2012-O-05 ORDINANCE NO. 2012-0-05
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, REPEALING AND RESTATING CHAPTER 19
(UTILITIES AND SERVICES) IN ITS ENTIRETY;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, ADOPTION AND CODIFICATION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Various Sections of Chapter 19 (Utilities and Services) have been modified from
time to time.
2. Chapter 19 (Utilities and Services) has not been modified in its entirety since
April 2004 pursuant to adoption of Ordinance #2004 -0 -07.
3. Repealing and restating Chapter 19 (Utilities and Services) in its entirety will
correct various scriveners errors and bring the Chapter into compliance with updates and various
modifications to be consistent with City policies and regulations.
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. REPEALING AND RESTATING CHAPTER 19 (UTLITIES
AND SERVICES) IN ITS ENTIRETY OF THE CITY OF
EDGEWATER CODE OF ORDINANCES, CITY OF
EDGEWATER, FLORIDA.
Repeal and restate Chapter 19 (Utilities and Services) in its entirety of the City of
Edgewater Code of Ordinances, Edgewater, Florida as set forth in Exhibit "A" and Exhibit "B"
which are attached hereto and incorporated herein.
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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ordinance, are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void by a court of competent jurisdiction, 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 by a court of competent jurisdiction,
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 relettered to
accomplish such intention; provided, however, that Parts B through F shall not be codified.
PART E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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PART F. AWO ION.
After Motion to approve by Councilwoman Bennington with Second by Councilman
Ignasiak with the change in language relating to who is responsible for payment (Sec. 19-8), the
vote on the first reading of this ordinance held on May 14, 2012, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilman Justin Kennedy X
Councilwoman Gigi Bennington X
Councilman Michael Ignasiak X
Councilman Gene Enter X
After Motion to approve byrollf,011MA nm� a k, with Second by Cow" n 1'`(DAO--d
the vote on second reading/public hearing of this ordinance held on�11>2 � , 2012,
was as follows: J
AYE NAY
Mayor Mike Thomas
Councilman Justin Kennedy
Councilwoman Gigi Bennington
Councilman Michael Ignasiak
Councilman Gene Emter
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Eel
PASSED AND DULY ADOPTED this i-h day of Q I R , 2012.
ATTEST:
4*0 11 I
7F
CITY COUNCIL OF THE
J 1�
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 4iM day
legality by: Aaron R. Wolfe, Esquire of , 2012 under Agenda Item No.
City Attorney 8h.
Doran, Sims, Wolfe & Kundid
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Exhibit "A"
REPEALING
Chapter 19
(Utilities and Services)
ARTICLE I. IN CENERAL
SCc: 1 1. Dc ini ions..
Abatement m ans any action taken to remedy, corrcct, or eliminate a condition within, associated
with, or impacting a drainage system.
Abbreviations: The following abbreviations shall have the designated m nings:
BOD m ns biochemical oxygen demand.
CFR means Code of Federal Regulations.
COD m ans chemical oxygen demand.
CWA m ans Cl an Water Act.
CWF m ans combined wastcstr am formula.
DOH means department of health.
EPA m s Environmental Protection Agency.
F.A.C. means Florida Administrative Code.
. - • .. _ - - - • - -
IWDP m ans industrial wastewater discharge permit.
1 means liter.
mg m ns milligrams.
NPDES mcans National Pollutant Discharge Elimination Systcm.
. • .. 9- . 1- • • • a
SIC means standard industrial classification.
SIU m ans significant industrial user.
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SNC m ans significant noncompliance.
SWDA means Solid Waste Disposal Act 12 U.S.C. 6901 et seq.
TSS means total suspcndcd solids.
TTO m s total toxic organics.
U.S. C. means United Statcs Codc.
WWF m ans wastewater facility.
Act or thc Act (otherwise known as thc 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.
97 110, January 8, 1983; and Pub. L. 100 01, February 1, 1987, and as may be amended from
time to time.
Agricultural use means the use of land in horticultural, floriculture, viticulture, forestry, dairy,
livestock, poultry, beekeeping, pisciculture and all forms of farm products and farm production.
Approval authority means the administrator of the EPA, DOH, FDEP or other regulatory agency.
Approved means accepted by thc department as mectin . . - ... • .. - • . . . .
cited in section 19 25 (Cross conncction), or as suitable for the proposed use, and appearing in
Foundation for Cross Connection and Hydraulic Research.
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 general partner or proprietor if the industrial user • . .. - - - •
.. ... • - . :,
respectively.
(3) A duly authorized representative of thc individual designated above if such
representative is responsible for the overall operation of thc facilities from which the
indirect discharge originates.
(1) A principal executive officer or director having responsibility for the overall operation
of the discharging facility if the industrial user is a federal, state or local governmental
entity, or their agents.
Automatic system means any irrigation method or system with a timing device that controls the
periods of operation.
Auxiliary water supply means any water supply on or available to the premises other than the
purveyor's approved public potable water supply. These auxiliary waters may include water from
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which the water purveyor does not have sanitary control. • :: -!; .. .. : - . . . - •:.•: , -• . - .. - • . - ..
.. • .. • . - . - • .. • - from any source other than its intended source caused by
the sudden rcduction of pressure in the potable water supply system. •-J; - • - • • -• . .. ... . . - . •• .
- - - .. . . - - .. .. . . .. . .. - • - . .-
city's potable water supply.
thc lowest opening from any pipe or faucct supplying water to a tank, plumbing fixture, or
other device and thc flood level rim of said vcsscl. An approved air gap shall be at least
double the diameter of thc supply pipe, measured vertically, above thc top of thc rim of the
vcsscl; and, in no case less than one inch. When an air gap is used at the service conncction
to prevent thc contamination or pollution of the public potable water systcm, an emergency
•
principle device shall be installed in the bypass systcm.
two chcck valves, tightly closing shutoff valves on either side of the chcck valves, plus
properly located tcst cocks for thc testing of the chcck and relief valves. The entire
assembly shall meet the design and performance specifications and approval of a
- - • - • ... - - _ _ - backflow prevention assemblies. The
device shall operate to maintain the pressures in thc zone between the two check valves at a
normal flow, the pressure between the two check valves shall be less than the pressure on
the differential relief valve shall operate to maintain the reduced pressure in the zone
- - - . - . _ • o the atmosphere. When the inlet pressure is two
pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere.
To be approved, these devices must be readily accessible for in line maintenance and
c. Double check valve assembly means an assembly of two independently operating
approved check valves with tightly closing shutoff valves on ach side of the check valves,
shall meet the design and performance specifications and approval of a recognized and city
• .. - - - • - _ _ • : backflow prevention devices. To be approved these devices
must be r adily accessible for in line maintenance and testing.
Back prevention device means the device approved by the city's department of
environmental services which prevents thc backflow of any harmful substance into thc city's
potable water supply.
Back siphonage m a.ns the flow of water or other liquids, mixtures or substances into the
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• .. _ .. . ::table water supply system from any source other than its intended
source caused by a negative pressure in the public potable water supply system.
benefit by the provision of maintenance, operation and improvement of the stormwater control
system. Such benefits may include, but are not limited to, thc provision of adequate systems of
collection, conveyance, detention, treatment and release of stormwatcr, the reduction of hazard to
property and life resulting from stormwatcr runoff, improvement in the general h alth and
welfare through reduction of undesirable stormwater conditions and improvement to the water
Biochemical oxygen demand or BOD m s the quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure, five d. . 1 : - _ • - - • •
Building drain means that part of the piping of a building which collects wastewater inside the
walls of the building and conveys it to outside the building wall.
Building sewer means a sewer conveying wastewater from the premises of a user to the WWF.
Business or commercial applies to any establishment or firm wherein a business or commercial
occupational license is required by the city, except as otherwise provided herein.
Categorical standards means national categorical pretr atment standards or pretr atment
standard.
Chemical oxygen demand or COD m ns a measure of the oxygen required to oxidize organic
matter and oxidizable inorganic compounds in water.
City-means the City of Edgewater.
City council or council means thc duly elected officials of the City of Edgewater.
City manager means the p . _ . . - - • . • - it to administer all city activities.
Combined wastestream formula or CWF means a procedure for calculating alternative discharge
combined with other wastestreams prior to tr atment or discharge as provided for in Rule 62
625.110(6), F.A.C.
fluids or waste liquids, compounds or other materials to a degree which cr ates an actual hazard
impervious surface located on the parcel.
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parcel's individual contribution to runoff.
Contributors of stormwater shall include all developed r al properties within thc city.
Cooling water means:
with any raw material, intermediate or final product and which does not contain a level of
(2) Contaminatcd. Water used for cooling purposes which may become contaminated
or by dircct contact with process materials and /or wastewater.
.
--:•- -
Rule 62 625.510, F.A.C.
Conventional pollutant means a conventional pollutant as listed in -40 CFR 401.16; these include
BOD, TSS, fecal coliform bacteria, oil and grease and pH for which the WWF is designed to
tr t and, in fact, docs remove to a substantial dcgrcc.
County means the County of Volusia.
two otherwise separate piping systems one of which contains potable water and the other
backflow or back siphonage may occur into the potable water system. A water service
connection between a public potable water distribution system and a customcr's water
potentially contaminatcd supply or auxiliary water systcm, constitutcs one type of cross
conncction. Other types of cross conn- - .. .. . . . • - .. - ,
• .. - - • : • , :. .. _ valves, spools, dummy sections of pipe, swivel or change
. -, . _•. .. ..- -, . . -.- - , - .
Cross connections, controlled -means a connection between a potable water system and a
nonpotablc water system with an approved backflow prevention device properly installed that
will continuously afford the protection commensurate with the dcgrcc of hazard.
Cross connection, control by containment means the installation of an approved backflow
prevention device at thc water service conncction to any customer's premises where it—is
physically and economically infeasible to find and permanently eliminate or control all actual or
potential cross connections within the customcr's water system; or, it shall mean the installation
- • - - ••:. -
of a customer's water system where there are actual or potential cross connections which cannot
be effectively eliminated or controlled at the point of cross conncction.
Customer means thc actual uscr, potential user or beneficiary of thc water, sewer, reclaimed
water, stormwater or refuse services provided by the city.
Department m ns the environmental services department, which includes the following
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divisions: water, sewer, field operations, wastewater collections, stormwater and refuse.
Developed property m ns any property altered in app ance by removal of vegetation, grading
of the ground surface and construction of a structure or impervious surface.
Dilute wastestrcam, for purposes of the combined wastestream formula, means the average daily
flow (at least thirty day average) from:
(1) Boiler blowdown streams, noncontact cooling streams, and demineralized backwash
str ams (provided, however, that where such str ams contain a significant amount of a
pollutant, and the combination of such streams, prior to treatment, with the industrial users
regulated, process wastestream(s) will result in a substantial reduction of that pollutant, the
director, upon application of the industrial user may exercise discretion to determine
whether such stream(s) should be classified as diluted or unregulated. In its application to
the director, the industrial user must provide engineering, production, sampling and
analysis, and such other information so that the director can make a determination);
(2) Sanitary wastestr ms whcrc such str ams are not regulated by a categorical
pretreatment standard; or
(3) Any wastcstreams in which:
(a) The pollutants of concern arc not detectable in the effluent from the industrial
user;
(b) The pollutants of concern are present only in trace amounts and are neither
causing nor likely to cause toxic effects;
(c) The pollutants of concern are present in amounts too small to be effectively
reduced by current technologies; or
Direct discharge means the discharge of treated or untreated wastewater directly to the waters of
the state.
• • • : .. - e director of environmental services of the city or the director's authorized
representative:
District means the St. Johns Water Management District.
Easement: An acquired legal right for the specific use of land owned by others
Environmental Protection Agency or EPA means the United States Environmental Protection
or other duly auzed official of the agency.
Equivalent drainage unit (EDU) means a standard unit of measure dctcrmincd to represent the
generated by a typical residential unit (consisting of a weighted average of a
runoff generated by one parcel with that generated by another. The weighted average impervious
ar a is dctcrmincd to be 2,027 square feet, and the weighted average shall be used for the
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•
charges on residential and nonresidential properties.
numbers 0, 2, 1, 6, 8 or the - - .. _ . ' . : - .. . . - • - . .
Floatable oil means oil, fat or gr se in a physical state such that it will separate by gravity from
wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered
collection system.
Florida Department of Environmental Protection or FDEP m ans thc State of Florida
- - : • - •- - - common sanitary flush commode in general use for the disposal of human
cxcrement.
Garbage means every refuse accumulation of animal, fruit or vegetable matter that attends the
preparation, use, cooking, and d ling in, or storage of meats, fish, fowl, fruits or vegetables, and
any other matter of any nature whatsoever which is subject to decay with the generation of
wooden or paper boxes, tin cans, bottles, or other containers, sweepings, and all other
accumulations of a nature usual to housekeeping.
Garbage can m ans a galvanized metal or plastic can of the type commonly sold as "garbage
sides by which it may be lifted. Each can shall have a tight fitting top or cover.
Grab sample means a sample which is taken from a waste strcam on a one time basis with no
14azarl- legrce of means thc term derived for an evaluation of the potential risk to public h alth
and thc adverse effect of the hazard upon thc potable water system.
a. Hazard, health means any condition, device, or practice in water supply system and its
operation which could create, or in the judgment of the department may crcate a danger to
b. Hazard, plumbing means a plumbing type cross connection in a consumer's potable
water system that has not been properly protected by a vacuum br cer, air gap separation
or backflow prevention device. Unprotected plumbing type cross connections are
considered to be a h lth hazard.
c. Hazard, pollutional means an actual or potential thr at to thc physical properties of the
which would constitute a nuisance or be aesthetically objectionable or could cause damage
to the system or its appurtenances, but wo.: . - ... _ .. - . .
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d. Hazard, system means an actual or potential threat of severe damage to the physical
properties of the public potable water system or the consumer's potable water system or of a
pollution or contamination which would have a protracted effect on the quality of the
potable -water in the system. Reclaimed water is included in this category.
Hazardous substance mcans the following:
(1) Any hazardous substances listed or designated pursuant to section 307(a), section
311(b)(2)(A), or section 102 of the Act.
(2) Any hazardous air pollutant listed under section 112 of the Cl n Air Act.
(3) Any imminently hazardous chemical substance or mixture with respect to which-the
administrator has taken action pursuant to section 7 of the Toxic Substances Control Act or
• I . -
(CI) Any substance listed as hazardous in 40 CFR parts 116, 117 or 302.
(5) Any material having the characteristics identified under or listed pursuant to section
3001 of RCRA and listed in 40 CFR 261.
_ • -- - - - -- - - - "e "
Heating and air conditioning use means the use of water for heating, cooling, or air conditioning.
Hydrologic response means the manner and means by which stormwater collects upon r al
property and is conveyed from r al property, and which is a function dependent upon a number
of interacting factors, including, but not limited to, topo: . : - , - _ • - . • : - , . • • _ .
of total precipitation in the event of a storm of given duration and intensity, or statistical interval
of return (frequency).
Impervious areas means those hard surfaced ar s which either prevent or severely restrict the
entry of water into the soil mantle, as it entered under natural conditions prior to development,
lots, storage areas and other surfaces which similarly impact the natural infiltration or runoff
patterns which existed prior to development, including normal water in ponds and lakes.
- • ._
(including holding tank waste discharged into the system).
Industrial fluids system means any system containing a fluid or solution which may be
chemically, biologically, or otherwise contaminated or polluted in a form or concentration such
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approved water supply. This may include, but not be limited to: Polluted or contaminated waters;
all types of process waters and "used waters" originated from the public potable water system
which may have deteriorated in sanitary quality; chemicals in fluid form; plating acids and
alkalis; circulated cooling waters connected to an open cooling tower and /or cooling towers that
are chemically or biologically tr atcd or stabilized with toxic substances; contaminated natural
waters such as from wells, springs, str ams, rivers, bays, harbors, s us, irrigation canals or
systems, etc; oils, gases glycerin, paraffins, caustic and acid solutions and other liquid and
gaseous fluids used in industrial or other purposes or for fire fighting purposes.
. • . -• . - - t discharge which docs not constitute a discharge of
pollutants-under-regulations issucd pursuant to section 102 of the Act (33 U.S.C. 1312).
Industrial wastes m ns the wastewater from industrial processes as distinct from domestic or
sanitary wastes.
Industrial wastewater discharge permit or IWDP m ns a permit issued by the city which
authorizes the discharge of industrial wastewater into the WWF by a significant industrial user.
Infiltration /inflow m ns groundwater and surface water which leaks into the sewers through
cracked pipes, joints, manholes or other openings.
Instantaneous maximum limit means the maximum allowable concentration of a pollutant
determined from the analysis of any grab or composite sample collected regardless of the
from other sources:
(1) Inhibits or disrupts thc WWF, it - . •- - - .. - - -. .. . • .
processes, use er disposal; or
incrgasc in thc magnitude or duration of a violation) or prevents sewage sludge use or
issued thcrcundcr (or more stringcnt statc or local regulations); scction 405 of the Act (33
U.S.C. 1345), SWDA, RCRA, and thc state regulations contained in any state sludge
management plan prepared pursuant to title D of thc SWDA, thc Clean Air Act, the Toxic
Substances Control Act, and the Marine Protection, Resgarch and Sanctuaries Act, or any
other applicable federal or state legislation or regulation.
grass, ground covers, plants, vines, gardens and other such flora which arc planted and
cemeteries, public, commercial and industrial establishments, public medians and rights of way.
Local-government m ns any municipality in the county.
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attended by one person, fitted with a self canceling or automatic shutoff nozzle,
Low volume irrigation means the use of equipment and devices specially designed to allow the
volume of water delivered to be limited to a level consistent with the water requirements of the
plant being irrigated and to allow that water to be placed with a high degree of efficiency in the
root zone of the plant. Micro irrigation and drip irrigation arc examples of low volume irrigation.
The terms also includes water used in mist houses and similar establishments for plant
Low volume pressure cleaning mcans pressure cleaning by means of equipment which is
specifically designed to reduce the inflow volume as accepted by industry standards.
automatically timed. Low volume hand watering is a manual system.
not limited to, isolation wastes, infectious agents, human blood and blood products, pathological
wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated
laboratory wastes, and dialysis wastes.
Mobile equipment means any public, private or commercial automobile, truck, trailer, railroad
car, camper, boat, or any other type of similar equipment. The term shall not include sanitation or
sludge vehicles or food vending or transporting vehicles
• -• - ans a structure or structures having more than one single family unit, and
shall include apartment buildings and motels and hotels.
Municipality means a duly incorporated municipality in the county.
accordance with section 307(b) and (c) of the Act (33 U.S.C. 1317) which applies to existing or
new industrial users in specific industrial subcategories as listed in Chapter 62 625, F.A.C., and
•- _.. .e
CFR parts 101 through 471.
National pollution discharge elimination system or NPDES permit means a permit issued
pursuant to section 402 of the Act (33 U.S.C. 1312).
National prohibitive discharge standard or prohibitive discharge standard m s any regulation
developed under the authority of section 307(b) of the Act and Chapter 62 625, F.A.C.
• .. •••
discharge of pollutants, the construction of which is commenced after the publication of the
proposed national categorical pretreatment standards under section 307(c) of the Act, which will
section, provided that:
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(1) The building, structure, facility or installation is constructed at a site at which no other
(2) The building, structure, facility or installation totally replaces the process or
production equipment that causes thc discharge of pollutants at an existing source; or
(3) The production or wastewater generating processes of the building, structure, facility
thc new facility is integrated with the existing plant, and the extent to which thc new facility
is engaged in the same general type of activity as the existing source, should be considered.
single family unit.
Normal strength wastewater means wastewater discharged into the sanitary sewers in which the
average concentration of total suspended solids and BOD is not more than 250 mg /1, total
phosphorus is not more than 15 mg /1, total Kjeldahl- nitrogen is not more than 30 mh/l; and total
flow is not more than 25,000 gallons per day.
Odd numbered address means thc house address, box number or rural route ending in the
numbers 1, 3, 5, 7, 9 or the letters N through Z. Post office box numbers are not included.
Open drainagcway means a natural or manmade open cut which has the specific etion -of
Owner, tenant, occupant shall include the executors, administrators, succe : , . - : .
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,
hcirs, cxccutors, administrators or assigns of the respective persons thereto.
buildings and appurtenances situated thereon the premises.
Pass through means a discharge that exits the WWF to receiving waters o • - - - . -
in the reclaimed water system, sludge or deep well injection system in quantities or
concentrations which, alone or in conjunction with a discharge or discharges from other sources,
is a cause of a violation of any requirement of any permit held by the WWF (including an
incr se in the magnitude or duration of a violation).
Peak flow means the highest instantaneous rate of stormwater runoff, measured or estimated in
cubic feet of water per second. It is differentiated from total flow volume by the introduction of a
unit of time m asurcd during which the maximum rate of flow is m asured, calculated or
estimated.
Person mcans any individual, partnership, co partnership, firm, company, governmental entity or
any other legal entity, or their legal representatives, agents, or assigns. The masculine gender
shall include the feminine, the singular shall include the plural where indicated by the context.
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stormwater runoff and surface water.
pH means the logarithm (base 10) of the reciprocal of th- - . • . - -
expressed in grams per liter of solution.
Pollutant m ans any substance introduced directly or indirectly into water so as to cause
. -, • - - _, :. - . • -- : : - I ged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials,
agricultural waste.
and radiological intcgrity of water.
POTW trcatmcnt plant means that portion of the POTW designed to provide treatment to
wastewater.
Pretreatment or treatment means the reduction of the amount of pollutants, the elimination of
state prior to or in lieu of discharging or otherwise introducing such pollutants into a WWF. The
reduction or alteration can be obtained by physical, chemical or biological processes, process
changes or other m ans, except as prohibited by chapter 62 625, F.A.C.
pretreatment, other than a national pretreatment standard imposed on an industrial user.
Pretreatment standard means any regulation containing pollutant discharge limits to a WWF
promulgated by the EPA, state or city. This includes, but is not limited to, categorical standards • . : - - _ - - . . - .. . • ' . - discharge limits established pursuant to chapter 62 625,
F.A.C., and the city's local limits. Where the EPA, state and city have established a national
categorical pretreatment standard for a specific pollutant, the most string - - . .. . . .
Private means that property or facilities owned by individuals, corporations, and other
organizations and not by a city, county, state or federal government agency.
Professional includes, but is not limited to, thc following: accountants and auditors, architects or
drafting architects, artists, attorneys at law, chiropodists, chiropractors, engineers, dentists,
medical doctors, optometrists, osteopaths, surveyors, tax consultants, veterinarians, and real
estate agents and brokers.
• .. _ • - -
discharge of certain substances set forth in section 19 45.
Publicly owned trcatmcnt works (POTWV) means a treatment works as defined in section 212 of
the Act, (33 U.S.C. 1292) which is owned in this instance by the city. This definition includes
any sewers that convey wastewater to thc POTW tr tmcnt plant, but does not include pipes,
sewers or other conveyances not connected to a facility providing treatment. For the purposes of
this chapter, "POTW" shall also include any sewers that convey wastewaters to the POTW from
persons outside the city who are, by contract or agreement with the city, users of the city's
POTW.
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Reclaimed water means the water that meets the current state Department of Environmental
Protection standards for reuse after flowing :. . . -- - - ... . .
city to city residents for the intended use of recyclable materials.
would otherwise be processed or disposed of as solid waste including newspapers, glass and
council.
Regulated wastcstrcam m ans an industrial process wastestr am regulated by a national
categorical pretr tment standard.
fire protection or other useful purposes.
Sample m ans a representative part of a larger whole which can be presented as evidence of
quality.
Samples are recognized depending on the col - • . •- - ...
(1) Grab sample. An individual sample collected from a wastestream in less than 15
minutes without regard for flow or time.
(2) Time proportional composite sample. A sample consisting of a minimum of eight
equal volume, discrete sample aliquots collected at equal time intervals—ever—the
cempositing period and combined to form a representative sample.
(3) Flow proportional composite sample. A sample consisting of a minimum of eight
discrete sample aliquots collected proportional to the flow rate of the liquid being sampled
aliquots at time intervals which vary based on the str m flow. The other method collects
• - . . •• -, .ased on stream flow, at constant time intervals.
Sanitary sewer m ans a sewer that carries liquid and watcr carried wastes from residences,
commercial buildings, industrial plants, and institutions together with minor quantities of ground,
Septic tank m ans a subsurface impervious tank designated to temporarily retain sewage or
impervious tank with a plumbing stub out; and
(2) A subsurface system of trenches, piping and other materials constructed to drain the
17
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#2012 -0 -05
clarified discharge from the tank and distribute it underground to be absorbed or filtered.
Service area means the corporate limits of the city and those additional areas specifically
designated in the intcrlocal agreements with othcr governmental entities.
Sewage means the spent water of a community. The equivalent term is "wastewate
Sewer means a pipe or conduit that carries wastewater.
Shall is mandatory, may is permissive,
who:
(1) Is subject to national categorical pretr tment standards under chapter 62 625, F.A.C.,
and '10 CFR chapter 1, subchapter N;
(2) Has a discharge flow of 25,000 gallons or more on any given day to the WWF;
- ii
w ther hydraulic or organic (BOD, TSS, etc.) capacity of the treatment plant, or
(5) Has a discharge which, in the judgment of the EPA, FDEP or director of
. -- - - - - ... • • : -, - system's reclaimed water quality or air
Scant noncompliance or SNC means a significant industrial user shall be in significant
measurements taken during a six month period exceed (by any magnitude) the maximum
limit or average limit (if applicable) for the same pollutant parameter.
(2) Technical review criteria (TRC) violations when 33 percent or more of the
the product of the maximum limit or average limit (if applicable) multiplied by the
applicable TRC:
a. For conventional pollutants, TRC — 1.4 or 40 percent over the limit,
b. For all other pollutants, TRC — 1.2 or 20 percent over the limit.
(3) The SIU fails to respond within ten days of receipt of a letter of violation (LOV)
issued by the director of environmental services;
(1) The SILT fails to accurately report noncompliance
18
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(6) The SIU intentionally or negligently violates a permit condition or requirement;
- - - • - -• • - - : the director of environmental services or his
pass through, or has endangered the health of the WWF employees or the general public;
(9) Any discharge occurs which causes imminent endangerment to human health, welfare
or to the ment, or results in the WWF's use of its emergency authority to halt or
prevent such a discharge;
(10) Violations of IWDP or other required compliance schedules occur such as, but not
the compliance schedule date;
(11) Periodic compliance reports, baseline monitoring -reports, er other ,i r eports a re
-- • -- - - .•.. . -.• - . - ..
date; or
- - • • . - • . -• - - . - : etreatment program, the wastewater tr atment •
system, the quality of sludge, the system's reclaimed water quality or air emissions
- - .. • - - • : - ificant noncompliance.
e
Slug or slug loading m ans any pollutant (including conventional pollutants) rcl sed in a
discharge.
provide protection from accidental discharge.
Standard industrial classification or SIC m ans a classification pursuant to the Standard
Management and Budget, 1972.
19
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Storm drain means sometimes terms storm sewer (sic), it shall m un a drain or sewer for
contribution rate.
Stormwater system m ans the appurtenances, facilities, equipment and services necessary for
which the stormwater runoff is conveyed; the p ' : - - • • - • - -
runoff is improved within the corporate limits of the City.-
., - • -- .. ':. - - � - - - - .
in, water, wastewater or other liquids, and which is removable by laboratory filtering.
• . -- . . .. • . . . . . _ - . ... -
watershed. The total flow is quantified in measures such as acre feet, or cubic foot of water.
Total toxic organics or TTO m ns the summation of all quantifiable values, greater than 0.01 - - • -- ... ..- .
including any categories or subcategories listed i - • .. - , - . ' .
Toxic pollutant means any pollutant or combination of pollutants listed as toxic in regulations
promulgated by the Environmental Protection Agency or the Florida Department of
. • -- • - --
including chapter 62 6 F.".C.
including interceptor sewers, outfall sewers, sewage collection systems, reclaimed water
improvements, remodeling additions or alterations thereof; elements essential to provide a
reliable recycled supply such as standby treatment units and clear well facilities; any works,
home or trailer contained in said trailer park or mobile h: -• -
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
20
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#2012 -0 -05
regulated wastcstrcam mcans for purposes of the combined wastcstrem formula, a
considered a dilute wastcstr am.
User in respect to wastcwatcr means any person who contributes, causes or permits the
contribution of wastcwatcr into the city's WWF.
• - ... . -, .. _ - , ... - -
.• _ _ -- . ... -,. ,. ..•• . • - , _
-. . . . . . . . . - . - .... 4! - • - -
include u e vho use only treated effluent or s awater.
Vacant means any piece or parcel of land that is without any building, structurc, appurtenance, or
improvements.
Vegetation m ns all plant growth, especially trees, shrubs, vines, ferns, mosses and grasses.
with thc terms of this division.
pollutants which may be present, whether tr nted or untreated, which is contributed ipoor
Wastewater facility or WWF m ns a treatment works as defined by section 212 of thc Act (33
U.S.C. 1292) which is owned by the city. This definition includes any or all of the
- - . •• - --, atment plant, and reuse or disposal system •
of F.S. § 163.01,and as amended as restated.
21
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Water, nonpotablc means water which is not safe for human consumption or which is of
Water, service connections means the terminal end of a service connection from the public
potable water system; i.e., where the water purveyor loses jurisdiction and sanitary control over
the water at its point of delivery to the customer's water syst- -• . _ - - .. - . .
include water service connection from a fire hydrant and all oth- - - .. . - -- - _ - . -
scrvice connections from the public potable water system.
under--t-lie sanitary control of the water purveyor.
Water conservation m ns a continuing effort to use only as much water as absolutely necessary,
whether for drinking, washing, flushing, irrigating or any other use. Water conservation is
awareness that our water resources are not unlimited.
Water shortage means that situation when insufficient water is available to meet the needs of the
users, or when conditions are such as to require temporary reduction in total use within a
occurs due to drought.
F.A.C. water shortage plan.
charges required before the initiation of service arc as established by resolution of the city
council.
Except upon receipt of a request for a deposit transfer as set forth in subsection (b), the city shall
. .. . - . - , - : - . . • ecks on deposits shall be issued for an amount less than $1.00.
(b) Upon w itten request, a customer may request that a credit refund in the amount of the
shall be defined as no service shutoff and no penalty for late .. -• - • :. • - _ . .
month period. Upon receipt of the written reque° ; - - . - : - .. •• - , • - - . - . -
forth in subsection (a) shall be required if subsequent to application of the credit refund
22
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#2012 -0 -05
without thc consent of the city, and the connection shall be made under thc direction and
consent of the city shall, upon conviction, be subject to punishment as provided in section 19 29.
. . ..•.... . .••. •
The owner of the property shall be responsible for maintaining and repairing the water, scwcr
to cut off the water connection, which shall not be reconnected until the scwcr pipe is cl ned
Sec. 19 5. No free service.
whatsoever. A minimum bill shall be renderc I -• . - - - - • - • . .. . .
- - • : - . - : :•• :•-' .• -- - - • - -• -.. :y the owner and regardless
of the date or the means by which the owner camc into ownership of the residence, shall be
fer-the-prepefty,-In-the event that the utility fees, rates or charges arc not paid as and when duc,
a lien on the property.
• • • - • . • - . - - . - . _ ,,upplied /provided the utility
service. The city may record in the public records of Volusia County, Florida, a notice of lien
including -but not limited to attorneys' fees and costs, may be recovered by the city in a civil
• • : • , • - : - - • - • , • • • crest and any additional costs may be foreclosed or •
real property. - - - -
Secs. 19 7 19 9. Reserved.
ARTICLE II. WATER
(a) Residential. Each single family residence served by the city through a single sewer service
unit. An irrigation meter will be exempted from the sewer charge. ..
(b) Rooms, apartments, mobile home spaces. Each residential room, combination of rooms,
23
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#2012 -0 -05
service that is occupied, offered separately for rent as a rental unit, or vacant shall be one
equivalent residential unit.
(c) Nonresidential, commercial and industrial. For nonresidential uses not specifically defined •
- De- - .. .-... .... • .
Protection permit application. • - -'_ ...'. _. -•- • • • • - - . " _ 't'." • - • •
- ,
residential to nonresidential property occupancy, the net change in gallons shall be determined
facility. The fee will be assessed on the new flow in gallons.
(e) Multiple minimum. Each equivalent residential • . - - • -- • - • - .. .
ERU i m for the in city or if applicable, out of city accounts for each equivalent
residential unit.
single service per equivalent residential unit.
• . • ...
it '
with 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
material costs at the time said connection is made; however, the costs may be prorated among
service based on economic, public h lth, and system integrity considerations. In the event the
application is determined to be economically unfeasible, service ma - - •
24
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#2012 -0 -05
Connection charges shall be required for ch connection made to the potable water system
• • - - - • • -- • . - .. . _ - hall be in an amount equal to thc equivalent charge for a
- - • - - - - - .. - ice not later than 35 days from the billing date for said
council for reconnection during normal working hours. A service charge as established by
working hours. No service will be discontinued for a delinquent bill of leas-than-$-5,00,
Sec. 1915. Reserved.
_ 1 „ _ , •• • . , •; . • • . . . •
sufficient to properly operate and maintain the system. The city council at that time will take
_ . , , • . •
(a) There shall be a service charge for a customer request of a meter bench test for accuracy rf
the meter is found to be inaccurate, this charge will be voided.
(b) Extraordinary service calls, outside of regular maintenance, shall require a charge; for
example, locating the meter whcn covered during sodding or filling on thc property. Actual
25
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#2012 -0 -05
. . 1 .. . . . . • . • . ' . • • . • . • • .. .. . _ . . . .
(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
D • - : • , - - s rge and impact fce. The amount of the de:: • , -
• . , . - •puting sewer bills. All water measur-: - _ . • • - _ •
service established by article III of this chapter shall not be applied is • . •• . - - . -
such irrigation meters:
under the terms of this section.
operation must be approved prior to the customer's use. Water consumed by the customer shall
billing purposes.
_ - - - - . . - ... - •.. - . -.- . --
city. Water consumed shall be billed in accordance with the applicable rate for the appropriate
classification of the user.
• . !. • . • . ..
•
for the city and citizens thereof.
26
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#2012 -0 -05
- . • • • - . -- - - .. • • - . - . gfadc. The buildhig official for
. . ... • ..••. •. . ... • . . . • ••• .
the city.
(a) Any structure which dots not have a service meter installed for the purpose of measuring
shall not be served with city water.
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 thc meter system was constructed in compliance with the FDEP
(a) Purpose. The purpose of this section is to:
(1) Protect the public potable water supply of the city from the possibility of
supply system.
(2) Promote thc elimination or control of existing cross connections, actual or potential,
between its customer's in plant potable water systcm(s) and nonpotable water systems,
(3 rovi z r the maintenance of a continuing prog ..•- - - .. •
Systems. - • -
(b) Responsibility. The department of environmental scrviccs shall be responsible for the
•
27
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#2012 -0 -05
the customer system
(2) The utility system shall consist of the source facilities and thc distribution system; and
up to the point where the cust a -- - ' - •• _ - .
(4) The distribution system includes the network of conduits used for the delivery of water
from the source to thc customer's system.
water to points of use.
(b) Policy.
(1) No water service connection to any premises shall be installed or maintained by the
water purveyor unless the water supply is protected as required bete ---and
. . .. - - - . .' - . .. :, .. :, . • .
. - - .. - • . - . - mises. Service will not be restored until such
conditions or defects are corrected.
.. .. . - - - . • - - . epartment to determine whether cross connections or
- . . . . . • hazards, including violations of thes- _ . . , - • . - - -
customer has corrected the condition(s) in conformance with state and city statutes relating
to plumbing and water supplies and the regulati: - • - .. • .. . • - - -.
(3) An approved backflow prevention device shall also be installed on each service line to
being served; but in all cases, befo - • - _ "
28
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#2012 -0 -05
• • -- • - - - • _ • .. ' : • • - : evice in the service line appropriate to •
the-- degree of hazard. This shall include the handling of pr: - . - . . .
. • • - - •- - _ (1) internal cress connection that cannot be
line.
(1) The type of protective device required under this article shall depend upon the degree
of hazard which exists as follows:
�
'
p r� ple backflow prevention device.
• • - - - • - - • -- • - - there is water or substance that would be
objectionable but not hazardous to health, if introduced into the public water system,
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 protcctcd by an approved air gap
and plating plants.
d. In the case of any premises where there arc "uncontrolled" cross connections,
either actual or potential, the public water system shall be protected by an approved
prohibitions or restrictions, it is impossible or impractical to make a complete in plant
- - • - ey, the public water system shall be protccted against backflow
. - c premises by the installation of a backflow prevention
device in the service line. In this case, maximum protection will be required; that is, an
29
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#2012 -0 -05
separation or an approved reduced pressure principle backflow
prevention device shall be installed in ach service to the premises.
(5) Any backflow prevention device required he . . . . . - • - • .. - by the department. The term "approved backflow prevention device" that has been •• , • - .. • "• • .; :s. _ .. ' .. - . ' - . and Double Check Valve Backflow Prevention Devices," and, have met completely the
laboratory and field performance specifications of the Foundation for Cross Connection • n - - • _ -• " .. `'. •:• .. , •
• • - :; -' .. . • . --
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
... • -- .. .. - - -- • , -. -• - -
Connection Control and Hydraulic Research "; "University of Southern California ";
" . "• •��� " - . . • . - •
• - _ .
.. .. - . :. - -. - - - - . .. - . - . ..
qualified laboratory and are listed on the laboratory's current lis "• ... : • - " •• .
be used without further test or qualification.
backflow prevention devices arc installed to have certified inspections and operational tests
. . • . . _ . . - he may require certified- inspections at more frequent i
These inspections and tests shall be at the expense of thc water user and shall be performed
by a certified environmental services department tester. The required non residential
devices shall be repaired, overhauled or replaced at the expense of thc customer user
these rules so long as the department is assured that they will satisfactorily protect the
more than minimum maintenance or when the departmen - . - - - . • -
constitutes a hazard to health, the unit shall be replaced by a backflow prevention device
meeting the requirements of this section.
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1 • . - •
The city shall refuse to supply water service to any customer or structure which does not comply
supply from the city shall permit any customer or structure to connect with such water
•• 'n violation of section 19 24.
Secs. 19 27, 19 28. Reserved. • • 1 1 ' • • - . . . • . • , • 1 . • 1
-
less than $1.00 nor more than $500.00, or by imprisonment in the jail for a period of not
case. Each day any such violation shall continue shall constitute a separate offense.
•
_ • - 1 1 ' . . . • • . . . . .
wastewater collection and tr tment 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
Prctr fitment 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 s w hich
or otherwise be incompatible with the system;
(c) To improve the opportunity to recycle and reclaim wastewaters and sludges from the
system; and
• - - - - - . • • . - : • . - • - cost of the municipal wastewater system.
This article provides for the regulation of direct and indirect contributors to the municipal
established herein.
This article shall apply to the city and to persons outside the city who arc, by contract or
provided herein, the city manager of Edgewater shall administer, implement and enforce the
provisions of this artier
31
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#2012 -0 -05
1 . ... ..
(b) Rooms, apartments, mobile home spaces. Each residential room, combination of rooms,
service that is owner occupied, offered separately for rent as a rental unit, or vacant shall be one
equivalent residential unit.
building official using the fixture unit count as defined in the most recent data published by the
Florida Department of Environmental Protection permit application.
-- • .... -- - - • - !. - . - 51 • • • _ - , • - ,
(d) Changes in ER Us. If a building permit is issued for an existing nonresidential, commercial
gallons generated in the entire facility. The fee will be assessed on the number of new gallons
generated •unit . 1 . e • • , , . . • . . . . - . . • • • • . . ' . . . .
use the services and facilities of said sewer system. Such connection shall be made prior to the
of all lots or parcels which are located within 100 feet of suc • • - . • - • •
already occupied when service was made available, then the connections shall be made within 90
unit shall be liable f o r all impact fees. Provided, however, that no pers s " • . - . • - .
system.
32
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• • .. • . • . • • :, • . '' - . - -.
by the proper municipal authorities and without payment of all rates and charges required by the
city for the use of such facilities.
where -one building stands at the r r of another on an interior lot and no private sewer is
(c) Old building sewers may be used in connection with new buildings only when
resolution of the city council. If a lateral service needs to be installed, the property owner shall
• - • - • • - • . - - • _ • c effective as to ach lot or
lot or parcel, or the availability of such sanitary sewer to service such lot or parcel connected
- - • •. ewer; provided, however, that as to new construction, scwcr service charges
shall accrue upon issuance of the certificate of occupancy (CO).
mete-readings. Sewcr rates shall be-as established by resolution of the city council.
. . •, . . • ••
meted:
No person shall make or maintain any connection with any public or private sewer, or
inflammable or explosive liquid gas, vapor, substance or material.
:. • • •• • 9 •
- • - • • - • _ • • • • • • • • .. ct the flow to any public sewer or
eleg-up any appurtenance thereof, or place therein any substance, solid or liquid, other than the
33
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#2012 -0 -05
waste products for which sewers are provided.
. • . ' '. ' • - . . . • . • . • . ' 1 • . ' :.
Any person violating any of the provisions of sections 19 30 through 19 38 or failing to comply
therewith shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less
than $1.00 nor more than $500.00, or by imprisonmen • - - - • . • . - - - - - • -
Each day any such violation shall continue shall constitute a separate offense.
Sec. 19 40. Purpose, polic
(a) This division sets forth uniform requireme . - - - . - - - .
the wastewater collection and tr atment system for the city and enables the city to provide
efficient wastewater treatment to protect the public health and the environment and to meet
CFR parts 122 and /03, and chapter 62 625, F.A.C.
(b) The objectives of this division include, but arc not limited to, the f "owing•
(1) Prevent the introduction of pollutants into the municipal wastewater system which will
water.
(2) Prevent the introduction of pollutants into the municipal wastewater system which will
atmosphere or otherwise be incompatible with the system.
the opportunity to recycle and reclaim wastewate . - - _ - -
system.
(1) Provide -for equitable distribution of the cost of the municipal wastewater system.
(5) Provide for the general health, safety and welfare of both WWF employees and
citizens of the city
(c) This division provides for the regulation of direct and indirect contributors to the municipal
activities; requires user reporting; assumes the existing customer's capacity will not be
from the program establishedr
(d) This division shall apply to the city and to persons outside of the city who are, by contract
provided herein, the city's director of environmental services shall administer, implement and
enforce the provisions of this division. The director of environmental se - . . - • .
rem such provisions and limitations to en&we that they are suffici- - . .. - - - .. .
34
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#2012 -0 -05
of thc WWF, to enable the treatment works to comply with applicable state and federal laws, to
provide a cost effective m ans of operation of the treatment works, to provide cost effective
changes -er modifications to this division as necessary.
No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or
• - _ - • - ... : 11 such users of a WWF whether or not thc user is subjcct to
standards-or-requirements. A user may not contribute thc following substances to any WWF.
• • • - . • : , . s which, by reason of their nature or quantity, arc, or may
be, sufficient, cither alone or by interaction with other substances, to cause fire or explosion
or be injurious in any other way to the WWF or to cause the succ- • • .. _
explosive limit (LEL) of thc meter. Prohibited materials include, but arc not limited to,
peroxides, chlorates, perchlorates, bromates, carbides, hydrides, and sulfides, and any other
to the system.
• . bstances which may cause obstruction to thc flow in a sewer or
other interference with the operation of the wastewater treatment facilities, such as, but not
limited to, gr ase, garbage with particles greater than one half inch in any dimension,
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 frerx refining er processing of fuel or lubricating oil, mud or
glass grinding or polishing wastes.
(3) 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 WWF.
♦ - . . - . . • . .. . . - . - • . . . , - - - _ -
process, constitute a hazard to humans or animals, cr ate a toxic effect in the receiving
watcrs of the WWF, or to exceed thc limitation set - • - . . _ • . - . •- - -
standard. A toxic pollutant shall include, but not be limited to, any pollutant identified
pursuant to scction 307(a) of the Act.
(5) Any noxious or malodorous liquids, gases or solids which, either singly or by
interaction with other wastes, are sufficient to cr ate a public nuisance or hazard to life or
arc sufficient to prevent entry into thc sewers for maintenance and repair.
(6) Any substance which may cause the WWF's effluent, or any other product of the
35
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• •
- • I - - • • - • - • - - - -
(7) Any substance which will cause the WWF to violate its NPDES and /or state disposal
(8) Any wastewater with objectionable color not removed in the tr atment process, such
(9) Any wastewater having a temperature which will inhibit biolegical activity it t e
WWF treatment plant resulting in interference, but in no case wastewater with a
lo hundred four (104) degrees Fahrenheit).
: eD eD - -
etc.), released at a flow rate and /or pollutant concentration which a user knows or has
rate or contain concentrations or qualities of pollutants that exceed for any time period
quantities or flow during normal operation.
(11) 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
(13) Any pollutant or wastestream with a closed ca. ' . - .. • - - • : e = -
Celsius (140 degrees Fahrenheit), as determined by the test methods specified in 10 CFR
261.21.
(14) Any water or waste containing fats, wax, grease, oil, or related substances, whether or •
-. :, • • - - !! .. - - - - . •
become viscous at temperatures between 4. : _ - - -- • . ' e = - _ - - - . . - -
- . - . - • sues, sludges or scums to be unsuitable for
. . . . . • • . ge to the WWF be permitted which causes the W to
• • -- • . - -. - -
applicable to any reclaimed product of the WWF.
36
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#2012 -0 -05
o ' • = • : - • • - • : ompounds 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.
(17) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in
amounts that will cause interference or pass through.
' - - • - - . • - • . - - - • . • _ - , or fumes within the •
WWF in a quantity that will cause acute worker h ulth or safety problems.
.. .. .. -
W e., the director of environmental services determines that a uscr(s) is contributing to the
POTW any of thc above enumerated substances in such amounts as to interfere with—the
operation of the WWF, the director of environmental services shall advise the uscr(s) of the
correct thc interference with the WWF.
' ,.. .. , -
(a) Discharges received from entities outside t- - • . • . ... ... • - - - • . -
regulated to the same extent as arc discharges from within its jurisdictional boundaries. Any
•
comply with this section.
. - - : ' nformation from the contributing jurisdiction:
contributing jurisdiction;
(2) An inventory of all users located within the contributing jurisdiction that are
discharging to the WWF; and
(3) Such other information as the control authority may deem necessary.
(d` "„ agreement required by subsection (2) above shall contain the following conditions:
(1) All contributors to the WWF shall comply with this division and the specific pollutant
limos;
1 ust an annual basis;
• _ - - r tment implementation activities, including
the control authority, and which of these activities will be conducted jointly by the
37
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#2012 -0 -05
contributing jurisdiction and the control authority;
C1) A requirement for the contributing jurisdiction to provide . . .. . ' •
- - . . -e contributing jurisdiction obtains as part of its pretreatment
activities; • • . • - .. . .. ' . • - • '
:. •. - - • • _ - - 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 authorityand
(8) A provision specifying remedies available f: . - . - - -•- - - _ •- - .
1 i
Upon the promulgation of the federal categorical pretr tment standards for a particular
.. - . .: . tegory, shall immediately supersede the limitations imposed
under this division. The director of environmental services shall notify all affected users of the
- • ... - _ . • _ • . I I I • 1 I . . • . . • . • . • . . • . . . , •• • • . • . . . .
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 "Consistent removal" shall mean
reduction in the amount of a pollutant or alteration of the nature of the pollutant by the
wastewater tr tment system to a less toxic or harmless state in the effluent which is achieved by
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.
No person shall discharge wastewater i^ exce of:
0.11 mg /1 arsenic;
1.00 mg /1 barium;
0,04-5-mg/4-beryllium;
250 mg /1 BOD;
1.00 mg /1 boron;
0.23 mg /1 cadmium;
38
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10.0 mg/1 chromium, total;
1.33 mg /1 copper;
1.0 mg /1 cyanide;
5.00 mg/1 iron;
35.0 mg /1 Kjeldahl nitrogen;
0.66 mg/1 lead;
1.00 mg /1 manganese;
0.0001 mg /1 mercury;
0.22 mg /1 molybdenum;
1.0 mg /l nickel;
50.0 mg /1 oil and grease;
10.0 r gn total phosphoms [phosphorus];
0.80 mg /1 selenium;
0.3/1 mg /1 silver;
5.00 mg /1 sulfides;
250 mg/1 suspendcd solids;
4-0 mg /1 total chromium;
3.0 mg /1 chromium (trivalent);
-1.00 tg /1 chromium (hcxavalent);
'1.0 mg /1 zinc;
1.00 mg /1 total identifiable chlorinated hydrocarbons;
1 . .
• . - - • • :.,hall be excluded from the atment works unless certain conditions and
volumes of pretreatment have been specifically described and approved by the director of
39
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1 . . 1
(a) --The city reserves the right to establish by ordinance more stringent limitatiehs—er
requirements on discharges to the wastewater disposal system if deemed necessary to comply
the objectives presented in section 71 102 of this division.
(b) —the city reserves the right to enter into special agrcements with industrial users setting out
special terms under which they may discharge to the WWF. In no case shall a special agreement
waive compliance with a pretr atment standard or requirement. How- - , :. • . . - - .
request a net gross adjustment to a categorical standard in accordance with chapter 62 625, FAC.
• .. . . - . . .. . . • . ce 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
62 625, F.A.C.
as a partial or complete substitute for adequate treatment to a - . • . - • - • limitations contained in the federal categorical pretreat - :. : , : • - . - - :0 .
specific limitation developed by the city or state.
• 1 . 1 . .. ..
(a) Each user shall provide protection from accidental discharge of prohibited materials or
prohibited materials shall be provided and maintained at the owner or users own cost and
- - ! . .. . .. •. .. -
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 • - • - - . . . - • : - : e
•
modify-the user's facility as necessary to meet the requirements of this division. In the case of an
concentration and volume, and corrective actions.
(b) Within five days following an accidental discharge, the user shall submit to the director of
measures to be taken by the user to prevent similar future occurrc - . - . • . .
notification relieve the user of any fines, civil penalties or othe •
by this division or other applicable law.
(c) A notice shall be permanently posted on the user's bulk • • ::.: - - - - 40
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• - - - • - . .. . - • h a dangerous discharge to occur are advised of
the emergency notification procedure.
Sec. 19 50. Fces.
(a) Purpose. It is thc purpose of this division to provide for thc recovery of costs from users of
the city's wastewater disposal system for the implementation and continued operation of the
program established herein.
(1) Fces for reimbursement of costs of setting up and operating the city's pretreatment
- - - - • . . ' - :; • • : • tions and surveillance procedures.
('1) Fces for permit applications.
(6) Fces for consistent removal (by thc city) of pollutants otherwise subject to federal
pretr tmcnt standards.
• . • - - - . .. sy thc city. Charges and fees shall be for thc recovery of actual costs
of city labor, materials and equipment (plus 25 percent ovcrh ad expenses) and the invoiced
any area under the jurisdiction of the city, and /or to the WWF any wastewater except as
.. .
• • - - . • - ctor of environmental services in accordance with the provisions of this
division.
(a) Required. All significant users proposing to connect to or to contribute to the WWF shall
obtain a wastewater discharge permit before connecting to or contributing to the WWF. All
existing significant users connected to or contributing to the WWF shall obtain a wastewater
(b) Application. Users required to obtain a wastewater discharge permit shall complete and file
prescribed by thc city. Any user notified by the city as having been designated a significant
. • . . - .. .. . - ction 74 101 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 thc WWF. In support of the application, thc user shall submit in units and
41
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terms appropriate for evaluation, the following information:
(1) Nam, 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.
. . . . - . . ... - • • , - eluding, but not limited to, those
mentioned in section 71 103 as determined by a reliable certified analytical laboratory;
sampling and analysis shall be performed in accordance with procedures established by the
- ' • .. . - • : - ! • _ - e Act and contained in 10 CFR part 136, as amended,
and chapter 62 625, F.A.C.
(1) Time and duration of contribution.
and seasonal variations if any.
sewer connections and appurtenances by the size, location and elevation.
accidental discharge of prohibited materials as specified by section 71 110.
(8) Where known, the nature and conccntration of an :: .. - . -
oration and maintenance and /or 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
conditions shall apply to this schedule:
a. The schedule shall contain incremen . _ - • - - - . •• . .. -
- - - -- - . . - • : - .. - - - .. • - o the construction and
operation of additional pretreatment required for the user to meet the applicable
pretr atmcnt 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 (9) 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 • - - - . - - • .. - .
services 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
42
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! -. . :. , -- - - -- - - . . ... .
(11) Type and amount of raw materials processed (average and maximum per day).
(13) Development and implementation of spill control plans or other special conditions
devices, etc., designed to reduce, eliminate or prevent the introduction of pollutants into the
WWF.
(15 ` i � of any environmental control permits held by or for thc facility.
. •- - • - • -- acceptable to thc city and signcd by • .. - • - . - - . •
true, accurate and complete, and that there are penalties for submitting false information.
' - : - - : rmation as may be deemed by the city to be necessary to evaluate the
permit application.
The city will evaluate the data furnished by thc user and may require additional information.
After evaluation and acceptance of the data furnished, the city may issuc a wastewater discharge
permit subject to terms and conditions provided herein.
(a) Permit modifications. Within nine months of thc promulgation of a national
categorical prctr atment standard, the wastewater discharge permit of users subject to such
• . • - . - • - • • require compliance with such standard within the time flame
prescribed by such standard. Where a user, subject to a national categorical pretreatment
180 days after the promulgation of the applicable national categorical prctr atmcnt
standard. In addition, the user with an existing wastewater discharge permit shall submit to
he director of environmental services within 180 days after thc promulgation of an
(b)( and (b)(
' • •• - • - . - • _ -permits shall be expfessly subject to all
•. • • - - applicable regulations, user charges and fees
(1) The unit charge or schedule of user charg- . - : - - - . - : -
di
a hafgedzo a community sewer.
43
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(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.
(1) 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 submissio - .. . _ ..
section 71 111).
(8) Requirements for maintaining and retaining plant records relating to wastewater
discharge for a minimum of three y ars as specified by the city and as specified in rule
62 625.600(11), F.A.C., and affording city access thereto.
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 71 118(b).
(11) Authorization for the director or his designee to carry out all inspection,
surveillance and monitoring procedures necessary to determine, independent of
information supplied by industrial at users, compliance or noncompliance with
Representatives of the control authority shall be authorized to enter any premises of
any industrial user in which a discharge source or tr tment system is located -er-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
. - .. . • .. • . d under F.S. § 103.091.
(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.
(c) Duration. Permits shall be issued for a specified time period, not to exceed five y ars. 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 rcissuance a minimum of 180 days prior to the
modification by the city during the terra of the permit as limitations or requirements as identified
in section 74 103 are modified or other just causc exists. The user shall be informed of any
44
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#2012 -0 -05
• . .. . •. _ - -.. . . ! . . . . . . - . . - - . A -
(d) Transfer. Wastewater discharge permits arc issued to a specific user for a specific
city. Any succeeding owner or user shall also comply with the terms and conditions of-thc
cxisting permit.
(a) Compliance datc report. Within 90 days following the datc for final compliance with
the introduction of wastewater into the WWF, any user subject to prctr atment standards and
and concentration of all pollutants in the discharge from the regulated process which are limited
process units in the uscr facility which are limited by such pretreatment standards or
requirements. The report shall state whether the applicable pretreatment standards or
- •• - - . - •• t on a consistcnt basis and, if not, what additional operation—and
maintenance and /or pretreatment is necessary to bring thc user into compliance with the
applicable pretreatment standards or requirements. This statement shall be sign
authorized representative of the industrial uscr, and certified to by a qualified professional.
(b) Periodic compliance reports.
(1) Any uscr subject to a pretreatment standard, after the compliance date of such
into thc WWF, shall submit to the director of environmental services during the months of
director of environmental services, a rcport 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
.- -
of environmental services and in consideration of such factors as local high or low flow
rates, holidays, budget cycles, etc., the director of environmental services may agree to alter
the months during which the above reports are to be submitted.
(2) The director of environmental services may impose mass limitations on users who are
• _ - • - . -- - - • .. • .. - - - . -• - t standards or requirements or in other cases
whcrc the imposition of mass limitations are appropriate. In such cascs, the report required
standards in the effluent of the user. Th- - - .. . - - . • - .
and mass where requested by the director of environmental services, of pollutants contained
therein which are limited by the applicable pretreatment standards. The frequency of
performcd in accordance with procedures established by the EPA pursuant to section 304 (g)
of the Act and contained in 40 CFR part 136, chapter 62 625, F.A.C., and amendments
45
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#2012 -0 -05
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 10
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
sag -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 one hundred eighty (180) days after the effective date of a
. _ • . •- - . .. : , . s red eighty (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
WWF, 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
625.110(2)(b) and (c), F.A.C., the industrial user shall not be required to submit this
(2) New users. At 1 ust 90 days prior to commencement of discharge, new sources and
sources that become industrial users subsequent to the promulgation of an applicable
categorical pretr tment standard, shall submit to the control authority a report which
. • - - - • - . • : • - . • • .. _h e. below. New sources shall include in this
subparagraphs (c)(2)d. and (c)(2)e.
• • • . - .. • . . - hall 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 carricd out by
such industrial user. This description shall include a schematic process diagram which
indicates points of discharge to the WWF 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 WWF
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
46
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#2012 -0 -05
control authority shall allow for verifiable estimates of these flows where
justified by cost or feasibility considerations.
c. Measurement of pollutants.
1. The industrial user shall identify the pre - . •- - - . .. • • - - • - - -
ach regulated process.
pretreatment standard or control authority) of regulated pollutants in the
comply with rule 62 160.670, F.A.C. Both daily maximum and average
representative of daily operations.
3. Grab samples shall be used for any tests to m asure pH, cyanide, total
chlorine residual, unionized ammonia, microbiology, specific conductance, and
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
1. The industrial user shall take a minimum of one representative-sample-to
compile the data necessary to comply with these requirements.
5. Samples shall be taken immediately downstream from pretreatment
facilities, if such exist, or immediately downstr am from the regulated process if
no pretreatment exists. If other wastewater . - -- - - - - . .
concentrations necessary to allow use of the combined waste str am formula of
- I : , - . • . . , - : rder to evaluate compliance with the pretreatment
accordance with rule 62 625.410(6), F.A.C., this adjusted limit, along with
6. All activities related to sampling and analysis shall c: -- : • • - .. -
610, F.A.C., and shall be conducted under the re:. • - -- - - - . -
160.300(1), F.A.C., for category 2A. Sa _ . • - . : . - - .. . -
Environmental Regulation Standard Operating Procedures for Laboratory
Operations and Sample Collection Activities" (DER OA 001/92), September,
1992.
47
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#2012 -0 -05
data so long as the data provides information sufficient to determine the need for
industrial pretrcatmcnt 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
pollutant discharges to the WWF.
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 pretr fitment is required for the industrial user to meet
the pretreatment standards and requirements.
g. Compliance schedule. If additional pretreatment or ope . • : . - -
will be require to meet the pretr tmcnt standards, the industrial user shall provide
such additional pretrcatmcnt 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 categoric - . •- • . .. . - -
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
the modified limits.
2. If the categorical pretr atment 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 a. - : • • • • - • : I s.
after the modified limit is approved.
(d) Compliance schedule for meeting categorical pretreatment standards. The following
(1) The schedule shall contain increments of progress in the fo - .. - -
pretreatment required for thc industrial user to meet the applicable categorical pretreatment
standards (e.g., hiring an engineer, completing preliminary plans, completing final plans,
construction).
(3) Within fourteen (14) days following each date in the schedule and the final date for
compliance, the industrial user shall submit a progress report to thc control authority
including at a minimum, whether or not it complied wit - - - - -- • . -
met on such date and, if not the date on which it expects to comply with this increment of
progress, the r-ason 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
48
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•- ' • .. . . . • - • . . • • .. . .. • - - ' ! . .
- , • - :. • . - - .: • -- ct to prctr tmcnt standards and requirements shall submit to the
. - . - • • • • - • - t to equivalent mass or concentration limits established by the
control authority in accordance with thc procedures specified by rule 62 625/110(1), F.A.C., this
all othcr industrial uscrs subjcct to categorical p - - . •- - - :. . - - - - - -- -
(f) Periodic reports on continued compliance.
• - • - - • • . .. • - .. . - :. rical pretreatment standard, after the compliance
the discharge into thc WWF, shall submit to the control authority as specified in the permit
- - - -• • - - - - . - . _ - and maximum daily flows for the reporting period
this rule.
(2) Where the control authority has imposed mass limitations on industrial uscrs as
provided f r by rule 62 625.410(5), F.A.C., the report required by subsection (0(1) shall
indicate thc mass of pollutants regulated by pretreatment standards in thc discharge from
the industrial user.
report required by subsection (f)(1) above shall contain a reasonable m sure of the
.. - . - -• . . of operation), the report required by subsection (f)(1)
(g) Notice of potential problems, including slug discharges. All categorical and significant
discharges, as spccified by rule 62 625/100(2), F.A.C.
(h) Monitoring and analysis to demonstrate continued compliance.
- - .. - -d in subsections (c), (e) and (f) shall contain the rc u1ts of sarp'i,,g
production and mass where requested by the control authority, of pollutants contained
49
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therein which are limited by the applicable pretr atment 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)f. and subsection (d). In addition, where the control authority
user shall not be required to submit the report. All laboratory analytical reports prepared by
(2) If sampling performed by an industrial user indicates a violation, the industrial user
. . _
the violation. The industrial user is not required to resample if;
a. The control authority performs sampling at the industrial user at a frequency of at
least once per month; or
when the industrial user performs its initial sampling and the time when the industrial
user receives the results of the Wig:
(3) The reports required in subsection (f) shall be based ... ... ... • - .. _ -
sampling and analysis performed during the period covered s - - .. . - ... .
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.
( '1) All activities related to sampling and analysis shall be subject to the same
requirements as specified by sub subparagraph (c)(2)c.6.
(5) If an industrial user subject to the reporting requiremen • - • . - • .
,Section monitors any poll .. - . - - - - - .. • . - . .. . • , • • -
monitoring shall be included in the report.
(i) 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 pre -• .. _
noncategorical 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
. . . - - rcpert, and arc subject to the same requirements spccificd in sub
subparagraph (c)(2)c.6.
(j) Notification of changed discharge. All industrial users shall promptly notify the control
50
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#2012 -0 -05
(n).
(k) Signatory requirements for industrial user reports. The reports required by subscctions (c),
(c) and (g) shall include the certification statement as se • • - . - : . • ! -
(1) Provisions governing fraud and false statements. Any person, including a responsible
Section shall be subject to the civil and criminal penalties of F.S. § 403.161, for any falsification
described in that section.
(m) Rccord keeping requirements,
. • - - • - - - - - . • _ :. - -- - - pecificd in rule 62 160.600, F.A.C. •
(2) Any industrial uscr or control authority subject to thc re:: - • - • - ..' •• - .
- - - - - - . - . . - . ether or not such monitoring activities are
required by this section) and shall make such rccords available for inspection and copying
by the control authority. This period of retention shall be extended during thc course of any
(n) Provisions governing hazardous waste.
(1) The industrial user shall notify the control authority and the FDEP hazardous waste
and pretreatment authoritics in writing of any discharge into the WWF of a substance,
which, if ethe wise disposed of, would be hazardous waste under chapter 62 730, F.A.C.
number, and the type of discharge (continuous, batch, or other). If the industrial user
. - . - . .. • . ! I _ . . . - - .- .. - -
WWF, the notification shall also contain information (to thc extent such information is
Industrial users who commence discharging after the effective date of this chaptcr shall
provide the notification no later than 180 days after the discharge of the listed or
characteristic hazardous waste. Any notification undcr this subsection shall be submitted
only once for each hazardous waste discharged. However, notifications of changed
-- - -
of subscctions (c), (e) and (f).
- - - - - - • • - - - • . . • . - - an fifteen (15) kilograms of hazardous
51
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#2012 -0 -05
wastes, unless the wastes are acute hazardous wastes as specified in chapter 62 73 C.
chapter 62 730, F.A.C., requires a one time notification. Subsequent - - . _
require additional notification.
(3) In the case of any new FDEP regulations identifying additional characteristics of
. . ... - : isting any additional substance as a hazardous waste, the industrial user
shall notify the control authority and the department's hazardous waste and pretreatment
regulations,
(1)- -the case of any notification made under this subsection, the industrial user shall
generated
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 street or sidewalk ar and located
so that it will not be obstructed by landscaping or parked vehicles. When deemed necessary by
industrial and /or commercial wastes shall install a sui .: - • . - - _ • • - •- -
measurement of the wastes. Such manhole, when required, shall be accessible and safely located
services. 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.
. ... ... • . . . .- .- . '.. • ..
following written notification by thc city.
(a) The city shall inspect the facilities of any user to ascertain whether thc purpose of this
ready access at all r asonable times to all parts of the premises for the purpose of inspeetion,
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 use ' ... - - . • - . . - - - - .
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•• - • - • - • • _ ..: s so that upon presentation of suitable identification
personnel from thc city, FDEP, EPA, or any other governmental entity or agency will be
-•- • - • - , • .. . , : the purposes of performing their specific responsibilities.
monitorcd, metered and /or sampled shall be promptly removed by the user at the written or
(b) This sampling and analysis may be performed by the : - .. : • • - . • - -
industrial user. Where the WWF performs thc required sampling and analysis in lieu of the
. - - - 4e _ ! • 4 - - - - •
-- -
•
•. - - - ° .. _ 0 : •. . .. •. . - - .
required to submit the report.
the sampling and analysis and submit the results of the repeat analysis to the control authority
resample it.
once per month; or
See 9 56. - retrcatmet
(a) Users shall provide necessary wastewater treatment as required to comply with this division
limitations as specified by the federal pretreatment Fegulatiens. Any facilities re cd-te-pretreat
facility. The review of such plans and operating procedures will in no way relieve the f om
-- - - - • • - . • • • and be acceptable to the city prior to the user's
initiation of the changes.
the users which were in significant noncompliance with any pretreatment requirements—Of
cnforcemcn • . - - _ • - . - - - • . • - _ . - . • - - - • - .
53
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officials of the EPA, FDEP or city upon request.
- - :et - - .,
reference in this section.
Scc. 19 57. Enforcement.
(a) Suspension of service. The city may suspend thc wastewater treatment service and /or a
wastewater contribution permit when such suspension is necessary, in the : • • • - - • - • , -
substantial endangerment to the health or welfare of persons, to the environment causes
interference to the WWF or causes the city to violate any condition of its NPDES permit. Any
contribution permit shall immediately stop or eliminate the contribution. In the event of a failure
of the person to comply voluntarily with the suspension orde , - • . . . - . .
deemed necessary, including immediate severance of the sewer connection, to prevent or
•- -- • -- .. - - - - •- - ndangerment to any individuals. The city shall
reinstate the wastewater contribution permit and /or the was - . - . -- - - • - .
of the elimination of the noncomplying discharge. A detailed written statement submitted by the
user describing the causes of the harmful contributions and the measures taken to prevent-any
(b) Revocation of permit. Any user who violates the following conditions of this division, or
... • • . . . . . gu . , • .. . • - 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.
- . • . - - - o report significant changes in operations or wastewater
constituents and characteristics.
(3) Refusal of r sonable access to the user's premises for the purpose of inspection or
monitoring.
('I) Violation of conditions of thc permit.
(5) Falsifying periodic compliance reports.
(6) Tampering with • . : .. • - - .
(7) Failure to pay ad - • - • . • . . - .
(8) Failure orrefusal to accept notices of violation or compliance schedules or other
enforcement procedures.
(c) Notification of violation. Whenever the city finds that any use - . . . • •
..
this division, a wastewater contribution permit or any prohibition or limitation of requirements
54
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contained hercin, the city may serve upon such person a written notice stating the nature of the
violation. Within 30 days of the date of thc notice, a plan for the satisfactory correction thereof
shall-be-submitted-to the city by the user.
(d) Show cause hearing.
(1) The city may order any user who causes or allows an unauthorized discharge to enter
the WWF to show cause before thc city council why the proposcd enforcement action
to be taken, the proposcd enforcement action and directing thc user to show cause before
the city council why the proposcd enforcement action should not be taken. The notice of the
hearing shall be served personally or by registered or certified mail, return receipt
of a corporation.
(2) The city council may itself conduct the hearing and take thc evidence or may designate
and testimony of witncsscs and thc production of evidence rcle
involved in such h rings;
b. Take the evidence;
e-Tfansmit a report of the evidence and hearing including transcripts and other
recorded. If evidence is taken by othcr than the city counc• , - .
stenographically for review by thc city council.
• ,
responsible for the discharge directing that, following a specified time period, the sewer
service be discontinued unless adequate treatment facilities, devices or othcr related
• • .. - - . . • - . . - • = reatment facilities and arc properly
operated Further orders and directives as are necessary and appropriate may be issued.
city's wastewater disposal system contrary to the provisions of this division, federal or state
. -- - - - . ' - -- - is or any order of the city, thc city may commence an action for
. • . - . • . - - . - : or equitable relief in the circuit court of the county. The city may recover
r asonable attorney's fees, court costs, court reporter's fee , • - - - . • • _ • .
.. _ - - - -. . _ . - _ . action may include, but shall not be limited to, the following:
(1) Petition for federal or state enforcement. In addition to other remedies for
- • •- - - .. : - - - • •, - - . • - sr of environmental services may petition the FDEP
- -
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provided by applicable federal or state laws to ensure compliance by industrial users of
applicable pretreatment standards, to prevent the introduction of toxic pollutants or other
regulated pollutants into the WWF, or to prevent such other water pollution as may be
regulated by state or federal law.
(2) Citation to county court. Notwithstanding any of the above, the director of
environmental services may cite any uscr to county court for violation of any provision of
• .. D'
deemed to be a violation of this division.
(3) Injunctive and other relief. The director of cnviro - - - . - - , - - - •
attorney, may file a petition in the name of the city in the circuit court of the county or such
other courts as may have jurisdiction seeking the issuance of an injunction, damages, or
other appropriate relief to enforce the provisions of this division or other applicable law or
regulation. Suit may be brought to recover any and all damages suffered by the city as a
result of any action or inaction of any user or other person who causes or suffers damage to
by the city.
(f) Criminal mischief. No person shall maliciously, willfully or deliberately break, damage,
destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part
(g) Affirmative defense. A uscr shall have an affirmative defense to an enforcement action
brought against it for noncompliance with the prohibitions in section 71 103 if it can prove that it
from other sources, would cause pass through or interference and that either:
(1) A local limit exists for each pollutant discharged and the user was in compliance with
ach limit directly prior to and during the pass through or interference; or
constituents form the user's prior discharge when the WWF was regularly in compliance
. ' • ' ! - _ : -rmit, and, in the case of interference, was in compliance with applicable
sludge use or disposal requirements.
An affirmative defense shall not apply to the specific prohibitions in subsections 71
103(1), 74 103(3) and 74 103(19).
(h) Conscnt orders. The city may enter into consent orders, stipulations, assurances of
voluntary compliance, or other similar documents establishing an agreement with any property
owner or user responsible for noncompliance. Such documents will include specific action to be
taken by the property owner or user to correct the noncompliance with a time period specified in
the document. Such documents shall have the same force and effect as administrative orders and
shall be judicially enforc blc.
(i) Remedies nonexclusive. The remedies provided for in this division are nonexclu.e
city may take any, all, or any combination of the enforcement actions against a noncompliance
property owner or user. Enforcement of prctr atment violations will generally be in accordance
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Scc. 19 58. Penalty.
(a) A person violating any of the terms, conditions, orders, rules, regulations, permits,
with section 1 8; except that, the maximum fine shall be $1,000.00. Each day that any such
violation shall continue to exist shall constitute a separate and distinct offense, punishable as • - - - - • - • - • - • • - - . • • - - - _ • - • . -d for such purposes.
referred to the municipal code enforcement board as prescribed by section 2 206 et seq. of this
Code.
any applications, record, report, plan or other document filed or required to be maintained
. - - . . • • . • • . • • r wastewater contribution permit, or who falsifies, tampers with or
shall, upon conviction, be punished as provided by section 1 8 of this Code; except that the
maximum fine shall be $1,000.00.
Scc. 19 59. Reserved.
• . •\ ' .
• . .. .
(b) The fees established by resolution of the city council shall be collected by the city by
affixing-the amount of same to the monthly statements for the use of water; provided, however,
separate statements shall be—rendered—to—all—persons who do not receive a monthly water
statement. The established fees shall be applicable irrespective of whether the residence, the
• . _ • . - :1 sewer services. The city shall make an initial determination of the number
• • - • - - , •- . - , • - : - . • : c businesses, and the number of lots, plots, or spaces
within trailer parks with trailers thereon, and ch hotel, motel, multiple business, and trailer
•. • - - - and trash on the basis of the units or lots therein. The city may
has changed during the billing period.
(c) The charges and fees established by resolution of the city council arc due and payable for
57
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#2012 -0 -05
the services of garbage and trash collection and its availability to the user, whether such service
established by resolution of the city council for garbage and trash service shall be charged
trash service within 20 days of the billing date of said service. Should there be a failure by the
customer receiving garbage and trash service to pa - - . . • - - • -, - - _
garbage and trash collection service of the city for garbage and trash collection service charges
and fees until paid in full. Notice and enforcement of such liens shall be in accordance with the
laws of the state. Such liens, when delinquent for more than twenty five (25) days, may be
foreclosed by the city in the manner provided by th- . - . • - . - . • - - - - _ _ -
on real property. The owner of real property upon which a lien is filed shall be responsible for
attorney's fees incurred in any action brought by the city, for lien enforcement or lien
foreclosure.
(d) Any business conducted upon or i . . - . - . • . . . . . - - • - - - -;
The occupants of each residence, multiple dwelling, business or commercial enterprise and
accumulation of garbage and trash from each such residence, multiple dwelling, business or
commercial establishment or trailer park between the times said garbage and trash is collected.
All wet garbage matter shall be wrapped in paper before being placed in garbage cans. Tin cans,
bottles and other containers shall be first drained of all liquids prior to being placed in garbage
cans. All broken or shattered glass shall be placed i - . .. . . • - • . • - _ . _ .
garbage can or for the purpose of emptying such can in a garbage truck.
- - • - . - _ .. riving 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 slightly condition.
(b) Piles of trash shall be stacked in piles not to c - - - • - - - • _ - , • - • _ -,
and four feet in length.
(c) No trash pickups will be made from vacant lots; provided however, the owner of any vacant
'may -make arrangements with the city for pickup of trash, and a reasonable charge for such
(d) Trash which is not prepared as required herein will not be picked up, and will be a violation
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of this division.
1 . , • •
Garbage and trash containers when not in use shall be kept away from the front of any building
or premises. No garbage or trash 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. N^ garbage can or trash 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 thc city.
before the scheduled pick up service. All garbage and trash containers " hal be re moved ro e •
..• . . . - - - . . . . . - - :1. .
the day of the scheduled pickup.
All garbage cans and trash containers shall be subject to the approval and condemnation of the
garbage and trash collectors of thc city. No appeal for such condemnation shall be penile
except to the city council.
surgeons.
Builders, building contractors and privately employed tree trimmcrs and tree surgeons must
remove all 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, bricks and
all other materials used by contractors in the course of building and /or alterations.
over the streets of alleys of thc city; and provided further, business or commercial enterprises
the city council, if approved by the city council, by which the owner or operator of a business or
commercial enterprise may collect, transport and dispose of all accumulation of garbage and
trash and the city council may make a r usonable charge or make no charge at all, in the
from the city. It shall be unlawful for any person to allow accumulations of broken or used
contractor to collect and dispose of said accumulations.
Secs. 19 68 19 73. Reserved.
1 •. . • . „ • 1 •
1 •• .. I
(a) Prohibited. No person, firm or corporation shall be permitted to collect or remove either
59
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#2012 -0 -05
designated collection location unless previously authorized by the city.
-
containers or recyclable materials shall be to the extcnt permitted by law.
Secs. 19 75 19 79. Reserved.
• i • ..
. .. • - - - . power of article VIII, 2(b), Florida Constitution; F.S. ch. 166; and F.S.
own, construct, equip, operate and maintai .. - - - . _ . ,
underground storm drains, treatment facilities, equipment and appurtenances necessary, useful -or
convenient for a complete stormwater management system, and also including maintenance,
e - • . • . . - . . - . - - . -ment system of the city; to
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
It is hereby found. determined and declared as follows:
(1) 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 e : -• - •- - - . • - • .
(2) The cost of :. . _ . : - . • - . • - . - • - • - .. . . • • ..
and financing necessary repairs, replacements, improvements and extension thereof gh.ould
to the extent practicable, be allocated in relationship to the user impacts, benefits enjoyed
and services received therefrom.
(3) All property within the city demonstrates a hydrologic response to rainfall events
which generates stormwater runoff. The velume, rate, and quality of this runoff will vary
particular, the construction of nonresidential units on previously undeveloped property will
quality.
charges and fees are to be levied against all developed property within the city to
accomplish the purposes of the utility.
A stormwater fee in an amount as established by resolution of the city council is hereby imposed
60
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upon each developed lot and parcel within thc city for services and facilities provided by the
parcels within thc city arc classified as residential or non residential.
and-assign a classification of residential or non residential to each lot or parcel.
DCVTJ 83- -S e— Sehedu-le:
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
- - • : - • . - - ! _ . • . • -d by the number of residential units.
(2) Nonresidential. For nonresidential properties, the number of equivalent drainage units
• - - -. - •
drainage-unit factor and then multiplied by thc rate established or an EDU. The calculation
of the EDU amount shall be done to the ngarest hundredth of an equivalent drainage unit.
Gross parcel ar a and impervious ar a shall be determined for ach parcel using site plans,
tax maps, REDI maps, aerial photos, and any other appropriate information. For
or to the property owner as determined by the city.
council.
(4)- Minitnucm-bill. The minimum bill for developed property shall be for one EDU.
•
D - - •
IP /CA – EDU
Where:
• IP _ " : • -.•
atieount,
CA= .. - ...
2,027 square feet:
E-DI; = Equivalent drainage unit.
such determination to the city manager or his designee. Any appeal must be filed in writing and,
61
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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 shall make a final calculation of pervious
still dissatisfied, a party may appeal the city manager's decision to the city council in the same
manner as preceding. The decision of the city council shall be final. Any adjustment to the
provided said adjustment was requested • • - . - . . • - - •- - -- - - - - - . _-
request for the adjustment.
fund which is hereby created, to b- . - - " -• • - - . .. - . ". _ . • .
and maintenance of the stormwatcr system of the city. To the extent that the stormwater
management fees collected are insufficient to construct 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.
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
to pay for the cost of operation, repair, maintenance, improvements, renewal, replacement,
costs incidental thereto
Sec. 19 87. Stor •• . • • • • • . - • • . • .
(a) The stormwater management utility fee shall be billed and collected with the monthly -utility
separately as stormwater management utility fees for those los : - .. . . . -
utility—fees shall be rendered monthly by the finance department and shall become due and
to stormwater management, next applied to sewer, and finally applied to the water account
monthly services charges as defined in chapter 19 and may be recovered in an action at law by
the city. The delinquent account shall be responsible for fees whether or not suit is necessary. In
addition to any other remedies or penalties provided by this or any other ordinance of the city,
62
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(c) In the case that a tenant in possession of any pre -- • - . .. • . _ . - - - ..
chargcs.
- - • • • - - - - - bovc prescribed shall constitute a debt to the city for which thc
be ''ept open for the inspection by thc owner, tenant, or occupant and it shall be the responsibility
See1-9 88— nforcemcnt.
(a) The director and other duly authorized c .. - . - .. • • : p.apc. , .; uu•«... ....a
identification shall be permitted to enter all properties tributary to the city's stormwater
accordance with the provisions of this chapter and any rules or regulations adopted pursuant
hereto.
necessary.
Sec. 19 89. Reserved.
S . 9_90, Vari ees.
(a) When the city finds that compliance with any of thc requirements of this article would
- • • - . • . • . • • . pccific user, a variance from any one or more such requirements
may be granted by the city, provided the variance is thc minimum necessary to alleviate such
intcnt and purposc of this article.
. - • . variance from thc provisions of this article shall file a petition for
variance to the director of environmental services, but must conform to the greatest poss le
• - - . - • - . - .. : o 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.
(1) The petitioner's name and address.
a. The specific provision from which thc petitioner is requesting a variance.
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b. A detailed statement of the facts which the petitioner believes demonstrate that
the request qualifies for variance under section 19 92
(2)– — description of the variance desired.
support thereof.
with the provision.
sought and when compliance could be achieved.
variance.
(d) No petition for variance shall be approved unless the petitioner affirmatively demonstrate)
(1) The variance is essential to protect health or safety;
•
substantial economic, social or health burden o - - . - - - -
petitioner; or
(1) Alternative restrictions which achieve the same level of demand reduction as the
provision arc available and reflect the intent and purpose of this article. • - - - - .. . . - - _ • - - - - .
week during Eastern Standard Time.
.. .
to be able to determine water shortages based on the data available in the city independent of
data available elsewhere in the district.
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.
IOC 21, Florida Administrative Code, the wate . • - . - - •• - - - .
become effective and take precedence over the pro • • . - -, :: • : - • - - -
provides for a more restrictive level of water conservation than the level in effect, until the water
64
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shortage declaration cxpires.
• • , • - .. :rovide the necessary levels of year round watcr conservation and provide
or private utility:
(a) When Daylight Savings Time is in effect, landscape irrigation shall occur only in
accordance with the following schedule:
1. 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
reclaimed water, which may or may not be supplemented from another source
. . . - . .. . Irrigation with reclaimed water may occur only on
Monday, Wednesday and Saturday and shall not occur between 10:00 a.m. and
11:00 p.m.; and
2. Residential landscape irrigation at even numbered addresses:
a. Potable or well water irrigation may occur only on Thursday and Sunday
and shall not occur betwccn 10:00 a.m. and 1:00 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
1 : 11 4.11
p.m.; and
Shall not occur between 10:00 a.m. and 1:00 p.m.; and
. • : •- . - . . - - .. - 'nch of water may be applied per irrigation zone on
(b) When Eastern Standard Time is in effect, landscape irrigation shall occur only in
accordance with the following schedule:
1. Residential landscape irrigation at odd numbered addresses or no address:
occur between 10:00 a.m. and 4:00 p.m.; and
65
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Monday, Wednesday and Saturday and shall not occur between 10:00 a.m. and
/I :00 p.m.; and
2. Residential landscape irrigation at even numbered addresses:
a. Potable or well water irrigation may occu _ . .
occur between 10:00 a.m. and 1:00 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
1 • . ..
p.m.; and
3. Nonresidential landscape irrigation may occur only on Tuesday and shall not
occur between 10:00 a.m. and 1:00 p.m.; and
. . . . - - - - - . - .. . - ... . . - - _
hour per irrigation zone on each day that irrigation occurs.
(d) Level II. Level II shortage corresponds to the district's pha - • . _
herein by reference. Upon declar • : . - - - .. - . .:e by the district, and [any]
be punishable as set forth in this article.
. - vel III shortage corresponds to the district's phase III extreme water
shortage plan and all provisions therein as set forth in 1OC 21.641, F.A.C. which are
district, any landscape irrigation conducted in violation of the schedule established by the
district shall be punishable as set forth in this article.
(f) 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
district, any landscape irrigation conducted in violation of the schedule established by the
district shall be punishable as set forth in this article.
• •
(a) Excessive and unnecessary water use. Excessive, wasteful and unnecessary water use is
hereby prohibited. Excessive, wasteful and unnecessary water use include .. -• - .:
regardless of the type of water use
66
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•
of water use; and
unnecessary or which can be readily accomplished through alternative methods of
significantly less water use.
(b) Discharge of groundwater used in heating or air conditioning systems. All groundwater
(c) [Automatic systems.] All automatic landscape irrigation systems, regardless of date of
. • • : -, - . . - - • - . - • - . - - - . r devices or soil moisture sensing devices that
Seems 14 Exceptions.
_ • _. -• . - ,. .. .... - .
any time.
(134—Agrieultural uses arc exempt from the provisions of this article, as long as they follow
*the- agrieultural water conservation requirements of the district.
. . . . . . .. .. .. ..
required by law, the manufacturer, or best management practices.
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 timc of day on any day.
(g) Discharge of water from a water to air air conditioning unit or other water –dept
(h) The use of recycled water from wet detention treatment ponds for irrigation is allowed
any time provided the ponds are not augmented from any ground or off site surface water,
or public supply sources.
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of water, and except as necessary to raise the level of water to allow the pools skimmer to
The city hereby finds and declares that a violation of this article presents a serious threat -the
public health, safety, and welfare and is irreparable or irreversible in nature. No violation of this
in accordance with any of the enforcement methods prescribed in this Code. Penalties for
by the city council.
Scc. 1 9 9 6. r' nforcenl'cnt.
(a) Each employee with designated code enforcement authority, in connection with his /her
duties imposed by law, and arc hereby authorized to enforce the provisions of this article, shall
have the power to enforce violations as set fo - • • - - .. ! : • - - Edgewater.
violations of city codes and to initiate enforcement proceedings as outlined in the City of
Edgewater Code of Ordinances section 10 344 (Enforcement Procedures). • (c) The department of environmental services is hereby au - : • : : - . • -• -
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.
Scc. 19 97. Penalty.
• - . : - - -• - . • - g any provisions of this article shall, upon conviction, be
committed the violation does not contest the citation, a civil penalty of less than the maximum
Enforcement Board.
Secs. 19 98 19 100. Reserved.
' ...
• . ' .. • ..' .. ! .. • • ..' • • _' .. • ..' ...' ..
AREA
1 i
There is hereby created under authority of F.S. § 180.02 an ar defined as the "City of
Edgewater and Wastewater Service Area" for the purpose of delivering to that area water and
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• - _ • - . - • . • . cr Service Area shall include the described property in
Volusia County, attached hereto as exhibit "A ", and by reference incorporated herein as if fully • . 1 1 . _ . .. . • • •• • .
limits f the city, as amended from time to time.
• : - - : • - . - - _ . _ - ice Area includes any area within the city limits of any other
incorporated municipality.
. 1 1 . • .
The legal description by metes and bounds of the land in Volusia County, Florida, included
clerk and available for inspection and copying.
• 1 . . r. • .... . . • . • .. • . • . _ .. .
Whenever reference is made in this article to the Greater Edgewater City Service Arca, such
. • • ' 1 . • . • . • . • . • (a) To the full extcnt permittcd by law, all buildings and structures which are located or
Wastewater Service Area.
when it is located anywhere in a public right of way or easement adjoining the property. A water
main or gravity sanitary sewer 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 s :: .. - - - -
systems as set forth in this article.
(c) If a watcr main is adjacent or available to a property, and a building or structure located on
experiences a dry well condition or a permit is requested from the Volusia County Health
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Health Department or other appropriate authority for a septic tank or drainficld replacement.
i• • .
• ' . '. _... •
Secs. 19 111 19 122. Reserved.
. • • • •• . . • •• •
voluntary basis except that existing irrigation meter - . : • - . - - - • • - • • water system and reconnected to the reclaimed water system when reclaimed water becomes
available.
(b) Lots or parcels developed after February 7, 199 may connect to the reclaimed water
(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
. ' _ • . . • . • • • •• • • •
(a) Use of reclaimed watcr shall -- • - - _ - - - • - - • • • • , - - ,
- -- - • - , - - . - . s, highway medians and rights of way or other uses
specifically approved by the director and allowed by FDEP.
(b) Since reclaimed water has not received the higher degree of tr tment required for potable
water, reclaimed water shall not be used:
(2) For drinking or cooking purposes.
(3 For flushing commodes in private homes.
(II) 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.
g to another water service.
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(c) Reclaimed water shall not be applied to areas within one hundred (100) feet of any public
waters.
(c) Reclaimed water may be used for flushing commodes in industrial and commercial
buildings, motels, hotels, condominiums and apartment buildings where the occupant does not
(f) Edible crops that will be peeled, skinned or cooked may receive direct contact with
reclaimed . .,to
. ' . • . ! .. . , - - - - .1.1 • •• . • . e land development code, shall install reclaimed water distribution
- -- - • • - • - - : - : artmcnt for approval. The plans and calculations
- • - . - he developer and acceptance by the utilities department, the reclaimed
. .. • : -• - 11 become the property of the city.
•
and utility easements. - -
. ' :: - . . • • - , alter, connect to without the city's approval, operate the valves
(b) The city may discontinue reclaimed water service to any customer for tampering with any
be detrimental to the system.
- - -- - . - • .. and biennially thereafter to determine the existence -ef
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
• - . ' - • - --• • . - • . . - _ e unds for immediate discontinuance of •
the reclaimed water service by the city to the subject premises.
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•
director a reduced pressure zone backflow preventi e - : - • - . - . • - - .
connection to the reclaimed water system. A backflow preventi: - : - • - . . • :: •
potable water supply by a certified technician at the expense of the customer prior to connection
check valve that can be field tested for proper operation as a means of protecting the city's
..- • ' ...- ..- • -- • - --.. -- _ - . • • .-
(c) Any commercial /industrial building or hotel, motel, condominium or apartment building
. . • . • - .. - 'th the degree of hazard associated with their business as
determined by the director.
(d) Installation, operation, maintenance and annual inspections of backflow prevention devices
shall-be in accordance with this article.
multifamily residential customers where in ground lines are required.
using approved plumbing devices to prevent br akage at the connection point. Where
line from the potable water or sewage collection line. If a three foot separation cannot bc
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. The
reclaimed water line is encased in concrete.
(2) For above ground irrigation lines, a "quick disconnect" device shall be installed in the
shall be installed:
(f) Performance of the irrigation system will bc contingent upon the flow and prey
provided by the city reclaimed water supply pipe. The customer is responsible for sizing and
zoning irrigation liens to achieve maximum efficiency-of-the-system,
(g) Special "quick disconnect" hose connections will be provided by the environmental services
hose bibs.
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the city shall be identified by celer er per rancft labeling. All pipes shall be purple er " ti all be
marked with adhesive backed tape attached to the pipe. •
. • . 1 ' . . . • . . • . • . .. • , • . , . . . . • .
Application for connection to the reclaimed water system shall be made to the utilities
b resolution of the city council shall accompany the application.
1 . •.. •• • , •
(a) A monthly residential customer charge shall be established by resolution of the city council.
(b) A residential reclaimed water connection fee shall be established by resolution of the city
council for installations of one inch or less. Actual costs will be charged for reclaimed water
connection and potable water backflow prevention devices on installations lager than one inch.
Commercial rates will be negotiated on an individual basis.
(c) There will be no charge for discontinuance of reclaimed water service, however, such
reuse charge being applied to the bill. No partial monthly billings will be done.
- • - • - . . • : - 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
inspection by the city. If the request for service re- - •• : • : - •- - . •
. • . . . • • ... • .:le rules or regulations, service shall not be reconnected until the
- - - - • .. - - . • es receives adequate assurance that the previous violation will
not reoccur.
(e) To encourage arly commencement of reclaimed water reuse service by
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. • 1 . • • •• . . • . • . . • • •
•
Bills for the monthly charge for the reclaimed water service shall be tendered as part of the
monthly utility and refuse bill. Therefore, all delinquent bills shall be subject to the provisions of
this chapter.
Secs. 19 132 19 140. Reserved.
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Exhibit "B"
RESTATING
Chapter 19
(Utilities and Services)
ARTICLE I.
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.
ER U means Equivalent Residential Unit.
F.A.C. means Florida Administrative Code.
FOG means Fats, oils and Grease
FDEP means Florida Department of Environmental Protection.
GT means Grease Trap
IWDP means industrial wastewater discharge permit.
1 means liter.
Mg means milligrams.
MGD means million gallons per day.
m g /l means milligrams per liter.
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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.
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.
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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.
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.
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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.
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.
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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. 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 enters into a contract with the owner's tenant the account will
revert back to the property owner once the tenant or city terminates the tenant's account. 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 as a new tenant establishes an account.
(b) The city shall 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 ten dollars ($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 thirty -six (36)
successive months of good credit. Good credit shall be defined as no service shutoff and no
penalty for late payment during any successive thirty -six 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 ten dollars ($10.00).
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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 may place liens for all unpaid base bills, not to include
consumption when the account is in the tenant's name, all as set forth below. For purposes of
this section, the term "base bill" means charges for adopted minimum water, sewer, reclaimed
water, refuse, recycling and stormwater and will include utility tax.
If the fees, rates or charges for the utilities and services provided for the 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 su•ervision of the cit . An Berson makin? a connection without such consent of the cit
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 twenty (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 thirty (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 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
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other than normal working hours. No service will be discontinued for a delinquent bill of less
than fifty dollars ($50.00). The utility fees are part of a consolidated statement for utility
customers 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.
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 Tthe tenant or property owner, as agreed pursuant to the terms of the lease, of the »�roperty
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 the
customer to hire a private plumbing contractor to clear the obstruction. The cost of a private
plumbing contractor is solely the customer's 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 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 pays 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.
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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 (5/8" x 3/4 ") 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 es uivalent 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.
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
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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 ninety (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.
(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.
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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*. 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 provid co nnections city's rig -o -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
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the city shall not issue a certificate of occupancy for any new building as long as any of the
violations listed herein remain uncorrected.
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 citv, 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
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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.
(1) The water system shall be considered as made up of two (2) 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
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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 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
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been manufactured in full conformance with the standards established by the
American Water Works Association entitled: "AWWA C506 -69. Standards for
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.
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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.
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 -261 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.
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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, 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 one hundred (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 ninety
(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
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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. Connection charge.
Any wastewater connection to the city wastewater system shall be charged a minimum fee 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. 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. Acts or deposits of substances which impair, obstruct wastewater flow
prohibited.
(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) Fats, Oils and Grease (FOG).
(1) Customers involved in the preparation of food for commercial, condominiums
and /or food processing purposes shall provide grease interceptors or traps. Grease,
oil and sand interceptors or traps shall be provided by users when necessary as
determined by the director or designee for the proper handling of liquid wastes
containing grease, sand or other harmful ingredients.
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(2) All interceptors or traps shall be of a type and capacity as approved by the
building official and/or director or designee prior to installing and shall be located
so as to be readily and easily accessible for routine cleaning and inspection. Such
traps shall be constructed of impervious materials capable of withstanding abrupt
and extreme changes in temperature and shall be of substantial construction, gas
tight, water tight and equipped with easily removable covers.
(3) All grease, oil and sand interceptors or traps shall be maintained by the user at his
expense and in continuously efficient operation.
(4) Approval of the proposed /existing facilities or equipment by the city does not in
any way, guarantee that facilities or equipment will function in the manner
described by their constructor or manufacturer; nor shall it relieve a person,
facility, firm or corporation of the responsibility of enlarging or otherwise
modifying such facilities to accomplish the intended purpose.
(c) Grease Trap Connection and Capacity Requirements
(1) All new or remodeled restaurants, condominiums and food processing customers
shall have a segregated system of waste piping. Waste piping from kitchens and
food service areas shall be separated from waste piping from restrooms.
(2) Any existing customer shall meet compliance standards through cleanout,
remediation, etc. The following fixtures shall discharge to a grease trap.
a. Three (3) compartment sinks or larger.
b. Mop Sink
c. Floor Drains
d Dishwasher
e. Hub drains
£ Open Receptacles
(3) A clean out and test port shall be present on the effluent (downstream) side of the
grease trap.
(d) Sizing Criteria for Outdoor Grease Traps. (GT).
(1) New installations shall be a minimum 1,000 gallon capacity.
(2) Toilets, urinals, and other similar fixtures shall not waste through the GT.
(3) Discharge lines from ice makers and walk -in coolers and freezers may be
connected to the GT at the plumber's discretion.
(4) Garbage disposals and vegetable prep sinks shall not waste through the GT.
(5) All waste shall enter the GT through the inlet pipe only.
(6) Each GT shall be so installed and connected that it shall at all times be easily
accessible for inspection, cleaning and removal of the intercepted grease.
Location of the GT shall meet the approval of the director or designee.
(7) The final compartment of GT, at a minimum, shall have a properly functioning
elbow or baffle which extends to within 12 inches from the bottom of the GT
compartment.
(e) Grease Trap Maintenance and Inspection
(1) Each GT shall include a monitoring manhole or cleanout that is installed
immediately downstream from the interceptor and is easily accessible for
inspection.
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(2) Any repairs needed to a GT shall be performed within fourteen (14) days. Failure
to make required repairs shall be subject to fines as outlined by resolution of the
city council
(3) The customer shall perform pumping or bioremediations as often as necessary for
compliance with the FOG requirements of this section.
(4) All customers shall service their GT by pumping, cleaning and backwash as often
as necessary for compliance with this section. Thorough cleaning of the GT shall
include the removal of grease and scum from the inner walls and baffles and
complete removal of sediment from the bottom of the GT.
(5) A Grease Hauler Manifest Form shall be obtained by the customer and made
available for review by the city each time contents are disposed unless the
customer operates and maintains an industrial pretreatment system as approved by
the city and in compliance with Article IV.
(f) Compliance, Notices and Fees.
(1) City, Florida Department of Health and building inspection officials and any other
county, state or federal officials shall have a right of entry to any premises in
which wastewater discharges from the facility is located or in which any
discharge records are located. The customer shall provide access to authorized
officials to review and copy any data pertaining to wastewater discharges, inspect
any monitoring equipment or method and sample any discharges to the city's
wastewater system from the facility.
(2) Facility GT inspected by the city and found in violation of this section shall have
fourteen (14) days to come into compliance. Any violations occurring after this
time period shall be subject to fines as outlined by resolution of the city council.
(g) FOG Limitations.
(1) No customer shall have an average FOG concentrations greater than 140 mg /1
over a 12 month period.
(2) Customers failing to meet the requirement of (g)(1) shall be fined as outlined by
resolution of the city council.
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 • uilt of a misdemeanor and shall be • unished 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
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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 Im . rove the o • . ortunit to rec cle and reclaim wastewaters and slud • e 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 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 (5) per cent or any single reading over ten (10) per cent 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
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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 propert y capable of causindamage 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 as .licable to the slud . e mana_ement method bein. 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.
(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 forty (40) degrees Celsius (one hundred four (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
fifteen (15) minutes more than five (5) times the average twenty- four -hour concentration,
quantities or flow during normal operation.
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(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 sixty (60) degrees Celsius
(one hundred forty (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 one hundred (100) parts per million by weight or which may solidify or
become viscous at temperatures between 4.5 degrees Celsius (forty (40) degrees Fahrenheit) and
65.5 degrees Celsius (one hundred fifty (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
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
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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.
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.
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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 ninety -five (95) per cent 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 /1 arsenic
1.00 mg /1 barium
0.005 mg /1 beryllium
250 mg /1 BOD
1.00 mg /1 boron
0.23 mg /1 cadmium
10.0 mg /1 chromium, total
0.76 mg /1 copper
1.0 mg /1 cyanide
5.00 mg /1 iron
35.0 mg /1 Kjeldahl nitrogen
0.66 mg /1 lead
1.00 mg /1 manganese
0.0001 mg /1 mercury
0.22 mg /1 molybdenum
1.0 mg /1 nickel
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50.0 mg /1 oil and grease
10.0 mg /1 total phosphoms [phosphorus]
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 /1 chromium (hexavalent)
4.0 mg /1 zinc
1.00 mg /1 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 thecity: 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.
Sec. 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
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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 . artial or com . lete substitute for ade • uate treatment to achieve com . liance 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.
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 one hundred eighty (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 (5) 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:
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(1) Fees for reimbursement of costs of setting up and operating the city's pretreatment
pro rg am.
(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.
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 one hundred eighty (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 62 -625 F.S. shall, within thirty (30) days of such
notification, apply for a wastewater discharge permit. Proposed new users shall apply at least
ninety (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(g) 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.
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(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
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 (9)
months.
c. Not later than fourteen (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 technolo • or construction of a s .ro •riate containment
devices, etc., designed to reduce, eliminate or prevent the introduction of
pollutants into the WWTP.
(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.
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(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
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 .rohibit 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 one hundred eighty (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 one hundred eighty (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- 53(j).
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(11) 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
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
•retreatment standards. Such authorit 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 (5) 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 one hundred eighty (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 thirty (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 ninety (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.
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(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 report indicating the nature and concentration ofpollutants 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 .roduction and mass where re . uested b the cit 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(g) 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 one hundred eighty (180) days after the effective date of a
categorical pretreatment standard, or one hundred eighty (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 WWTP, 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.
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(2) New users. At least ninety (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 a. through 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
sources shall give estimates of the information requested in subparagraphs
(c)(2)d. and (c)(2)e.
a. Identifying 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 .roduction 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.
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4. The industrial user shall take a minimum of one representative sample to
compile the data necessary to comply with these requirements.
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
De. artment of Environmental Re ! ulation Standard O. eratin . 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
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schedule shall be submitted by the industrial user to the control authority
within sixty (60) days after the modified limit is approved.
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 (9) months.
5. Within fourteen (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 ninety (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 WWTP,
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.
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
sub.ara.ra.h c 2 d. exce.t that the control authorit shall re.uire 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
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subsection (c) shall indicate the mass of pollutants regulated by
pretreatment standards in the discharge from the industrial user.
(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 WWTP immediately of all discharges that could cause problems to the
WWTP, 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 twenty -four (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 thirty (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
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control authority, using the procedures required by sub - subparagraph
(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 (3) 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 waste under chapter 62 -730, F.A.C. Such notification shall
include the name of the hazardous waste, the EPA hazardous waste
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number, and the type of discharge (continuous, batch, or other). If the
industrial user discharges more than one hundred (100) kilograms
(100kg /L) of such waste per calendar month to the WWTP, 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 twelve (12) months.
Industrial users who commence discharging after the effective date of this
chapter shall provide the notification no later than one hundred eighty
(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 fifteen (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 ninety (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
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of the user. Whether constructed on • ublic or • rivate • ro s ert the sam • lin. and monitorin.
facilities shall be provided in accordance with the city's requirements and all applicable local
construction standards and specifications. Construction shall be completed within ninety (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 ri.ht to set u• on the user's • ro•ert such devices as are necessar 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 thepurposes 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 WWTP 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 twenty -four (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 thirty (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
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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 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 twelve J12) previous months. The notification shall also
summarize any enforcement actions taken against the user(s) during the same twelve (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 fifteen (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.
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(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.
(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 thirty (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 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 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.
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ARTICLE V.
SOLID WASTE DISPOSAL
DIVISION 1.
GENERALLY
Sec. 19 -60. Refuse utility fees.
(a) All bills for refuse utility fees shall be incorporated into the consolidated statement and
shall be payable in accordance with section 19 -7. The refuse utility fee shall become effective
upon the availability of service to the improved parcel. In the event of annexation of an existing
building, service will be effective upon discontinuance of service by the County of Volusia.
Provided, however, that as to new construction, refuse 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. 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 charged as a single residence or
as a business or commercial customer, as determined by the city.
Sec. 19 -61. Garbage and trash containers required.
The occu 'ants of each residence multi • le dwellin • , business or commercial enterprise and
trailer park are required to provide garbage cans and trash containers to sufficiently hold the
accumulation of garbage and trash from each such residence, multiple dwelling, business or
commercial establishment or trailer park between the times said garbage and trash is collected.
Such cans shall have a maximum capacity of 20 gallons; have a tight fitting cover and handles on
the sides by which it may be lifted.
Sec. 19 - 62. Wrapping and preparation of garbage; keeping covered.
All wet garbage matter shall be wrapped in paper or plastic before being placed in garbage cans.
Tin cans, bottles and other containers shall be first drained of all liquids prior to being placed in
garbage cans or recycling containers. 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 hazardous and should be handled with caution. All garbage cans 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.
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Sec. 19 -63. Preparation of trash.
(a) Leaves, grass clippings, branches and other landscaping maintenance debris must be
separately bagged or contained in the required trash containers, and shall not be blown, swept or
placed into public or private roadways, swales or adjacent properties. 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 trash shall be stacked in piles not to exceed four (4) feet in height, four (4)
feet in width, and four (4) feet in length.
(c) No 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 trash, and a reasonable charge for
such service shall be determined by the city as established by resolution by the city council.
(d) Trash which is not prepared as required herein will not be picked up and will be a
violation of this division.
Sec. 19 -64. Location of containers.
Garbage and trash containers when not in use shall be kept away from the front of any building
or premises. No garbage or trash container shall be kept or maintained upon or adjacent to any
street, sidewalk, parkway or front yard and shall not be placed within five (5) feet of any
property line. No garbage can or trash 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. Garbage and trash containers may be placed in front of the building or premises the
evening before the scheduled pick -up service. All garbage and trash containers shall be removed
from the front of any building or premises receiving garbage and trash pick -up not later than
11:00 p.m. of the day of the scheduled pick -up.
Sec. 19 -65. Inspection of garbage cans and trash containers, condemnation.
All garbage cans and trash containers shall be subject to the approval and condemnation of the
garbage and trash collectors of the city. No appeal for such condemnation shall be possible
except to the Citizens Code Enforcement Board.
Sec. 19 -66. 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 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, bricks and
all other materials used by contractors in the course of building and /or alterations.
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Sec. 19 -67. 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.
(c) Exemptions from this section shall include the following.
1. Landscape maintenance contractors hauling trash to a permitted landfill or
transfer station.
2. Private residents hauling trash or construction debris to a permitted landfill or
transfer station.
3. Permitted and licensed solid waste contractors providing solid waste service to
businesses or transporting solid waste through the city in order to get to a
permitted landfill or transfer station.
4. Any organization or business that has an agreement, contract or franchise with the
City to transport solid waste.
Secs. 19 -68 -- 19 -73. Reserved.
DIVISION 2.
RECYCLABLE MATERIALS
Sec. 19 -74. Unauthorized collection of recycling containers or recyclable materials.
a Prohibited. No Berson 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 shall be 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
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street, sidewalk, parkway or front yard and shall not be placed within five (5) 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 the evening before the
scheduled pick -up service. All recycling containers shall be removed from the front of any
building or premises not later than 11:00 p.m. of the day of the scheduled pick -up.
Secs. 19 -76 -- 19 -79. Reserved.
ARTICLE VI.
STORMWATER UTILITY
Sec. 19 -80. Stormwater Utility.
Pursuant to the home rule power of article VIII, 2(b), Florida Constitution; chapter 166, Florida
Statutes; and F.S. section 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 -81. 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 non - residential units on . reviousl undevelo . ed . ro • ert will • enerall increase
the volume and rate of stormwater runoff, and adversely affect its water quality.
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(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. 19 -82. 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 non - residential.
Sec. 19 -83. Same -- Schedule.
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 non - residential 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) Cha 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.
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Sec. 19 -84. Equivalent drainage unit calculation.
The e • uation for calculatin . the number of EDU's a • • licable to an • ro • ert 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 -85. 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
and fees; thereafter any adjustment to the impervious area shall apply only from the date of the
request for the adjustment.
Sec. 19 -86. 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.
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(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 -87. Stormwater utility fee collection.
All bills for stormwater utility fees shall be incorporated into the consolidated statement and
shall be payable in accordance with section 19 -7. The stormwater utility fees shall become
effective when an account is activated. However, as to new construction, fifty - percent (50 %) of
the minimum bill as established by resolution of the City Council shall be imposed when the
account is open and remaining applicable fees added upon the issuance of the certificate of
occupancy (CO).
Sec. 19-88. 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. 19-89. 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.
(c) Any person determined by the cit to be res.onsible for a discharge contributin_ 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.
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(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 city's MS4 or to waters of the United States which is in
violation of federal, state or local permits or regulations constitutes an illicit
discharge.
(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
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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) Land scape a nd 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;
(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;
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(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.
fk) Enforcement, Penalties and Legal Proceedings.
(1) 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:
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
• ersons res . onsible for the violation and the ci ma record a lien a. ainst 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.
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(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 CONSERVATION STANDARDS
Sec. 19-90. 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.
Sec. 19-91. 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
(5) 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.
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(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 .etition for variance shall be a. .roved unless the Ietitioner affirmativel
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 accom.lished•
(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 (2) days per week during Daylight Savings Time or more than one (1)
day per week during Eastern Standard Time.
Sec. 19 -91. 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 -92. 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
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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 AM and 4:00 PM; 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 AM and 4:00 PM;
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 AM and 4:00 PM; 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 AM and 4:00
PM; and
Non - residential landscape irrigation may occur only on Tuesday and Friday and shall not occur
between 10:00 AM and 4:00 PM; 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 (1) 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 AM and 4:00 PM; 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 AM and
4:00 PM; 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 AM and 4:00 PM; and
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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 AM and 4:00
PM; and
Non - residential landscape irrigation may occur only on Tuesday and shall not occur between
10:00 AM and 4:00 PM; 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 (1) 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 II. 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 irrigation conducted in violation of the schedule established by the District shall
be punishable as set forth in this Article.
Sec. 19 -93. 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.
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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. 19-94. 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 thirty (30)
days and every other day for the next thirty (30) days for a total of one sixty (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 twenty -four (24) hours of application. Watering in of
chemicals shall not exceed 1 /4 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 twenty (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 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.
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(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 -95. 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. 19-96. 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. 19-97. Penalty.
An serson firm or co .oration violatin• an .rovisions of this article shall u.on 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.
Secs. 19 -98 -- 19- 100.Reserved.
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ARTICLE VIII.
GREATER EDGEWATER WATER, WASTEWATER AND RECLAIMED WATER
SERVICE AREA
Sec. 19 -101. Creation; purpose.
There is hereby created under authority of F.S. section 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 -102. 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.
Sec. 19 -103. Extension from corporate limits.
The Greater Edgewater Water, Wastewater and Reclaimed Water Service Area shall not extend
for more than five (5) miles from the corporate limits from the city, as amended from time to
time.
Sec. 19 -104. 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 -105. 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.
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(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 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. If a
gravity wastewater is adjacent or available to a property, and a building or structure located on
that property is connected to a septic tank system, then that building or structure will be required
to be connected to the City of Edgewater's wastewater system when the septic tank fails or a
permit is requested from the Volusia County Health Department or other appropriate authority
for a septic tank or drain field replacement.
Secs. 19 -108 - -19 -110. Reserved.
ARTICLE IX.
RESERVED
Secs. 19 -111 -- 19 -122. Reserved.
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 fifty (50) feet of
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any property line of the lot and can be accessed by a service line through public right -of -way or a
recorded utility 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 one hundred (100) feet of any public
eating, drinking or bathing facility unless low trajectory, non - aerosol nozzles are used.
(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 ciy, the reclaimed water
distribution system shall become the property of the city.
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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
b the a • • licant in con'unction with the a • • lication for reclaimed water. Refusin • to • ermit such
an inspection shall be grounds for immediate discontinuance of the reclaimed water service by
the city to the subject premises.
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.
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(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 (3) 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 eighteen (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 to be
dedicated to the city shall be identified by color and permanent labeling. All
pipes shall be purple or shall be marked with adhesive backed tape attached to
the pipe.
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.
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.
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(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.
Secs. 19- 131 -19 -140. Reserved.
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EXHIBIT "A"
GREATER EDGEWATER WATER, WASTEWATER AND RECLAIMED WATER
SERVICE AREA
CITY OF EDGEWATER ■ ' Nl i
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UTILITY SERVICE AREA °'�,1 e
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1104
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11111111e ' 137
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