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ORDINANCE NO. 93-0-14
AN ORDINANCE AMENDING ARTICLE III (SEWERS) OF
CHAPTER 19 (UTILITIES AND SERVICES) OF THE
CODE OF ORDINANCES, CITY OF EDGEWATER,
FLORIDA, BY ADDING SECTION 19-30.1 (PURPOSE
AND POLICY); SECTION 19-30.2 (DEFINITIONS) AND
SECTION 19-38.1 (PRIVATE WASTEWATER TREATMENT
AND DISPOSAL FACILITIES) AND AMENDING SECTION
19-32 (UNAUTHORIZED CONNECTIONS PROHIBITED),
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 determined that pursuant to the funding requirements of the
wastewater capital improvement program, it is necessary to amend
Article III (Sewers) of Chapter 19 (utilities and Services) of the
Code of Ordinances.
NOW THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. AMENDMENT OF ARTICLE III (SEWERS) OF CHAPTER 19
(UTILITIES AND SERVICES) OF THE CODE OF ORDINANCES
section 19-30.1 is added to read as follows:
Section 19-30.1. Puroose and Policy.
This ordinance sets forth uniform requirements for direct and
indirect contributors into the wastewater collection and treatment
system for the City of Edqewater 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 Requlations (40 CFR
Part 403).
The ob;ectives of this ordinance are:
~ To prevent the introduction of pollutants into the
municipal wastewater system which will interfere with the
operation of the system or contaminate the resul tinq
sludqe:
l..Ql To prevent the introduction of pollutants into the
municipal wastewater system which will pass throuqh the
system, inadequatelY treated, into receivinq waters or
the atmosphere or otherwise be incompatible with the
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Underlined passages are added.
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system:
iQl To improve the opportunity to recycle and reclaim
wastewaters and sludqes from the system: and
iQl To provide for eauitable distribution of the cost of the
municipal wastewater system.
This ordinance provides for the reaulation of direct and
indirect contributors to the municipal wastewater system throuah
the issuance of permits to certain non-domestic users and throuah
enforcement activities, reauires user reportina, assumes that
existing customer's capacity will not be pre-empted, and provides
for the settina of fees for the eauitable distribution of costs
resultina from the proaram established herein.
This ordinance shall apply to the City of Edaewater and to
persons outside the City who are, by contract or aareement with the
city, users of the City's Publicly Owned Treatment Works. Except
as otherwise provided herein, the city Manaaer of Edaewater shall
administer, implement, and enforce the provisions of this
ordinance.
section 19-30.2 1S added to read as follows:
Section 19-30.2.
Definitions.
Unless the context specifically indicates otherwise, the
followina terms and phrases, as used in this ordinance, shall have
the meaninas hereinafter desianated:
Act or "the Act": The Federal Water Pollution Control Act, also
known as the Clean Water Act, as amended, 33 U.S.C. 1251, et.sea.
Approval Authoritv:
The Director 1n an NPDES state with an
approved State Pretreatment Proaram and the Administrator of the
EPA in a non-NPDES state of NPDES state without an Approved State
Pretreatment Proqram.
Authorized Representative of Industrial User:
An authorized
representative of an industrial user may be:
(1)
A principal
executive officer of at least the level of vice-president, if the
industrial user is a corporation: (2)
A aeneral partner or
proprietor
if
the
industrial
user
is
a
partnership
or
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proprietorship, respectivelY: (3) A duly authorized representative
of the individual designated above if such representative is
responsible for the overall operation of the facilities from which
the indirect discharqe oriqinates.
Biochemical Oxygen Demand (BOD): The quantity of oxyqen utilized
in the biochemical oxidation of orqanic matter under standard
laboratory procedure in five (5) days at 20oC, expressed in
milliqrams per liter.
Building Drain:
That part of the piping of a buildinq which
collects wastewater inside the walls of the buildinq and conveys it
to outside the building wall.
Buildinq Sewer:
The extension from the buildinq drain to the
public sewer or other place of disposal, also called house
connection.
Cateqorical Standards: National Cateqorical Pretreatment Standards
or Pretreatment Standard.
Chemical Oxvqen Demand (COD): A measure of oxvqen equivalent of
that portion of the orqanic matter in a sample that is susceptible
to oxidation bv a stronq chemical oxidant.
Citv: The City of Edgewater or the City Council.
City Manaqer:
The person designated bv the Ci tv Council to
administer all City activities.
Ci tv Council: The duly elected officials of the City of Edqewater.
Coolinq Water: The water discharqed from any use such as air
conditioninq, coolinq or refriqeration, or to which the onl V
pollutant added is heat.
Control Authority: The term "control authority" shall refer to the
Administrator if the city has an approved Pretreatment Proqram
under the provisions of 40 CFR 403.11.
Customer:
Everv person who is responsible for contractinq
(expresslv or implicitly) with the City in obtaininq, havinq or
usinq sewer connections with, or sewer taps to, the sewer system
of the City and in obtaining, havinq, or usinq water and other
related services furnished bv the City for the purpose of disposinq
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Underlined passages are added.
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of wastewater and sewaqe throuqh said system.
Said terms shall
include the occupants of each unit of a multiple family dwellinq
unit buildinq as a separate and distinct customer.
Direct Discharoe: The discharqe of treated or untreated wastewater
directly to the waters of the State of Florida.
Easement:
As acquired leqal riqht for the specific use of land
owned bv others.
Environmental Protection Agencv, or EPA: The U. S. Environmental
Protection Aqencv, or where appropriate the term may also be used
as a desiqnation for the Administrator or other duly authorized
official of said aqencv.
Floatable Oil: Oil, fat or qrease in a physical state such that it
will separate bv qravitv from wastewater bv treatment in an
approved pretreatment facility. A wastewater shall be considered
free of floatable fat if it is properly pretreated and the
wastewater does not interfere with the collection system.
Flush Toilet: The common sanitary flush commode in qeneral use for
the disposal of human excrement.
Garbaoe:
The animal and veqetable waste resulting from the
handlinq, preparation, cookinq and servinq of foods.
Grab Sample: A sample which is taken from a waste stream on a one-
time basis with no reqard to the flow in the waste stream and
without consideration of time.
Health Officer: The Volusia County Environmental Health Director.
Holdino Tank Waste: Anv waste from holdinq tanks such as vessels,
chemical toilets, campers, trailers, septic tanks, and vacuum-pump
tank trucks.
Indirect Discharoe:
The discharge or the introduction of non-
domestic pollutants from any source requlated under section 307(b)
or (c) of the Act, (33 U.S.C. 1317), into the POTW (includinq
holdinq tank waste discharqed into the system).
Industrial User:
A source of indirect discharqe which does not
constitute a "discharqe of pollutants" under regulations issued
pursuant to Section 402, of the Act (33 U.S.C. 1342).
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Industrial Wastes:
The wastewater from industrial processes as
distinct from domestic or sanitary wastes.
Industrial Waste Surcharqe: The charge made in excess of the sewer
service charqe for all wastewater over and above normal wastewater.
Infiltration/Inflow:
Groundwater and surface water which leaks
into the sewers through cracked pipes, ioints, manholes or other
openinqs.
Interference: The inhibition or disruption of the POTW treatment
processes or operations which contributes to a violation of any
requirement of the City's NPDES Permit.
The term includes
prevention of sewaqe sludqe use or disposal by the POTW in
accordance with 405 of the Act (33 U.S.C. 1345) or any criteria,
guidelines, or requlations developed pursuant to the Solid Waste
Disposal Act ( SWDA), the Clean Air Act, the Toxic Substances
Control Act, or more strinqent State criteria (including those
contained in any State sludqe manaqement plan prepared pursuant to
Title IV of SWDA) applicable to the method of disposal or use
employed by the POTW.
National
Cateqorical Pretreatment
Standard or Pretreatment
Standard: Any requlation developed under the authority of 307(b)
of the Act and 40 CFR, Section 403.5.
Natural Outlet: Any outlet, includinq storm sewers and combined
sewer overflows, into a watercourse, pond, ditch, lake or other
body or surface of qroundwater.
New Source:
Any source, the construction of which is commenced
after the publication of proposed requlations prescribing a Section
307(c) (33 U.S.C. 1317) Cateqorical Pretreatment Standard which
will be applicable to such source, if such standard is thereafter
promulqated within 120 days of proposal in the Federal Reqister.
Where the standard is promulqated later than 120 days after
pro?osal, a new source means any source, the construction of which
is commenced after the date of promulqation of the standard.
National Pollution Discharqe Elimination System or NPDES Permit:
A permit issued pursuant to section 402 of the Act (33 U.S.C.
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1342) .
Normal Strength Wastewater:
Wastewater discharqed into the
sanitary sewers in which the averaqe concentration of total
suspended solids and OBD is not more than 250 mq/l, total
phosphorus is not more that 15 mq/l, total Kjeldahl nitrogen is not
more than 30 mq/l: and total flow is not more than 25,000 gallons
per day.
Person:
Any individual, partnership, co-partnership, firm,
company, qovernmental entity or any other leqal entity, or their
leqal representatives, aqents or assiqns.
The masculine qender
shall include the feminine, the singular shall include the plural
where indicated bv the context.
pH: The loqarithm (base 10) of the reciprocal of the concentration
of hvdroqen ions expressed in qrams per liter of solution.
Pollution: The man-made or man-induced alteration of the chemical
physical, biological, and radioloqical integrity of water.
Pollutant: Any dredged spoil, solid waste, incinerator residue,
sewaqe, qarbaqe, sewaqe sludqe, munitions, chemical wastes,
bioloqical materials, radioactive materials, heat, wrecked or
discharged equipment, rock, sand, cellar dirt and industrial,
municipal, and aqricultural waste discharqe into water.
Pretreatment or Treatment:
The reduction of the amount of
pollutants, the elimination of pollutants, or the alteration of the
nature of pollutants, or the alteration of the nature of pollutant
properties in wastewater to a less harmful state prior to or in
lieu of discharqinq or otherwise introducinq such pollutants into
a POTW. The reduction or alteration can be obtained bv physical,
chemical or bioloqical processes, or bv process chanqes or other
means, except as prohibited bv 40 CFR section Part 403.6ld).
Pretreatment Requirements:
Anv substantive or procedural
requirement related to pretreatment, other than a National
Pretreatment Standard imposed on an industrial user.
Publicly Owned Treatment Works (POTW):
A treatment works as
defined by Section 212 of the Act, (33 U.S.C. 1292) which is owned
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in this instance bv the city. This definition includes any sewers
that convey wastewater to the POTW treatment plant, but does not
include pipes, sewers or other conveyances not connected to a
facility providinq treatment. For the purposes of this ordinance,
"POTW" shall also include any sewers that convey wastewaters to the
POTW from persons outside the City who are, by contract or
aqreement with the City, users of the city's POTW.
POTW Treatment Plant: That portion of the POTW designed to provide
treatment to wastewater.
Public Sewer: A common sewer controlled bv a qovernmental aqencv
of public utility.
Sani tary Sewer:
A sewer that carries liquid and water-carried
wastes from residences, commercial buildinqs, industrial plants,
and institutions toqether with minor quantities of qround, storm
and surface waters that are not admitted intentionally.
Septic Tank:
A subsurface impervious tank desiqnated to
temporarily retain sewaqe or similar waterborne wastes toqether
with:
iEl A sewer line construction with solid pipe, with the joints
sealed, connectinq the impervious tank with a plumbinq stub
out: and
1Ql A subsurface system of trenches, pipinq and other materials
constructed to drain the clarified discharqe from the tank and
distribute it underqround to be absorbed or filtered.
Sewaqe: The spent water of a community. The equivalent term is
"wastewater" (see Section 1.2.60).
Sewer: A pipe or conduit that carries wastewater.
Shall is mandatory: Mav is permissive.
Siqnificant Industrial User:
Anv industrial user of the City's
wastewater disposal system who (1) has a discharqe flow of 25,000
gallons or more per averaqe work day, or (2) has a flow qreater
than 5% of the flow in the City's wastewater treatment system, or
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Underlined passages are added.
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( 3) has in his wastes toxic pollutants as defined pursuant to
Section 307 of the Act of Florida Statutes and rules or (4) is
found by the City,
(State Control Aqencv) or the U. S.
Environmental Protection Aqency (EPA) to have siqnificant impact,
either sinqlv or in combination with other contributing industries,
on the wastewater treatment system, the quality of sludqe, the
svstem's effluent quality, or air emissions qenerated bv the
system.
Sluq: Anv discharqe of water or wastewater which in concentration
of any qiven constituent or in quantity of flow exceeds for any
period of duration lonqer than fifteen (15) minutes more than five
(5) times the average twenty-four (24) hour concentrations of flows
durinq normal operation and shall adversely affect the collection
system and/or performance of the wastewater facilities.
State: State of Florida.
Standard Industrial Classification (SIC):
A classification
pursuant to the Standard Industrial Classification Manual issued bv
the Executive Office of the President, Office of Manaqement and
Budqet, 1972.
Storm Drain: Sometimes terms storm sewer, it shall mean a drain or
sewer for conveying water, qroundwater, subsurface water, or
un?olluted water from any source.
Stormwater:
Any flow occurring durinq or followinq any form of
natural precipitation and resultinq therefrom.
Suspended Solids: Total suspended matter that either floats on the
surface of, or is in suspension in, water, wastewater, or other
liquids, and that is removable bv laboratory filterinq as
prescribed in "Standard Methods for the Examination of Water and
Wastewater" and referred to as nonfilterable residue.
Toxic Pollutant: Anv pollutant or combination of pollutants listed
as toxic in requlations promulqated bv the Administrator of the
Environmental Protection Aqency (EPA) under the provision of CWS
307(1) or other Acts.
Unpolluted Water:
Water of guality equal to or better than the
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effluent criteria in affect or water that would not cause violation
of receivinq water quality standards and would not be benefitted by
discharge to the sanitary sewers and wastewater treatment
facilities provided.
User:
Any person who contributes, causes or permits the
contribution of wastewater into City POTW.
Wastewater: The spent water of a community. From the standpoint
of source, it may be a combination of the liquid and water carried
wastes from residences, commercial buildinqs, industrial plants,
and institutions, toqether with any qroundwater, surface water and
stormwater that may be present.
Section 19-32 is amended to read as follows:
Section 19-32. Unauthorized connections prohibited.
~ It shall be unlawful for any person to tap, cut or in any way
use any line, branch or part of the municipal sewage
collection and sewage treatment facilities without a written
permit issued by the proper municipal authorities and without
payment of all rates and charges required by the city for the
use of such facilities.
1Ql A separate and independent building sewer shall be provided
for every building: except where one buildinq stands at the
rear of another on an interior lot and no private sewer is
available or can be constructed to the rear buildinq throuqh
an adjoininq alley, court, yard, or driveway, the front
building may be extended to the rear building and the whole
considered as one building sewer, but the city does not and
will not assume any obliqation or responsibility for damaqe
caused by or resultinq from any such sinqle connection
aforementioned.
.iQ.l Old buildinq sewers may be used in connection with new
buildings only when they are found, on examination and test by
the City to meet all requirements of this ordinance.
Section 19-38.1 is amended to read as follows:
Section 19-38.1
Private Wastewater Treatment and Disposal
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Facilities.
Where a public sanitary sewer is not available, the buildinq
sewer shall be connected to a private wastewater disposal system
complyinq with the provisions of this Section.
No person shall
construct a wastewater disposal facility without prior approval
from the City. The availability of sewer is defined in Section
19-31.
~ The type, capacities, location and layout of a private
wastewater dis?osal system shall comply with all regulations
of the Department of Environmental Requlation of the State of
Florida. No permit shall be issued for any private wastewater
disposal
system
employing
subsurface
soil
absorption
facilities where the area of the lot is less than 20,000
square feet.
iQl At such time as a public sewer becomes available to a property
served by a private wastewater disposal system that has
failed, a direct connection shall be made to the public sewer
within thirty (30) days after notice.
The owner(s) of the
private system shall be responsible for the proper abandonment
of the facilities in accordance with all applicable laws and
regulations.
iQl The owner(s) shall operate and maintain the private wastewater
disposal facilities in a sanitary manner at all times, at no
expense to the City.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof
in conflict with this ordinance, are hereby susperseded by this
ordinance to the extent of such conflict.
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
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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 relettered 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 by Councilman Hays and Second by Councilwoman
Martin, the vote on the first reading of this ordinance held on
August 16, 1993, was as follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Kirk Jones ABSENT
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
After Motion by Councilman Hays and Second by Councilman
Mitchum, the vote on the second reading of this ordinance was as
follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Kirk Jones AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
PASSED AND DULY ADOPTED this 7th day of September, 1993.
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ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Jack Jr. Hayman, Sr.
Mayor
APPROVED FOR FORM & CORRECTNESS:
-L-�h IAiA,Q.d�(J na.�li] i'. V)x.l
KriSta A. Storey ('
City Attorney
Etruek -_^" eug * passages are deleted.
Underlined passages are added.
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