. RECYCLABLE MATERIALS
Sec. 19-74. Unauthorized collection of recycling containers or recyclable materials.
(a) Prohibited. No person, firm or corporation shall be permitted to collect or remove either
recycling containers or recyclable materials placed in or near the recycling containers or
designated collection location unless previously authorized by the city.
(b) Penalties for unauthorized collection. Penalties for unauthorized collection of recycling
containers or recyclable materials shall be to the extent permitted by law.
Sec. 19-75. Recycling containers.
(a) Recycling containers shall be provided by the city or the city's designated contractor for the
purpose of collecting recyclable materials. All recyclables shall be placed in the container.
Any additional items over and above what the container can hold shall be placed near the
recycling container in such a matter that the recyclables will not be scattered nor be
obtrusive.
(b) Recycling containers, when not in use, shall be kept away from the front of any building or
premises. No recycling container shall be kept or maintained upon or adjacent to any street,
sidewalk, parkway or front yard and shall not be placed within five feet of any property line.
No recycling container shall be deposited upon any adjoining lot, or premises, whether
vacant or improved, occupied or unoccupied, or in any street, alley or park in the city.
Recycling containers may be placed in front of the building or premises after 4:00 p.m. the
evening before the scheduled pick-up service. Recycling containers shall be placed at a
location on the premises, or on right-of-way immediately adjacent to the premises, which is
easily accessible to employees of the recycling contractor and which location is no more
than five feet from the curb, street pavement or other transportation surface immediately
fronting the premises. No recycling container shall be placed on sidewalks, streets or other
locations where interference with public travel may occur, nor shall recycling containers be
placed on or in front of neighboring property not in the ownership or tenancy of the person
by whom such recyclables are accumulated. All recycling containers shall be removed from
the front of any building or premises receiving recycling pick-up not later than 11:00 p.m.
of the day of the scheduled pick-up.
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Sec.s 19-77-19-79. Reserved.
ARTICLE VI. STORMWA TER UTILITY
Sec. 194089. Stormwater utility.
Pursuant to the home rule power of Article VIII, 2(b), Florida Constitution; F.S. ch. 166;
and F.S. § 403.0893, the city has established a stormwater management utility and has declared
its intention to acquire, own, construct, equip, operate and maintain open drainage ways,
underground storm drains, treatment facilities, equipment and appurtenances necessary, useful or
convenient for a complete stormwater management system, and also including maintenance,
extension and construction of the present stormwater management system of the city; to
minimize by suitable means the system's contribution to flooding; to minimize by suitable means
the system's adverse effect on the water quality of lakes, ponds, rivers and basins within the city
and to seek the cooperation of the county and other municipalities in minimizing the effects of all
such systems and other sources of accelerated runoff to the flooding and water quality.
Sec. 19-8490. Findings, determination and intent.
It is hereby found, determined and declared as follows:
(a) Those elements of the stormwater system for the collection of and disposal of storm
and surface water are of benefit and provide services to all property within the city,
including property not presently served by the storm elements of the system.
(b) The cost of operating and maintaining the city's stormwater management utility
system and financing necessary repairs, replacements, improvements and extension
thereof should to the extent practicable, be allocated in relationship to the user
impacts, benefits enjoyed and services received there from.
(c) All property within the city demonstrates a hydrologic response to rainfall events
which generates stormwater runoff. The volume, rate, and quality of this runoff will
vary with the soil type, land use conditions, topographic conditions, and other
variables. In particular, the construction of nonresidential units on previously
undeveloped property will generally increase the volume and rate of stormwater
runoff, and adversely affect its water quality.
(d) It is the intent of this article to declare stormwater management as a city utility and
to maintain a program of service charges and fees for stormwater management
services, which charges and fees are to be levied against all developed property
within the city to accomplish the purposes of the utility.
Sec. 194391. Stormwater utility fee—Imposed; purpose.
A stormwater fee in an amount as established by resolution of the city council is hereby
imposed upon each developed lot and parcel within the city for services and facilities provided
by the stormwater management utility system. For purposes of imposing the stormwater fee, all
lots and parcels within the city are classified as residential or nonresidential.
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Sec. 19-5392. Sam"chedule.
There is hereby established a uniform schedule of charges and fees for the services and uses
of the facilities of the stormwater system by the owner of property (to include the tenant(s) or
occupant(s)), using the services and facilities of the system:
(a) Residential. Each single-family residential unit shall be billed a flat fee based upon
one equivalent drainage unit (EDU) per dwelling unit. For multifamily residential
developments, the account holder of the master meter shall be billed the fee
established by resolution of the city council for an EDU multiplied by the number
of residential units.
(b) Nonresidential. For nonresidential properties, the number of equivalent drainage
units (EDU) shall be determined. All nonresidential properties, not covered by
subsection (1) shall be billed based on the total impervious area of the property
divided by the equivalent drainage unit factor and then multiplied by the rate
established for each EDU. The calculation of the EDU amount shall be done to the
nearest hundredth of an equivalent drainage unit. Gross parcel area and impervious
area shall be determined for each parcel using site plans, tax maps, REDI maps,
aerial photos, and any other appropriate information. For nonresidential properties,
the total bill will be sent to the account holder of the master meter or to the property
owner as determined by the city.
(c) Charge per EDU. The charge per EDU will be as established by resolution of the
city council.
(d) Minimum bill. The minimum bill for developed property shall be for one EDU
See. 19-5493. Equivalent drainage unit calculation.
The equation for calculating the number of EDU's applicable to any property is as follows:
IP/CA = EDU
Where:
IP = Impervious area in square feet of utility account.
CA = Contributing area of a residential unit equal to 2,027 square feet.
EDU = Equivalent drainage unit.
Sec. 19-5394. Appeal of surface calculation.
Any person disagreeing with the calculation of EDU's as determined by the city, may appeal
such determination to the city manager or his designee. Any appeal must be filed in writing and,
as determined by the city manager, shall include a survey prepared by a registered surveyor
showing total property area and impervious surface area. Based upon the information provided
by the city and the appealing party, the city manager or designee shall make a final calculation of
pervious and impervious surfaces. The city manager shall notify the parties, in writing, of the
decision. If still dissatisfied, a party may appeal the city manager's decision to the city council in
the same manner as preceded. The decision of the city council shall be final. Any adjustment to
the originally determined area shall be retroactive to commencement of the charges and fees
provided said adjustment was requested within one year from the commencement of the charges
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and fees; thereafter any adjustment to the impervious area shall apply only from the date of the
request for the adjustment.
Sec. 19-8695. Stormwater utility fund.
(a) All stormwater management utility fees collected by the city shall be paid into a separate
fund to be known as the "stormwater utility fund". Such fund shall be used for the purpose
of paying the cost of stormwater drainage facilities to be constructed in the various storm
drainage basins and paying the cost of operation, administration and maintenance of the
stormwater system of the city. To the extent that the stormwater management fees collected
are insufficient to construct and/or maintain the needed stormwater system, the cost of the
same may be paid from such city fund as may be determined by the city council, but the city
council may order the reimbursement of such fund if additional fees are thereafter collected.
When the fund has surplus dollars on hand in excess of current needs, the surplus dollars
will be invested to return the highest yield consistent with proper safeguards.
(b) The fees and charges paid shall not be used for general or other governmental or proprietary
purposes of the city, except to pay for the equitable share of the cost of accounting,
management and government thereof. Other than as described above, the fees and charges
shall be used solely to pay for the cost of operation, repair, maintenance, improvements,
renewal, replacement, design, permitting, right-of-way acquisition and construction of
public stormwater drainage facilities and costs incidental thereto.
Sec. 19-8796. Stormwater utility fee collection.
All bills for stormwater utility fees shall be incorporated into the consolidated statement or
shall be incorporated into the annual tax bill as a non-advalorem assessment and shall be payable
in accordance with section 19-7. The stormwater utility fees shall become effective upon the
issuance of the certificate of occupancy (CO).
Sec. 19-8897. Enforcement.
(a) The city shall be permitted to enter all properties tributary to the city's stormwater system
for the purposes of inspections, observations, measurements and testing in accordance with
the provisions of this chapter and any rules or regulations adopted pursuant hereto.
(b) Any person violating any of the provisions of this article shall be punished as provided
herein and shall become liable to the city for any expense, loss or damage occasioned by the
city by reason of such violation to include reasonable attorney's fees whether or not
litigation is necessary.
Sec. 19-8998. Municipal separate storm sewer system (MS4) illicit discharges and
connections.
(a) Discharges to the city stormwater system. No discharge to the city's stormwater system
("MS4") shall be permitted to impair the operation of the MS4 or contribute to the failure of
the MS4 to meet any local, state or federal requirements, including, but not limited to
NPDES permits.
(b) Stormwater discharges to a MS4 from industrial, commercial or construction activities or
from new development or redevelopment projects are required to obtain appropriate local,
state and/or federal permits prior to discharging to the MS4.
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(c) Any person determined by the city to be responsible for a discharge contributing to the
failure of the city's MS4 to comply with the provisions and conditions of an NPDES permit
shall be guilty of a violation of this section and shall provide corrective measures as
determined necessary by the city and shall be liable for fines and damages, including
reasonable attorney's fees whether or not litigation is necessary.
(d) Stormwater discharges from industrial, commercial and construction activities.
(1) Stormwater discharges from industrial and commercial activities shall be treated or
managed on-site, in accordance with appropriate federal, state or local permits and
regulations, prior to discharge to the city's MS4.
(2) Stormwater discharges from significant construction activities shall be treated or
managed on-site in accordance with appropriate federal, state or local permits and
regulations, prior to discharge to the city's MS4. Erosion, sediment and pollution
control for the construction site shall be properly implemented, maintained and
operated according to a pollution prevention plan required by an NPDES permit for
the discharge of stormwater from construction activities, or according to a state
permit issued by the Florida Department of Environmental Protection or St. John
River Water Management District.
(3) Construction activity which is not defined as significant is still characterized as an
illicit connection or illicit discharge if the activity causes an impairment of the
operation of the MS4 or contributes to the failure of the MS4 to meet any local,
state or federal requirements, including, but not limited to NPDES permits.
(4) The owners or operators of industrial facilities, commercial entities and
construction sites which discharge stormwater to the city's MS4 shall provide prior
written notification to the city of the discharge and shall have received prior
approval of the discharge from the city.
(e) Control of pollutant contributions from interconnected stormwater systems. The discharge
of stormwater between interconnected state, county, cities or other MS4's shall not be
permitted to cause the city's MS4 to be in violation of the provisions of an NPDES permit.
Owners of any portion of the interconnected MS4 shall be responsible for controlling the
quality and quantity of discharge of stormwater to the city's MS4.
(f) Prohibition of illicit discharges and illicit connections.
(1) Illicit discharges and illicit connections to the city's MS4 are prohibited.
(2) Failure to report a connection to the city's MS4 or to waters of the United States
from industrial activities, commercial entities or construction activities constitutes
an illicit connection.
(3) Failure to report to the city a discharge to the city's MS4 or to waters of the United
States from industrial activities, commercial entities or construction activities
constitutes an illicit discharge.
(4) Any discharge to the
violation of federal,
discharge.
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city's MS4 or to waters of the United States which is in
state or local permits or regulations constitutes an illicit
56
(5) Persons responsible for illicit discharges or illicit connections shall immediately
cease the illicit discharge or illicit connection, and obtain appropriate approvals
from applicable regulatory agencies prior to resuming the discharge or connection.
(g) Inspection and monitoring for compliance. City personnel shall be granted access for
inspection of facilities discharging or suspected of discharging to the city's MS4 or waters
of the United States in order to effectuate the provisions of this article and to investigate
violations or potential violations of any of the terms herein. Alls structures and processes
which allow discharges to the city's MS4, as well as records concerning them, shall be made
accessible to the city's personnel for this purpose.
(h) Maintenance of structures. Structural control and other BMPs used for controlling the
discharge of pollutants to the city's MS4 or to waters of the United States shall be operated
and maintained so as to function in accordance with permitted design and performance
criteria and in compliance with federal, state or local permit conditions and regulations.
(i) Exemptions. The following activities shall not be considered an illicit discharge or illicit
connection, unless such activities cause, or significantly contribute to, the impairment of the
use of the city's MS4 or the violation of the conditions of the city's NPDES permit:
(1) Water line flushing;
(2) Flushing of reclaimed water lines;
(3) Street cleaning;
(4) Sidewalk/building power washing;
(5) Construction dust control;
(6) Landscape and lawn irrigation;
(7) Diverted stream flows or lake waters;
(8) Foundation, footing and roof drains;
(9) Uncontaminated groundwater infiltration;
(10) Discharges from potable water sources;
(11) Air conditioning condensate or cooling water;
(12) Springs;
(13) Individual residential car washing;
(14) Flows from riparian habitat and wetlands; and
(15) Discharges or flow from emergency fire fighting activities and emergency response
activities done in accordance with adopted spill response/action plans.
(j) Discharges of polluting matter in stormwater systems prohibited. It shall be unlawful for
any person to drain, deposit, place or otherwise discharge pollutants into any stormwater
system within the city, or to cause or permit to be drained, deposited, placed or otherwise
discharged into such stormwater system any organic or inorganic matter which causes
pollution, pursuant to the water quality standards established by all applicable regulatory
agencies. Polluting matter includes, but is not limited to the following:
(1) Petroleum products, including, but not limited to, oil, gasoline and grease;
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(2) Solid waste;
(3) Paints;
(4) Steam cleaning waste;
(5) Pesticides, herbicides or fertilizers;
(6) Degreasers, solvents;
(7) Sanitary sewage;
(8) Gray water, such as washing machine wastewater;
(9) Chemically treated cooling water;
(10) Antifreeze and other automotive products;
(11) Lawn clippings, leaves, branches, etc.;
(12) Animal carcasses;
(13) Recreational vehicle waters;
(14) Dyes;
(15) Construction materials;
(16) Any liquids in quantity or quality which are capable of causing a violation of the
city's NPDES stormwater permit; and
(17) Solids in such quantities or of such size capable of causing interference or
obstruction to the flow in the city's stormwater system.
(18) Washing of any public or private streets, buildings, sidewalks or parking areas,
unless all visible debris and sediments have been removed prior to washing. If the
removal of the debris and sediments is not feasible, as determined by the director or
designee, then the street, building, sidewalk or parking area may only be washed
with the city's written approval, which may include requirements to clean the
affected drainage pipelines or provide treatment of wastewater to prevent
downstream pollution.
(k) Enforcement, penalties and legal proceedings.
(l) All persons in violation of this regulation shall remedy such violations
immediately. All persons in violation shall, in addition to all other required
remedial actions, upon detection and/or written notification by the city, provide a
written response outlining the temporary and permanent measures that will be taken
to correct the violation and a proposed schedule for completion of the corrective
measures. All such proposals for corrective action are subject to the approval of the
city.
(2) The city is authorized to issue cease and desist orders in the form of written official
notices hand delivered or sent by registered mail to the person(s) believed to be
responsible for the violation and/or the owner of the property from, or on which the
violation is believed to be occurring. Specific activities and operations may be
ordered to cease based upon the following conditions:
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a. In a situation that may have a serious effect on the health, safety or welfare of
the public or the environment, including the quality of stormwater in the city's
MS4; or
b. When irreversible or irreparable harm may result, in the opinion of the city,
and immediate cessation of the activity is necessary to protect the quality of the
stormwater in the city's MS4, the public or the environment.
(3) Should any person responsible for a violation of this regulation fail to take the
remedial action as required by the city, the city may take such remedial action, and
all costs incurred by the city shall be the responsibility of the person or persons
responsible for the violation, and the city may record a lien against the personal
and/or real property of the violators to recover said costs and to collect all fines and
penalties imposed.
(4) In addition to the remedies provided herein, the city may make application to a
court of competent jurisdiction for injunctive relief to restrain any person from
violating or continuing to violate the provisions of this regulation. In addition, the
city may also seek entry of a court order requiring restoration and mitigation of any
impacted facilities, lands of waters, and may request any other appropriate legal
remedy, including reimbursement of court costs. The city shall be entitled to an
award of attorney's fees in prosecuting such actions, together with all attorney's fees
and costs on appeal.
(5) Any fines or other funds received as a result of enforcement action under this
regulation and which are not used for the specific purposes enumerated herein shall
be deposited into the stormwater utility fund, established under City Code.
(6) Penalties for violation of this article shall be outlined in a separate resolution as
approved from time to time by the city council.
ARTICLE VII. WATER CONSER VA TION STANDARDS
See. 19-9099. Definitions.
Address means the house number of a physical location of a specific property. This includes
"rural route" numbers but excludes post office box numbers. If a lot number in a mobile home
park or similar community is used by the U.S. Postal Service to determine a delivery location,
the lot number shall be the property's address. An "even numbered address" means an address
ending in the numbers 0,2,4,6,8 or the letters A -M. An "odd numbered address" means an
address ending in the numbers 1, 3, 5, 7, 9 or the letters N—Z.
Nonresidential landscape irrigation means the irrigation of landscape not included within
the definition of "residential landscape irrigation", such as that associated with public
commercial and industrial property, including commercial or transient housing units, hotel and
motel units and public medians and rights-of-way.
Residential landscape irrigation means the irrigation of landscape associated with any
housing unit having sanitary and kitchen facilities designed to accommodate one or more
residents, including multiple housing units and mobile homes.
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Sec. 19-91100. Variances.
(a) When the city finds that compliance with any of the requirements of this article would result
in undue hardship for a specific user, a variance from any one or more such requirements
may be granted by the city, provided the variance is the minimum necessary to alleviate
such undue hardship for the user and to the extent such variance can be granted without
impairing the intent and purpose of this article.
(b) All users requesting a variance from the provisions of this article shall file a petition for
variance to the city, but must conform to the greatest possible extent to the water use
restrictions of this article until such variance is granted. The city shall respond to the
petitioner within five working days as to whether the variance is approved. In the event of
denial, petitioner may request city council to overturn the director's decision.
(c) A petition for variance shall be in writing and contain the following:
(1) The petitioner's name and address.
(2) The specific provision from which the petitioner is requesting a variance.
(3) A detailed statement of the facts which the petitioner believes demonstrate that the
request qualifies for variance from section 19-92.
(4) A description of the variance desired.
(5) The period of time for which the variance is sought, including the reasons and facts
in support thereof.
(6) The damage or harm resulting or which may result to the petitioner from
compliance with the provision.
(7) The steps the petitioner is taking to meet the provisions from which the variance is
sought and when compliance could be achieved.
(8) Other relevant information the petitioner believes supports his/her petition for
variance.
(d) No petition for variance shall be approved unless the petitioner affirmatively demonstrates
that one or more of the following circumstances exists:
(1) The variance is essential to protect health or safety;
(2) Compliance with the provision from which a variance is sought will require
measures which, because of their extent or cost, cannot be accomplished;
(3) Compliance with the provision from which a variance is sought will result in a
substantial economic, social or health burden on the petitioner or those served by
the petitioner; or
(4) Alternative restrictions which achieve the same level of demand reduction as the
provision are available and reflect the intent and purpose of this article.
(e) No variance shall be granted from section 19-92 to allow a single irrigation zone to be
irrigated more than two days per week during Daylight Savings Time or more than one day
per week during Eastern Standard Time.
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Sec. 19-93101. Declaration of water shortage.
(a) The City of Edgewater has determined that the groundwater resource available to its citizens
is a sole -source aquifer and is not connected to other groundwater resources. The city deems
it necessary to be able to determine water shortages based on the data available in the city
independent of data available elsewhere in the district.
(b) The city council shall declare a water shortage or water shortage emergency based on public
concern and technical information, such as, but not limited to, well draw down levels,
groundwater levels and rainfall, and establish a specific level of water conservation and use
corresponding to a level as set forth in this article.
(c) In the event the district declares a water shortage and implements its water shortage plan,
40C-21, Florida Administrative Code, the water shortage plan and all elements of said plan
become effective and take precedence over the provisions of this article, provided that the
plan provides for a more restrictive level of water conservation than the level in effect, until
the water shortage declaration expires.
Sec. 19-10293. Landscape irrigation schedules.
The city, in order to provide the necessary levels of year-round water conservation and
provide for the most logical transition to a declared water shortage, water shortage emergency or
the district water shortage plan, shall establish the following levels of water conservation and use
for landscape irrigation using ground or surface water, from a private well or pump, or from a
public or private utility:
When Daylight Savings Time is in effect, landscape irrigation shall occur only in
accordance with the following schedule:
Residential landscape irrigation at odd numbered addresses or no address:
a. Potable or well water irrigation may occur only on Wednesday and Saturday
and shall not occur between 10:00 a.m. and 4:00 p.m.; and
b. Reclaimed water system includes systems in which the primary source is
reclaimed water, which may or may not be supplemented from another source
during peak demand periods. Irrigation with reclaimed water may occur only
on Monday, Wednesday and Saturday, unless provided for by an exception as
identified within this article, and shall not occur between 10:00 a.m. and 4:00
p.m.; and
Residential landscape irrigation at even numbered addresses:
a. Potable or well water irrigation may occur only on Thursday and Sunday and
shall not occur between 10:00 a.m. and 4:00 p.m.; and
b. Reclaimed water system includes systems in which the primary source is
reclaimed water, which may or may not be supplemented from another source
during peak demand periods. Irrigation with reclaimed water may occur only
on Sunday, Tuesday, and Thursday and shall not occur between 10:00 a.m. and
4:00 p.m.; and
Nonresidential landscape irrigation may occur only on Tuesday and Friday and shall
not occur between 10:00 a.m. and 4:00 p.m.; and
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No more than 3/4 inch of water may be applied per irrigation zone on each day that
irrigation occurs, and in no event shall irrigation occur for more than one hour per
irrigation zone on each day that irrigation occurs.
When Eastern Standard Time is in effect, landscape irrigation shall occur only in
accordance with the following schedule:
Residential landscape irrigation at odd numbered addresses or no address:
a. Potable or well water irrigation may occur only on Saturday and shall not
occur between 10:00 a.m. and 4:00 p.m.; and
b. Reclaimed water system includes systems in which the primary source is
reclaimed water, which may or may not be supplemented from another source
during peak demand periods. Irrigation with reclaimed water may occur only
on Monday, Wednesday and Saturday and shall not occur between 10:00 a.m.
and 4:00 p.m.; and
Residential landscape irrigation at even numbered addresses:
a. Potable or well water irrigation may occur only on Sunday and shall not occur
between 10:00 a.m. and 4:00 p.m.; and
b. Reclaimed water system includes systems in which the primary source is
reclaimed water, which may or may not be supplemented from another source
during peak demand periods. Irrigation with reclaimed water may occur only
on Sunday, Tuesday, and Thursday and shall not occur between 10:00 a.m. and
4:00 p.m.; and
Nonresidential landscape irrigation may occur only on Tuesday and shall not occur
between 10:00 a.m. and 4:00 p.m.; and
No more than 3/4 inch of water may be applied per irrigation zone on each day that
irrigation occurs, and in no event shall irrigation occur for more than one hour per
irrigation zone on each day that irrigation occurs.
All landscape irrigation shall be limited in amount to only that necessary to meet landscape
needs and in accordance with the schedules herein:
Level H. Level II shortage corresponds to the district's Phase II Severe Water Shortage
Plan and all provisions therein as set forth in 40C-21.631, F.A.C. which are
incorporated herein by reference. Upon declaration of a severe water shortage by the
District, and landscape irrigation conducted in violation of the schedule established by
the District shall be punishable as set forth in this article.
Level III. Level III shortage corresponds to the district's Phase III Extreme Water
Shortage Plan and all provisions therein as set forth in 40C-21.641, F.A.C. which are
incorporated herein by reference. Upon declaration of an extreme water shortage by the
district, any landscape irrigation conducted in violation of the schedule established by
the district shall be punishable as set forth in this Article.
Level IV. Level IV shortage corresponds to the district's Phase IV Critical Water Shortage
Plan and all provisions therein as set forth in 40C-21.651, F.A.C. which are incorporated herein
by reference. Upon declaration of a critical water shortage by the district, any landscape
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irrigation conducted in violation of the schedule established by the district shall be punishable as
set forth in this article.
Sec. 19-94103. General restrictions on water use.
Excessive and unnecessary water use. Excessive, wasteful and unnecessary water use is
hereby prohibited. Excessive, wasteful and unnecessary water use includes but is not limited to:
Allowing water to be dispersed without any practical purpose to the water user, regardless
of the type of water use;
Allowing water to be dispersed in a grossly inefficient manner, regardless of the type of
water use; and
Allowing water to be dispersed to accomplish a purpose for which water use is unnecessary
or which can be readily accomplished through alternative methods of significantly less
water use.
Discharge of groundwater used in heating or air conditioning systems. All groundwater
utilized in water -to -air heating and air conditioning systems must be directed to landscape
irrigation systems, groundwater injection or exfiltration systems. Off-site discharge from heating
and air conditioning systems is prohibited.
All automatic landscape irrigation systems, regardless of date of installation, shall be
equipped with rain sensor devices or soil moisture sensing devices that overrides the irrigation
system when adequate rainfall has occurred.
Sec. 19-95104. Exceptions.
Landscape irrigation shall be subject to the following irrigation schedule exceptions:
(a) Irrigation using a micro -spray, micro jet, drip or bubbler irrigation systems is
allowed anytime.
(b) Agricultural uses are exempt from the provisions of this article, as long as they
follow the agricultural water conservation requirements of the district.
(c) Irrigation of new landscape is allowed at any time of day on any day for the initial
30 days and every other day for the next 30 days for a total of one 60 -day period,
provided that the irrigation is limited to the minimum amount necessary for such
landscape establishment.
(d) Watering in of chemical, including insecticides, pesticides, fertilizers, fungicides,
and herbicides, when required by law, the manufacturer, or best management
practices, is allowed at any time of day on any day within 24 hours of application.
Watering in of chemicals shall not exceed ''A inch of water per application except as
otherwise required by law, the manufacturer, or best management practices.
(e) Irrigation systems may be operated at any time of day on any day for maintenance
and repair purposes not to exceed 20 minutes per hour per zone.
(f) Irrigation using hand-held hose equipped with an automatic shut-off nozzle is
allowed at any time of day on any day.
(g) Discharge of water from a water -to -air air conditioning unit or other water -
dependent cooling system is not limited. Exemption stickers shall be applied for
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and issued by the city for water -to -air conditioning units and shall be displayed in a
conspicuous location easily viewed by enforcement personnel.
(h) The use of recycled water from wet detention treatment ponds for irrigation is
allowed anytime provided the ponds are not augmented from any ground or off-site
surface water, or public supply sources.
(i) Filling or refilling of swimming pools, except as necessary during construction
process, repairs, or following any voluntary cessation of use of the pool to prevent
leakage of water, and except as necessary to raise the level of water to allow the
pool's skimmer to properly function, is prohibited. The continuous refilling of
swimming pools while a leak is occurring is hereby prohibited.
(j) It is understood there may be times when it is in the best interest for the continued
operation and permit requirements of the wastewater treatment plant to temporarily
rescind reclaimed water restrictions. At the discretion of the city, reclaimed water
irrigation on additional days and/or times is hereby authorized. Such deviation shall
occur only as long as necessary to meet the needs of the wastewater treatment plant
and the city shall publicly announce when the additional days and/or times are no
longer necessary and that the schedule set forth herein is back in effect.
Sec. 19-%105. Violations; declaration.
The city hereby finds and declares that a violation of this article presents a serious threat to
the public health, safety, and welfare and is irreparable or irreversible in nature. Penalties for
violation of this article shall be outlined in a separate resolution as approved from time to time
by the city council.
Sec. 19-97106. Enforcement.
(a) Each employee with designated code enforcement authority, in connection with his/her
duties imposed by law, and are hereby authorized to enforce the provisions of this article,
shall have the power to enforce violations as set forth in the Code of Ordinances of the City
of Edgewater.
(b) It shall be the duty of the designated enforcement employees to investigate complaints of
violations of City Codes and to initiate enforcement proceedings as outlined in the City of
Edgewater Code of Ordinances.
(c) The city is hereby authorized to discontinue reclaimed water service to any property
wherein a violation of this article continues to exist after service of warning notice or
citation as provided above. Reclaimed water service shall not be restored until the violation
is corrected and the appropriate reconnection fee is paid.
Sec. 19-10798. Penalty.
Any person, firm or corporation violating any provisions of this article shall, upon
conviction, be fined in accordance to penalties adopted by resolution by the city council. If a
person who has committed the violation does not contest the citation, a civil penalty of less than
the maximum allowed will be assessed. Any citation may be contested to the City of Edgewater
Citizens Code Enforcement Board.
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Secs. 19-99,19-100. Reserved.
ARTICLE VIIL GREATER EDGEWATER WATER, WASTEWATER AND RECLAIMED
WATER SERVICEAREA
Sec. 19-108-1. Creation; purpose.
There is hereby created under authority of F.S. § 180.02 (1985) an area defined as the "City
of Edgewater, Wastewater and Reclaimed Water Service Area" for the purpose of delivering to
that area water, wastewater and reclaimed water services and exercising within that area the
powers provided for by law.
Sec. 19-1093. Property map.
The Edgewater Water, Wastewater and Reclaimed Water Service Area shall include the
property in Volusia County, attached hereto as Exhibit "A", and by reference incorporated herein
as if fully set forth on file and available for inspection in the office of the city clerk. The map
may be updated from time to time.
Sec. 19-443110. Extension from corporate limits.
The Greater Edgewater Water, Wastewater and Reclaimed Water Service Area shall not
extend for more than five miles from the corporate limits from the city, as amended from time to
time.
Sec. 19-404111. Property within any other incorporated municipality excluded.
None of the Greater Edgewater Water, Wastewater and Reclaimed Water Service Area
includes any area within the city limits of any other incorporated municipality.
Sec. 19-403112. Legal description.
The legal description by metes and bounds of the land in Volusia County, Florida, included
within the City of Edgewater City Water, Wastewater, and Reclaimed Water Service Area is on
file with the city clerk and available for inspection and copying.
Sec. 19-106. Reserved.
Sec. 19-107. Water and wastewater availability.
(a) To the full extent permitted by law, all buildings and structures which are located or
constructed on property in the Greater Edgewater Water, Wastewater and Reclaimed Water
Service Area and which are adjacent to a public right-of-way or easement that has a water
main or gravity sanitary wastewater located in it, are hereby required, except as provided in
paragraphs (b) and (c), to connect with and use the services and facilities of the city water
and wastewater systems in order to preserve the health, safety and welfare of the citizens
and inhabitants of the Edgewater Water, Wastewater and Reclaimed Water Service Area.
(b) A water main or gravity sanitary wastewater is considered adjacent or available to a
property when it is located anywhere in a public right-of-way or easement adjoining the
property. A water main or gravity sanitary wastewater will not be considered available in a
state road right-of-way unless it is located on the same side of the paved roadway as the
property to be served. When the water main and/or gravity sanitary wastewater is available
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to a property that property will be billed a water service availability charge and/or a
wastewater service availability charge as set forth by resolution of the city council. The
service availability charge will be credited toward the development fee at the time the
building or structure located on the property is connected to the city water and/or
wastewater systems as set forth in this article.
(c) If a water main is adjacent or available to a property, and a building or structure located on
that property is connected to an individual well, then that building or structure will be
required to be connected to the City of Edgewater`s water system when the well system
fails, becomes contaminated or experiences a dry well condition or a permit is requested
from the Volusia County Health Department or other appropriate authority for a
replacement well but shall be connected to the water main no greater than 90 days from the
date of notification.
Sec. 19-108. Reserved.
ARTICLEIX. FLORIDA -FRIENDLY FERTILIZER USE
Sec. 19-109. Findings.
As a result of impairment to surface waters caused by excessive nutrients, and as a result of
increasing levels of nitrogen in the surface and around water within the aquifers and springs, the
city council hereby determines that the use of fertilizers creates a risk of contributing to adverse
effects on surface and groundwater. Accordingly, the city council hereby finds that management
measures promulgated by the Florida Department of Environmental Protection (FDEP) as
contained in the most recent edition of the manual "Florida -Friendly Best Management Practices
for Protection of Water Resources by the Green Industries" are required.
Sec. 19-110. Purpose and intent.
This article regulates the proper use of fertilizers by any applicator; requires proper training
of commercial and institutional fertilizer applicators; establishes training and licensing
requirements; establishes a prohibited application period; and specifies allowable fertilizer
application rates and methods, fertilizer -free zones, low maintenance zones, and exemptions.
This article requires the use of best management practices, which provide specific management
guidelines to minimize negative secondary and cumulative environmental effects associated with
the misuse of fertilizers. These secondary and cumulative effects have been observed in and on
natural and constructed stormwater conveyances, rivers, creeks, canals, springs, lakes, estuaries
and other waterbodies. Collectively, these waterbodies are an asset critical to the environmental,
recreational, cultural and economic well-being of city residents and the health of the public in
general. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation
provided by natural and constructed stormwater conveyances. Regulation of nutrients, including
both nitrogen and phosphorus contained in fertilizer, will help improve and maintain water and
habitat quality.
Sec. 19-111. Definitions.
For the purposes of this article, the following terms shall have the meanings set forth in this
section. Words used in the singular shall include plural, and the plural, singular; words used in
the present tense shall include future tense. The word "shall" is mandatory and not discretionary.
The word "may" is permissive. Words not defined herein shall have the meaning given in other
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sections of this Code and if not therein, shall have the meaning given by common and ordinary
use:
Administrator means the city manager or an administrative official designated by the city
manager to administer and enforce the provisions of this article.
Application or apply means the actual physical deposit of fertilizer to turf and/or landscape
plants.
Applicator means any person who applies fertilizer on turf and/or landscape plants.
Approved best management practices training program means a training program approved
pursuant to F.S.§403.9338 or any more stringent requirements set forth in this article that
includes the most current version of the Florida Department of Environmental Protection (FDEP)
manual "Florida -Friendly Best Management Practices for Protection of Water Resources by the
Green Industries," as may be amended.
Best management practices means turf and landscape practices or a combination of
practices based on research, field-testing, and expert review determined to be the most effective
and practicable on -location means, including economic and technological considerations, for the
improving water quality, conserving water supplies and protecting natural resources.
Code enforcement officer, official or inspector means any designated employee or agent
whose duty is to enforce codes and ordinances.
Commercial fertilizer applicator, except as provided in F.S. §482.1562(9), means any
person who applies fertilizer for payment or other consideration to property not owned by the
person or firm applying the fertilizer or the employer of the applicator.
Fertilize means the act of applying fertilizer to turf, specialized turf or landscape plants.
Fertilizer means any substance or mixture of substances that contains one or more
recognized plant nutrients and promotes plant growth or controls soil acidity or alkalinity or
provides other soil enrichment, or provides other corrective measures to the soil. Fertilizer does
not include unmanipulated peat or compost which make no claims as described in the preceding
sentence.
Guaranteed analysis means the percentage of plant nutrients or measures of neutralizing
capability claimed to be present in a fertilizer.
Institutional fertilizer applicator means any person, other than a private, noncommercial or
a commercial fertilizer applicator (unless such definitions also apply under the circumstances),
that applies fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional
fertilizer applicators shall include, but not be limited to: owners, managers or employees of
public lands, schools, parks, religious institutions, utilities, industrial or business sites and any
residential properties maintained in condominium and/or common ownership.
Landscape plant means any native or exotic tree, shrub or groundcover (excluding turf).
Low maintenance zone means an area a minimum of ten feet wide adjacent to watercourses
which is planted and managed in order to minimize the need for fertilization, watering, mowing,
etc.
Person means any natural person, business, corporation, limited liability company,
partnership, limited partnership, association, club, organization, and/or any group of people
acting as an organized entity.
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Prohibited application period means the time period during which a flood watch or
warning, a tropical storm watch or warning, a hurricane watch or warning is in effect for any
portion of Volusia County, issued by the National Weather Service, or if heavy rain, as defined
by the World Meteorological Organization, as rainfall greater than or equal to two inches in a 24-
hour period is likely.
Saturated soil means a soil in which the voids are filled with water. Saturation does not
require flow. For the purposes of this article, soils shall be considered saturated if standing water
is present or the pressure of a person standing on the soil causes the release of free water.
Slow release, controlled release, timed release, slowly available, or water insoluble
nitrogen means nitrogen in a form which delays its availability for plant uptake and use after
application, or which extends its availability to the plant longer than a reference rapid or quick -
release product.
Turf, sod or lawn means a piece of grass -covered soil held together by the roots of the grass.
Sec. 19-112. Applicability.
This article shall apply and regulate any and all applicators of fertilizer and areas of
application of fertilizer within the incorporated limits of the city, unless such applicator is
specifically exempted by the terms of this article. This article shall be prospective only and shall
not impair any existing contracts.
Sec. 19-113. Timing of fertilizer application.
(a) No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or
landscape plants during the prohibited application period, or to saturated soils.
(b) Fertilizer containing nitrogen or phosphorus shall not be applied before seeding or sodding a
site and shall not be applied for the first 30 days after seeding or sodding, except when
hydro -seeding for temporary or permanent erosion control in an emergency situation, or in
accordance with an adopted stormwater pollution prevention plan for that site.
(c) Fertilizer containing nitrogen or phosphorus shall not be applied to turf or landscape plants
June 1 through September 30 of each year.
Sec. 19-114. Fertilizer -free zones.
Fertilizer shall not be applied within 15 feet of any pond, stream, watercourse, lake, canal or
wetland as defined by the Florida Department of Environmental Protection Rule 62-340, Florida
Administrative Code, or from the top of a seawall. Newly planted turn and/or landscape plants
may be fertilized in this zone only for a 60 -day period beginning 30 days after planting if needed
to allow the plants to become well established. Caution shall be used to prevent direct deposition
of nutrients into the water.
Sec. 19-115. Low maintenance zones.
A voluntary ten -foot low maintenance zone is strongly recommended, but not mandated
from any pond, stream, watercourse, lake, wetland or from the top of a seawall. A swale/berm
system is recommended for installation at the landward edge of this low maintenance zone to
capture and filter runoff. No mowed or cut vegetative material may be deposited or left
remaining in this zone or deposited in the water. Care should be taken to prevent the over -spray
of aquatic weed products in this zone.
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Sec. 19-116. Fertilizer content and application rates.
(a) Fertilizers applied to turf shall be applied in accordance with requirements and directions
provided by Rule 5E-1.003 Florida Administrative Code, "Fertilizer Label Requirements for
Urban Turf, Sports Turf or Lawns."
(b) Nitrogen or phosphorus fertilizer shall not be applied to turf or landscape plants except as
provided in subsection (a) for turf or in the University of Florida/IFAS recommendations for
landscape plants, vegetable gardens and fruit trees and shrubs, unless a soil or tissue
deficiency has been verified by an approved test.
(c) Fertilizers containing phosphorous shall not be applied to turf, sod, lawns or landscape
plants in the City of Edgewater. No fertilizer containing phosphorus shall be applied to turf,
sod, lawns or landscape plants unless a soil or plant tissue deficiency is verified by a testing
methodology approved by the University of Florida, Institute of Food and Agricultural
Sciences. If a deficiency is verified, the application of fertilizer containing phosphorus shall
adhere to the rates and directions for the appropriate region of Florida as adopted by Florida
Administrative Code Rule. This subsection supersedes any inconsistent provisions in
subsections (a) and (b) regarding phosphorus.
(d) Fertilizers containing nitrogen applied to turf or landscaping plants within the City of
Edgewater shall contain no less than 50 percent slow release nitrogen per guaranteed
analysis label. This subsection supersedes any inconsistent provisions in subsections (a) and
(b) regarding nitrogen.
Sec. 19-117. Application practices.
(a) Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders.
Deflectors must be positioned such that fertilizer granules are deflected away from all
impervious surfaces, fertilizer -free zones and waterbodies, including wetlands.
(b) Fertilizer shall not be applied, spilled or otherwise deposited on any impervious surfaces.
(c) Any fertilizer applied, spilled or deposited, either intentionally or accidentally on any
impervious surface shall be immediately and completely removed to the greatest extent
practicable.
(d) Fertilizer released on an impervious surface must be immediately contained and either
legally applied to turf or any other legal site, or returned to the original or other appropriate
container.
(e) In no case shall fertilizer be washed, swept or blown off impervious surfaces into
stormwater drains, ditches, conveyances or waterbodies.
Sec. 19-118. Management of grass clippings and vegetative matter.
In no case shall grass clippings, vegetative material and/or vegetative debris be washed,
swept or blown off into stormwater drains, ditches, conveyances, waterbodies, wetlands or
sidewalks or roadways. Any material that is accidentally so deposited shall be immediately
removed to the maximum extent practicable.
Sec. 19-119. Exemptions.
This article shall apply to:
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(1) Bona fide farm operations as defined in F.S. §823.14, "Florida Right to Farm Act."
(2) Other properties not subject to or covered under subsection (a) that have pastures
used for grazing livestock.
(3) Any lands used for bona fide scientific research, including, but not limited to:
research on the effects of fertilizer use on stormwater, water quality, agronomics or
horticulture.
(4) Golf courses, athletic fields and turf managed for active recreation, whose owners
implement best management practices as described in Rule 5E -1.003(2)(d), Florida
Administrative Code, "Fertilizers Labeled for Sports Turf at Golf Courses, Parks
and Athletic Fields."
Sec. 19-120. Training.
(a) All commercial and institutional fertilizer applicators shall abide by and successfully
complete the six -hour training program in the annual "Florida -Friendly Best Management
Practices for Protection of Water Resources by the Green Industries" offered by the Florida
Department of Environmental Protection (FDEP) through the University of Florida/IFAC
Florida -Friendly Landscapes Program, or an approved equivalent.
(b) Private, noncommercial applicators are encouraged to follow the recommendations of the
University of Florida/IFAS Florida Yards and Neighborhoods Program when applying
fertilizers.
Sec. 19-121. Licensing of commercial fertilizer applicators.
(a) By September 30, 2019, all commercial fertilizer applicators shall abide by and successfully
complete training and continuing education requirements in the manual "Florida -Friendly
Best Management Practices for Protection of Water Resources by the Green Industries"
offered by the Florida Department of Environmental Protection through the University of
Florida/IFAS Florida -Friendly Landscapes Program or an approved equivalent program.
Commercial fertilizer applicators shall provide proof of completion of the program prior to
obtaining a new certificate of use for any category of occupation which may apply any
fertilizer to turf and/or landscape plants. Commercial fertilizer applicators with an existing
certificate of use for any category of occupation which may apply any fertilizer to turf
and/or landscape plants shall provide proof of completion of the program within 30 days
after completing the program and prior to September 30, 2019.
(b) After September 30, 2019, all commercial fertilizer applicators shall have and carry in their
possession at all times when applying fertilizer, evidence of certification by the Florida
Department of Agriculture and Consumer Services, as a commercial fertilizer applicator
pursuant to Rule 5E-14.117(18), Florida Administrative Code.
(c) By September 30, 2019, all businesses applying fertilizer to turf and/or landscape plants
(including, but not limited to: residential lawns, commercial properties and multifamily and
condominium properties) shall ensure that at least one employee has a "Florida -Friendly
Best Management Practices for Protection of Water Resources by the Green Industries"
training certificate. Business owners for any category of occupation which may apply any
fertilizer to turf and/or landscape plants shall provide proof of completion of the program by
at least one employee prior to the business owner obtaining a new certificate of use.
Business owners for any category of occupation which may apply any fertilizer to turf
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and/or landscape plants with an existing certificate of use shall provide proof of completion
of the program by at least one employee within 30 days after completing the program and
prior to September 30, 2019.
Sec. 19-122. Enforcement; declaration.
The city council hereby finds and declares that a violation of this article presents a serious
threat to the public health, safety and welfare and is irreparable or irreversible in nature. No
violator of this article shall be entitled to an opportunity to correct a violation prior to the levy of
a civil penalty in accordance with any of the enforcement methods prescribed in Section 1-8
(General penalty; continuing violations) and Section 10-347 (Administrative fines and liens) or
other applicable sections of this Code. The civil penalty shall be in an amount as set forth in the
City of Edgewater's fee resolution in effect at the time of levying such penalties.
ARTICLE X. RECLAIMED WATER REUSE PROGRAM
Sec. 19-123. Required use of reclaimed water system.
(a) Connection to the reclaimed water system for single-family residential lots shall be on a
voluntary basis except that existing irrigation meters shall be disconnected from the potable
water system and reconnected to the reclaimed water system when reclaimed water
becomes available.
(b) Lots or parcels may connect to the reclaimed water system when available prior to the
issuance of a certificate of occupancy.
(c) Reclaimed water shall be deemed available to a lot or parcel if a reclaimed water
distribution pipe with capacity to serve the site is installed and in service within 50 feet of
any property line of the lot and can be accessed by a service line through public right-of-
way or a recorded uti l ity easement.
Sec. 19-124. Limitations on use of reclaimed water.
(a) Use of reclaimed water shall be limited to irrigation of residential lawns, golf courses,
cemeteries, parks, landscaped areas, highway medians and rights-of-way or other uses
specifically authorized by rule 62-610 F.A.C.
(b) Since reclaimed water has not received the higher degree of treatment required for potable
water, reclaimed water shall not be used:
(1) To fill swimming pools, wading pools, or hot tubs.
(2) For drinking or cooking purposes.
(3) For flushing commodes in private homes.
(4) For direct spraying on edible crops that will not be peeled, skinned or cooked.
(5) In the sharing of a reuse line.
(6) For cooling air conditioners.
(7) For connecting to another water service.
(c) Reclaimed water shall not be applied to areas within 100 feet of any public eating, drinking
or bathing facility unless low trajectory, non -aerosol nozzles are used.
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(d) Reclaimed water shall not be applied to impervious surfaces that allow drainage to surface
waters.
(e) Reclaimed water may be used for flushing commodes in industrial and commercial
buildings, motels, hotels, condominiums and apartment buildings where the occupant does
not have access to the building's plumbing for repairs or modifications.
(f) Edible crops that will be peeled, skinned or cooked may receive direct contact with
reclaimed water.
Sec. 19-125. Reclaimed water systems for new subdivisions.
(a) Developers of all subdivisions, except minor subdivisions as defined in chapter 21 (Land
Development Code) of City of Edgewater Code of Ordinances, shall install reclaimed water
distribution systems in the public right-of-way or recorded utility easements within the
subdivision.
(b) Construction plans and hydraulic calculations for the required reclaimed water distribution
systems shall be submitted to the city for approval. The plans and calculations shall be
prepared by a professional engineer licensed in the state. If applicable at the time of
installation, FDEP construction permits will be required.
(c) Upon completion by the developer and acceptance by the city, the reclaimed water
distribution system shall become the property of the city.
Sec. 19-126. Ownership and maintenance of reclaimed water system.
(a) The city shall own and maintain all reclaimed water facilities within the public right-of-way
and utility easements.
(b) The property owner shall be responsible for maintenance of the irrigation system on his
property from the master control valve at the property line and shall be responsible for the
prevention of ponding and runoff from the irrigation area and all requirements provide
within this section.
Sec. 19-127. Prohibited activities and biennial inspections.
(a) No person shall tamper with, alter, connect to without the city's approval, operate the valves
of, or damage the city's reclaimed water distribution system.
(b) The city may discontinue reclaimed water service to any customer for tampering with any
service, violation of cross -connection rules or other regulations, or for any other reason that
may be detrimental to the system.
(c) The city will conduct inspections of irrigation systems on initial connection to the reclaimed
water supply and biennially thereafter to determine the existence of illegal hookups,
violation of ordinances, or cross -connections. Authorization for these inspections will be
given by the applicant in conjunction with the application for reclaimed water. Refusing to
permit such an inspection shall be grounds for immediate discontinuance of the reclaimed
water service by the city to the subject premises.
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Sec. 19-128. Installation/construction of reclaimed water irrigation systems.
(a) Wells connected to existing irrigation systems shall be disconnected and plugged by a
licensed well driller prior to connection to the reclaimed water system or upon approval of
the city, a reduced pressure zone backflow prevention device may be installed on the well.
(b) Existing irrigation systems shall be disconnected from potable water systems prior to
connection to the reclaimed water system. A backflow prevention device shall be installed
on the potable water supply by a certified technician at the expense of the customer prior to
connection to the reclaimed water system. At a minimum, private homes will be retrofitted
with a double check valve that can be field-tested for proper operation as a means of
protecting the city's potable water supply. As determined by the city, additional safeguards
may be required to protect the city's potable water supply. Testing of the backflow
prevention device will be done biennially by the city's certified backflow technician.
(c) Any commercial/industrial building or hotel, motel, condominium or apartment building
desiring to use reclaimed water for flushing commodes will be required to have a backflow
device that is commensurate with the degree of hazard associated with their business as
determined by the city.
(d) Installation, operation, maintenance and annual inspections of backflow prevention devices
shall be in accordance with this article.
(e) Irrigation lines may be installed either in-ground or above-ground except in the case of
multi-family residential or commercial customers where in-ground lines are required.
(1) In-ground systems shall be connected to the supply source at the reclaimed water
box using approved plumbing devices to prevent breakage at the connection point.
Where possible there shall be a minimum of three feet horizontal separation of the
reclaimed water line from the potable water or sewage collection line. If a three-
foot separation cannot be achieved, one of the following conditions shall be met:
a. The top of the reclaimed line is at least 18 inches below the potable line.
b. The reclaimed water line is sleeved or encased in concrete.
(2) For above-ground irrigation lines, a "quick disconnect" device shall be installed in
the reclaimed water box. To prevent inadvertent use for drinking, no above-ground
spigots shall be installed.
a. Performance of the irrigation system will be contingent upon the flow and
pressure provided by the city's reclaimed water supply system. The customer is
responsible for sizing and zoning irrigation lines to achieve maximum
efficiency of the system.
b. Special "quick disconnect" hose connections will be provided by the city on
the customer provided three-fourth-inch hose with the connection to in-ground
hose bibs.
c. City control valve boxes and boxes for in-ground hose bibs shall be labeled
"reclaimed water". The boxes shall be of the size and design required by the
city.
d. All pipes and above ground appurtenances for reclaimed water systems shall
be identified by color and permanent labeling. All pipes shall be purple.
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Sec. 19-129. Application for reclaimed water connection.
Application for connection to the reclaimed water system shall be made to the city on the
form provided for that purpose. Connection and inspection fees as established by resolution of
the city council shall accompany the application.
(Ord. No. 2012-0-05, Pt. A, 6-4-12)
Sec. 19-130. Reclaimed water utility fees.
(a) All bills for reclaimed water utility fees shall be incorporated into the consolidated
statement and shall be payable in accordance with section 19-7. The reclaimed water utility
fees shall become effective at the time of meter installation.
(b) When, at the request of the customer, the reclaimed water connection is removed, reclaimed
water shall not be reinstalled until a new connection fee is paid in full.
(c) Discontinuance of the potable water service for non-payment will be grounds for
disconnection of reclaimed water service.
(d) A service resumption fee for resumption of service either in the case of prior termination at
the request of the customer or termination by the city for failure to comply with applicable
rules and regulations shall be established by the city council. This fee shall be in addition to
any past due charges and shall cover the cost of actual service resumption as well as on-site
system inspection by the city. If the request for service resumption follows termination of
service for failure to comply with applicable rules or regulations, service shall not be
reconnected until the director of environmental services receives adequate assurance that the
previous violation will not reoccur.
(e) To encourage connection of reclaimed water reuse service by existing city utilities
customers, the city council may by resolution temporarily amend or suspend various
elements of the fee structure established in this section to encourage connection to the
reclaimed water system.
(Ord. No. 2012-0-05, Pt. A, 6-4-12)
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Sees. 19-131-19-140. Reserved.
EXHIBIT "A"
GREATER EDGEWATER WATER. it ASTEWATER AND RECLAIMED NVATER
SERVICE AREA
cvry 0
0
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