2004-O-07
.
~
.....
,...,
..
,
ORDINANCE NO. 2004-0-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEW ATER, FLORIDA; MODIFYING CHAPTER 19
(UTILITIES AND SERVICES) OF THE CODE OF
ORDINANCES, CITY OF EDGEWATER, FLORIDA;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
CODIFICATION, AN EFFECTIVE DATE AND FOR
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Chapter 19 (Utilities and Services) has not been modified in its entirety since 1983.
2. Based on discussion during the February 9,2004 City Council meeting and Council's
request, Staffhas modified Chapter 19 to be consistent with our current utility operating procedures,
policies and codes.
NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edge water, Florida:
PART A.
MODIFY CHAPTER 19 (UTILITIES AND SERVICES) OF THE CODE OF
ORDINANCES, CITY OF EDGEW ATER, FLORIDA.
Chapter 19 (Utilities and Services) of the Code of Ordinances is hereby amended to
read as follows:
CHAPTER 19 (UTILITIES AND SERVICES)
ARTICLE I. IN GENERAL.
Sec. 19-1.
Definitions.
Abatement means any action taken to remedy. correct or eliminate a condition within. associated
with. or impacting a drainage system.
StI UGk tin otlgh passages are deleted.
Underlined passages are added.
2004-0-07
1
"l
...
....,
Abbreviations: The following abbreviations shall have the designated meanings:
BOD - Biochemical oxygen demand.
CFR - Code of Federal Regulations.
COD - Chemical oxygen demand
CWA - Clean Water Act
CWF - Combined wastestream formula
DOH - Department of Health.
EP A - Environmental Protection Agency.
F.A. C. - Florida Administrative Code.
FDEP - Florida Department of Environmental Protection.
IWDP - Industrial wastewater discharge permit
1 - Liter.
Mf! - Milligrams
mf!/l - Milligrams per liter.
NPDES - National Pollutant Discharge Elimination System.
RCRA - Resource Conservation and Recovery Act. 42 U.S.c. 6901. et seq.
SIC - Standard Industrial Classification.
SIV - Significant industrial user.
SNC - Significant noncompliance.
SWDA - Solid Waste Disposal Act 42 U.S.c. 6901 et seq.
TSS - Total suspended solids.
TTO - Total toxic organics.
u.s. C. - United States Code.
WWF - Wastewater facility.
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.
Af!ricultural use means the use of land in horticultural. floriculture. viticulture. forestrv. dairy.
livestock. poultry. beekeeping. pisciculture and all forms of farm products and farm production.
Approval authoritv means the administrator of the EP A. DOH. FDEP or other regulatory agency.
"Approved"means accepted by the department as meeting an applicable specification stated or cited
in section 19-25 (Cross Connection). or as suitable for the proposed use. and appearing in the latest
list of approved assemblies as published by the University of Southern California Foundation for
Shtick tmongh passages are deleted.
Underlined passages are added.
2004-0-07
2
...,
.....,
, .
Cross Connection and Hydraulic Research.
Authorized representative of industrial user. An authorized representative of an industrial user mav
be:
ill A principal executive officer of at least the level of vice-president. if the industrial
user is a corporation.
ill A general partner or proprietor ifthe industrial user is a partnership or proprietorship,
respectively.
ill A duly authorized representative of the individual designated above if such
representative is responsible for the overall operation ofthe facilities from which the
indirect discharge originates.
ill 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 svstem means anv irrigation method or system with a timing device that controls the
periods of operation.
"Auxiliarv water supplv" means any water supplv on or available to the premises other than the
purvevor's approved public potable water supplv. These auxiliary waters may include water from
another purvevor' s public potable water supplv or anv natural source( s) such as a welL spring, river,
stream, harbor, etc., or "used waters" or "industrial fluids." These waters mav be polluted or
contaminated or thev mav be obiectionable and constitute an unacceptable water source over which
the water purveyor does not have sanitary control.
"Backflow" means the flow of water or other liquids, mixtures or substances into the distributing
pipes of a potable water supplv svstem from any source other than its intended source caused bv the
sudden reduction of pressure in the potable water supplv svstem.
"Backflow preventer" or "backflow prevention device" means an approved device or means
designed to prevent backflow or back-siphonage to prevent the backflow ofharmful substances into
the citv's potable water supplv.
a. Air-f?ap means the unobstructed vertical distance through the free atmosphere
between the lowest opening from anv pipe or faucet supplying water to a tank,
plumbing fixture, or other device and the flood level rim of said vessel. An approved
air-gap shall be at least double the diameter of the supplvpipe, measured verticallv,
above the top of the rim of the vessel; and, in no case less than one inch. When an
air-gap is used at the service connection to prevent the contamination or pollution of
the public potable water svstem, an emergencv bypass shall be installed around the
air-gap svstem and an approved reduced pressure principle device shall be installed
in the bvoass svstem.
b. Reduced pressure principle device means an assemblv of two (2) independently
operating ap{Jroved check valves with an automaticallv operating differential relief
S 11 tIck tm 0 ngh passages are deleted.
Underlined passages are added.
2004-0-07
3
, }
.,
W'
...."
valve between the two (2) check valves. tightly closing shut-off valves on either side
of the check valves. plus properly located test cocks for the testing ofthe check and
relief valves. The entire assembly shall meet the design and performance
specifications and approval of a recognized and city aPlJroved testing agency for
backflow prevention assemblies. The device shall operate to maintain the pressures
in the zone between the two (2) check valves at a level less than the pressure on the
public water supply side of the device. At cessation of normal flow. the pressure
between the two (2) check valves shall be less than the pressure on the public water
supply side of the device. In case of leakage of either of the check valves the
differential relief valve shall operate to maintain the reduced pressure in the zone
between the check valves by discharging to the atmosphere. When the inlet pressure
is two (2) pounds per square inch or less. the relief valve shall open to the
atmosphere. When the inlet pressure is two (2) 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 testing and be installed in a location
where no part of the device shall be submerged.
f.:. Double check valve assemblv means an assembly of two (2) independently operating
approved check valves with tightly closing shut-off valves on each side ofthe check
valves. plus properly located test cocks for the testing of each check valve. The
entire assembly shall meet the design and performance specifications and approval
of a recognized and city approved testing agency for backflow prevention devices.
To be approved these devices must be readily accessible for in-line maintenance and
testing.
Backflow orevention device means the device approved by the city's department of environmental
services which prevents the backflow of any harmful substance into the city's potable water supply.
"Back-siohonaf!e" means the flow of water or other liquids. mixtures or substances into the
distributing pipes of a potable water supply system from any source other than its intended source
caused by a negative pressure in the public potable water supply system.
Base rate means that portion of the stormwater management fee which comprises stormwater
services relative to publiclv common impervious surfaces including roads. streets. and bridges.
Beneficiaries of drainaf!e service shall include all developed real properties within the citv which
benefit by the provision of maintenance. operation and improvement of the stormwater control
svstem. Such benefits may include. but are not limited to. the provision of adequate svstems of
collection. convevance. detention. treatment and release of stormwater. the reduction of hazard to
propertv and life resulting from stormwater runoff. improvement in the general health and welfare
through reduction of undesirable stormwater conditions and improvement to the water quality in the
StInck thtongh passages are deleted.
Underlined passages are added.
2004-0-07
4
. .
.
.
--
..""
storm and surface water system and its receiving waters.
Biochemical OXVf!en demand or BOD means the quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure. five days at 20 degrees Celsius
expressed in terms of weight and concentration (milligrams per liter - mg/I).
Buildinf! drain: 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.
Buildinf! 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.
Catef!orical standards: National Categorical Pretreatment Standards or Pretreatment Standard.
ChemicaloXVf!en demand or COD means a measure ofthe oxygen required to oxidize organic matter
and oxidizable inorganic compounds in water.
Citv means the city of Edgewater.
City Councilor "Council" means the duly elected officials of the City of Edgewater.
Citv manaf!er means the person designated by the city council to administer all city activities.
Combined wastestream formula or CWF means a procedure for calculating alternative discharge
limits at industrial facilities where a regulated wastestream from a categorical industrial user is
combined with other waste streams prior to treatment or discharge as provided for in Rule 62-
625.410(6). F.A.C.
Contamination means an impairment ofthe quality ofthe potable water by sewage. industrial fluids
or waste liquids. compounds or other materials to a degree which creates an actual hazard to the
public health through poisoning or through the spread of disease.
Contributinf! runoff means the area of a parcel from which stormwater will result in runoff. For the
citv. the contributing runoff of each parcel is estimated as one hundred (100) percent of the square
feet of impervious surface located on the parcel.
Contribution rate means that portion of the stormwater management fee reflective of a particular
StltlGk th1:otlgh passages are deleted.
Underlined passages are added.
2004-0-07
5
, ,
"
~
...,
#
parcel's individual contribution to runoff.
Contributors of stormwater shall include all developed real properties within the city.
Coolinf! water means:
ill Uncontaminated. Water used for cooling purposes onlv which has no direct contact
with any raw material. intermediate or final product and which does not contain a
level of contaminants detectably higher than that of the city's potable water except
for heat.
ill Contaminated. Water used for cooling purposes which may become contaminated
either through the use of water treatment chemicals used a corrosion inhibitors or
biocides, or by direct contact with process materials and/or wastewater.
Control authoritv refers to the "approval authority", defined hereinabove; or the director of
environmental services if the city has an approved pretreatment program under the provisions of
Rule 62-625.510, F.A.C.
ConventionallJollutant 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 treat
and, in fact. does remove to a substantial degree.
Countv means the county of V olusia.
Cross-connection means any physical connection or arrangement of piping or fixtures between two
(2) otherwise separate piping systems one of which contains potable water and the other nonpotable
water or industrial fluids of questionable safety, through which, or because of which, backflow or
back-siphonage may occur into the potable water system. A water service connection between a
public potable water distribution system and a customer's water distribution system is cross-
connected to a contaminated fixture, industrial fluid system or with a potentially contaminated
supply or auxiliary water system, constitutes one type of cross-connection. Other types of cross-
connections include connectors such as swing connections, removable sections, four-way plug
valves, spools. dummy sections of pipe, swivel or change-over devices. sliding multiport tube. solid
connections, etc.
Cross-connections, controlled means a connection between a potable water system and a nonpotable
water system with an approved backflow prevention device properly installed that will continuously
afford the protection commensurate with the degree of hazard.
Cross-connection, control bv containment means the installation of an approved backflow prevention
device at the water service connection to any customer's premises where it is physically and
StltlGk tlnongh passages are deleted.
Underlined passages are added.
2004-0-07
6
. )
.
.
OW'
.."",
economically infeasible to find and permanently eliminate or control all actual or potential cross-
connections within the customer's water system; or. it shall mean the installation of an approved
backflow prevention device on the service line leading to and supplying a portion 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-connection.
Customer means the actual user. potential user or beneficiary of the water. sewer. reclaimed water.
stormwater or refuse services provided by the city.
Department means the environmental services department which includes the following divisions:
water. sewer. field operations. wastewater collections. stormwater and refuse.
Developed propertv means any property altered in appearance by removal of vegetation. grading of
the ground surface and construction of a structure or impervious surface.
Dilute wastestream. for purposes of the combined wastestream formula. means the average daily
flow (at least 3D-day average) from:
ill Boiler blowdown streams. noncontact cooling streams. and demineralized backwash
streams (provided. however. that where such streams 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 ofthat 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);
ill Sanitary wastestreams where such streams are not regulated by a categorical
pretreatment standard; or
ill Any wastestreams in which:
ill The pollutants of concern are not detectable in the effluent from the industrial
user;
ill The pollutants of concern are present only in trace amounts and are neither
causing nor likely to cause toxic effects;
ifl The pollutants of concern are present in amounts too small to be effectivelv
reduced by current technologies; or
@ The wastestream contains onlv pollutants which are compatible with the
WWF.
Direct discharrze means the discharge oftreated or untreated wastewater directlv to the waters ofthe
state.
Shtick tll10ngh passages are deleted.
Underlined passages are added.
2004-0-07
7
, )
"
'-"
."""
Director means the director of environmental services of the citv 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 bv others.
Environmental Protection Af!encv or EP A means the United States Environmental Protection
Agencv. or. where appropriate. the term mav also be used as a designation for the administrator or
other dulv authorized official of the agency.
EQuivalent drainage unit rEDU) 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 (1) parcel with that generated by another. The weighted average impervious
area is determined to be two thousand twenty-seven (2.027) square feet. and the weighted average
shall be used for the purpose of all such computations. The EDU shall be used as the basis for
computing monthly charges on residential and nonresidential properties.
Even numbered address means the house address. box number or rural route ending in the numbers
0.2.4.6.8 or the letters A-M. Post office box numbers are not included.
Floatable oil means oil. fat or grease 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 free
of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection
system.
Florida Devartment 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.
FDEP means the Florida Department of Environmental Protection.
Flush toilet means the common sanitarv flush commode in general use for the disposal of human
excrement.
Garbaf!e means everv refuse accumulation of animal. fruit or vegetable matter that attends the
preparation. use. cooking. and dealing in. or storage of meats. fish. fowl. fruits or vegetables. and
anv other matter of any nature whatsoever which is subi ect to decav with the generation of noxious
or offense gases or odors. on which during or after decay may serve as breeding or feeding material
Stltlck tlnongh passages are deleted.
Underlined passages are added.
2004-0-07
8
. ,
'-'"
"""'"
for flies or other germ-carrying insects: and any refuse accumulation of paper, wooden or paper
boxes, tin cans, bottles, or other containers, sweepings, and all other accumulations of a nature usual
to housekeeping.
Garbaf!e can means a galvanized metal or plastic can ofthe type commonly sold as "garbage cans"
of a capacitv not to exceed twentv (20) gallons, and each such can is required to have handles on the
sides bv which it may be lifted. Each can shall have a tight-fitting top or cover.
Grab samvle means a sample which is taken from a waste stream on a one-time basis with no regard
to the flow in the waste stream and without consideration of time.
"Hazard. def!ree of" means the term derived for an evaluation ofthe potential risk to public health
and the adverse effect of the hazard upon the potable water svstem.
a. Hazard. health means anv condition, device, or practice in water supply system and
its operation which could create, or in the iudgment of the department may create a
danger to the health and well-being ofthe water consumer. An example of a health
hazard is a structural defect including cross-connections, in a water supply svstem.
b. Hazard. vlumbinf! means a plumbing type cross-connection in a consumer's potable
water system that has not been properlv protected by a vacuum breaker, air-gap
separation or backflow prevention device. Unprotected plumbing type cross-
connections are considered to be a health hazard.
c. Hazard. vollutional means an actual or potential threat to the physical properties of
the water svstem or to the potability of the public or the consumer's potable water
system but which would constitute a nuisance or be aesthetically obiectionable or
could cause damage to the system or its appurtenances, but would not be dangerous
to health.
d. Hazard. svstem means an actual or potential threat of severe damage to the physical
properties ofthe 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 means the following:
ill Anv hazardous substances listed or designated pursuant to section 307(a), section
311(b)(2)(A), or section 102 of the Act.
ill Any hazardous air pollutant listed under section 112 of the Clean Air Act.
ill Any imminently hazardous chemical substance or mixture with respect to which the
administrator has taken action pursuant to section 7 ofthe Toxic Substances Control
Act or its implementing regulations (40 CFR parts 712 and 716).
ill Any substance listed as hazardous in 40 CFR parts 116, 117 or 302.
StItlGk tmotlgh passages are deleted.
Underlined passages are added.
2004-0-07
9
, \
'-'"
......,
ill Any material having the characteristics identified under or listed oursuant to section
3001 ofRCRA and listed in 40 CFR 261.
Health officer meas the State of Florida Deoartment of Health ("DOH"),
Heatinf! and air conditioninrz use means the use of water for heating. cooling. or air conditioning.
Holding tank waste means any waste from holding tanks. such as vessels. chemical toilets. camoers.
trailers. seotic tanks and vacuum-oumo tank trucks.
Hvdrolorzic response means the manner and means by which stormwater collects uoon real orooerty
and is conveyed from real orooerty. and which is a function deoendent uoon a number of interacting
factors. including. but not limited to. tooograohy. vegetation. surficial geologic conditions.
antecedent soil moisture conditions and groundwater conditions. The orincioal measures of the
hydrologic system may be stated in terms of total runoff volume. as a oercentage of total
orecioitation in the event of a storm of given duration and intensity. or statistical interval of return
( frequency).
Impervious areas mean those hard-surfaced areas which either prevent or severely restrict the entry
of water into the soil mantle. as it entered under natural conditions prior to develooment. and/or
cause water to run off the surface in greater quantities or at an increased rate of flow from that
oresent under natural conditions orior to deyelooment. Common imoervious surfaces include. but
are not limited to. rooftoos. sidewalks. walkways. oatio areas. driveways. oarking lots. storage areas
and other surfaces which similarly impact the natural infiltration or runoff patterns which existed
orior to develooment. including normal water in oonds and lakes.
Indirect discharge means the discharge or the introduction of nondomestic oollutants from any
source regulated under section 307(b) or ( c) of the Act (33 U.S.c. 1317) into the WWF (including
holding tank waste discharged into the system).
Industrial fluids svstem means any system containing a fluid or solution which may be chemically.
biologically. or otherwise contaminated or oolluted in a form or concentration such as would
constitute a health. system. oollutional or plumbing hazard if introduced into an approved water
suooly. This mav include. but not be limited to: Polluted or contaminated waters: all tvoes of
orocess waters and "used waters" originated from the oublic ootable water system which may have
deteriorated in sanitary quality: chemicals in fluid form: olating acids and alkalies: circulated cooling
waters connected to an ooen cooling tower and/or cooling towers that are chemicallv or biologically
treated or stabilized with toxic substances: contaminated natural waters such as from wells. sorings.
streams. rivers. bavs. harbors. seas. irrigation canals or svstems. etc: oils. gases. glvcerine. paraffins.
caustic and acid solutions and other liquid and gaseous fluids used in industrial or other purposes
ShtIck tlnotlgh passages are deleted.
Underlined passages are added.
2004-0-07
10
. ,
'-'"
..".;
or for fire-fighting purposes.
Industrial user means a source of indirect discharge which does not constitute a discharge of
pollutants under regulations issued pursuant to section 402 of the Act (33 US.c. 1342).
Industrial wastes means the wastewater from industrial processes as distinct from domestic or
sanitary wastes.
Industrial waste surcharf!e means the charge made in excess of the sewer service charge for all
wastewater over and above normal wastewater.
Industrial wastewater discharf!e vermit or IWDP means a permit issued by the city which authorizes
the discharge of industrial wastewater into the WWF by a significant industrial user.
Infiltration/inflow means groundwater and surface water which leaks into the sewers through cracked
pipes, ioints, 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 ofthe industrial
flow rate or the duration of the sampling event.
Interference means a discharge which, along or in coni unction with a discharge or discharges from
other sources:
ill
ill
Inhibits or disrupts the WWF, its treatment processes or operations or its sludge
processes, use or disposal: or
Causes a violation of anv requirement of any permit held by the WWF (including an
increase in the magnitude or duration of a violation) or prevents sewage sludge use
or disposal in compliance with the following statutory provisions and regulations or
permits issued thereunder (or more stringent state or local regulations): Section 405
of the Act (33 US.C 1345), SWDA, RCRA, and the state regulations contained in
any state sludge management plan prepared pursuant to title D of the SWDA the
Clean Air Act. the Toxic Substances Control Act. and the Marine Protection,
Research and Sanctuaries Act. or any other applicable federal or state legislation or
regulation.
Landscave irrif!Gtion use means the outside watering or sprinkling of shrubbery, trees, lawns, grass,
ground covers, plants, vines, gardens and other such flora which are planted and established and are
situated in such diverse locations as residential landscaping, recreation areas, cemeteries, public,
commercial and industrial establishments, public medians and rights-of-way.
Shtick Hllongh passages are deleted.
Underlined passages are added.
2004-0-07
11
"
'-"
...""",
Local f!overnment means any municipality in the county.
Low-volume hand waterinf! means low-volume irrigation of plants or crops with one hose attended
by one person, fitted with a self-canceling or automatic shutoff nozzle.
Low-volume irrif!ation 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 onhe plant
being irrigated and to allow that water to be placed with a high degree of efficiency in the root zone
onhe plant. Micro-irrigation and drip-irrigation are examples oflow-volume irrigation. The terms
also includes water used in mist houses and similar establishments for plant propagation.
Low-volume vressure cleaninf!means pressure cleaning by means of equipment which is specifically
designed to reduce the inflow volume as accepted by industry standards.
Manual svstem means any irrigation method or system that does not have a control device that is
automatically timed. Low volume hand watering is a manual system.
Medical waste means any waste from medical procedures, processes or functions, includin~, but 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 eQuivment 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.
Multivle dwellinf! means a structure or structures having more than one single family unit, and shall
include apartment buildings and motels and hotels.
Municipalitv means a duly incorporated municipality in the county.
National catef!orical vretreatment standards or catef!orical pretreatment standard or catef!orical
standard means anv regulation containing pollutant discharge limits promulgated bv the EP A in
accordance with section 307(b) and (c) onhe Act (33 U.S.C. 1347) which applies to existing or new
industrial users in specific industrial subcategories as listed in Chapter 62-625, F.A. C., and contained
in separate regulations established by the EP A under the appropriate subpart of 40 CFR parts 401
through 471.
National vollution discharf!e elimination svstem or NPDES vermit means a permit issued pursuant
to section 402 of the Act (33 U.S.C. 1342).
Stl tlck thIotl~h passages are deleted.
Underlined passages are added.
2004-0-07
12
"
'-"
"""""
Nationalvrohibitive discharf!e standard or vrohibitive discharf!e standard means any regulation
developed under the authority of section 307(b) of the Act and Chapter 62-625, F.A.C.
Natural outlet means any outlet. including storm sewers and combined sewer overflows, into a
watercourse, pond, ditch, lake or other body or surface of groundwater.
New source means any building, structure, facility or installation from which there is or may be a
discharge of pollutants, the construction of which is commenced after the publication ofthe proposed
national categorical pretreatment standards under section 307( c) ofthe Act. which will be applicable
to such source if such standards are thereafter promulgated in accordance with that section, provided
that:
ill The building, structure, facility or installation is constructed at a site at which no
other source is located:
Gl. The building, structure, facility or installation totally replaces the process or
production equipment that causes the discharge of pollutants at an existing source:
or
ill The production or wastewater generating processes ofthe building, structure, facility
or installation are substantially independent of an existing source at the same site. In
determining whether these are substantially independent factors such as the extent to
which the new facility is integrated with the existing plant. and the extent to which
the new facility is engaged in the same general type of activity as the existing source,
should be considered.
Nonresidential unit means any building, structure or facility used other than as a dwelling unit or
single- family unit.
Normal strenf!th wastewater means wastewater discharged into the sanitary sewers in which the
average concentration of total suspended solids and BOD is not more than two hundred fifty (250)
mg/I. total phosphorus is not more than fifteen (15) mg/I. total Kieldahl nitrogen is not more than
thirty (30) mh/l: and total flow is not more than twenty-five thousand (25,000) gallons per day.
Odd numbered address means the house address, box number or rural route ending in the numbers
L 3, 5, 7, 9 or the letters N-Z. Post office box numbers are not included.
Oven drainagewav means a natural or man-made open-cut which has the specific function of
transmitting natural stream water or storm runoff water from a point of higher elevation to a point
of lower elevation, such as swales, ditches, canals, streams and creeks.
Owner. tenant. occuvant shall include the executors, administrator, successors, and assigns of the
person referred to: and the covenants and agreements contained in any contract between the
StI tick tll10ngh passages are deleted.
Underlined passages are added.
2004-0-07
13
. ,
......
'""'"
department and its consumers should be binding upon an inure to the benefit ofthe successors. heirs,
executors. administrators or assigns of the respective persons thereto.
Parcel means the area of and for which the EDU calculation is determined for. including all
buildings and appurtenances situated thereon the premises.
Pass throuf!h means a discharge that exits the WWF to receiving waters of the United States or in
the reclaimed water system, sludge or deepwell iniection system in quantities or concentrations
which, alone or in coni unction 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 increase 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 measured during which the maximum rate of flow is measured. calculated or estimated.
Person means 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.
Pervious areas means that area within the city which is under standard conditions. permeable to
stormwater runoff and surface water.
oH means the logarithm (base 10) ofthe reciprocal ofthe concentration ofhydrogen ions expressed
in grams per liter of solution.
Pollutant means any substance introduced directly or indirectly into water so as to cause pollution.
including. but not limited to. dredged spoil. solid waste. incineratorresidue. sewage. garbage, sewage
sludge, munitions. chemical wastes. biological materials. radioactive materials. heat, wrecked or
discharged equipment, rock. sand, cellar dirt and industrial. municipal. and agricultural waste.
Pollution means the manmade or man-induced alteration of the chemical. physical. biological and
radiological integrity of water.
POTW treatment olant 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
pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state
prior to or in lieu of discharging or otherwise introducing such pollutants into a WWF. The
StI tick throtl~h passages are deleted.
Underlined passages are added.
2004-0-07
14
--
.....,
reduction or alteration can be obtained by physical. chemical or biological processes. process
changes or other means. except as prohibited by Chapter 62-625. F.A.C.
Pretreatment reQuirements means any substantive or procedural requirement related to 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 EP A. state or city. This includes. but is not limited to. categorical standards and
the general and specific prohibitive discharge limits established pursuant to Chapter 62-625. F.A.C..
and the city's local limits. Where the EP A. state and city have established a national categorical
pretreatment standard for a specific pollutant. the most stringent standard shall apply.
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. the 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.
Prohibited discharze standard or vrohibited discharze means an absolute prohibition against the
discharge of certain substances set forth in section 19-45.
Publiclv owned treatment works (POTW) 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 anv
sewers that convey wastewater to the POTW treatment plant. but does not include piVes. sewers or
other conveyances not connected to a facility providing treatment. For the purposes of this
ordinance. "POTW" shall also include any sewers that convey wastewaters to the POTW from
persons outside the city who are. by contract or agreement with the city. users of the city's POTW.
Public sewer means a common sewer controlled by a governmental agency of public utility.
Reclaimed water means the water that meets the current state department of environmental
protection standards for reuse after flowing out of anv treatment plant or works.
Recvclinz containers shall mean the receptacles purchased and distributed by or on behalf ofthe city
to citv residents for the intended use of recyclable materials.
Recvclable 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
StIt1c,k t1nongh passages are deleted.
Underlined passages are added.
2004-0-07
15
'-"
....,
containers. aluminum cans and such other materials as designated by resolution ofthe city council.
Regulated wastestream means an industrial process wastestream regulated by a national categorical
pretreatment standard.
Residence means a single family residential unit.
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.
Samole means a representative part of a larger whole which can be presented as evidence of quality.
Samples are recognized depending on the collection method as follows:
ill Grab sample. An individual sample collected from a wastestream in less than 15
minutes without regard for flow or time.
ill Time proportional composite sample. A sample consisting of a minimum of eight
equal volume. discrete sample aliquots collected at equal time intervals over the
compositing period and combined to form a representative sample.
.Ql Flow proportional composite sample. A sample consisting of a minimum of eight
discrete samp 1 e aliquots collected proportional to the flow rate of the liquid being
sampled over the compositioning period and combined to form a representative
sample. Two methods may be used to collect this type of sample. One method
collects equal volume aliquots at time intervals which vary based on the stream flow.
The other method collects aliquots of varying volume. based on stream flow. at
constant time intervals.
Sanitarv sewer means a sewer that carries liquid and water-carried wastes from residences.
commercial buildings. industrial plants. and institutions together with minor quantities of ground.
storm and surface waters that are not admitted intentionally.
Seotic tank means a subsurface impervious tank designated to temporarily retain sewage or similar
waterborne wastes together with:
ill A sewer line construction with solid pipe. with the ioints sealed. connecting the
impervious tank with a plumbing stub out: and
ill A subsurface system oftrenches. piping and other materials constructed to drain the
clarified discharge from the tank and distribute it underground to be absorbed or
filtered.
Service area means the corporate limits ofthe city and those additional areas specificallv designated
Stltlck tlnongh passages are deleted.
Underlined passages are added.
2004-0-07
16
...,
.....,
in the interlocal agreements with other governmental entities.
Sewaf!e means the spent water of a community. The equivalent term is "wastewater".
Sewer means a pipe or conduit that carries wastewater.
Shall is mandatory. mav is permissive.
Sif!nificant industrial user or SIU means any industrial or commercial user of the city's WWF who:
ill Is subiect to national categorical pretreatment standards under Chapter 62-625.
F.A.C.. and 40 CFR chapter L subchapter N:
ill Has a discharge flow of25.000 gallons or more on any given day to the WWF:
ill Has an average consumption of potable water of 25.000 gallons or more per day.
excluding multiple-dwelling units. single- family residences. or other purely domestic
users:
ill Contributes a waste stream which makes UP five percent or more of the average dry
weather hydraulic or organic (BOD. TSS. etc.) capacity ofthe treatment plant. or
ill Has a discharge which. in the iudgment of the EP A. FDEP or director of
environmental services. may reasonably be expected to have a significant adverse
impact either singly or in combination with other contributing industries on the
wastewater treatment system. the quality of sludge. the system's reclaimed water
quality or air emissions generated by the system. or has the potential to endanger the
WWF employees.
Sif!nificant noncomoliance or SNC means a significant industrial user shall be in significant
noncompliance when anyone or more of the following criteria are satisfied:
ill Chronic violations of wastewater discharge limits when 66 percent or more of the
measurements taken during a six-month period exceed (by any magnitude) the
maximum limit or average limit (if applicable) for the same pollutant parameter.
ill Technical review criteria (TRC) violations when 33 percent or more of the
measurements for each pollutant parameter taken during a six -month period equal or
exceed the product ofthe maximum limit or average limit (if applicable) multiplied
by the applicable TRC:
a. For conventional pollutants. TRC=l.4 or 40 percent over the limit.
b. For all other pollutants. TRC=l.2 or 20 percent over the limit.
ill The Sill fails to respond within ten davs of receipt of a letter of violation (LOV)
issued by the director of environmental services:
ill The Sill fails to accurately report noncompliance
ill The Sill reports false information:
!.fu The Sill intentionally or negligently violates a permit condition or requirement:
Shtick thtongh passages are deleted.
Underlined passages are added.
2004-0-07
17
.......
..."",
ill The Sill refuses to permit entry to the director of environmental services or his
designee for inspection:
lID. Any violation occurs that the director of environmental services reasonably believes
has caused. alone or in combination with other discharges. interference (e.g.. slug
loads) or pass through. or has endangered the health ofthe WWF employees or the
general public:
ill Any discharge occurs which causes imminent endangerment to human health.
welfare or to the environment. or results in the WWF' s use of i ts emergency authori ty
to halt or prevent such a discharge:
.QQl Violations of IWDP or other required compliance schedules occur such as. but not
limited to. failure to start or complete construction. or failure to attain final
compliance by the compliance schedule date:
.Q.l.} Periodic compliance reports. baseline monitoring reports. or other required reports
are not received by the director of environmental services within 30 days after the
due date: or
.Q1l Any violation or grOUp of violations occurs which. in the iudgment ofthe director of
environmental services. mav reasonably be expected to have a significant adverse
impact on the operation or implementation of the pretreatment program. the
wastewater treatment system. the quality of sludge. the system's reclaimed water
quality or air emissions generated by the system. or has the potential to endanger the
WWF employees.
Siznificant violation means any violation or grOUP of violations of an industrial user's IWDP which
establishes significant noncompliance.
Site mitization means all private facilities constructed on a parcel of land which provide for the
abatement of stormwater to amounts equivalent to vacant property or standards prescribed by the
city.
Slug or sluz loadinzmeans any pollutant (including conventional pollutants) released in a discharge
at a flow rate. level or concentration which may reasonably be expected to cause interference with
the operation ofthe treatment works. Discharges may be of a nonroutine. episodic nature. including
but not limited to. an accidental spill or a noncustomary batch discharge.
Soil! containment olan means a detailed plan showing facilities and operating procedures to provide
protection from accidental discharge.
State means the State of Florida.
Standard industrial classification or SIC means a classification pursuant to the Standard Industrial
StItlck tlnongh passages are deleted.
Underlined passages are added.
2004-0-07
18
'-'
...,
Classification Manual issued by the Executive Office ofthe President. Office of Management and
Budget. 1972.
Storm drain means sometimes terms storm sewer. it shall mean a drain or sewer for conveYing water.
groundwater. subsurface water. or unpolluted water from any source.
Stormwater means any flow occurring during or following any form of natural precipitation and
resulting therefrom.
Stormwater manaflement fee means the stormwater management utility fee enacted herein which is
billed on the basis of equivalent drainage units. The fee shall include the base rate and contribution
rate.
Storm wa ter svstem means the appurtenances. facilities. equipment and services necessary for which
the stormwater runoff is conveyed: the peak flow from developed land surfaces is reduced: the
erosion created by stormwater is reduced: and/or the water quality of the stormwater runoff is
improved within the corporate limits of the city.
Superintendent means the superintendent of the environmental services department of the city.
Suspended solids means the total suspended matter that floats on the surface of. or is suspended in.
water. wastewater or other liquids. and which is removable by laboratory filtering.
Total flow means the accumulative volume of stormwater discharged from a property. basin. or
watershed. The total flow is quantified in measures such as acre - feet. or cubic foot of water.
Total toxic orflanics or TTO means the summation of all quantifiable values. greater than 0.01 mg/l.
of toxic organic substances identified by the EP A for electroplating point source categories listed in
40 CFR 413.02(i) and for metal finishing subcategories listed in 40 CFR 433.11(e). including any
categories or subcategories listed in Chapter 62-625. F.A.C.
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 Environmental
Protection under the provision of section 307( a) ofthe Act or anv other acts. including Chapter 62-
625. F.A.C.
Treatment works means anv devices or systems used by the city in the storage. treatment. disposal.
recycling or reclamation of domestic sewage or industrial wastes of a liquid nature including
interceptor sewers. outfall sewers. sewage collection svstems. reclaimed water systems. injection
wells. pumping power or other equipment and appurtenances: extensions. improvements. remodeling
StI tick tmotlgh passages are deleted.
Underlined passages are added.
2004-0-07
19
, ,
W'
.."",
additions or alterations thereof: elements essential to provide a reliable recvcled supplv such as
standbv treatment units and clear well facilities: any works, including land that will be an integral
part of the treatment process or is used for ultimate disposal of residues resulting from such
treatment: and including sanitary sewer systems.
Trailer Dark. mobile home Dark means any business enterprise maintaining a premises for the rent
of mobile homes or house trailers or mobile home or house trailer sites, and each mobile 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.
Trash container means a container of size not to exceed twenty (20) gallons in capacity: and shall
be of metal. wood, plastic or other suitable material.
UnDolluted water means water of quality equal to or better than the effluent criteria in effect or water
that would not cause violation of receiving water quality standards and would not be benefitted bv
discharge to the sanitary sewers and wastewater treatment facilities provided.
Unrezulated wastestream means for purposes ofthe combined wastestream formula, a wastestream
that is not regulated by a national categorical pretreatment standard and is not considered a dilute
wastestream.
User in resDect to wastewater means any person who contributes, causes or permits the contribution
of wastewater into the city's WWF.
User in reSDect to water means any person, natural or artificial individual. firm, aSSOCIatIOn,
organization, partnership, business trust. corporation, company, agent. employee or other legal entity,
the United States of America, the state, and the county, any political subdivisions, region, district.
municipalitv, or public agency thereof, which directlv or indirectlv takes the water from the water
resource, including, but not limited to, uses from private or public utility systems, uses whether or
not under consumptive use permits pursuant to Chapter 40C-2, F.A.C., or uses from individual wells
or pumps for domestic or individual home use or other use. The term does not include users who
use onlv treated effluent or seawater.
Vacant means any piece or parcel of land that is without anv building, structure, appurtenance, or
improvements.
Stmck tll10tlgh passages are deleted.
Underlined passages are added.
2004-0-07
20
'-'
.....,
Vef!etation means all plant growth, especially trees, shrubs, vines, ferns, mosses and grasses.
Violation means any incident or condition which fails to comply with requirements stated in the
user's IWDP, which fails to comply with pretreatment requirements, or which fails to comply with
the terms of this division.
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 contribution vermit means as set forth in section 19-52 of this division.
Wastewater facilitv or WWF 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.
Water Authoritv of Vol usia ("WA V") means that regional water supply cooperative organization as
created pursuant to that certain interlocal agreement dated August 26, 2003 and the provisions of
Section 163.01. Florida Statutes, and as amended as restated.
"Water. votable" means any water which, according to recognized standards, is safe for human
consumption.
"Water. nonvotable" means water which is not safe for human consumption or which is of
Questionable potability.
"Water. service connections" means the terminal end of a service connection from the public potable
water system; i.e., where the water purveyor loses iurisdiction and sanitary control over the water
at its point of delivery to the customer's water system. Service connection shall also include water
service connection from a fire hydrant and all other temporary or emergency water service
connections from the public potable water system.
"Water. used" means any water supplied bv a water purveyor from a public potable water svstem to
a consumer's water system after it has passed through the point of delivery and is no longer under
the sanitarv control of the water purveyor.
Water conservation means 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.
StltlGk th10ngh passages are deleted.
Underlined passages are added.
2004-0-07
21
. .
'-'
..",
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 particular
area to protect groundwater resources from serious harm. A water shortage usually occurs due to
drought.
Water shortafle plan means the St. Johns River Water Management District's Chapter 40C-21
F.A.C. Water Shortage Plan.
White floods: Used or broken appliances. hot water heaters. metal furniture. and any other metal
goods of a nature usual to residential use.
Sec. t9=i- 19-2.
Utility deposit, service charge and transfer fee.
(a) The city shall require a utility deposit and a service charge before water.. or sewer or
reclaimed service(s) are initiated to any equivalent hnng residential unit (ERU) in the city.
The utility deposits and service charges required before the initiation of service are as
established by resolution of the city counci1.~
Utility M:po;3it.5.
Residential Ser v icc.
\Vatcl scr v icc only........................................................... ..$45.00
Sewcl ser vice 0111,............................................................. 45.00
VvTatcr and SC\'\iel sel vice..................................................... 90.00
NOn1esidcntial ser vice....................... T\'\iO times average monthl, bill, bnt not less than
IGsidential deposit.
So v ice chargc.............................................................................. $ 10.00
Snch deposit shall bc Ill.'tde b, the property O\'\iner and the bill fOl uti lit, sel vices shall be
mMe ill the property O\'\ill"r'S nanlC at all times and shall remain \'\iith the city withont
inter cst. :ror cnstomers \'\iho havc paid a deposit and \'\icrc leeeiving ser vice priol to Junc 1,
1991, and vv hich ha v e been disconnected folllonpayment of trtility bills, the cit, miry 1 cqucst
an additional increased deposit equal to the a1110nnt shOwll above as a prereqnisite to the le-
institntion of sel v ice. :ror transfen:ing, a deposit from an existing, O\'\in"r to ne\'\i O\'\iner on the
same aeeonllt, a five dollal tlansfel fee shall be chalged. These monies shall be invested and
the irlCome derived therefrom be nsed in the operation of the \'\iater and sewCl s,stem theIeby
helping to kcep the rates fOI said sel v ice to a minimnm. Except upon receipt of a request for
a deposit transfer as set forth in subsection (b), the city shall retain the deposit until a request
Struck tll10ngh passages are deleted.
Underlined passages are added.
2004-0-07
22
. '
--
.,
for termination of service is received. At such time the deposit amount shall be applied to
the final bill. Any amount remaining shall be returned to the propcrty owncr customer.
However, no refund checks on deposits shall be issued for an amount less than one dollar
($1.00).
(b) Upon written request. a customer on a form provided by the finMlec departlllGllt, the O\l\'llCl
of 0 \I\' ner -ocetlpied IC~idcntial propert, may request that a credit refund in the amount ofthe
utility deposit be given after establishment ofthirteen (13) successive months of good credit.
Good credit shall be defined as no service shut off and no penalty for late payment during
any successive thirteen.Q]l month period. Such thirteen-month period nuty include time
prior to July 1, 1995. Upon receipt of the written request by the finance department, the
credit refund shall be applied during the next po~~ibk billing cycle. An additional deposit
and service charge in the amount set forth in subsection (a) shall be required if subsequent
to application of the credit refund service is shut off and a request for re-institution of service
is made.
Sec. ~ 19-3.
Unlawful connections.
No person shall be allowed to connect into any water, sewer or reclaimed line or line owned by the
city without the \I\' r itten consent ofthe city, and then the connection vv ith ~ueh line shall be made only
under the direction and supervision ofthe city. Any property owner or contractor plumber \I\' ho ~hall
making a make any connection without such consent of the city shall, upon conviction, be subject
to punishment as provided in section 19-29.
Sec. t9=3- 19-4.
Maintenance of plumbing system.
The owner ofthe property shall be responsible for maintaining and keeping ckan and in good repair
repairing the water, and sewer and reclaimed service pipe~ kading and connecting from the
privately-owned plumbing system to the city distribution water lines and main sewers. Failure to
keep the sewer pipe, i.e., the pipe leading from the plumbing system to the city main, cleaned and
maintained in the property proper manner will give the city the right to cut offthe water connection,
which shall not be reconnected until the sewer pipe is cleaned and maintained properly. Failure to
repair water leaks in a timely manner shall grant the Citv the right to discontinue water service until
repairs are made.
Sec. t9=419-5.
No free service.
No water, sewer or reclaimed or ~e\l\'ag{, di~posabk service shall be furnished or rendered free of
charge to any person whatsoever. and the city MId caeh agcnC)i, department or in~tr tllnentality \I\' hieh
u~e~ either or both ohtleh ~cr vice~ ~hall p~ therefore <rt thc rMe~ fixed by thi~ article. A minimum
Struck t1110ugh passages are deleted.
Underlined passages are added.
2004-0-07
23
. '
'-"
....,
bill shall be rendered monthly whether service is used or not.
Sec. f9..5 19-6.
Unpaid fees to constitute lien.
The owner of each property receiving utility services provided by the city, regardless of
whether the residence or building on the property is rented or being occupied by the owner and
regardless ofthe date or the means by which the owner came into ownership ofthe residence, shall
be absolutely responsible for the payment of all fees, rates, or charges relating to utilities provided
for the property. In the event that the utility fees, rates or charges are not paid as and when due, any
unpaid balance thereof, along with all interest accruing thereon, shall be and shall constitute a lien
on the property.
Once the amount of unpaid utility fees, rates or charges reaches an amount ofthree hundred
dollars ($300.00), the City will initiate the lien process against the property owner being
supplied/provided the utility service. The city may record in the public records of V olusia County,
Florida, a notice oflien giving notice to all persons that the city is asserting a lien upon the affected
parcel or property. The unpaid balance thereof and all interest accrued thereon, together with the
costs of collection, including but not limited to attorneys' fees and costs, may be recovered by the
city in a civil action, and any such lien, accrued interest and any additional costs may be foreclosed
or otherwise enforced by the city by action or suit in equity as for the foreclosure of a mortgage on
real property.
Sees. t9-619-7 - 19-9 Reserved.
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 sewer service
and/or water meter (5/8" x 3/4") shall be one equivalent residential unit. Each wittel 111eto,
othel thMl the tint, prOvided to ser ve a single-famil, residence as An irrigation meter will
be exempted from the sewer charge.
(b) Rooms, apartments, mobile home spaces. Each residential room, combination of rooms,
apartment or prepared mobile home space that includes connection points for sewer and/or
water service that is owner 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
elsewhere in this chapter, the number of equivalent residential units shall be computed bythe
bnilding official nsing thc fixtnlc cotmt as defined in the most recent data published by the
StItlck tmongh passages are deleted.
Underlined passages are added.
2004-0-07
24
~
..."
Anl{,lican Vv' atCI W olb A~~ociation and the folIo vv ing folmtll~. Ten State Standards. Florida
Building Code/Plumbing. Florida Department Public Health (DOH) or Florida Department
of Environmental Protection permit application.
Tota.l ntlmbGI ofPixtme Unit~ X 25 ~d{Pixtt11C Unit-
Tot~l gpd E.R.U.'~
2GO gpd/ERU
The Citv of Edgewater's adopted Level of Services (LOS) for water is 100 gpdc. or 250gpd
per E.R.U.
td1 COlnbinC!tion a{,eOtmt~. Accoml1:~ th~t contain both lc~identi~l ~lld GOmmclci~1 facilitics
SCI vcd th10ugh ~ comnHm metel mc't)i be tlcC!ted as cithcI Icsidcnti~l 01 nome~idcntial,
~ hi elK v CI mcthod of computation 1 C~tllts in the latge~t ntUllbcl of cqtli v ~lcIl1: 1 esidcntial
units:-
tet @ Changes in E.R. U. 'so If a building permit is issued for an existing nomesidential,
commercial, or industrial connection which will increase water 01 SC~CI demand, or if a
building changes from residential to nomesidential property occupancy, the net change in
total mUMcl ofE.R.U.'~ gallons shall be determined by subtracting old E.R.U.'s flow in
gallons from the total new number ofE.R.U.' ~ flow in gallons in the entire facility. The fee
will be assessed on the mnnbcl of new E.R.U.' s flow in gallons. As an eX~1nplc, if rol
existing building cOIltained on" hundled fift, (150) fixtme units and it ~as exp~nded to tInee
hundled (JOO) fixtme tlnit~, the fee ~otlld eqtlal (JO E.R.U.'~ to 15 E.R.U's) 01 15 E.R.U.'s.
ffl ill 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. lc5~ fifry cents ($0.50) &'1 each cq tli valcIlt lesideIl1:ial tlnit in
exce~s of one.
Monthly water allowance under the minimum billing will be equal to one current allowance
for single service per equivalent residential unit.
tgt -,-notable vt'at~, .lyMe-ill. Includes thO (2) broad cC!tegolies of sttbsystellls ~hieh atc.
(1) rlimroy systcm.
a. ~Nell.5 and ~ ell ptllllpS.
b. Ra~ ~atel mains,
e. High sel v ice pmuping,
S tI tlGk tIn 0 tlgh passages are deleted.
Underlined passages are added.
2004-0-07
25
'-'
""-"
d. Stolage imd rcpttnlping,
e. Tremmcnt plimt, imd
f. TI all~mi~~ion nlain~.
(2) Secondary or 10ea1 di~tribtttion ~YStClll.
a. 1I0ttsG SGI v ices indttding mGtaing"
b. Six (6) inch imd smallcI t'\imcrll1ain~.
The cqttivaknt Ie~idClltial tlnit minimtl1ll chMge applics t'\ihCthCI all or any portion of the
li v ing tlnits M c 0 vv ncr oectlpicd, ICrtlCI occtlpied 01 vacant.
(11) Rat'\i vvmer sy~tCl1l. Elldtldcs tt'\iO (2) broad catGgo1ic~ of~ttbsystCnl~ t'\ihich Me.
1. Primary sy~tCl1l.
a. Vv' ells Mid t'\i dl pmnp~,
b.. Rat'\i t'\iMCI main~.
2.. Sccondary 01 10Gal disttibtltion system.
a. Sa vice~ indtlding meteIing,
b. Six inch imd smaller Iat'\i vvMCI di~ttibtrtion piping.
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. either
indi v idtlally 01 tmotlgh a mMtGI mete!.
(b) The owner of each lot or parcel of land within Edgewater, Florida, hereinafter called the
"city", upon which lot or parcel ofland 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 public water distribution system ofthe city; provided, however, that this
section shall only apply to lots or parcels where the department has certified by the
Deoartment of Health to the Git)' derk 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, then the connection
shall be made within ninety (90) days of written notification by the Director of
Environmental Services dt)' ekrk. The tmit owner shall be liable for all impact fees, and the
tmit owner shall be provided with connection at actual material costs at the time said
connection is made; however, the costs may be prorated among lots within a close
geographic proximity where said lots are connected at the same time.
Struck tlnotlgh passages are deleted.
Underlined passages are added.
2004-0-07
26
.....
...,-
(d) Where water service is requested beyond the limits of the present distribution system, the
~ atG dCpltl"tmel1t nllt)1 install a main to the pIopert:j' line, if the ploperty is located ~ ithin one
11t111dlCd (100) feet of the pI esent mains. This extension policy shall not l'tppI, to
sttbdi v isions and shall not apply to pIopel"ty located outside the dry limits. \Vha c mOl c than
one htmd1cd (100) fcet of main is IequiIcd, the Environmental Services water department
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 ifthe persons requesting such service
will pay all costs in connection therewith.
Sec. 19-12. Water Connection charges
Water connection charges shall be required for each water connection based on fees established from
time to time bv resolution onhe City Council.
(a) The follo~ ing connection chltlges shall be IcqtlilCd fOI cach eonneetiollmadc to the potable
~atel system inside the city limits.
}Jetel She
(illcheJ)
C61l1leGtioll Charge
Tlotable
5/8 )( j~
I
I )2
J
4
G
$ 2GO.00
JJO.OO
525.00
I,JOO.OO
2,500.00
4,250.00
tb1 Connection charges shall be required for each connection made to the potable water system
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 t~cnty-fivc (25) paccnt surcharge
~ in amount allowed by applicable state statutes and established by resolution of the city
council.
te1 The follo~illg, connection ehltlges shall bc Icquitcd fOI eltCh connection madc to the ra~
vv ateI systcms outside the city limits.
}rleteJ Sid
(illcheJ)
COJlJleGtiOtl Charge
Ra~v
Str tlek tlnotlgh passages are deleted.
Underlined passages are added.
2004-0-07
27
...
~
5/8 X )~
1
1 ~~
2
3
4
G
$ 260.00
330.00
510.00
700.00
1,100.00
1,620.00
2,420.00
Sec. 19-13. Payment of bills; service charge.
Bills for the monthly charge and fee for water. sewer and reclaimed service l1nd sewl1gc dispoS1ll
~Cl v ice shall be submitted and shall be payable upon receipt. A delinquency charge as established
by resolution ofthe city council oftcn (10) peleellt oHile c1nlOtlnt dne for water. sewer and reclaimed
and sc ~ l1ge disposl1l fees shall be charged against the customer by the city if the customer shall fail
to pay the charges due for water. sewer and reclaimed service and se vv l1ge disposl1l fees within twenty
(20) days of the billing date of said charges. Should there be a failure by the customer receiving
water and sewage:er service to pay his- the bill in full for said service not later than thirty-five (35)
days from the billing date for said service, than said service shall be terminated and shall not be
reconnected after discontinuance until all past due water. sewer and reclaimed bills l1nd sevv(,l
disposl1l fecs are fully paid, together with said charges of tw (10) per cent of delinquency charge for
past due bills and payment of a tcn dollCl1 ($10.00) service charge as established by resolution ofthe
city council for reconnection during normal working hours, liS those hom s ar e established by the city.
A service charge as established by resolution of the city council of fifty dollars ($50.00) shall be
imposed for reconnections made during other than normal working hours. The o~nel of each
cqni valent nnit, I egar dless of ~ hethel the cqni valent the eqtli valent tmit is r cntcd 01 being oeettpied
by the o~nel, shall be l1bsolntdy lesponsible fOI pttyment of 1111 ehmges inetllled to the eqni vl1lent
living nnit. No service will be discontinued for a delinquent bill ofless than five dollars ($5.00).
Sec. 19-14. Water Metel rates - Minimum.
Water Meter rates shall be established by resolution of the city council.
Sec. 19-15. Reserved.
Sec. 19-16. Same - Rate increase; annual review of rates.
The foregoing rates shall be reviewed by Jnly of each year annually by the city council to determine
if revenues are sufficient to properly operate and maintain the system. The city council at that time
will take official action whethel 01 not to ehmlge concerning the utilitv rates.
Shnek tlnongh passages are deleted.
Underlined passages are added.
2004-0-07
28
,."
""""
Sec. 19-17. Extraordinary service calls - No charl!e for initial test.
(a) There shall be a ~ doHar service charge for a customer request of a meter bench test for
accuracy. If the meter is found to be inaccurate, this charge will be r dnndcd voided.
(b) Extraordinary service calls, outside of regular maintenance, shall require a tm-clollal 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 other causes.
{fl Charges for meter bench tests and/or extraordinary service calls outside of regular
maintenance shall be as established bv resolution of the city council.
Sec. 19-18. Special provisions for water for irrigation and swimming pools.
( a) Separate meter authorized. Upon request of any customer and upon payment ofthe fees and
charges herein authorized and established, the city shall install for such customer a separate
water meter for the purpose of measuring the amount of water used by such customer only
for irrigation and/or swimming pool purposes.
(b) Deposit, connection charge and impact fee. The amount ofthe deposit, connection charge
and impact fee for each such meter, and the charge for water metered through such irrigation
meter, shall be the same as established by this article for water meters. gcncraJ1,.
(c) Water excluded in computing sewer bills. All water measured through such irrigation meters
shall be excluded from the computation of water consumed under the terms of section 19-14,
for the purpose of computing the monthly sewer service charge, and the rates for sewer
service established by Article III of this chapter shall not be applied to water measured
through such irrigation meters.
(d) Location of meters; consumer to provide connections; city's right-of-entry. Such irrigation
meters shall be placed by the city only on property on which the city has an easement or
right-of-way, and the customer shall be responsible for providing connections from such
meter to his home property. The city, through its officers, agents and employees, shall have
a right of access to any property upon which such irrigation meter or connections thereto is
located, for the purpose of inspecting the same or otherwise regulating the operation of said
irrigation meter under the terms of this section.
Sec. 19-19. Special provisions for temporary metering.
Str tick tmongh passages are deleted.
Underlined passages are added.
2004-0-07
29
....
.....,
(a) Water used to fill tank trucks, such as pest control vehicles, from hydrants or other 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.
The utilities department of environmental services shall monitor this usage and submit a
monthly record to city hall for billing purposes.
(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.
Sec. 19-20 Fire hydrant rental
The eit, shall pa:y not less than fift, dollMs ($50.00) per ,e,M pe,r hydrant to the ercdit onhe \'Vato
uti lit, for public fire protcetion, ser vice, for h,drants inside, the city limits.
Sec. t9-2T 19-20.
Water distribution systems outside the City of Edgewater.
At the discretion ofthe city council, the policy ofthe city may be to limit expansion or extension of
the water distribution system owned by the city and loeettcd ott1:side the eit, limits. to cormceting
additionalsinglc family residences, or such buildings, regaldless of use, thett require onl, a five-
eights ineh b, three-quartcr-illeh meter .!md \'Vhieh \'Vould tltiliz:e no more \'Vater than single-family
residence.
Sec. t9-H 19-21.
Extensions outside of city; procedure.
When an extension of the water or sewer system is requested by any person residing outside the city,
the city council shall have the power and authority to make said extension upon whatever terms and
conditions the city council shall determine, if it is determined by the city council that said extension
will promote public health, safety and welfare and will be economically feasible for the city and
citizens thereof. All costs of extending the eit, \'Vetter or sevver s,stem shall be done soleI, at the
expense of said person reqtliring said extension and the plans of.~m, \'Vetter system to \'Vhieh the city
\'Vater lines shall be extc.nded shall be first appro v cd b, the city engineers prior to making connection
to thc city \'Vater s,stem.
Sec. 19-2). Resale of ~ atel outside city, limitation on ne~ connection.
(a) No pe,rson, firm or corporation owning M1:y vvetter distribution S'.5ten1 and buying \'Vater form
the cit, for resale to customers otltside the city lin1its shall enlMge or extend its vvetto
distributiolls,stem in order to ser ve MIJ' ne\'V customers. New connections to such existing
Str tick tlnou~ passages are deleted.
Underlined passages are added.
2004-0-07
30
'-"
.....,
vvlrter distribntion systems shall be limited to the connection thereto of additional singlc-
family residences, 01 sneh bnilding,s, regatdkss ofnse thlrt reqnircd only a fivc-eight1;-ineh
by tll1ee-qnarter-ineh vvetter meter and vvhieh ~onld tltilize 110 mOle ~ater that! a sing,k-
family residence.
(b) Any violation of this section by at}y sneh ~etter distribntion system shall be gtonnds for the
city to rdnse to sell additional vvater to sneh system or to limit the atl10tlnt of vvater so sold,
lrt the discretion of the city eonl1eil.
Sec. f-9.r24 19-22.
Tampering with meters, tap, etc., unlawful.
It shall be unlawful for any person to open a hydrant or tap, or to take water therefrom, or in any
manner to tamper with any meter, or extend water pipe, or open or use any sealed fixture placed in
or about a building exclusively for fire protection except in cases of fire, or to tamper with, remove
or injure any curb or meter box or install below finished grade. The building official for the city
shall not issue a certificate of occupancy for any new equivalent residential unit as long as any of the
violations listed herein remain uncorrected.
Sec. 1-9-25 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. i-9-2-6 19-24.
Limitations of structures.
(a) Any structure which does not have a service meter installed for the purpose of measuring
water from the city, or from a distribution system which receives its water supply from the
city, shall not be served with city water. either directly by connection to the city vvlrtcr maim;,
or by cOllnection to a distribntion systen! ~hieh pmehMes vvetter from the city tlnless sneh
stltletnlC complies vvith the follo~ing ICqnirements.
(1) Any stI tletme 0 vcr thtee (J) stories in height shall have installed a g,rav ity honse tank
M1d booster ptlmp system. Sneh tank shall have aeapaGity Eot stotagc of not less than
a tvventy-fom hom normal domestic ~lrter snpp}y rot stleh stltlettlle, M1d shall have
a booster pnmp snfficient to snpply all fixtmes freely M1d contintlonsly.
(2) StlGh gravity hOtlse tank shall be snpplicd ~ith ~ater flom the ~lrter snpply main
tmongh a flolrt valve. It shall be eqnippcd ~ith tight cOvers and shall be vented ~ith
a retmn bend vent pipe having Ml Mea not kss thM1 onc-halfthe alea of the dOvvn
feed liser, M1d the vent opening, shall be COvered ~ith a metallic 1;Gleen of not less
Strtiek tll1ong,h passages are deleted.
Underlined passages are added.
2004-0-07
31
, .
'-"
....,
than 011C htmdrcd (100) nw~h.
(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 city enginee1 and certified to be in compliance herewith. Further, before actual
connection ofthe water service meter, the department of environmental services city engineer
shall have received certified compliance that the meter svstem was constructed in compliance
with the FDEP permit/Department of Health. t'Vith Stich ptdiminen) plenls and the
rcqtIilCInents hClcof.
(e) Por those sh tlctmes t'Vhieh ene to be eonstltleted otItside thc city limits, btIt t'V i1l1eeci vC their
water stipply from the city, or from a water distribntion system t'Vhieh lCeeives its wato
stIpply from the city, thc agency hay ingjmisdietion to issne bnilding permits is lCqnested to
adv ise applieenlts:E01 building permits ofthe reqtIilCmcnts oftilis section, and of the fact that
Stich water stIpply will not be available fronl the city unless the bnildillg t'VatC1 stipply system
complies t'Vith the reqnirClnents of this section. The city engineering depeni:ment vvill
eoope1atc with sneh applieenlts rot building permits by exennining prdiminen) plans and
certifying eomplienlee with the section. lIo vv e v el, prior to the connection of sneh stltletm c
to the water sttpply system, the city enginee1 shall inspect the building water sttpply system
to el1Stlle compliance t'Vith the terms hercof.
Sec. +9-2719-25.
Cross-connection - General policy, definitions.
(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 nonpotable 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 department of environmental services shall be responsible for the
protection of the public potable water distribution system from contamination or pollution
Str tlck tin ongh passages are deleted.
Underlined passages are added.
2004-0-07
32
....,
.."",
due the backflow or back-siphonage of contaminants or pollutants through the said
department, an approved backflow prevention device is required at the city's water service
connection to any customer's premises, for the safety ofthe water system, the supervisor or
his designated agent shall give notice in writing to said customer to install such an 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.
(c) De,fi,zitioIlJ.
(1) "SttpCI vi~Clr". The ~ttpGI vi~Clr~ Clfthe tltilitic~ department Clfthe city Me vested vvith
the lttlthority and re~pon~ibilit, for the implementation Clf an cJfeetive elO~~-
eClnneetiCln eonttClI prClgllrm and fur the enfoleement o[the prCl v i~iCln~ Clfthi~ artiele.
(2) "ApplOl:!ed". Accepted by thG depM'1:mGnt M meeting an applicable. ~pccifieation
~tated 01 citGd in thi~ Mi:ielG, or M ~tlitable fCll thG propo~Gd tl~e.
(J) "Atlxiliary ~atel ~ttpply". An, ~ater sttpply on or available tCl the premi~es ClthGr
than the pm veyol'~ applClved public potable. ~ater ~tlpply. The~e lttlxiliary ~atels
may inelttde ~atel from anClther ptll vGYClr'~ pttblie potable vvatel ~tlpply or any
natmal ~otl1ec(~) ~tleh M a ~dl, ~pring, liver, ~t1eanl, lunbol, etc., 151 "u~ed ~aters"
01 "indtl~trial fltlid~." These ~ atel~ lllay be polltlted 01 cClntaminated 01 they may be
objeetiClnable MId eon~titttte an tllUleeeptable. ~atGl ~otllee Ovel vvhieh the ~atGl
ptll veYCl1 doe~ nClt have Ml1itary control.
(4) "Daekflo vv". ThG flo ~ of vv atel 01 Clther liq tlid~, mixtul e~ 151 ~ub~tanees into the
di~tribttting pipe~ of a potable. ~atGl stlpply ~y~tem from arry ~otlIee othel than its
intcnded sotlIee elttl~ed by the ~tlddGn ledtletion of presst11e in the potable ~atCl
~ttpply system.
(5) "Daek-siphonage". The flClvv of ~atCI 01 othel liqtlids, mixttlIes or substances into
thG distributing pipe~ ofa potable. ~atGl ~ttpply sy~tGm flom an, SCltl1ee othel than its
intended SCltl1Ge elttlsed by the stldden ledtlctiCln Clf ple~Stlle in the potable vvatCI
stlpply sy~tem.
(G) "Daekflo~ preventCI". A device 01 means designed tCl plevent baekflo~ or back
siphonage.
a. Ail gap. ThG tlnob~tmeted vertical distarl"e l1notlgh the free atmo~phCIe
bGt~een thG lClvvGSt opening from arlY pipe 01 flttlcct supplying vvatCI to a
tank:, pltlmbing fixttlIc, Clr ClthGl device and the flood level lim o[said vcssel.
An apprOved air-gap ~hall be at le.Mt dottble. the diarneteI ClfthG ~tlpply pipe,
lllGMtlred vertically, above thc top Clft11e rim of the ve~sd, and, in no CMe
less than one inch. Whm an air-gap is tlsed at thc ~el vie" eonncction to
Stmek throtlgh passages are deleted.
Underlined passages are added.
2004-0-07
33
'-'
...."
prcvent the contamination or pollution o[the pttblie potable ~atelllYlltem, an
el11Glgenc) bYPMll llhall be il1lltalkd atound the air-gap ll)lltenl atld an
approved reduced plelllltl1C plinciple dCviee. llhall be inlltalled in the. b)PMS
s)lltem.
b. Recmadple;SJl:uepliitdp:e devZa. An a1lllembl) oft~o (2) indepcndently
opGlating appr 0 v cd check val v ell ~ ith an antomatieally opel ating diffel ential
relid val ve bet~cen the two (2) check val vCll, tightl) elolling lllmt-off val vell
on cithel side of the ehcck val v Cll, pIns propelly located tellt eoch for the
tellting of the check and relief val v ell. The entir e M~embly shall meet the
dellign and performance speeifieationll and approval of a recognized and city
approved tellting agcnc) for baGkflo~ plevention a1lllembliell. The dCvie.e
llhall operate to maintain the prelllltl1ell in the zone bet~ec.n the t~o (2) check
val v ell at a le v el leSll than tll.:: pr ellllnIG on thc pnblk vvatel llnppl) llide ofthc
de v ice. At e,::sllation of nOIl'l1al flo ~, th.:: pr ClllltlI c bet ~ ecn thc hv 0 (2) check
valvellllhall be less than tll.:: pres~nIe on the pttblic vvater ~npply llide of the
de v ice In CMe of leakage of either of the eh.::e.k val v es the diffcr entiall elief
valve llhall operate to maintain th.:: redneed prell~nre in the zon.:: beh>veen the
eh.::ek valves b) dilleharging to the atnlo~phcrG. \Vhm the inlet plelllltlIe is
tvvo (2) ponnds per llqnarc inch or less, the relief valve shall open to th.::
atmosphere. ~Nhm thc inlet presstlIe is t~o (2) pounds pel square ineh 01
leSll, the lelief valve ll11all open to the atmosphere. To be approved, these
dev icell mnst be leadily aeeellsible for in-line maintenance and tellting and be
inlltallcd in a location ~11Gle no part of the dCviee shall be Sttblllerged.
G. Dotlb:~ (hed va:ve aJJe"lbly. An aSllembly of two (2) independently
operating appro ved eheck val vCS ~ ith tightl)' elolling shnt-off v al ves on eaeh
side of the ehcek valves, plus pIoperl) located tellt eoch WI thc testing of
cach ehcck val v e. The entire Mllembly shall meet the design and
pelfolmance llpceifications and approval ofa recognized and city apploved
testing agmey WI backflo~ pIevention deviccs. To be appIoved these
dc v icclllTInst bc r eadil)' aeecsllible for in-line nUl:intenance and testing.
(7) "Contanlination". An impairment of the qnality of thc potable ~ atel by llC~ age,
indnstrial fluids 01 wMte liquids, compounds 01 otho materials to a degree ~hich
CIGates at! aetnal hazMd to the pttblie health tll10ugh poisoning or t1110ngh the spread
of discMc.
(8) "Cross-eormection". Any physical cOlmeetion or anangement o[piping 01 fixttlIes
between t~o (2) othel ~ise separate piping systems 011e of ~hieh contains potable
~ ater and the othel nonpotable ~ ater or indnlltlial fluids of questionable safety,
t111 ough ~ hieh, or beeausc of which, baekflo ~ or back-siphonage mtry oeenl into the.
potable ~ater system. A ~Mer lleIviee conncction betwcen a pttblie potable ~ater
Struck t1110ugh passages are deleted.
Underlined passages are added.
2004-0-07
34
(9)
(10)
(11)
(12)
....
"wtI
distIibtttion system emd a enstomel' ~ w Mel distIibntion system is eloss-comleetcd to
a contamillMed fixtme, indnstIial flnid system 01 vvith a potentially eontMllinated
snpply 01 MlxilimJ wMel system, eonstitnte~ one type of Gloss-eormectioll. OthGl
types of closs-connections indnde connector 5 sneh as 5 wing connections, 1 emo v able
sections, fonr-way pIng valves, spools, dmmny sections of pipe, Swivel or ehemge-
o v eI de v ices, sliding nlnltiport tttbe, solid comleetions, etc.
"Ctos~-eomlcetions, conholle.d". A connection beMeen a potable. WMel system and
a nonpotable wMel systenl with an approved baekflow pleverrtion device properly
installed thM will eontinnonsly afford the plotection commensmMe with the degree
ofhazald.
"Closs-comleetioll eontlol by containment". The installMion of em apploved
backflo w pr e v ention de v ice M the watel sel v ice connection to any enstomel' s
plemi~es whele it is physically and eeollomieallJ in:&asible. to find and pelmanently
climinMe 01 conti 01 all actnal 01 potential Gl oss-eonneetions within the eustonlGr' s
vvMeI sJstcm, 01, it shall mean th" in~tallMion of an apprOved baekflow prevention
de v ice on th" ser v ice line le.ading to mld snpplJing a portion of a en~tOIneI' s wato
sJsteIn whcre thele Me acttlal 01 potential eloss-eonneetion~ which cannot be
effceti v cly eliminMed or conti oIled M the point of CI o~s-connection.
"IIaz:md, degrce of'. The term is delived fOI an evaluMion of the potcntialrisk to
pttblic health MId the advelse effect of the haz:md npon the potable WMGl system.
TT "/':i\:t d' . d' "
a. UaL-ala, flea trl. lY con rhon, evICe, 01 practIce In wMel sttpply sJstem
and it~ opelation vvhieh eonld enate, 01 in thc jndgmcnt ofthc department
may eI eatc a dMlgeI to the health and well-being of the w Mel eonsnmGl. An
example. of a health haz:ard i~ ash uettll al defect, inclnding Gl Oss-col1llections,
in a wMel suppl, systenl.
TT '/ b' -it I b' . . ,
UaL-aJ a, p tull mg. p nm mg type GlOSS-ComlcetIon In a eonsmnCl s
potable wMeI system thM has not been properly ploteeted by a vaCtmm
breakeI, air-gap separMioll or baekflow prevention device. Unploteeted
plnmbing type eloss-comleetions arc considered to be a health hazard.
LJaL-aJ d, poHtdiollal. An aettlal or potential tmeM to the physical properties
of the w Mer ~}'stem 01 to the potability of the pnblie or the eon~nIncr' s
potable. wMCI systcm bnt which wotlld eon~titnte a nui~anee or be
aesthetically objectionable or cotlld eMlse danlage to the sy~tem or its
apptlltenanecs, bnt vvonld not be dangerous to health.
LJazaJd, Jy3tem. An actual or potential threat of ~evere damage to the
physical properties of the pttblie potable wMer system 01 the eommmcr's
potable wMcr system or of a poIlntion or eontarninMion which would have a
protracted cffceton the quality of the potable WMel in the ~Jstem. Reclaimed
w MeI is included in this eMegory.
"Indnstrial flnid~ systenl". Any ~Jstcm containing a fluid or solution which may be
b.
e.
d.
Shuck trnongh passages are deleted.
Underlined passages are added.
2004-0-07
35
. .
-...
...""
chemically, biologically, 01 other wi~c eont.:tminated 01 polluted in a fOrlll or
concentration ~uch M ~ould eon~titute a health, sy~tem, pollntional 01 plumbing
hazMd ifintlodnecd into an approved vvatCI stlpply. Thi~ ll1tty inc1nde, but not be
limited to. rollttted 01 contaminated ~ater~, all typc~ ofploce~~ watGI~ MId "u~ed
~ ateI~" originated HonI the pttblie potable ~ateI ~y~tem ~ hid'lllltty have dctelioIated
in ~anitary quality, chemicals in fluid foInI, plating acid~ and alkalie~, eircul.:rtcd
cooling ~atCIS corIDeetcd to Ml open cooling to~er and/oI cooling to~er~ th.:rt ale
chcmicall, or biologicall, tleated 01 ~tabiliz:cd with toxic ~ttb~tance~, eontamin.:rted
natmal vv.:rter~ ~ueh M ITOlll well~, ~pling~, streMn~, riveIs, bttys, hcl1bors, seM,
irrig.:rtion canals or s,stems, etc, oils, gMCS, glycerine, pMaffin~, eatl~tie .:md acid
solutions MId otheI liquid and gaseous fluids u~cd in indnstrial or othel ptllpo~es or
roI file-fighting pUlposes.
(1J) "rollution". Means the pIe~enee of M'l' foleign sttbstanee (oIgM'lie, inolganie, 01
biological) in vvater which tcnds to dcglade its quality ~o as to constitute a hazcl1d or
impair the u5dulne~~ or quality of the ~.:rter to a degree which docs not ere.:rte an
actual haZ:Md to the pttblie health but which docs adversel, MId umeMonabl, affect
~ueh w ater ~ ful dome~tie u~c.
(14) "\V.:rter, potable". Any vvateI which, aceOI ding to I ccogniz:cd ~tandM ds, is safe for
hmnMI eon~umption.
'"15:l, "n T t t h1" n T l' 1 . 1:. 1:. 1 . l' 1 .
\ J vv a Cl, 11onpo a e. vv ater ~ 111e11r5 not sa.1C .101 fluman eon~tlmptron or w fllC111S
of questionable potabilit,.
(1 G) "Vv' ater, seI v ice eonncctions". The teIminal cnd of a seI v ice cOm1eetion fr om the
pttblie potable wateI ~,~tem, i.e., ~here the ~.:rtCI pm veYOI lo~e~ jtlIi~dietion and
M:nitMJ control over the ~.:rtCI .:rt it~ point of deli very to the etl~tomeI'~ ~.:rteI s,~tem.
If a metel is installed .:rt the cnd ofthe ~el v ice eorIDeetion, then the seI v ice eOm1eetion
~hall mean the dowll~t1e.:ml end of the meteI. Then should be no unprotccted
takcoff~ IT onI the ~er v ice line Mtcad of an, metel or baekflo ~ pr e v cation de v ice
loc.:rted at the point of deli v cry to the eustomeI' s w.:rtel s,ste111. SCl v ice eon1leetion
shall al~o inelude ~.:rtCl sel vice connection from a fire h,dIant and all othGI
temp01M) 01 emelgency ~.:rtCl sel vice eOm1eetion~ from the pttblie potable ~atel
~, sten1.
(17) "~Natel, u~ed". An, ~ateI ~upplied b, a watel pur vC'OI flom a pttblie potable vv.:rto
s,stem to a eOnSUnICl'S ~ater s,stem aftel it hM pMsed t1110ugh the point of deli very
MId is no longer under the s.:mitM) contIol oft11e vv.:rtel ptllve)'oI.
Sec. 19-27.1 19-25.1 Same - Requirements.
(a) Water system.
(1) The water system shall be considered as made up oftwo (2) parts: The utility system
and the customer system.
Stt tlek through passages are deleted.
Underlined passages are added.
2004-0-07
36
, .
'-"
.....,
(2) 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
ofthe utility, up to the point where the customer's system begins.
(3) The source shall include all components of the facilities utilized in the production,
treatment, storage and delivery of water to the distribution system.
(4) The distribution system includes the network of conduits used for the delivery of
water from the source to the customer's system.
(5) The customer's system shall include those parts of the facilities beyond the
termination ofthe utility distribution system which are utilized in conveying utility-
delivered domestic 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 by state laws and
regulations and this chapter. Service of water to any premises shall be discontinued
by the water purveyor 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, 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 ofthe department to determine whether cross-connections
or other structural or sanitary hazards, including violations ofthese regulations, exist.
When such a condition becomes known, the department 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 statutes 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 department, the public water system shall be
protected against backflow from the premises by installing a backflow
prevention device in the service line appropriate to the degree of hazard.
b. In the case of premises on which any industrial fluids or any other
objectionable substance is handled in such a fashion as to create an actual or
potential hazard to the public water system, the public system shall be
protected against backflow from the premises by installing a backflow
Sh tlck tll10ngh passages are deleted.
Underlined passages are added.
2004-0-07
37
,...,.
...""
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 action 19-27(c)(G) a, band c 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 section 19-27(c)(J) this article and it is not subject to any ofthe 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
approved reduced pressure principle 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
StI tick tll10ngh passages are deleted.
Underlined passages are added.
2004-0-07
38
"'-'
...."
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 department. The term "Approved Backflow Prevention Device" that
has been manufactured in full conformance with the standards established by the
American Water Works Association entitled: "A WW A C506-69. Standards for
Reduced Pressure Principle and Double Check Valve Backflow Prevention Devices,"
and, have met completely the laboratory and field performance specifications ofthe
Foundation for Cross-Connection Control and Hydraulic Research ofthe University
of Southern California established by: "Specifications of Backflow Prevention
Devices - #69-2," dated March, 1969, or the most current issue. Said A WW A 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 A WW A 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 ofthe environmental services ntilitic.s department at any premises
where backflow prevention devices are installed to have certified inspections and
operational tests made 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 environmental services ntilitic.s department. In
those instances where the supervisor deems the hazard to be great enough he 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
environmental services utilitic.s department tester. The required non-residential
backflow device testing/inspections shall be conducted bv the citv at
required/specified intervals. Said fees for inspections and tests shall be as established
bv resolution of the city council. It shall be the duty of the supervisor to see that
these timely tests are made. These devices shall be repaired, overhauled or replaced
at the expense ofthe customer-user whenever said devices are found to be defective.
Records of such tests, repairs, and overhaul shall be kept and made by the
environmental services ntilitic.s department.
Shuc.k tmongh passages are deleted.
Underlined passages are added.
2004-0-07
39
~
...".,
(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)(l), be excluded
from the requirements of these rules so long as the department is assured that they
will satisfactorily protect the utility system. Whenever the existing device is moved
from the present location or requires more than minimum maintenance or when the
department finds that the maintenance constitutes a hazard to health, the unit shall
be replaced by a backflow prevention device meeting the requirements of this
section.
Sec. ~ 19-26.
City's right to refuse service.
The city shall refuse to supply water service to any customer or structure which does not comply with
the requirements of section 19-24 +9=%6. No 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 section 19-24 +9=%6.
Sec. 19-27 - 19-28. Reserved.
Sec. 19-29. Penalty for violation of sections 19-1 through 19-28.
Any person violating any of the provisions of sections 19-1 through 19-28 or failing to comply
therewith shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than
one ($1.00) nor more than five hundred dollars ($500.00), or by imprisonment in the jail for a period
of not exceeding sixty (60) days or both such fine and imprisonment at the discretion of the judge
trying the case. Each day any such violation shall continue shall constitute a separate offense.
ARTICLE III. SEWERS
Sec. 19-39.119-30. Purpose and policy.
This ordinal}e,e, [~cction~ 19-JO.1, 19-JO.2, 19-J2, 19-J8.1] article sets forth uniform requirements
for direct and indirect contributors into the wastewater collection and treatment system for the City
of Edgewater and enables the city to comply with all applicable state and federa11aws required by
the Clean Water Act of 1977 and the General Pretreatment Regulations (40 CFR Part 403).
The objectives of this ordinance, [~cctioll~ 19-JO.1, 19-JO.2, 19-J2, 19-J8.1] ale, article are as
follows:
Stmck tmongh passages are deleted.
Underlined passages are added.
2004-0-07
40
. .
~
.....
...""
fill ffl 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;
D2l tz1 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;
10 ffl To improve the opportunity to recycle and reclaim wastewaters and sludges from the system;
and
@ t4:} To provide for equitable distribution of the cost of the municipal wastewater system.
This ordinance [scetions 19-30.1, 19-30.2, 19-32, 19-38.1] 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 oIdinance [scetions 19-30.1, 19-30.2, 19~32, 19-38.1] article shall apply to the City of
Edgewater and to persons outside the city who are, by contract or agreement with the city, users of
the city's publicly owned treatment works. Except as otherwise provided herein, the city manager
of Edge water shall administer, implement and enforce the provisions of this Oldinance [scctions 19-
30.1,19-30.2,19-32,19-38.1] article.
Sec. 19-30.2. Definitions.
Unless the context specifically indicates other ~isc, the fono~ing terms and phrases, as used in this
ordinance [scetions 19-30.1, 19-30.2, 19-32, 19-38.1], shall have the meanings hClcillafter
designated.
Act 01 "the Act". The Federal \Vater Pollution ContIol Act, also Imo~s as the Clean \Vater Act, as
Cl111.ended, 33 U.S.c. 1251, et scq.
ApI), uh..! anthol ity. The diIeetoI in Cl11 NPDES state vv ith Cl11 approved state pI etreatment pIOgICl1l1
and the administlatoI of the ErA in a nonNPDES state 01 NPDES state ~ithottt an approvcd state
pretreatment progranl.
Anthol ized 1 epl e.Je,ttatilJe o:/'ind'tf.Jt, fal nUl. An anthOliz:ed IepIesentati v e of Cl11 indi vidual tlSCllllay
be (1) A principal exeeutivc officer of at least the level of vice-president, if the industrial tlSCI is a
corporation, (2) A gcneral partner 01 proprietoI if the industrial use! is a pCl11:ncrship 01 a
StItlek tmotlgh passages are deleted.
Underlined passages are added.
2004-0-07
41
....,
...."
proprietorship, lespeetively, (J) A duly lttlthorize:.d lCple:.scnt<'ttive is re:.sponsibk for the:. overall
ope:.l<'ttion ofthc facilitie:.s :from ~hkh the indirect diseha1ge oliginates.
Bioclzl-Iflica: MY5l-n d~lf,a,,": (BOD). The qUa11tity of oxygen utilized in the:. bioehemie:.al oxidation
of 01ga11ie nurttCI ullde:.r standard labor<'ttory proeedule:. in five:. (5) dirys <'tt 20 C, e:.xplCssed in
milliglams pel litel.
BttiM),'ng dt aih. That pa1t of the:. piping of a building ~hie:.h collects waste:.watel inside the vvalls of
the building a1ld con v eys it to outside the building ~ all.
BttikAng uwel. The extension from the building drain to the public sewer 01 other place of disposal,
also called house e:.onnection.
CategOl lea: Mandai de;. N<'ttional Catcgolical rlctlC<'ttment Standards 01 rlCtre<'ttmcnt Standard.
Gll-Iflica: oxygen dl-11lalld (COD). A Ine:.astlIe:. of oxygen e:.quiv aknt of that portion of the organic
matte:.l in a sample that is stlsccptibk to oxidation by a strong chemical oxida1lt.
City. Thc City ofDdge:.~ater or the city coullcil.
City nza"c.5l-1. The person designated by the:. city council to administe:.r all city aeti v ities.
Cry CO/AtlciJ. The duly electe:.d officials of the City ofDdge~ateI.
Coo:ing PMtel. The ~ate:.l discharged flom arlY use such as air conditioning, cooling or rdiigeurtion,
or to vv hich the:. only pollutant added is heat.
CO,II/oJ a/Atholity. The telIll "control cmthor ity " shall rder to the administrator if the city has an
approved pretIe:.atIllent progranl under the:. provisions of 40 CPR 40J.l1.
CttJ,(Ol1lel. Every person ~ho is re:.sponsibk for contracting (expressly or implicitly) ~ith the city
in obtaining, having or using sc~er connections ~ith, or se:.wer taps to, the:. sewer system of the city
and in obtaining, having 01 using vv<'ttcr and othcr rel<'tted services ftlIl'lishcd by the city for the
ptlIpose of disposing of waste.water and se~age. tmough said systcm. Said terms shall illdude the
occupants of each unit of a multipk family d~elling unit building as a separate. and distinct
customer.
D;, o:-et diJcllul'ge. The. discharge oftlCMcd or untlCMcd ~aste~MCl directly to thc ~atcrs of the State
ofPlorida.
StItlek tmough passages are deleted.
Underlined passages are added.
2004-0-07
42
'-'
"""-"
Ea3efflellf. An acquired kgalright for the specific use oHand o~ned by others.
EIlt-;'01ltllellfal.l~otea;oll Agetlcy, 01 E.lnA. The US. environmental Protection Agency, or ~hcre
appropriate thc tam nury also be used M a desigllMIOll for the admlnistlMor or other duly anthoriz:ed
official of said agency.
r;" t b' "' e'l f. . l' 1
.1 .oa c. .e ot.. r, M or grcMc In a p lysrea stMC such that it ~i11 separc'rte by gravity from
wMte~MGl by treMnlent in an approved pretleMtllent faGility. A ~Mte~c'rter shall be considered flee
offloatabk fM ifit is properly pretreMcd arId thc vvMte~Mer docs not interfere ~ith the collection
sy~tem.
F;u.5n toilet. The common sarlltar) flu~h cOnllllode in general use for the disposal of hmnan
exa elllent.
Ga,bage. The arlimal and vegetable ~Mtc resulting from the handling, preparMion, eOCtking and
serving of foods.
Glab M,llp;e. A sample ~hieh is taken flom a ~Mte stream on a one-time bMis with no legard to
the flo~ ill the ~MtC ~tIearn and vvithont considelMion oHinlc.
TT "fft T1 H 1 . e E' 1 H .
1.1 ead,l OJ eel. Ie v 0 USIa otmty n v II OmllGnta Ilea t 1 D II cetol.
J}oMillg funk vMMe. Any ~aste fiom holding tarlks snch as vesscls, chenlical toilets, carnpers,
trailers, scptic tanks, and vacumn-pump tank tItleh.
Jlldilut di.5chalge. The disehargc or thc introdtlction of non domestic polltltants from any somce
rcgulc'rted undel Section J07(b) or (c) o[the Act, (JJUS.C.1J 17) into the POT\V (including holding
tallk ~astc discharged into the sy~tcm).
JlldttJt, ;al UUI. A sCtmcc ofindilcct discharge ~hich docs 110t constitute a "discharge ofpolltltallts"
undcr regtlli\tiCtns issued pmsuant to Section 402, ofthe Act (JJ US.C. 1J42).
JnduMlfal vvaMe.5. Thc ~astc~Mer from industrial proccs~cs as distinct from donlcstic or sanitary
~ astcs.
Jndtl.5tl fa; vvaJte .5ti1 charge. The chargc madc in cxccss of thc S('~CI scr vicc charge for all
wast('~M(,r OvcI and abovc normal \l\>Mte~MCI.
Jlljiitlatfoll/;,.jlOvtJ. GIOtllld~at(,r and smfitCe ~Ma vvhich leaks into the sc~as throtlgh cracked
pipes, joints, marmoles or othcr openings.
Strtlek tlllough passages are deleted.
Underlined passages are added.
2004-0-07
43
'-'
-.""I
-,Tnte,fi,ena. The inhibition 01 di~rttption of the. POrN tleatmcnt proee.~~e.~ or opeuttion~ \l\ihich
contributc~ to a viollttion of any rcqnire.l'll(.11t of the cit:y'~ NI'DDS pelmit. Thc te.lm indude~
prcvention of~e\l\iage ~ltldgc tl~C 01 di~po~al by the rOTVI in accOldanee. \l\iith 405 of the Act (JJ
U.S.C. 1345) 01 any criteria, gtliddine~, or lcgulations devdoped ptlIsuant to the. Solid WMtC
Dispo~al Act (S\\TIA), the CkanAir Act, the Toxic Sttbstanees Conttol Act, or mOle stringent statc
clitcria (indnding those. contained in any statc slndge managcment plan plCpMCd ptl1suant to Titk
IV of S'NDA) applicable to the method of di~poMl or usc employed by the POrN.
~Tt' '6 . Tn .1:! 1 J
1 va ,ona, ategol ,cat -' 1 et, eatment utallaal a OJ pI eN eatthent Manda; d. Any IGgtlllttion de v doped
under the authOlit, ofJ07 (b) of the Act and 40 CPR, Section 40J.5.
Hatula: outtet. Any Otltlet, including stolm sewcrs and eombine.d sCwcr overflovvs, into a
vvatelCOtlrse, pond, ditch, lake 01 Oth"l bod, or surface. of glonnd\l\iltteI.
}./e vI> .sow a. Any sonICC, thc constt tletion of \l\i hich is eomnlenced aftGr tft" pttblielttion of proposed
legulations prescribing a Section J07 (c)(JJ U.S.C. 13 17) Cltt"gorical Pretrclttment Standards which
\l\iill be applieitblc to such sOUICC, if Stich standMd is tft"lcaftcr promulgltted vvithin one. hnndrcd
t\l\ie.nty (120) dirys of pI oposa 1 in the PcdGal Regista. \\'hele th" stMIdMd is plomtllgated lata than
one Imndtcd t\l\icnt, (120) dirys aftel proposal, a nC\l\i source means M}y somee., the constlt1ction of
\l\ihich is commcne"d after thc dlttc ofpromulglttion of the standMd.
AT " HT d' I d' I' . I . I I
lVOI ntatJtft!.ngtrl vvaJtevtJatel. vv MtC\l\iatu IsC }atge Into t Ie samtary s\l\i e\l\iel 5 III \l\i 11C} t 1G avcrage
coneentr ation oHotal suspend"d solids and DaD is not nlor c than t \l\i 0 htlndr cd fift, (250) mgJ'l, total
phosphoItls is not morc that} fiftcGll (15) mgJ'l, total Kjdda:hlnittogcn is not more that} thirt, (JO)
mh/l, and total flo\l\i is not morc that} t\l\icnty-fivc thOUSatld (25,000) gallons pcr diry.
-,nel'JOn. Any individual, pmi11ership, co-pattn"rship, firm, company, gOvellmlcntal entit, or any
OHI"1 legal (.11tity, 01 HIcir kgal rcprcsentlttive~, agcnts, or assigns. Thc mMetIline gendcr shall
indude. the feminine, thc singtllM shall include the pltlH.1 \l\ihcre indieltted b, th" context.
-,nII. The 10gMithnl (base 10) ofthe reciprocal of HIe concentration of hydrogen ions expressed iIt
grams per litcr of solution.
1nO::ttt;011. Thc num-nlade or man-induccd alteration of tll" eh"mical, ph,sical, biological, atId
ladiological integrity of watCI.
FoNutant. Any dredged spoil, solid vvMtC, incinelator rcsidu", sevvagc, gMbagc, sevvagc sltldge,
StItlck trnongh passages are deleted.
Underlined passages are added.
2004-0-07
44
'-"
......
mnnition.5, chemical ~ a.5te.5, biological nUtlerial.5, radioc'leti v e materiah, heat, vv reeked or di.5eh41 ged
eqnipment, rock, .5and, edlM dirt 411d indn.5tIial, mtmicipal and agrienltmal ~Mte di.5eharge into
water:
1'1 ell ecdmelll 01 If ealmmt. The r cdnetion ofthe amonnt of po11ntant.5, the elimination of pollntant5,
or the alteration ofthe natme ofpo11ntttnt5, or the alternation ofthe natnre ofpo11ntant plopertie5 in
~Mte~ater to a le55 harmfn15tate pli01 to or in lien of di.5ehMging 01 othCl vvi.5e introdncing .5neh
pollutant5 into a porN. The rcduetion 01 alteration can bc obtained b, ph'5ieal, chemical 01
biological prOee.55e5, 01 b, prOee5.5 d1411gC..5 or other mean5, except M prohibited by 40 erR Section
Part 40J.6(d).
1'1 elf eat/Hent I eqtdl emellt.s. Arty .5ttb.5tMIti v cor proeedmal reqnirc.ment rdatGd to prc.tIc.atment, othCl
than a National PretreatmGllt Stand41d imp05ed on an indn.5trial n5c.1.
I'hblidy ovvrled Ilealfuent .Mlles (FOTW). A tICatmc.nt vvork5 M ddinGd in Section 212 ofthG act,
(JJ U.S.c. 1292) ~hieh i5 o~ned in thi.5 in5t411ee by the eit,. Thi5 ddinition indudG.5 MI' 5G~er5
that c.onvGy ~MtGvvatc.r to the porN trGatment plant, bnt doe5 not inclndG pipc..5, 5evver5 01 other
collveyanee.5 not connected to a fc'lCility providing treatment. FOl thc pnrp05e.5 ofthi5 oldinanee,
"POrN" .5ha11 a150 inclnde 411Y .5G~er.5 that convcy ~Mte~ater5 to the POT\V from per.50115 ont5ide
the city ~ho Me, by contract 01 agreement vvith the city, n.5er5 of the city'.5 POrN.
I'OTW tJ eatmenl pJ-afd. That portion oft11e POrN de.5igned to provide treatment to ~Mtevvater.
I'ubJic jevvel. A common 5e~Cl controlled by a go v ermnental agcnc, ofpnblie utilit,.
Sanitcuy .serve,. A .5G~Cl that cMrie.5liqnid and ~atCl-G41,ied ~MtC5 flOm re.5idcncc.5, commercial
bnilding.5, indnstlial pl41rt.5, MId institntion.5 together ~ith minor qnantitie.5 of ground, 5torm and
.5nrfc'lee ~ater.5 that Me not admitted interrtiona11,.
Sepl;C tank. A 5ttb5mfaee imper viOtI5 t411k dG5ignc'ltcd to tempor41il, retain .5C~agC or 5imilM
~ ate1 bome vv MtC5 together ~ ith.
(1) A 5C.~Cl linG conshtletion ~ith .5olid pipc, ~ith the joints sGalcd, connecting the
imper v ions tank vv ith a plnmbing stub ont, and
(2) A .5ttb.5nrfc'lCe s'.5tGm oftIendle5, piping and other materia15 GOn5tr tided to drain the
clmified di5GhMge from the tank and di.5tribttte it tmdergronlld to be ab50rbed or
filter cd.
Sev>Jage. The 5pcnt vvatcr ofacommm1it,. The eqni valent term i5 "~Mtc.~ater" (5ce Section 1.2.GO).
Shtick tlnongh passages are deleted.
Underlined passages are added.
2004-0-07
45
'-"
"""
Sevl!e,. A pipe 01 conduit thM ca.nies ~MtCvvMCl.
5:' 11' d t . ..
,lau IS num a. ory, ,nay IS peIMlssIve.
SigttificcmU'ldtdtJ ial tl-Jel. Any industlia.l USCI ofthe city's vv astcvv ate1 disposa.l system ~ ho (1) has
a. dischatgc flovv oft~enty fivc tf10usand (25,000) ga.llons 01 mOle pel a.vCIa.ge ~olk d.:ry, 01 (2) hM
a. flow gteMCI thatl fi vC (5) pelCeltl ofthe flow in the city' s ~aste~Mel t1eatmcnt systeM, 01 (3) has
in his ~astes toxic pollutants a.s dcfined ptllsuant to Section 307 oftlIe Act of]lloIida. Stattltes and
Itlles 01 (4) is found by the city, (State Contlol Agcncy) 01 the U.S. .Envil0nnlC,nta.l rlotection
Agency (.ErA) to ha.ve significant impact, eitbeI singly 01 in eOMbinMion ~ith othel contlibuting
industlies, on the ~aste~MeI tleMMent system, the qua.lity ofsludge, the system's efflucnt qua.lity,
01 a.i1 emissions gcnelMcd by tf1c system.
Slr:.g. Any disehatge of ~MeI 01 ~Mte~McI vvhieh in eonecntIMion of atlY given constituent 01 in
quantity offlow exceeds foI atry peliod of dtllMion longel than fiftcen (15) mintttes mOle than fi vC
(5) times the a.vela.ge Mcnty-foul (24) hOUl eoneentla.tions of flo~s dtlling nOI111a.l opeultion a.nd
sha.ll a.dvelsdy a.ffeet the collcction system and/or pClfolmatlec of the ~aste~atCI facilitics.
State. StMc of]llotida.
StalldaJd .tJldr:.JtJial GaJJ;jicatioll (8}C). A cla.ssificMion pmstl.'1nt to the Standatd IndustIia.l
ClassifieMion Mat1tla.l issued by the Executive Office of the rlesident, Officc of Mana.gement atId
Dudget, 1972.
Stolln dlaill. Sometimes telms StOIM sc~el, it sha.ll mcan a. dra.in 01 se~cI fol convcying wMel,
groundvvMcI, sttbsmfaee ~Mer, 01 unpolluted wMeI flom atlY SOUlce.
8tOl 11lvl!ate,. Any flo~ occurring dming 01 follovv ing any fOlIn ofnMmal precipita.tion and Iesulting
thclcflom.
8ttJpended JolidJ. Tota.l stlspcnded matteI thM citbel floats on the smface of, 01 is in suspcnsion in,
~Mel, vvastcvvateI, 01 otheI liquids, and t11M is Iemovable by la.boIMory filtcling M plesclibed in
"Standmd Methods ofthe .EXat1'linMion of'NMel and 'vVastcvvateI" a.nd leielIed to M nonfiltelable
1 csiduc.
Toxic pollutant. Any pollutant 01 combinMion of polluta.nts listed as toxic in IcgulMions
plonmlgMcd by the adrllinistlMoI of the EnviIomnenta.l rloteetion Agency (.ErA) tIndCI thc
p10vision ofCS\V 307(1) 01 OthCl Acts.
Unpolluted vMtel. \VMeI of qua.lity cqtla.l to 01 bettel than thc effluent elitclia. in cffeet 01 ~ateI that
Stmek tlnough passages are deleted.
Underlined passages are added.
2004-0-07
46
~
.....,
~otlld not CM1~C viol<ttion of 1(,cdv ing, w<tter qtlality ~tandMd~ and wOtlld not bc benefitted by
di~ehMge to the ~anitary ~ewel~ and waste.w<tter tIe.atnlent fadlitie~ provided.
UU./. Any person who e.ontribtrte.~, eM15CS or permits the e.ont1ibtltion of vvastevv<tter into eity
rOT\V.
Wa;Jte.~atel. The. ~pellt vv<tter of a eomnumity. Prom the standpoint of ~OtlIee, it may be a
eombin<ttion 0 f the liqtlid and w <ttel eM r ied w aste~ fi om r esidenee~, commer eial b tlilding~, indtl~tI ial
plant~, c'l1'ld illstittltion~, togethcl with any g,lotlndvvMCI, ~tllface w<ttel and ~tollllw<ttel that Incry be
pr e~ent.
Sec. t9-3-6 19-31.
Equivalent residential unit (E.R.U.).
(a) Residential. Each single-family residence served by the city through a single sewer service
and/or water meter shall be one equivalent residential unit. Ec'lCh w<ttel meter, othcl than the
fir st, pIO v idcd to sel ve a singlc- fMllily r esidcne.e as An irrigation meter will be exempted
from the sewer charge.
(b) Rooms, apartments, mobile home spaces. Each residential room, combination of rooms,
apartment, or prepared mobile home space that includes connection points for sewer and/or
water service that is owner 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
elsewhere in this chapter, the number of equivalent residential units shall be computed by the
building official using the fixture unit count as defined in the most recent data published by
the Ten State Standards, Florida Building Code, Plumbing 2001, Florida Department of
Health or Florida Department of Environmental Protection permit application. Amcliec'l1'l
~.V<tter '.Yorks Assoei<ttion MId the following fOlllltlla.
TotalntlInber ofPixttlIe Units X 25 gpd/PixttlIe Unit -
Total gpd E.R.U.'~
225 gpd/.ERU
The City of Edgewater's adopted level of service (LOS) for wastewater flow is 95gpdc, or
237.5 gpd per ERU.
(d) Combin<ttion accomrt~. Aeeotlnt~ thM contain both residential and eommclcial facilitie~
set ve.d tmotlgh a eomnlon mcter mcry be treMed as eithcr residential or nomcsidential
v.hie-hcver method of comptltMion restllt~ in the lMg,est ntllnbel of eqtlivalcnt rcsidmtial
~
(e g) Changes in E.R. U 'so If a building permit is issued for an existing nonresidential,
commercial or industrial connection which will increase v. Mel or sewer demand, or if a
Str tiek th1otl~h passages are deleted.
Underlined passages are added.
2004-0-07
47
'-'
.."""
building changes from residential to nonresidential occupancy, the net change tClt~ll1tlnlbCl
ClfE.R.D.'~ in gallons generated for the old and new parts ofthe facility shall be computed
M Cltltlilled in ~tlbjcetion (,,) ofthi~ ~cetion. The llmnbcr ofne~ E.R.D.'~ ~hall be determincd
by subtracting the old E.R.D.'~ gallons generated from the total E.R.D.'~ gallons generated
in the entire facility. The fee will be assessed on the number of new E.R. D. ' ~ gallons
generated. A~ an exanlplc, if an "xi~ting btlilding contained one htmdlCd fift, (150) fixttlle
tlnit~ and ~as eXPMldcd to tmce Ilt1lldtcd (JOO) fixttlIe tmit~ MId ~as expanded to tInee
htlndred (JOO) fixttlle tlnit~, the fce would cqtlal (JJ E.R.D.'~ to 1 G E.R.D. '~) 01 17 E.R.D. '~.
(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.D. minimum for in-city, or if applicable, out-of-city accounts for each equivalent
residential unit. lc~~ fifty cent~ ($0.50) fur eaeh cqtli valent re~idential tlllit in exee1\~ of one.
Monthly water allowance under the minimum billing will be equal to one current allowance
for single service per equivalent residential unit.
The cqtlivalcl1t re~idential tlnit mininltllll "hMge applie~ whethel all 01 an, portion of the
living l:111it~ Me owner oC"ttpied, lenter oeettpicd 01 vaGMlt.
Sec. t9-:3t 19-32.
Owners, occupants of property abutting sewer system required to
connect.
The owners or occupants of lots or parcels abutting on a sewer main, or which can use the services
and facilities ofthe sewer system ofthe city, are hereby required to connect with and use the services
and facilities of said sewer system. Such connection shall be made vv hen a prior to the certificate
of occupancy ~ being issued or prior tCl Butt date as ~pprovcd by the dty. 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 sewer mains. If the unit was already occupied when service was made available, then
the connections shall be made within ninety (90) days ofthe date service becomes available. In any
event, all property owners abutting the city sewer shall connect to the city sewer within ninety (90)
days ofthe date service becomes available. In.my "vent, all ploperty Ownel~ abtltting the city ~e~Cl
Str tl"k tInOtlf;h passages are deleted.
Underlined passages are added.
2004-0-07
48
-.",
....."
~hall COlmcct to the cit, llc.~cr within (90) d~ll ofthc. d1rtc ~c.r vic.c bcc.omc.~ available.. In an, c.vc.nt,
all propcrry o~ncrll abuttirlg the cit:y ~c.~a llhall COlmGct to the ciry ~c.~cr ~itllin ninc.ry (90) d~~
ofthe dfcctivc d~c ofthill article unk~~ other~i~e ltCccptGd hc.rein The unit shall be liable for all
impact fees. Provided, however, that no person shall be required to cross private property of another
to make such connection or connections to the municipal sewer system.
Sec. t-9-3Z 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 sewage collection and sewage treatment facilities without a written permit
issued by the proper municipal authorities and without payment of all rates and charges
required by the city for the use of such facilities.
(b) A separate and independent building sewer shall be provided for every building, except
where one building stands at the rear of another on an interior lot and no private sewer 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 sewer, 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 sewers may be used in connection with new buildings only when they are
found, on examination and test by the city to meet all requirements of this section.
Sec. t9..:a 19-34.
Connection charge.
Any sewer connection to the city sewer system shall be charged a minimum fee of one lmndrcd and
fifty dollMll ($150.00) 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 oflabor and materials only.
Charges outside the city shall be in amount equal to the equivalent charge for a corresponding
connection inside the city limits plus a twenty-five (25) percent surcharge as allowed by applicable
state statutes.
Sec. t9-3419-35.
Sewer service bills.
All bills for sewer service charges shall be incorporated in the water bill and shall be payable in
accordance with section 19-13. The sewer service charge shall become effective as to each lot or
parcel of land connected with the utility upon the construction of all connections thereto in the
sanitary sewer serving such lot or parcel, or the availability of such sanitary sewer to serve such lot
or parcel, or the availability of such sanitary sewer to service such lot or parcel connected with such
sanitary sewer; provided, however, that as to new construction, sewer service charges shall accrue
upon in~tallation ofthc vv1rter meter issuance of the certificate of occupancy (CO).
Struck tll10ngh passages are deleted.
Underlined passages are added.
2004-0-07
49
--
"-f
Sec. t9-3519-36.
Schedule of monthly charges.
The follo~ing ~c~{,l Sewer service charges shall be based on water consumption as determined by
the monthly water meter readings-:-. Sewer rates shall be as established by resolution of the city
council.
(a) (1) 11l~ide cit, limit~.
Monthl) mctelCd vv atcr u~agc (gallon~)
Rate for Dill~ Rendered on and After
June 1,
1991
Oet. 1,
1991
Oct. 1,
1992
Oct. 1,
199J
Oct. 1,
1994
2,000 gallon~ or
le~5, minimum
$8.10
$8.65 $9.05 $9.55 $9.55
Dxee5~ of 2,000
2.G5
2.79 2.99 J.18 J.18
Da.:h monthly bill ~hall be rendered for an anlount of not le5~ than the mini1lltlm bill r efell cd
to above in thi~ ~cction ~hich ~hall allo~ ~Mte~ater ~cr vic.e oft~o thou5and (2,000) gallon5
of meter ed ~ ater ~eIv iee per month.
(2) Otttjid~ city :imitj. The ehatge for ~aste~ater ~er v ice otlt~ide the city limit~ 5hall be
in an amount equal to the equivalent rate for conc~ponding ~Mtevvater tl5age in5ide
the city limit~ plu~ a t~mty-fi ve (25) pereGnt ~tlIchatgc as allo~ed by applicable 5tate
~tatutc~.
(b) A[A:t;ple millimAtH (lzal'geJ.
(1) Minimum ~c ~ cr ehatgc vv her c a ~ingle ~ atcr meta in~tallation 5cr v c~ multi-
lC~ideIltial tmit~. A nlulti-Ic~idcntial unit indude~ rc~idclltial dvvdling~ oftvvo (2)
01 morc tlnit~ and include~ to~nhou5e~, apartmcnt~, dttplcxc~, condominium~ and
mobile home path, all of ~hieh ate 5eIvcd by a ~ingle ~ater meter. Da.:h meter
in5tallation ~er ving multi-rc~idential tl1lit~ ~hall be allo~ed to U5e MO thou~and
(2,000) gallon~ per unit per month. The monthly ~astevvater ~cr v icc chargc ba~ed
on metacd potable ~ater in5idc the cit) limit5 to mtllti-rc5idential unit5 i5.
Rate~ for Dill~ Render ed On and After
June 1, Oet. 1, Oct. 1, Oct. 1, Oet. 1,
1991 1991 1992 199J 1994
POI Unit of Dilling $8.10 $8.G5 $9.05 $9.55 9.55
Struck th10ugh passages are deleted.
Underlined passages are added.
2004-0-07
50
,.,.
..."""
Each additional nnit
SCl vcd by a ~ingk
VI ato mctCl 7.60 8.15 8.55 9.05 9.05
DXGc~~ of 2,000
Callon~ pCl 1,000
Callon~ 2.65 2.79 2.99 J.18 J.18
Ratc~ [01 Dil1~ RGlldGlCd On and AftCI
JmlC 1, Oct. 1, Oct. 1, Oct. 1, Oct. 1,
1991 1991 1992 199J 1994
2,000 gallon~ 01 k~~,
mInInlnm $8.10 $8.65 $9.05 $9.55 $9.55
:Uxcc~~ of 2,000
Callon~, pCl 1,000
Callon~
2.G5
2.79 2.99 J.18 J.18
b. Ont~idc-of-thc-city nlonthly mnltipk mininlnIn chmg,c. Thc ot1t~idc-of-thc-Git)i
monthly mnltipk minimnnl chmgc ~hall be in an amonnt Gqnal to the cqtli valent late
fol ~G~el ~Gl v ice dlatgC~ in~idc thG cit)i linlit~ pln~ a fvvenry-fi vC pe1GGllt stlIGhatgc
M allo~ed by applicable ~tMe ~tMntc~.
e. NOll1c~idcntial indn~tlial 01 ~clviCG aCCOt1I1t~ in atGM ~C1 vcd by p1i vMdy 6wned
~a~tevvMCI ~y~teIn~ ntiliz:ing the city ~y~tCnl 61 ~Cl viee~ ~hall be ~ttbjcct to a
mininmm ehatge for cach ~cpmMe n:6rnc~idcntial nnit whcthc.1 owneI 01 1cntGl
OCGttpicd 01 vac.ant.
Sec. t9-3619-37.
Making or maintaining connections for disposal of certain substances
prohibited.
No person shall make or maintain any connection with any public or private sewer, or appurtenance
thereof, whereby there may be conveyed into the same suffocating corrosive, inflammable or
explosive liquid gas, vapor, substance or material.
StI t1Gk th16ngh passages are deleted.
Underlined passages are added.
2004-0-07
51
,..
....
Sec. t9=3719-38.
Acts or deposits of substances which impair, obstruct sewer flow
prohibited.
No person shall do any act or thing which may impair or obstruct the flow to any public sewer or
clog up any appurtenance thereof, or place therein any substance, solid or liquid, other than the waste
products for which sewers are provided.
See. 19-J8.
Sewel system eapiti'tl implo v ement aecotlnt.
(i't) A sewer system ei'tpiti'tl implOvenlent aecomlt is established pmstlal'l.t to Section 17-
501.61 O(b), f110ridi't Administurti v e Code, to acctlmtllate the cqtli v i'tlent futulG v i'tlnc of the
Sti'tte Sllli'tll Commtlnities Trtlst f1nnd g,lant onwo nlillion mo Imndtcd twenty-six thotls,md
fom Imndred twclve dollMs ($2,226,412.00). For the ptlIpose of this reqtlilement,
acettn'ltllation of the eqtli v i'tknt fntme v i'tltle of the g,l MIt MnOtlnt shi'tll meMI toti'tl deposit1l
dtlling, the desig,n life of the project. Ftllfillment of the eapiti'tl improvenlent aeconnt
rcqtlirement will be bMed on the toti'tl anIount of the deposits li'tther than the toti'tl vi'tltle of
the i'teeotlnt. Investment income resulting flom the deposits shi'tll beeonle PM;: ofthe aCCOtlnt
and shi'tll be subject to the provisions fol withdri'twi'tls.
(b) Capiti'tl implo vement shi'tllnot include thG 1 eplacGnlent or 1 Gpi'til of eqtlipment, i'teees1l0rie1l,
01 appnrtenMlces necessary to nIi'tinti'tin desig,n capacity MId perfulll1anCe dming, the design
life of i'tll trGatment wOlks. IIowGver, eapiti'tl implovenlGnt may inclnde snch lCpi'tir MId
rcpla(,ement if the, Me part of i't ttGatment pl.mt or pnnrping, station Gapacity expansion, 01
npgri'tdc necessary to meet nIOrG stringent effltlent limitations reqtlired by a lCg,tllatOly
i'tgeney, 01 MG nc(,essiti'tted M the lesnlt of m.m:1lladG or natmi'tl disMtels. Deposits MId
withdti'twi'tls from the aeCOtlnt shi'tll be go veIned b, the fullovving plovisions.
(1) RGvGnne shall be deposited <m1ltli'tlly (or, at the city's elcction, or a nlore flcqncnt
basis) into th(, SGWGl system Gapiti'tl improvGment i'tecount not hrtel thMI the end of
ei'teh one YGM period bGgimIing with the dC!te of initiation of operation of the
complete gr Mlt funded trGi'ttnrent works. ThG amonnt ofthe r eqnir ed yeM ly deposit( 11)
shi'tll be determined i'teCOl ding, to the follo wing, fornlnla.
D GAr i;l I ~L-+
~( II):+.J
TllislCqtlilGlll"llt ~M waived by th" Stat" as a leStllt of Angie, DICvvGl, OUI plOjCCt Lnallc~al
stattls rGporter fur the CIT.
\Vhere.
D ThG anlOtlut oftoti'tl ,eMl, deposit(s) $22J,J09.00
Strtlek tlnongh passages are deleted.
Underlined passages are added.
2004-0-07
52
....
.....,
C - ThG gumt MllOtlllt"'-- $2,226,412.00
DL ThG dG~ign lift (in YCM~) ofthG gumt fmlded pIOjGCt "'-- 20 YG2lH
i "'-- ThG pLOjGeted MInnal inflation UtlG, vvhieh i~ ~et M 7.8 pGIecnt.
(2) Revenue may al~o be. depo~ited on otheI thMl an amitlal basi~ plovidGd the total
amOtlnt dcpo~itcd i~ eqnal to, 01 gtGMGl thMI, the ~ttlU oftllG depo~it~ I eqtliIed M that
time. rICpc!)lnlent~ to thG aCcotlnt Me allovvablc.
(J) The city may teIminate dcpo~it~ to thG aeeOtlnt vv hw the ~tlm of all depo~it~ Gxeeed~
(or i~ eqtlal to) fom million fom lltlndICd ~ixty-~ix thotl~and one lltlndlCd Gight
dollaI~ ($4,466,180.00) the. amOtlnt detelluined by mnltiplying "DL" by "D", vvhGle
"DL" MId "D" Me as dc~cIibed abOve.
(4) The aeo tIcd fnnd~ ~hall be n~ed only f\,,)I ~MlitM) ~evvCI ~ystem capital impIo vemcnt~
and may be ~ithdravvn and n~cd MlytinlC f\,,)I this pt1IpO~C. Since stlGh ~ithdla~n
fmld~ IepLG~ent pIcvionsly collected ICvennes (and income eMned therc\")n), the
MnOtlnt of ~ithdIa~n ftlllds need not be replaced 01 Ietmlled to the ec'lpital
impIo v cment ace\") mIt.
(5) A:rry pM1 of the SC~Gl ~y~tem capital imprOvement aceonnt may be inc1ttded ~ithin
a pooled cash sy~tcm foI investment ptllpo~es or vvithin a capital imprOvement
aeCOtlnt tlndeI a bond plogIam, prOvided it is pledged soldy to sevver system ec'lpital
impl0 v enlents and its identity is maintained tin ongh sepaIMe aecotlnting. The se vv eI
~ystem capital iInprOvGmcnt acconnt shall not be pledged or tlscd fOl any otho
ptlI poses. Thi~ pIO v ision shall not mtthoriz;e any de v iMion fiom the I eqnirelllents of
this section 01 bond COvenants.
(6) The city ~hall sttbmit to thc Florida DcpMtrnent of EnviroMlcntal RegnlMion for
eaeh fiscal yeM, ecrtificMion by a ce.I1ified pttblie aceonntMlt that the se.~eI system
ec'lpital imprOvement accotlnt is maintaincd ill accordance vvith Chc'lpteI 17-501,
l'loIida AdministIMive Code..
See. 19-38.1. PI hate -nastewatel tI eatment and disposal facilities.
\\'11CI e a pOOlic sanit<tl y se vv cr is not a v ailablc, the bnilding se. ~ Gr shall be connected to a pI i vate
~ aste vv MeI dispoMl systcm comply iug vv ith the pro visions ofthis section. No pGISOn shall constI tIet
a vvastevvMGI disposal facility vvithont prioI c'lpploval flom thG city. The availability of SGvver is
dGfincd in Section 19- J 1.
(1) The typG, capacities, location and layont of a pIivMe vvaste~ater dispoMl system shall
conlply ~ith all IegnlMions o[the DcpMtmGnt of Environmental Regulation o[the StMe of
StrtIGk tInongh passages are deleted.
Underlined passages are added.
2004-0-07
53
......
..",
frlorida. No peImit shall be isstled fuI 1l11)' private vvaste~ater disposal systcm employing
sttbstl1faec soilabsoIption faeilitics ~herc. the ll1ea of the lot is le.s than t~ent)' thotlsand
(20,000) sqtlll1e fect.
(2) At such timc M a ptlblie sevvcr becomes available. to a propert)' Sc.Ivcd by a private
vvaste~atel disposal system that hM faile.d, a direct eOlmeetioll shall be mitdc to the ptlblie
sewCI ~ithill thirty (30) d~s aftGl noticc. The o~ncr(s) of thc privatc systcm shall be
responsible fur the proper ab1l11donmcnt ofthc facilities in accoldancc with all applicable.
la~s and rcgtllations.
(3) The owner(s) shall opelate 1l11d maintain the private vvMte~ater disposal faeilitiGs in a
sanitary manncr c'tt all times, at 110 expenSG to the eit,.
Sec. 19-39. Penalty for violation of sections 19-30 through t9-3719-38.
Any person violating any of the provisions of sections 19-30 through t9=37 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 one dollar ($1.00) nor more than five hundred dollars ($500.00), or by imprisonment in the
jail for a period of not exceeding sixty (60) days or by both such fine and imprisonment, at the
discretion of the judge trying the case. Each day any such violation shall continue shall constitute
a separate offense.
ARTICLE IV.
Il\fPACT FEES FOR MUNICIPAL 'llATER SUPPLY AND 'YASTE
'llATER TREATMENT FACILITIES EXTENSION
See. 19-40. Definitions.
As w;cd in this article, the fullo ~ ing ternlS shall ha v e the r espeeti v e me1l11ings aser ibcd to
thenr.
Eqh;M:(,llt I (,jickJdial unit (E.R. U). The follo~ing is a ddtnition of cqni v ale.nt rcsidential
tmit (D.R.D.).
(a) R(,~identia:. Dach single-famil, rcsidence sel vcd by thc eit, til10tlgh a single sCvvcr scr vice
and/Ol watcl meter shall bc one cq ni valent r Gsidcntial nni t. An ill igation mGtcr ~ ill bc
considcr Gd to be Ml D.R. D. 1l11d vv ill bG r cqtliI cd to pay an impact fCG.
(b) ROOfflJ, upal t,M.lltJ, lIlobi.'-e }WIIl(, J}/aaJ. Ditch rcsidcntialloom, combination of 1001115,
apartmwt or prcparcd mobile hornc space that includcs cormcGtion points for se~Cl and/ol
vvatcr SCl v icc that is 0 ~ nGl ocenpicd, offer cd sepm atd, for 1 cnt as a r cntal tlnit, 01 v itGant
shall be onc eqtli valent r Gsidwtial tlnit.
Str nek tlnongh passages are deleted.
Underlined passages are added.
2004-0-07
54
....
...."
te} ~ T . J t . J . J J' J . J F . d . .
1 vOM eJ,well la., commel cia. alia l,um.st., ICit. 01 nome~l entIal n~e~ not ~pcClfieally dcfined
d~ew hCle in thi~ ehaptCl, thc nnlnbel ef eqni v alent lc~idcntial tl11it~ ~hall be eemputed by the
~~il~~lg official nsing the fixtnIe nnit cemt M defin"d in the llle~t leeent data pnbli~hcd by
the Anleliean "tv\' .nel "tvVolks A~seciatien Mid the follo~ ing foul1alM.
(1) Wate,.
Tetal nnmbcl efPixttl1e Utlit~ x
25 gpd/PixntI" U11its .....
Tetal gpd - E.R.U.'~
225 gpdi'ERU
(2) Se}vel.
Total nttmbeI efFixtnlG Units x
25 gpd/PixttlIe U11its ....
T etal gpd u.R. U. ' ~
225 gpd/ERU
(d) CO,JlblhatZoll aauuht.3. Acconn:t~ th.n eentain beth Iesidential and cemmcleial facilitie~
seI vcd trnengh a cemmen met"I mlt)l be tIe.ncd M cither le~idcntial 151 nell1e~idcntial,
whichever methed ef eempntatien IGsnlts in the latgcst rmmbcI ef cquivalent Ie~idcntial
~
(e) Expan.sloll of eA,Z.stZ,lg GOIlMctIOIl. If a bnilding pelmit is is~ncd ful an existing eenncetien
~hieh will ineleMe vv.nel 151 sevvCI demand, 151 if a bnilding ehange~ nem le~idential to
nem e~idcntial ecenpaney, the total ntlnl:bel ef E.R. U. ' ~ feI the eld and ne vv part~ ef the
facility ~hall be eompntcd M entIincd in ~ttbsectien ( c) e[this definitien. The ntl111bcr ef ne~
E.R.U.'s shall be detclmined by ~ttbtIaeting the eld E.R.U.'s flom the totalntlmbo ef
E.R. U. ' ~ in the entiI e facility. The impact fce ~ ill be a~~es~cd en the nnmbel ef He ~
E.R.U.'s.
Loca: ..sy.stem. That sy~tem in a ncvv ~ttbdi v isien installed by the dev depel at the devdepcI' ~
expense. The physical limits ef "aeh leeal systcm Me the linlit~ e[the PMtienla1 snbdi v isien
seI v cd.
"tvV.nel mains and sc ~ Cl S w hese pI incipal fnnetion is te set ve l\1 eM etheI than the ene they
tUvelse ate net a pmt e[the local systelll.
Stltlek trnengh passages are deleted.
Underlined passages are added.
2004-0-07
55
'-'
....."
Sec. 19-41.
Fill pose of Al tide And nlethod of finance.
(a) ThilS m:tide elStab!ilShcd pIc>eednlclS to fclCilitmc the C>ldelly cxpanlSion c>f the cit,'1S vvatcr
ISnpp!y ISYlStem and ~Mtc~mCI tlemmcnt ISY1Stem.
(b) In 01 del to finMIec the1Sc capital impIo vementlS, lSe vel al cOl'llbined methI5dlS c>f financing vv ill
be nccclSlSary, one of vvhich i1S an impact fec defined M "a nevv nlSel'lS contribution tO~Md itlS
cqnitable 1ShMe ofthe cost c>f eltpital impIovcmentlS IcqniIcd to ISCI ve ne~ tlISClIS."
SUa 19-42.
Impact fee establishlnent And fee schedule.
TheIc ilS heIeby clStab!ilShed an impclCt fce bMcd c>n the city conncil'lS dctclluinmion ofthc cqtlititble
portiI5n c>f the C01St c>f financing the extensic>n of the sYlStem ttpc>n the eqtli valent IelSiderrtial unit
IClSpc>nlSible fOI thc nced fC>I additic>nallSYlStcnl finMlcing. The feelS 1Shall bc M fc>llovvlS.
(a)
PC>I eaeh cqtli valent IClSidcntial nnit cOlmcetcd to thc SYlStCIll.
'1'1 T .. f1
vv mCI lSeI v Ice Inl:pact ce...........................................................$
SC~CI ISCI viec impclCt fGc..........................................................
Total fuI both lSel v iecs.......... .............. ......................................
1,000.00
1,425.00
2,425.00
(b) POI each cqnivalent IClSidcntial nnit eon1Stmctcd in MCM seIvcd by pIivmdy C>vvllcd vvltleI
di1St:IibntiC>llISYlStC1ll1S nsing eity ~ltlel ISttpply c>nly.
HT t .. J:. $ 888
vv a CI seI v lee lnl:pact .Lec........................................................... I, .00
(e) FOI cach cquivalerrtlesidcntial tlnit ~ith pliol 1S"1 vice conncctcd to the 1Se~el 1SY1Stelll c>nly.
S(,~eI 1SCl v icc impaGt fee.......................................................... 1,425.00
(d) FC>I eclCh cqnivalent IC1Sidential nnit ont1Side the city limit1S cormcctcd tc> the lSystem, the
impaet feelS fC>I ~ ltlCl and 1Se~ el seI v ice IShall be in an amc>mrt equal tc> the cqtli valent impact
fee fuI a cOIIelSponding cc>nneetion in ISide the city limits pIns a t~ent:y-five (25) pel cent
smchMge M allo~cd by applieitble 1Stme 1Stmutes.
(c) For eclCh cqni v alerrtrcsidential nnit cc>nstI uctcd I5utlSide the cit:y limits MId seI vcd by pli v irtdy
c>~ncd vvirtCl distIibtltic>n systems nsing the city ~ltleI sttpply c>nly, the impact feed shall be
in amc>nnt cqual to the eqniv alellt impact fce fC>I a cOIIelSpc>nding conneetic>n inside the city
limits plus a t~ent:y-five (25) pel emt smehMge M lillc>~ed by liPplieitbk stirte st.nutes.
(f) Por each equi valent Iesidclrtial mit ontlSide the eity limitlS ~ith pIiC>I vvirteI Se,I v ice eonneeted
tc> the, Se,vvCl sY1St"m c>nly, thc impact fce shall be in an amc>nnt cqnlil tc> the eqtli valeIlt impact
fee, fuI a eC>llespondillg cormee,tion inside the eity limits pIns Ii tvventy-fivc (25) pel eent
StIuek tmough passages are deleted.
Underlined passages are added.
2004-0-07
56
'-"
....,
~mchMge as ano~ed by applicable ~tate ~tlrttlte~.
(g) POI all pmcd~ located ~ithin Florida Shore~ ful which a ~pecial a~~e~~mCllt i~ in effective
and bcing le vied fOl the pm po~e of the con~t1 tlction of a portion of the w aste ~ atCl sy stem
tleMmcn! plMlt, effltlent r eu~c ~y~tenl, 1md a SMlitM, ~e ~ el collection sy~tenl, ~uch Ct1~tOnlCl s
vvill not be illlpo~ed Ml impact fee ful the cost offinMleing the exten~ion of the vva~te~atCl
sy~tenl. All OthCl vvaste~MCl eustolllClS connceting to the vvaste~Mer system ~hieh Me
outside of the special as~es~ment Mea ~ithin Plorida ShOles ~hall be ~tlbjcet to the,
vvaste~lrtel impae,t fee. All eu~tomer~ ~ill be responsible fur the payment of the water
~ystem impact fee.
(h) Por each eqtlivalent re~idential unit cOlmeeted to the ~y~tem outside the city.
Ra~ ~Mer ~cIvicc impact fec..................................................$ 240.00
Bach additional equivalent le~idcntial unit occasioned by ehMlge~ in propo1:y usage
~ttb~equcnt to thc effectivc date of HI is M1ide shall be sttbject to 1m impact fec computed in
aceold1mec with the fOlegoing e.riteria.
See. 19-4J.
Inlposing fee, method of pa,ment.
(a) Thc above 1md foregoing fee. ~hall be impo~ed on evel) equi valent IG~idential unit eonnccted
to the vvMer 1mdJ'or se~er sy~tCIn ~hethCl those mlits Me nevv or cxisting 1md in~ide 01
out~ide the city linlit~.
(b) The methods offec payment Me as followS.
(1) VvT Mer MId ~e~er connection in~idc city limits. POI each B.Rn eon~tItleted, a -&e of
t~o thou~and fom hundred t~enty-five dollMs ($2,425.00) ~ill be paid ~iHl thc
pUlcha~c ofthc building permit.
(2) ~v~/Mel connection only insidc city limit~. Por each B.RU. con~trtleted, a fce of onc
thou~al1d dollM~ ($1,000.00) ~ill be paid ~ith the pmehase o[thc building permit.
(J) Se~el connection only in~ide city limit~. Por each B.Rn eonstttlcted, a fee of one
thous1md four hundted hvcnt:y-fi ve dollM~ ($1,425.00) ~ ill be paid with HIe purchase
of a bnilding permit.
(4) SCvvC! eomlcction~ vvithin Plorida Shores ~hieh MC paying a special Mscssment for
the financing ofthc expansion ofthe ~astc~Mcr ~ystcm shall not pay a ~aste,~atCl
system impact fee. VIM"! cOlmcetioll~ vvithin the ser vice, Mca being assessed ~ill pay
a wMer impact fee fur each B.Rn eonstltleted of one thous1md dollMS ($1,000.00)
~ith thc purchase o[the btli1ding perInit.
(5) V/Mer MId ~cvvcr cormection outside city limit~. Por MlY wMe! and sCwcr cOIlncction
StItlek thlough passages are deleted.
Underlined passages are added.
2004-0-07
57
(6)
(7)
(8)
See. 19-44.
'-"
.....,
ontside. the e.it)' limits, payment rol the. impact fce. shall be. made. in full plial ta
appl a v al afthc applic.nian fal Se.I v ice..
'When an extensian is made. ta Se.I ve. an E.R.D. e.xisting plial ta thc dfce.ti~ e. d.ne af
this seetian, th.en the. fee. shall be, paid M dGline.Mcd M15ve. e.xee.pt that the paYnle.nt
shall be. made pli151 ta the, install.rtian afthe. e15nnectian.
The. impact fee, is c15ntpIiscd 15fnv15 (2) se,pMate. fee.s, i.e.., w.rtel MId se.~e.l. hI MeM
~hele. only 15ne, af these, seIviees is availMlc., the applie.abk fce. shall be that
establishe.d fOI the. sel v ie.e pIO v ide.d. The. applieMk fee fuI the athel sel vice 01 fOI
bath SCI v iee.s, if neitheI was a v ailabk .rt the. timc af eonst! netian, ~ ill became due
~ he.n Se.I v ice. is madc availabk.
Ra~ ~MeI C15ll1lcdi15n 15utside city limits. F151 e.aeh ERU eanstlnete.d, a fce aft~o
hundted dellMs ($200.00) ~ill be paid plior ta eOlmee.tians.
ImpAct fee In iew.
The impact fee. c'mlaunt shall be Ie.vic.~cd in July af eve.l) ye.M by the. eit, e15nncil in aldel t15
detelmine ifthe e.ast afsyste.nl inlpl15vCI'I'lents ne.cessit.rtes a GlUinge. in the. amount aft11e. fce.
See. 19-45.
Use of pi oceeds.
The plae.e.cds acetl1llulMed by le.ason 15fthe establishme.nt 15f Ml inlpaet fee can be used anly fOI the
expansian anIle Plimary ~Mel system 151 the. plimM) sanitary se.~eI system. Said pleee.e.ds may not
be used for impla v ing, ttpd.rting 01 bIinging the plese.nt syste.m int15 eampliance ~ith any change in
lawS bleught ab15ut by reMen efpellutien contral.
Sec. 19-46.
Tlust funds.
T11e.IG Me. heleby e.stMlishe.d t~a (2) tI ust funds, ane design.rted as (1) impact fee capital
implavenlent tlnst fund fOI the. expmlsian af plimM) ~.rte.l system, and (2) impaet fee. capital
imprave.ment tInst fund fer the. expansion afplimM) sc~erage syste.m. All impact fees paid ta the
eity shall be de.pesite.d in the, applepIiatc tlnst fund te be. held in scpm.rte aceannts and used anly fol
the ptl1pese anhe expansian anhe city's plimM) ~.rte.r supply system and the. p1imary ~aste. ~atCl
tre.rtment system. Pnnds may be disbulsed fr15m the.sG accounts in the enst15l11M) manner in
acea1danee vvith apprapli.rte. la~ with thG appraval anh.c city c15uncil and city c15nsulting cnginGGl.
Any funds an depasit in said tInst funds which MC nat inunedi.rtGly neeGSSMy fur e.xpenditme may
be invested in tinle depesits efbM1ks 151 tlnst e.15mpMlics reple.scnted by ccrtifieMcs af depesit fully
secmed M pravided by la~ m.rtming in a peried af eighteen (18) manths 151 lc.ss. All sneh seemity
shall be held by the depasitery bank, and all income del i v cd ther efi. am shall be depasited in the
applie.ablc tltlst funds as hercinM15ve, estMlished.
Strnek tlnaugh passages are deleted.
Underlined passages are added.
2004-0-07
58
'-'
.....,
The city eotllldl may MlthOIizG Ml illtraftmd advance bet~ecn the above-mentioned btlst fund~ tOl
~~~~ ~:l~~il~g ~f capital. expansion of GitheI ~y~t"m. Repayment pro v i~ion~ ~hall bG establi~hcd by
the CIty councIl at thG tIMG ~tlch ad v anee i~ nutde.
Sec. 19-47.
l\bjOI useI utilities - Policy, pI OcedUH~ fOI obtaining CApAcity.
(a) Statement oj"po:tCy. ThG polic;y plovid,,~ fOl alloeation~ based on ~pccifie lcqtle~ts in the
f0l111 of leqnisite gallons pGr day of w.rtel 01 se~age capacity for nevv development,
lenov.rtion, altClations, Gtc.. The policy indndes information on the appliG.rtion PlocednlC,
deliv.rtion ofleqnired capacity MId specific proglMllleqniIe1l1cnts.
(b) .IT) ocedtt, e fOI obta;niho GapaG;ty. Applielrtions tOI se~age or ~lrtcr eapaeiry shall be
~ttbmittcd to the City of Ddgevvatel's ntilitie~ department. Applications shall eon~i~t of
appr Opt iate follll~ and documentation as ddinelrtcd in section 19-47 A and shall be a v ailablc
from the city. Applie.rtions ~ ill bc gi ven a preliminary ~eleening ~hen ~ttbmitted, MId any
incofitpkte 01 incol1 eet applie.rtion~ ~ ill be I Ghuned to thc applicant folneCCS~M) 1 e v i~ion~.
Accepted applielrtion~ shall be entaed on a elrtegOtieal pending ~e ~ age 01 vvatel capacity li~t.
Appliclrtions will be das~ificd by the follo~ing e.rtegorie~.
(1) Subdi V;'"iOH, J;ngle-fu,"ily. ApplicMlt~ de~iling to btlild mn1tipk ~inglc-fMnily
re~idence~.
(2) Large Ihult;-fcutlily. Applicants desi1ing to bnild nlnltiple. mn1ti-family rcsidential
~
'::::1:). L . 1/' 1 . 1/' . . 1....L l' i:. . 1 d 1
\J J .La, oe GOmfflel GlatttnanJt'1 iUt/UlJtltntlonCH. r>.pp leants ,-01 commC1Cla eve opment
vvhose reqnested capacity allocation is in excess of tInee thonsand tInee I1t1ndlCd
~eventy-five (J,J75) gpd se~el or tIl1ee thonsand ~Gven hundred fifty (J,750) gpd
'water:
rlltCCfilCllt on a list vv ill selv e to eonfiIm receipt of a valid application MId en~tl1 e an
cqnitable. "fil~t GomG filSt ~Gl v cd" proccs~ing of applielrtions. Applicants ~ ill be notified by
celiifkd mail thlrt capacit, i~ available. fOI allocation fOt thcir spccific pi oj cd MId advi~ed
as to MlY additional infol1nation 01 doenn1cntlrtion IcquilCd to facilitlrtc Ievie~ of theil
appliclrtion.
Applicant~ will be lcqniled to providc sneh infol1nlrtion or othcI~ise pClfcet a pending
appliclrtion ~ ithin thili, (JO) cale.ndM days nonl notifiGlrtion by th" trtilitics department.
failtl1c to provide lcqncstcd infolfillrtion ~ithin thi~ time will lesnlt in lemoval of the
application [lorn thc appropriate pending se~age capacity 01 pending ~lrter capacity li~t.
PolIo ~ ing rev iG ~, pr oee~~ing and applo v al ofthe appliclrtion b:y the utili tics depMiment, the
Strtlek tInon~ passages are deleted.
Underlined passages are added.
2004-0-07
59
'-'"
~
~cwel an&'oI vvata fee~ ~ill bc cakulatcd fl5I the pI oj eet. Payment onhe fecs, as PIGscIibed
in thi~ policy, vvill be I equir cd befOlC the application i~ finally eel tificd by thc city. Paymmt
of the ~c~el an&'ol ~atel fces ~hall con~titutc a IG~CI vation of capacity and willlcmain as
~ueh, ~ttbject to cOlllplete compliance with othel plovi~ion~ o[the policy.
To obtain ~e,vvage an&'OI ~atCI capacity allocations, the, plopaty fl51 vvhieh capacity
application is madc lllust be applOpliately zoncd and platted to support the propo~ed
dCvelopment and shall comply vvith all applopliate aspcets oftIle City Code. If at the tillle
an application is ~ttbmitted tile propert, is not appropIiately zoned and platted, capacity may
bc Iesel ved by payme,nt ofthc presaibcd ~ewCl an&'or ~atel fees. The applicant will have
t~enty-fuur (24) months flom the datc of capacity resel vation to aehievc eompliancc with
thc zoning, platting and pelmitting le,quirelllcnts and to obtain rcqtlisite building pcrmit(s),
01 be subject to thc lceapttl1C prOvisions ofthis policy.
In (,ase~ of applieation~ f151 capacity allocations for nomesidcntial developments, the
applicant ~hall plovide ~ufficicnt information to facilitate a Ieasonable estimate of capacity
needs and deterIllination onhe se~el and/ol ~atel:&es. Capacit, will be re~er ved based on
this estimate and paymmt ofthc pI c~eribed fcc~, ho ~ ever, npon completion of final building
plans, the plans shall be sttbmittcd fl5r le-cvaluation of capacity needs and IG-eoInputation
of the fccs.
Should thc final plans Idlect a capacity in cxcess of that pICv iotlsly lC~Cl ved, additional
capacity ~ill be Icserved, if available, and the applicant will be IGquiled to pay thc
differential se~el an&'ol ~atCI fees. Should additional capaGit:y bc requiIed and not be
available, the applicant shall, at his option, modify his plans consistent ~ith thc Plcviously
ICSCl vcdcapaeity or ~ith.dta~ his application Mid seemc aldundofany prcviously paid :&es.
The applieMlt ~ill have t~elrty-fl5tlI (24) months fIom thc datc of capacity reselvation to
sttbmit the final building plans and to obtMnlequisite building pCImit(s), 01 bc subject to the
reeaptulc pIovisions of this policy. Thc propert, must bc de v elopcd in aceoldance ~ith all
appIopliate aspects of the City Codc (e.g., building code, planning and zoning code, etc.) in
01 dCI tl5 qualify ful a cGl'tificate of ocenpMlCY. RcseI v ation of capacity in no way gUM antees
that the subject propelt, vvill cmtomatieally bc apploved by the dty building depMimcnt.
Sec. 19~47.1. Senne - Pa'Illent of sc,"el fees.
As indicated in thc pleceding section of this policy, sewCl fees ~ill bc detclmined in conjunction
~ ith each application. The se, ~ eI fecs shall consist of all applicable eOllnection MId impact fces for
thc system eormeetion. Payment ofthc sc~el fGCS vvill be as fl5llovvs. At the time o[applieatioll f151
sevvage capacity, and fullo~ing sewel fee detelmination, the application for sevvage capacity, and
follo~illg sevveI :&e detGlmiuation, thc applicant ~ill be Iequired to pay one lmudred (100) pel cent
StrtIck through passages are deleted.
Underlined passages are added.
2004-0-07
60
'-"
'Wf/II
of the fee~ M a condition of capacity n~el v.:rtion. The applicant vvill have ~ixty (60) diry~ flom the
date ofnotifie.:rtion by the ntilitie~ departmcnt to piry the fGc~. Failme to make pay-ruent ~ithin this
:e nanle vvillle~nlt in the removal ofthe applie.:rtion fIom the applopriatc pending ~c~a~e eapaeit:y
See. 19-47.2. Same - Payment of"Atrl fees.
A~ illdie.:rtcd in ~cetion 19-47(b) ofthi~ policy, vv.:rtCl fee~ vvill be dctClmincd in conjmKtic)ll vvith
eaeh applie.:rtion. The vv atel fce~ ~11il:ll eon~i~t of allapplieabk comlcetion and impact fce~ fOI the
~ystem connection. rlryment of the ~.:rtel fees vvill bc M follo~s. At the time of applie.:rtion fOl
sevvage capacity, and follo~ing ~ateI fce determination, the applicant ~ill be lcqnircd to pay one
htlndred (100) per ecnt of the fce~ M a condition of capacity lc~el vation. The applicant vvill have
sixty (60) eakndM diry~ from the d.:rte of noti:fk.:rtion by thc tttilitie~ depMi:mcnt to piry the fees.
I'ailmc to make paymcnt ~ithin thi~ tinlc name ~illlesn1t in the lenloval of the applie.:rtion nom
thc applopliate pending vvatel eapaeit~ list.
Sec. 19-47.3. SAme - FDER pel nlits.
Applications fel sCvvage 01 ~.:rteI capacity llliry rcqnin a pellnit from the I'lOIida DcpMtmcnt of
DnviloMlcntal Rcgnl.:rtion (I'D DR) ~ttb~cqttent to proce~~ing of the applie.:rtion by thc ntilitie~
depaltlllGllt and le~el v.:rtion of capacity. Ifnqnircd, it ~hall bc thc Ie~pon~ibility ofthc applicant to
obtain thi~ pelluit nom PDDR Mid to plO v ide any additional iUMrm.:rtion 01 doenmcntation IcqnilCd.
Thc appliCMlt vvill have tmce hnndled ~ixty-five (J64) cakndM diry~ nom the date of capacity
rc~el v.:rtion by the city to obtain the lcqtlind FDDR permit 01 bc ~ttbjcct to the lceaptme plovi~ion~
ofthi~ polic:Y. Shonld the dcpMtmcnt lCfn~C to i~stle the permit, 01 modify the capacity alloc.:rtion
or nnmbel of developmental tmit~, it ~ill be incnmbcnt npon thc applicant to notify the tttilitics
dcpa1i:mCllt to faeilit.:rte Idtmd~ or lccalcnl.:rtion~ of the sevver and/or vv.:rter fcc~ MId nqtli~itc
lCv i~ion~ to city recOId.
rellllit~ i~~ncd by thc PDDR havc an cxpir.:rtion d.:rtc of one YCat Horn thc d.:rte ofi~~nance. Dming
the life of the permit, the appliCMlt mtlst constrtlct thc ~cvvagc or ~atCl collcction/tran~mi~~ion
~y~tcnl in accordancc ~ith the applovcd pelluitted plMlS. Shotlld the pelrnit expin and the
eon~tItlction of the ~evvage 01 vvater ~y~tenl not be completcd, the city llUry, sttbject to I'D DR
apprOval, a5Icc to an cxtcn~ion of the pennit, ~ttbjcct fnrthCl to a ~.:rtisfactory dcmon~trat!on that
con~tr tletion ofthc ~y~tem 11M bccn initiatcd and i~ being acti v dy prosectltcd. If con~tr tlet!on ofthc
~y~tCIll hM not been initiated, 01 is not bei115 act! v dy plosccntcd, thc city miry 1 c~cind it~ eCliification
of the project, MId thc applicant ~ill be ~ttbjcct to the capacity rccaptmc plovi~ion~ ofthis policy.
Sect. 19-47.4. SaUle - Allocation fadol s and limitations.
Stl tIck tlnongh passages are deleted.
Underlined passages are added.
2004-0-07
61
"-"
...."
Applie.nion fOl se~age capacity alloe.nions ~ill be a minimum of three thousand three hundled
se.enty-fi.e (J,J75) gpd pel and ~.nel capacity alloc.nions ~ill be a minimum of three thousand
se.Gll hundnd fifty (J,750) gpd.
U.alu.nions onhe City ofUdgc~.nCI'S utility system ha.e lesulted in Equi.alent Residential Unit
(URU) f1o~s oft~o hund1cd fift, (250) gpd roI ~.nel cmd two hnnd1ed t~errty-fi.e (225) gpd fOI
~astew.ncI. 111 leselving cmd alloe.ning capacity rol apphe.nions submitted to the utilities
depM tmcnt the URU faetol methods outlined in scetion 19-47.5 shall be used. The method selected
shall be apPIO. cd by the utilities deplulmCllt.
See. 19-47.5. SJilllC - Capacit, 1 esellation 01 allocation 1 ecaptuI e.
(a) !Ia. ing obtained a se..agc and/ol ~.nel capacity lCsel..nion 01 alloe.nion, the nsel..nioll 01
alloc.nion shall be used cmd applied only ~ith Iespeet to the ploperty fOI ..hieh the
applie.nion fOl se~age Mld/Ol ~.neI capacity has been made cmd apPlo.ed. The lesel..nion
01 allocation shall inuIe to the pIOpcrty, sttbjeet to the Plo.isions of this policy. The
applieMrt is not othCl ~ ise pelmitted to scll, leasc, sttblet, assign, lend 01 transfeI a capacity
ICselv .nion 01 alloe.nion, .. ithout the plioI notifie.nion cmd applo. al of the ntilities
depMlnlelrt to ensme maximulll benefit utilization of the a.ailable se~age Mldi'Ol ~.neI
capacity. The city Ieselves the light to lceaptme capacity, leseIvations 01 alloe.nions, 01
parts theleof, fOI failulC of the applicant to m"et the condition of cmthmiz.nion, 01 to
Icsponsibly and timely plosecute the de.elopment of the plojeet fOI ~hieh "apaeity was
obtailled. The "ity's sole lCsponsibility ill I "eaptm ing pI e. iously nsclv cd 01 alloe.ned
capacity, 01 parts theIeof, ..ill be to Iefund the sewCI cmd/m watcI fees, 01 portions thcleof,
paid by the applicant rol said "apaeity.
(b) Th" city may institute the I ceaptm c of I "seI . cd 01 allocated se.. age 01 w.neI capacity undo
the follo..ing CiIeUtllstMlees.
(1) failme to obtain Ml fDUR pcuuit, if I equiI cd, ~ ithin th1:ec1mndlcd sixty-fi.e (JG5)
calendM dltj's follo~ing capacit, lescIv.nion,
(2) failme to obtain lcquisite building pennit(s) and Pltj' IemaindeI of seweI 01 w.nel
fees within t~o (2) yeMs follo~ing capacity leseI ..nion,
(3) I'ai1me to obtain appIopli.n" zoning and pl.nting o[the de.elopment ~ithil1 t~o (2)
y"MS of eapadt, lcsel ..nion,
(4) failme to pIo.id" final building plans fol commelcial 01 otheI de.elopments, fOI
whi"h capacity lescl..nion ~as based on pIdiminM) "stinl.ncs, ~ithin t~o (2) ,eMS
of capacity leS"1 ..nion,
(5) failule to obtain Icquisite city connection pelmit(s) follOwing issuance oflequisite
building pelnlit(s),
StInek through passages are deleted.
Underlined passages are added.
2004-0-07
62
'-'
~
(6) PailtHe t" c"mply ~ith FDDR pellllit IGquilcment~ vvithin the life "f the pCIlllit,
unk~~ the. pelmit is extGnd"d,
(7) Vi"l.:rtion ofthe plohibition against tlansfel of a eapae.ity Ie~e.I v.:rtion 01 allocation,
or failt1Ie to plovide lcquisite. notifie..:rtion to the utilities departmmt of any change
in 0 ~ na ship onhe ploperty fOl ~ hie.h a I e~eI v.:rtion 01 alloe.atioll has becn obtained,
(8) Pailtlle ofthose applie.ants ~ho have. pIGviously obtained e.apadt:y all"cations ill the
exi~tillg system to pay outstanding se~a 01 ~.:rtel fees and compktc aGtions kading
to ntiliz.:rtion of StIch Gapadty alloe.:rtion ~ ithin thc time fl anlGS pl0 v idcd cIse ~ ho e
in this polic.y, and
(9) Failule to comply ~ith the IcqtlilemGllts of this majoI tlse selviG[, policy, M nom
timc to time anlended.
(c) The city shall gi ve the applicant, 01 sneceSSOI in intelest accoIding to city lecolds, thirty (JO)
eakndal days' vv litten notice of it~ intGnt to IGeaptmG Iesel ved 01 alloe.:rted sc~ age 01 vv.:rtCl
capaGity as prOvided abOve. The notice shall contain the bMis for the intcnded Iceapttlle and
statc vv hat eOllecti v e. action is required to pIesclv c thc capacity IGser v.:rtion 01 alloc.:rtioll.
Dming thc thirty-day period, the applicant may take cOllccti vC action t" C"lllC into
compliance ~ith the IeqniIGlllcnts o[the polic.y. Any Iccaptmc of capacity, as prOvided in
this policy i~ sttbjcet to IGvie~ by thc city council.
Sec. 19-47.6. S.une - Se,"el and ,"atel fees subject to change.
SevvcI and ~M"I tees may be changed .:rt any time, subject to approval by thc city coullcil and
notific.:rtion plovisions presclibed by the City Code. Applicants vvho have seetHed capacity
Icser v.:rtions or alloc.:rtions under this policy ~ill not be sttbjGGt to sneh changes pIovided that they
M c in compliance vv ith thc pIO visions ofthis policy. Applic.:rtions made. sttbscq tlent to changcs in
the sc~cr 01 vvatcI fees ~ill be subject to sndl changes. Applicants ~ho havc obtained capacity
undeI PIGvious policies ~ill bc rcquired to pay the se~cr 01 ~.:rter fees vvithin the timc prOvided
c1se~herc in this policy, but beecmsc SUdl capacity is alloc.:rted against existing ~astcvv.:rteI 01 vvateI-
tI e.:rtnlCllt facilities, the fees ~ ill be bascd on the policy and r Mes in effcct immedi.:rtcIy pI iOI to
adoption of this policy.
As indieMed pre.v iOtlsly in this poliGY, all applic.:rtions fOl ser v iCG ~ ill be plaGed on a pending sevvage
or vv .:rter eapaGit, list if Gapaeit, is n"t llvailc'tblc.
See. 19-47.8. Sanle - Capaci~ fen cit, applicants onl,.
In light of the limitations on capaGity availc'tbk roI alloc.:rtion in the immediate futmc, all eapaGity
StI tlek thtough passages are deleted.
Underlined passages are added.
2004-0-07
63
'-'
~
:_~il~l~ ~ all~~ations will be li~llit~d to ~pl~eants loe~tc~ within the City ofDdge\l\iatGl, 01 those
~:: ~ ~ t~oCc" ~~"bKX~tJOb mto tho eIty. A""had:tob; [01 coMee"on, o~t'id~ ~:~.~
~~~~'S \)n.H not bl: accepted, evcnl~hey wonld COllncctto sew CIS 01 \l\iatel hne~ o\l\incd and 1 t aI, d
~;: t~~ ~Ity, ~l~ss stIch conlleet1on~ ate specifically Plovided for in a pIc-existing in;~:.;~~:i ~I
sel'\> 1\;(, agleement.
Sec. 19-4'7.9. Same - Septic tank policy.
~ ~~r~~~i~~ t~e, ~v~el. tIeatme~t capacity needs ofthe, eit!, i~ i~ leeogniz:cd that propelly designed,
~'.:'t. ~~;OO "",d m"~,atncd scp tK tllt<k "sic"!". ell1'l be of ',gotfieMrt bone fit. AGGoldingly, .JthObgb
~ ~ n:~t ~1~ ~\Y!~e~.~fLthe CIty, appheant~ fOI S~l v lee vv III be, ad vl~ed t~at, sl~o~ld the,y ~e,~il.e, d:c city
~~j' ~~ce~~ ~Cptl~ tank COvGllMlt~ to ~elllllt ~ept tMtk ~on~tltlctron vvlthlll the Clt" 1~1 hen of
~~~~~~~I~I~~~ ~l1e sew~l ~ystel.ll~, sttbJcct to an a?pH'JplUrt~ly dOetl111wted ~cqnest cert~fkd by a
~~~~('~M~l~a~~~~l:'~CI, lCgl~tcled lI1 thc State of:rlouda. The cIty lesel ve~ the ught to Icqt1lIe, at any
~~1~, ~~~ll:~tIon to the central se~eI system \l\ihen the facilities Me \l\iithin t\l\iO lltlllched (200) L:r of
the sttbJeet property.
See. 19~47.18.
Same - System extension policy.
(a) The, Cit, ofDdge\l\iatel Code of Ordinances ontline~ thc eity'~ extension policy. FOI \l\iatcl
sel vicc, if a lCqnest is made beyond the limits of the pre~Cllt distIibntion system, the ~<rtcr
dcpM1ment nury in~tall a main to the property line, if thc pIoperty is located within onc
hnnch cd (100) fcct of the pI esent mains. This extension policy shall not ~ply to pI Ope,1 ty
located otItsidc thc city limits. 'vYhele mOle t11Ml one htlndIed (100) feet of main is leqtliICd,
the \l\i ittel departmcnt shall make a detelmination as to \l\i hether 01 not to pl0 v ide SCl v iec
based on economic, pttblie health and system integlity consideIittion. In the evcnt thc
application is detclmincd to be, economically tln&asiblc, SCl v ice mc!Y still be pro v idcd ifthc
pelsons leqncsting stlch sGlviee \l\iill Pc!Y all eosts in eomlcction thelcwith.
(b) :rOI extensions of the wittCl 01 se\l\iel system otltside of the city, the city eOtlncil shall havc
the po \l\i el MId cmthority to make said extension ttpon vv hate v el telms and conditions the city
conncil shall deteImine, if it is detelmined by the, city council thitt said extension \l\i ill
pIomote the, pttblie health, safety and \l\ielfMe M'ld will be economically feasible fOI the city
and citiz:cns theIeof. All costs of extending the city \l\iMeI or Se\l\iCl system shc\ll be donc
solely at the expense of said pCIsonleqt1iring said extension and the plans of any \l\iMGl
systcm to vvhich thc city \l\iMel lines shall be extended shall be filSt apprOved by the city
cn!Sineels prior to making connection to the city \l\iMeI ~ystem.
Sec. 19~47.11.
Same - Rue} 1 e capacity fee.
Shtlck tlnotlgh passages are deleted.
Underlined passages are added.
2004-0-07
64
~
..."
(a) Uaeh City ofUdgcl'\ilttCI vveltCI or .5Cl'\ieI pen11it .5hallICnlain cnnent five (5) YCM.5 fonn the
datc of eapadty avmlability crnd .5hallItl11 I'\iith the land fuI I'\ihich thc pCImit i.5 i.5.5ncd. A
Ie.5CI vC capltcity fec .5hall bc paid arJ:nnally fOI cltGh URU of capacity allocelted to an applicmlt
I'\ihich Icmain.5 tl11n.5ed aftcI capacity hM bcwmadc available.. A IC~CI vC capacity fec vvill
bc c.5tabli.5hed pm.5nallt to lal'\i by thc City of Udgcl'\iatcI bMcd on the co~t to the city of
maintaining nnn~cd sCl'\iagc 01 vveltCI capadty for thc mnonnt ofhc<rtlllmt sct forth in Mid
pCImit.
Shotlld a pCImit bccomc non-cnnwt, thc light to cOl'l11ection cstabli.5hcd by snch peImit shall
tClminatc. Any nOn-Cn11Gllt pcnuit may be lc-cstablishcd M cn11cnt only afteI applie<rtion
fot Ctl11wt st<rtns is applied fOl mId tlpon capacity fOI thelt typc ofpc11nit bccoming available
to the applicant in thc samc mml11CI M if thc smuc vv CI C a nc vv ltpplic<rtion. Snch pe11nit shall
be Ie-ccItified M cnncrrt snbject to all vf thc cvnditions vf a l1CI'\i pClmit. All fees paid
pmsnant thGlctv shall, ttpOl'l is.5nanec of a I'\i<rtCI Ot .5CvvCI pCImit becoming nvn-ennent, city
pClmittec may apply Eol an cxten.5ivn vf a city pClnlit bcyond the peIiod PlOy ided heIein if
the pe11uittee cmI dClllonst1<rtc to the .5atisfltGtion vfthe ntilitic.5 dcpMtmcnt that the pIojeet
fuI vvhich the peImit is isstled is ptogIes.5ing. Dctc1111ination o[the teIm "pIog1es~ing" shall
be made by the ntilitic.5 depMtmwt and shall not exempt pe11uittccs [10m p.:ryment of the
Ie5eI vC capacity fee as dc~elibed hClcin.
All cn~tomelS I'\iho hold city pCImits atltholiz:ing connection to any city tIceltmwt facilitics
5hall bcgin paying the IC.5CI vC capacity fec tl'\idvc (12) months fiom thc d<rte of capacity
allocation and shall pay said &c cltGh ycm thClcaftcI fot cach nneonllected URD.
All rmpaid 1 csel v C capacity fecs shall aeCl tiC, and no connection shall be allo I'\i ed to any city
tIe<rtmcnt plmrt pmsnant tv mlY city pC11nit mtil all.5nch nnpaid, aecmed fecs lclelted to .5aid
pe11uit have been pmd in [nIl by thc pCImittcc 01 his M.5ign.5.
Uxcept M pIovided in the pIeeeding pmagIaph, thc obligation to continne paying the almnal
Ie.5el vC capacity fcc fvI a pMticnlM URU OhCI viec capacity shall te1111in.1te ttpOl'l e01111ection
of that pMtienlM URU of capadty to a city tlceltmclrt plm1t.
(b) Rcsel ve capacity fee shall bc cstablished and may be chmIgcd by dnly adoptcd Ie~olntiol1 of
the city eonneil.
Sec.19~47.12.
CI edit gi.. en against de.. elopment fee when indi.. idnals connect l, ho hal e
been pi el ionsl) pa, ing monthly sri.. ice a.. ailabilit, ehal ges fOI ntili~
senice, although not connected to the s)stem.
The City vfUdgcl'\ieltCI City vvill allol'\i the appliceltion of monthly serviec availability ehmgcs paid
Shtick tmongh passages are deleted.
Underlined passages are added.
2004-0-07
65
'-'
.."."
fOI ~lrtCI and/or yvMtc~lrtGI ~e.r vice. as a e.rcdit not to e.xcce.d the. total cost ofthe. de. v dopmcnt fee
asse.s~(,d to the. comle.Gtor.
See. 19-48.
Rese. t ed.
Sec. 19-49.
Penalt, fo. liolation of section 19-43.
A v iollrtion of Ml) of the. plO v isiol1s of ~e.e.tioll 19-43 shall constittlte. glotlnds ful the di5colltintlMlCC
of scr vice.. Thi~ cit, ~hall have. the. pO I'V e.l to bring thc l1e.e.e.SSMY legal aGtion~ to (,oll(,(,t ddinqtlGnt
amOtlnts tOgGthcI ~ ith ('o5t MId fee.s of the. c!(,tion.
ARTICLE IV. INDUSTRIAL PRETREATMENT PROGRAM
Sec. 19-40.
Purpose. policv and objectives.
uu This division sets forth uniform requirements for direct and indirect contributors into the
wastewater collection and treatment svstem for the city and enables the city to provide
efficient wastewater treatment to protect the public health and the environment and to meet
requirements contained in the Act, the General Pretreatment Regulations contained in 40
CFR parts 122 and 403. and Chapter 62-625. F.A. C.
(Q} The obiectives of this division include. but are not limited to. the following:
ill Prevent the introduction of pollutants into the municipal wastewater system which
will interfere with the operation ofthe system or contaminate the resulting sludge or
reclaimed water.
ill 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.
ill Improve the opportunity to recycle and reclaim wastewaters and sludges from the
system.
ill Provide for equitable distribution of the cost of the municipal wastewater system.
ill Provide for the general health. safety and welfare of both WWF employees and
citizens of the city
if! This division 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 userreporting; assumes the existing customer's capacitvwill
not be preempted; and provides for the setting of fees for the equitable distribution of costs
resulting from the program established herein.
@ This division shall apply to the city and to persons outside of the city who are. by contract
or agreement with the city. users of the city's wastewater facility (WWF). Except as
StI tick thtotlgh passages are deleted.
Underlined passages are added.
2004-0-07
66
'-"
.....,
otherwise provided herein. the city's director of environmental services shall administer.
implement and enforce the provisions of this division. The director of environmental services
shall periodically review such provisions and limitations to ensure that they are sufficient to
protect the operation of the WWF. to enable the treatment works to comply with applicable
state and federal laws. to provide a cost effective means of operation ofthe treatment works.
to provide cost effective opportunities to recycle and reclaim the sludge and effluent of the
treatment work: and to protect the public health and the environment. The director of
environmental services shall recommend changes or modifications to this division as
necessary.
Sec. 19-41.
General dischar!!e 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 WWF. These general
prohibitions apply to all such users of a WWF whether or not the user is subiect 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 anv WWF.
ill 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 iniurious in any other way to the WWF 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 percent or any single reading over ten percent of the lower explosive
limit (LEL) of the meter. Prohibited materials include. but are not limited to. gasoline.
kerosene. naphtha. benzene. toluene. xylene. ethers. alcohols. ketones. aldehydes. peroxides.
chlorates. perchlorates. bromates. carbides. hydrides. and sulfides. and any other substances
which the city. the state or EP A has notified the user is a fire hazard or a hazard to the
system.
ill Solid or viscous substances which may cause obstruction to the flow in a sewer or other
interference with the operation ofthe wastewater treatment facilities. such as. but not limited
to. grease. garbage with particles greater than one-half inch in any dimension. animal guts
or tissues. paunch manure. bones. hair. hides or fleshings. entrails. whole blood. feathers.
ashes. cinders. sand. spent lime. stone or marble dust. metaL glass. straw. shavings. grass
clippings. rags. spent grains. spent hops. wastepaper. wood. plastics. gas. tar. asvhalt
residues. residues from refining or processing of fuel or lubricating oiL mud or glass grinding
or polishing wastes.
ill Anv 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.
ill Any wastewater containing toxic pollutants in sufficient quantity. either singly or by
StltlGk tlnough passages are deleted.
Underlined passages are added.
2004-0-07
67
'-'
...,.;
interaction with other pollutants. to iniure or interfere with any wastewater treatment process.
constitute a hazard to humans or animals. create a toxic effect in the receiving waters of the
WWF. or to 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) ofthe Act.
ill 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 sewers for maintenance and repair.
(Q} Any substance which may cause the WWF's effluent. or any other product of the WWF 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 WWF cause the
WWF to be in noncompliance with sludge use or disposal criteria. guidelines or regulations
developed under section 405 of the Act: any criteria. guidelines or regulations affecting
sludge use or disposal developed pursuant to the Solid Waste Disposal Act: or state criteria
applicable to the sludge management method being used.
ill Any substance which will cause the WWF to violate its NPDES and/or state disposal system
permit or the receiving water quality standards.
ill Any wastewater with obiectionable color not removed in the treatment process. such as. but
not limited to. dye wastes and vegetable tanning solutions.
i2l Any wastewater having a temperature which will inhibit biological activity in the WWF
treatment plant resulting in interference. but in no case wastewater with a temperature at the
introduction into the WWF which exceeds 40 degrees Celsius (104 degrees Fahrenheit).
.QQl 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 WWF. In no case shall a slug load have a flow rate or
contain concentrations or qualities of pollutants that exceed fur any time period longer than
15 minutes more than five times the average 24-hour concentration. quantities or flow during
normal operation.
1..l.l..l 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.
.Ql1 Any wastewater which causes a hazard to human life or creates a public nuisance.
!..U.l Any pollutant or wastestream with a closed cap flashpoint of less than 60 degrees Celsius
(140 degrees Fahrenheit). as determined by the test methods specified in 40 CFR 261.21.
!..l1l Any water or waste containing fats. wax. grease. oil. or related substances. whether or not
emulsified. in excess of 100 parts per million by weight or which mav solidify or become
viscous at temperatures between 4.5 degrees Celsius (40 degrees Fahrenheit) and 65.5
degrees Celsius (150 degrees Fahrenheit). Specificallv prohibited is the heating of the
contents of grease traps and subsequent discharge to the sewer system.
@ Any substance which may reasonably be expected to cause the WWF' s effluent or anv other
StI tIck tin ongh passages are deleted.
Underlined passages are added.
2004-0-07
68
'-'
....,
product of the WWF such as residues, sludges 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 sewers. In no
case shall a discharge to the WWF be permitted which causes the WWF to be in
noncompliance with sludge use or disposal criteria, guidelines or regulations developed
under section 405 ofthe Act or any other federal or state law or regulation applicable to any
reclaimed product ofthe WWF.
.Clill. 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.
Llll Petroleum oil. nonbiodegradable cutting oil. or products of mineral oil origin in amounts that
will cause interference or pass through.
@ Pollutants which result in the presence oftoxic gasses, vapors or fumes within the WWF in
a quantity that will cause acute worker health or safety problems.
!..l..21 Any trucked or hauled pollutants or sewage except those lawfully discharged at specific
points designated by the director of environmental services.
When the director of environmental services determines that a user( s) is contributing to the POTW
any of the above-enumerated substances in such amounts as to interfere with the operation of the
WWF, the director of environmental services shall advise the user(s) of the impact of the
contribution on the WWF and develop effluent limitation( s) for such user( s) to correct the
interference with the WWF.
Sec. 19-42.
Re!!Ulation of waste from other jurisdictions,
ill Discharges received from entities outside the iurisdictional boundaries of the city are
regulated to the same extent as are discharges from within its iurisdictional boundaries. Any
multiiurisdictional agreements amended or initiated after the effective date ofthis ordinance
shall comply with this section
.Qll If another iurisdiction or user located within another iurisdiction contributes wastewater to
the WWF, the control authority shall enter into an agreement with the contributing
iurisdiction.
if.) Prior to entering into an agreement required by subsection (2) above, the control authority
shall request the following information from the contributing iurisdiction:
ill A description ofthe quality and volume of wastewater discharged to the WWF by the
contributing iurisdiction:
ill An inventorv of all users located within the contributing iurisdiction that are
discharging to the WWF: and
ill Such other information as the control authority may deem necessary.
@ An agreement required by subsection (2) above shall contain the following conditions:
StI tlck thtongh passages are deleted.
Underlined passages are added.
2004-0-07
69
ill
ill
ill
ill
ill
@
ill
ill
Sec. 19-43.
'-'
.....,
All contributors to the WWF shall comply with this division and the specific
pollutant limits:
A requirement for the contributing iurisdiction to submit a revised user inventory on
at least an annual basis:
A provision specifying which pretreatment implementation activities. including
wastewater discharge permit issuance. inspection and sampling. and enforcement.
will be conducted by the contributing iurisdiction. which of these activities will be
conducted by the control authority. and which of these activities will be conducted
iointly by the contributing iurisdiction and the control authority:
A requirement for the contributing iurisdiction to provide the control authority with
access to all information that the contributing iurisdiction obtains as part of its
pretreatment activities:
Limits on the nature. quality. and volume of the contributing iurisdiction's
wastewater at the point where it discharges to the WWF:
Requirements for monitoring the contributing iurisdiction's discharge:
A provision ensuring the control authority access to the facilities of users located
within the contributing entity's iurisdictional boundaries for the purpose of
inspection. sampling enforcement. and any other duties deemed necessary by the
control authority: and
A provision specifying remedies available for breach of the terms of the agreement.
Federal cate20rical oretreatment standards.
Upon the promulgation of the federal categorical pretreatment standards for a particular industrial
subcategory. the federal standard. ifmore stringent than limitations imposed under this division for sources
in that subcategory. shall immediatelv supersede the limitations imposed under this division. The director
of environmental services shall notify all affected users ofthe applicable reporting requirements under Rule
62-625.410. F.A.C.
Sec. 19-44.
Modification of federal cate20rical oretreatment standards.
Where the city's wastewater treatment svstem achieves consistent removal of pollutants limited by federal
pretreatment standards. the city mav applv 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 bv the wastewater treatment svstem to a less toxic or harmless state
in the effluent which is achieved bv the svstem in 95 percent ofthe samples taken when measured according
to the procedures set forth in Rule 62-625.420. F.A.C. The city mav then modifv 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.
Soecific oollutant limitations.
Shtick tmongh passages are deleted.
Underlined passages are added.
2004-0-07
70
'-'
....,
No person shall discharge wastewater in excess of:
0.41 mg/l arsenic
1.00 mg/l barium
0.005 mg/l beryllium
250 mg/l BOD
1.00 mg/l boron
0.23 mg/l cadmium
10.0 mg/l chromium, total
1.33 mg/l copper
1.0 mg/l cyanide
5.00 mg/l iron
35.0 mg/l Kieldahl nitrogen
0.66 mg/llead
1.00 mg/l manganese
0.0001 mg/l mercury
0.22 mg/l molybdenum
1.0 mg/l nickel
50.0 mg/l oil and grease
10.0 mg/l total phosphoms
0.80 mg/l selenium
0.34 mg/ll silver
5.00 mg/l sulfides
250 mg/l suspended solids
4.0 mg/l total chromium
3.0 mg/l chromium (trivalent)
1.00 mg/l chromium (hexavalent)
4.0 mg/l zinc
1.00 mg/l total identifiable chlorinated hydrocarbons
0.10 mg/l phenolic compounds
All of the following shall be excluded from the treatment works unless certain conditions and volumes of
pretreatment have been specifically described and approved by the director of environmental services:
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 rig:ht of revisions.
W 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 obiectives
presented in section 74-102 of this division
ill The city reserves the right to enter into special agreements with industrial users setting out special
StltlGk th10ngh passages are deleted.
Underlined passages are added.
2004-0-07
71
'-"
..",.,
terms under which they may discharge to the WWF. In no case shall a special agreement waive
compliance with a pretreatment standard or requirement. However, the industrial user may request
a net grOSS adiustment to a categorical standard in accordance with Chapter 62-625, F AC. The
industrial user may also request a variance from the categorical pretreatment standard from EP A 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 EP A 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 dischar!!e,
No user shall ever increase the use of process water, or, in any way, attempt to dilute a discharge as a partial
or complete substitute for adequate treatment to achieve compliance with the limitations contained in the
federal categorical pretreatment standards, or in any other pollutant-specific limitation developed by the city
or state.
Sec. 19-49,
Accidental dischar!!es.
ill Each user shall provide protection from accidental discharge of prohibited materials or other
substances regulated by this division. Facilities to prevent accidental discharge of prohibited
materials shall be provided and maintained at the owner or users own cost and expense. Detailed
plans showing facilities and operating procedures to provide this protection shall be submitted to the
city for review, and shall be approved by the city before construction of the facility. All existing
users shall complete such a plan within 180 days after the effective date of this division. No user
who commences contribution to the WWF after the effective date of this division shall be permitted
to introduce pollutants into the system until accidental discharge procedures have been approved by
the city. 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 WWF ofthe incident. The notification shall include location of discharge,
type of waste, concentration and volume. and corrective actions.
ill Within five days following an accidental discharge, the user shall submit to the director of
environmental services a detailed written report describing the cause of the discharge 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 WWF, fish kills or any other damage to person or property: nor shall such notification
relieve the user of anv fines, civil penalties or other liability which mav be imposed bv this division
or other applicable law.
W 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
emplovees who may cause or suffer such a dangerous discharge to occur are advised of the
emergency notification procedure.
Sec. 19-50.
Fees.
Stmck trnotlgh passages are deleted.
Underlined passages are added.
2004-0-07
72
'-'
...."
U!l Purpose. It is the purpose of this division 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.
ilil. Charges and fees. The city may adopt charges and fees which may include:
ill Fees for reimbursement of costs of setting UP and operating the city's pretreatment
program.
ill Fees for monitoring; inspections and surveillance procedures.
ill Fees fur reviewing accidental discharge procedures and construction.
ill Fees for permit applications.
ill Fees for filing appeals.
(Ql Fees for consistent removal (by the city) of pollutants otherwise subiect to federal
pretreatment standards.
ill Other fees as the city may deem necessary to Carry out the requirements contained
herein These fees relate solely to the matters covered by this division and are separate
from all other fees charged by the city. Charges and fees shall be for the recovery of
actual costs of city labor, materials and equipment (plus 25 percent overhead
expenses) and the invoiced charges by others for the above services.
Sec. 19-51. Compliance l!enerally.
It shall be unlawful to discharge without a city permit to any natural outlet within the city or in any
area under the iurisdiction ofthe city, and/or to the WWF any wastewater except as authorized by
the director of environmental services in accordance with the provisions of this division.
Sec. 19-52.
Wastewater discharl!e permits.
U!l 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
discharge permit within 180 days after the effective date of this division
ilil 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 user notified by the city as having been designated a significant
industrial user pursuant to sect ion 74-101 shall. within 30 days of such notification, apply
for a wastewater discharge permit. Proposed new users shall applv at least 90 davs prior to
connecting to or contributing to the WWF. In support ofthe application, the user shall submit
in units and terms appropriate for evaluation, the following information:
ill Name, address and location (if different from the address).
ill SIC number according to the Standard Industrial Classification Manual, Bureau of the
Budget 1972, as amended.
ill Wastewater constituents and characteristics, including, but not limited to, those mentioned
in section 74-103 as determined bv a reliable certified analvticallaboratorv: sampling and
analvsis shall be performed in accordance with procedures established bv the EP A pursuant
Stmck through passages are deleted.
Underlined passages are added.
2004-0-07
73
'-"
.....,
to section 304( g) ofthe Act and contained in 40 CFR part 136. as amended, and Chapter 62-
625, F.A.C.
ill Time and duration of contribution
ill Average daily and 30-minute peak wastewater flow rates. including daily, monthly and
seasonal variations if any.
(Q2 Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer
connections and appurtenances by the size, location and elevation.
ill 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 74-110.
ill 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.
ill 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 maior 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 maior components. commencing
construction, completing construction, etc. ).
b. No increment referred to in subsection (b)(9)a of this section shall exceed nine
months.
c. Not later than 14 days following each date in the schedule and the final date for
compliance the user shall submit a progress report to the director of environmental
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 this increment of progress, the reason for delay and the steps being taken by
the user to return the construction to the schedule established. In no event shall
more than nine months elapse between such progress reports to the director of
public utilities.
.liQl Each product produced by type. amount. process or processes and rate of production.
a.u Tvoe and amount of raw materials processed (average and maximum per dav).
1..lll Number and type of emplovees, and hours of operation of plant and proposed or actual hours
of operation of pretreatment svstem.
!...U2 Development and implementation of spill control plans or other special conditions including
additional management practices necessary to adequately prevent accidental. unanticipated
or routine discharges.
.Q.1l Installation of pretreatment technology or construction of appropriate containment devices,
etc., designed to reduce. eliminate or prevent the introduction of pollutants into the WWF.
(ill A list of any environmental control permits held by or for the facility.
Stl tick thtongh passages are deleted.
Underlined passages are added.
2004-0-07
74
The city will evaluate the data furnished bv the user and mav require additional information. After evaluation
and acceptance of the data furnished. the city may issue a wastewater discharge permit subject to terms and
conditions provided herein.
ill Permit modifications. Within nine months of the promulgation of a national categorical pretreatment
standard. the wastewater discharge permit of users subject to such standards shall be revised to
require compliance with such standard within the time flame 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) of this section, the user
shall apply for a wastewater discharge permit within 180 days after the promulgation of the
applicable national categorical pretreatment standard. In addition. the user with an existing
wastewater discharge permit shall submit to he director of environmental services within 180 days
after the promulgation of an applicable federal categorical pretreatment standard the information
required by subsections (b )(8) and (b )(9) of this section.
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:
ill The unit charge or schedule of user charges and fees for the wastewater to be discharged to
a community sewer.
Limits on the average and maximum wastewater constituents and characteristics.
Limits on average and maximum rate and time of discharge or requirements for the flow
regulations and equalization.
Requirements for installation and maintenance of inspection and sampling facilities.
Specifications for monitoring programs which may include sampling locations. frequency
of sampling. number. types and standards for tests and reporting schedule.
Compliance schedules.
Requirements for submission of technical reports or discharge reports (see section 74-114).
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(4). F.A.C.. and affording city access thereto.
Requirements for notification to the city of any new introduction ofwastewater constituents
or anv substantial change in the volume or character of the wastewater constituents being
introduced into the wastewater treatment svstem.
Requirements for notification of slug discharges as per section 7 4-1l8(b ).
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 applicable pretreatment standards and
requirements 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 (4), F.A.C..
ill
ill
ill
ill
ill
(2l
ill
ill
121
ilQl
a.u
.......
."""
!l.Ql 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.
.liZ2 Any other information as may be deemed by the city to be necessary to evaluate the permit
application.
Shuck tll10ngh passages are deleted.
Underlined passages are added.
2004-0-07
75
'-"
.....,
to assure compliance with pretreatment standards. Such authority shall be at least as
extensive as the authority provided under F.S. & 403.091.
illl Provisions for compliance with the confidentiality requirements set forth in Rule 62-
625.800. F.A.C.
.LUl A statement of applicable civil and criminal penalties for violation of pretreatment standards
and requirements.
(H} Other conditions as deemed appropriate bv the city to ensure compliance with this division
W Duration. Permits shall be issued for a specified time period. not to exceed five vears. A permit may
be issued for a period less than a vear. All permits shall be stated to expire on a specific date. The
user shall apply for permit reissuance a minimum of 180 days prior to the expiration ofthe user's
existing permit The terms and conditions of the permit mav be subject to 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 cause exists. The user shall be informed of any proposed changes in his permit
at least 30 davs prior to the effective date of change. Anv changes or new conditions in the permit
shall include a reasonable time schedule for compliance.
@ 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. Anv succeeding
owner or user shall also comply with the terms and conditions of the existing permit.
Sec. 19-53.
ReDortine: reauirements for Dermittee.
!ill. Compliance date report. Within 90 days following the date for final compliance with applicable
pretreatment standards or. in the case of a new source, following commencement of the introduction
of wastewater into the WWF. any user subject to pretreatment standards and requirements shall
submit to the director of environmental services 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 dailv 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.
ilil Periodic compliance reports.
ill 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
WWF, shall submit to the director of environmental services during the months of June and
December. unless required more frequently in the pretreatment standard by the director of
environmental services. a report indicating the nature and concentration of pollutants in the
effluent which are limited by such pretreatment standards. In addition, this report shall
include a record of all daily flows which during the reporting period exceeded the average
daily flow reported pursuant to section 74-113. At the discretion of the director 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.
Stltlck th10ngh passages are deleted.
Underlined passages are added.
2004-0-07
76
'-"
...",
ill The director of environmental services 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) of this section shall indicate the mass of pollutants regulated by
pretreatment standards in the effluent of the user. These reports shall contain the results of
sampling and analysis of the discharge, including the flow and the nature and concentration,
or production and mass where requested by the director of environmental services, 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 bv the EP A 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 EP A. Sampling shall
be performed in accordance with the techniques approved by the EP A. (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 EP A 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 EP A or with any standard procedures
approved by the FDEP.)
ill Baseline revort. Reporting requirements for industrial users upon the effective date of categorical
pretreatment standards is the baseline report.
ill Existing users. Within 180 days after the effective date of a categorical pretreatment
standard, or 180 days alter the final administrative decision made upon a categorv
determination request under Rule 62-625.410(2)(d), F.A.C., whichever is later, existing
industrial users subi ect 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 62-625.41O(2)(b) and (c), F.A.C., the industrial
user shall not be required to submit this information again.
ill New users. At least 90 days prior to commencement of discharge, new sources, and sources
that become industrial users subsequent to the promulgation of an applicable categorical
pretreatment standard, shall submit to the control authority a report which contains the
information listed in 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. of this section.
a. Identifvinf! 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. Descrivtion of overations. The industrial user shall submit a brief description of the
nature, average rate of production, and SIC codes of the operations carried out bv
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
Stltlck through passages are deleted.
Underlined passages are added.
2004-0-07
77
'W"
,.",.,
from each of the following:
.L. 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 iustified by cost or feasibility considerations.
e. Measurement orvol/utants.
.L. 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.
1:. 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, 24-hour composite samples shall be obtained through
flow-proportional composite sampling techniques where feasible. The
control authority shall waive flow-proportional composite sampling for any
industrial user that demonstrates that flow-proportional sampling is
technically infeasible. In such cases, samples shall be obtained through
time-proportional composite sampling techniques or through a minimum of
four grab samples where the industrial user demonstrates that this will
provide a representative sample of the effluent being discharged.
4. The industrial user shall take a minimum of one representative sample to
compile the data necessary to comply with these requirements.
.2.:. 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-
625.41 0(6), F .A.C" this adiusted 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 sha 11 be conducted under the requirements of Rule 62-
160.300(4), F.A.C" for Category 2A. Sampling activities and laboratory
analyses shall be performed according to procedures specified in "The
Department of Environmental Regulation Standard Operating Procedures
for Laboratory Operations and Sample Collection Activities" (DER-OA-
001/92), September, 1992.
Shtick tmongh passages are deleted.
Underlined passages are added.
2004-0-07
78
'-'
....,
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.
~ 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 WWF.
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.
&. Comoliance 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. Ifthe categorical pretreatment standard is modified as described above after
the industrial user submits the report required by this subsection. any
necessary amendment to the certification statement and compliance
schedule shall be submitted by the industrial user to the control authority
within sixty (60) days after the modified limit is approved.
@ Compliance schedule for meeting categorical pretreatment standards. The following conditions shall
apply to the compliance schedule required by subparagraph (c )(2)g. of this section:
ill The schedule shall contain increments of progress in the form of dates for the
commencement and completion of maior 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 maior components. commencing construction, completing
construction).
ill No increment referred to in subsection (d)(l ) of this section shall exceed nine months.
ill Within 14 days following each date in the schedule and the final date for compliance, the
industrial user shall submit a progress report to the control authority including at a
minimum, whether or not it complied with the increment of progress to be met on such date
and, if not the date on which it expects to comply with this increment of progress. the reason
for delay, and the steps being taken by the industrial user to return the construction to the
schedule established. In no event shall more than nine months elapse between such progress
reports to the control authority.
liD. Report on compliance with categorical pretreatment standard deadline. With 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 WWF, any industrial
S tI tlck tin 15 ngh passages are deleted.
Underlined passages are added.
2004-0-07
79
'-'
....",
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. of this section. 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.
ill Periodic reports on continued compliance.
ill 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 WWF, shall submit to the control authority as specified in the permit a
report indicating the nature and concentration of pollutants in the effluent which are limited
by such categorical pretreatment standards. In addition, this report shall include a record of
measured or estimated average and maximum daily flows for the reporting period for the
discharge reported in subparagraph (c )(2)d. of this section, except that the control authority
shall require more detailed reporting of flows ifnecessary to comply with the requirements
of this rule.
ill Where the control authority has imposed mass limitations on industrial users as provided
for by Rule 62-625.410(5), F.A.C" the report required by subsection (f)(1) of this section
shall indicate the mass of pollutants regulated by pretreatment standards in the discharge
from the industrial user.
ill For industrial users subject to equivalent mass or concentration limits established by the
control authority in accordance with the procedures in Rule 62-625.41 0(4), F AC., the report
required by subsection (f)(1) 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 (D( 1 ) above
shall include the industrial user's actual average production rate for the reporting period.
(gl Notice of potential problems, including slug discharges. All categorical and significant
noncategorical industrial users shall notify the control authority and WWF immediately of all
discharges that could cause problems to the WWF, including any slug discharges and prohibited
discharges, as specified by Rule 62-625.400(2), F.A.C.
ilil Monitoring and analysis to demonstrate continued compliance.
ill The reports required in subsections (c), (e) and (f) of this section 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 bv the control authority, of
pollutants contained therein which are limited bv the applicable pretreatment standards. This
sampling and analysis mav be performed by the control authority in lieu of the industrial
user. Where the control authority performs the required sampling and analvsis 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) of this section. 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 shall
comply with Rule 62-160.670, F.A.C.
StI tick tmongh passages are deleted.
Underlined passages are added.
2004-0-07
80
,..
....,
ill If sampling performed by an industrial user indicates a violation. the industrial user shall
notify the control authority within 24 hours of becoming aware of the violation. The
industrial user shall also repeat the sampling and analysis and submit the results of the
repeat analysis to the control authority within 30 days after becoming aware of the violation.
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
b. The control authority performs sampling at the industrial user between the time
when the industrial user performs its initial sampling and the time when the
industrial user receives the results of the sampling.
ill The reports required in subsection (f) of this section 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.
ill All activities related to sampling and analysis shall be subject to the same requirements as
specified by sub-subparagraph (c )(2k6. of this section.
ill If an industrial user subject to the reporting requirement in subsection (f) of this section
monitors any pollutant more frequently than required by the control authority. using the
procedures required by sub-subparagraph (c)(2k6. of this section, the results of this
monitoring shall be included in the report.
ill Reporting requirements for industrial users not subject to categorical pretreatment standards.
ill The control authority shall require appropriate reporting from those industrial users with
discharges that are not subject to categorical pretreatment standards. Significant
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.
ill 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. of this section.
ill 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 WWF, including the listed or characteristic hazardous wastes
for which the industrial user has submitted initial notification under subsection (n) of this section.
ill Signatory requirements for industrial user reports. The reports required by subsections (c). (e) and
(g) of this section shall include the certification statement as set forth in Rule 62-625.41 0(2)(b )2.
F.A.C.., and shall be signed by an authorized representative of the industrial user.
ill Provisions governing fraud and false statements. Anv 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 ofF.S. & 403.161. for any falsification described in that
section.
(m) Record-keeping requirements.
ill 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 subiect to the
record-keeping requirements specified in Rule 62-160.600, F.A.C.
Shtick trnongh passages are deleted.
Underlined passages are added.
2004-0-07
81
'-'
""""
ill Any industrial user or control authority subiect to the reporting requirements established in
this section shall be required to retain for a minimum of three years any records of
monitoring activities and results (whether or not such monitoring activities are required by
this section) and shall make such records available for inspection and copving bv the control
authority. This period of retention shall be extended during the course of any unresolved
litigation regarding the industrial user or control authority.
illl Provisions governing hazardous waste.
ill The industrial user shall notify the control authority and the FDEP hazardous waste and
pretreatment authorities in writing of any discharge into the WWF 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 EP A hazardous waste
number, and the type of discharge (continuous, batch, or other). If the industrial user
discharges more than 100 kilograms (lOOgklL) of such waste per calendar month to the
WWF, the notification shall also contain information (to the extent such information is
known and readily available to the industrial user) identifying the hazardous constituents in
the waste stream discharged during that calendar month, and estimating the mass of
constituents in the waste stream expected to be discharged during the following 12 months.
Industrial users who commence discharging after the effective date of this chapter shall
provide the notification no later than 180 days after the discharge of the listed or
characteristic hazardous waste. Any notification under this subsection shall be submitted
only once for each hazardous waste discharged. However, notifications of changed
discharges shall be submitted under subsection (i) of this section. The notification
requirement in this section does not apply to pollutants already reported under the self-
monitoring requirements of subsections (c), (e) and (f) of this section.
ill Industrial users shall be exempt from the requirements of subsection (n)(1) ofthis section
during a calendar month in which they discharge no more than 15 kilograms of hazardous
wastes, unless the wastes are acute hazardous wastes as specified in Chapter 62-730, F.A.C.
Discharge of more than 15 kilograms of non-acute hazardous wastes as specified in Chapter
62-730, F.A.C., requires a one-time notification. Subsequent months during which the
industrial user discharges more than such quantities of any hazardous waste do not require
additional notification.
ill In the case of any new FDEP regulations identifying additional characteristics of hazardous
waste or listing any additional substance as a hazardous waste, the industrial user shall
notify the control authority and the department's hazardous waste and pretreatment
authorities of the discharge of such substance within 90 days of the effective date of such
regulations.
Bl In the case of any notification made under this subsection, the industrial user shall certifv
that it has a program in place to reduce the volume and toxicity of hazardous wastes
generated.
Sec. 19-54.
Monitorin!! facilities.
!ill. 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 sewer 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
Stmck Hllough passages are deleted.
Underlined passages are added.
2004-0-07
82
'W"
...",
facility to lie constructed in the public street or sidewalk area and located so that it will not be
obstructed by landscaping or parked vehicles. When deemed necessary by the director of
environmental services, 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 sewer 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 director of environmental 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.
ill There shall be ample room in or near such sampling manhole or facility to allow accurate sampling
and preparation of samples for analysis. The facility, sampling and measuring equipment shall be
maintained at all times in a safe and proper operating condition at the expense of the user. Whether
constructed on public or private property, the sampling and monitoring facilities shall be provided
in accordance with the city's requirements and all applicable local construction standards and
specifications. Construction shall be completed within 90 days following written notification by the
~
Sec. 19-55.
Inspection and samplinl!:.
.fill. The city shall inspect the facilities of any user to ascertain whether the purpose of this division 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 oftheir duties. The city. FDEP and the EP A shall have the
right to set UP on the user's property such devices as are necessary to conduct records examination
or duplication. sampling inspection. compliance monitoring and/or metering operations. Where a
user has security measures in force which would require proper identification and clearance before
entry into their premises, the user shall make necessary arrangements with its security guards so that
upon presentation of suitable identification personnel from the city, FDEP, EPA. or any other
governmental entity or agency will be permitted to enter, without delay, for the purposes of
performing their specific responsibilities. Any temporary or permanent obstruction to safe and easy
access to the facility to be inspected. monitored, metered and/or sampled shall be promptly removed
by the user at the written or verbal request of the city and shall not be replaced. The costs of clearing
such access shall be borne by the user. The provisions ofF.s. && 933.20 through 933.30, inclusive,
relating to inspection warrants. are hereby adopted by reference in this section.
ill This sampling and analysis may be performed by the control authority in lieu of the industrial user.
Where the WWF 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 WWF itself collects all the information required
for the report, including flow data, the industrial user will not be required to submit the report.
if} If sampling performed by an industrial user indicates a violation, the user shall notify the control
authority within 24 hours of becoming aware of the violation. The user shall also repeat the sampling
and analysis and submit the results ofthe repeat analysis to the control authority within 30 days after
becoming aware of the violation, except the industrial user is not requited to resample it.
ill The control authority performs sampling at the industrial user at a frequency of at least once
ShtIck tlnongh passages are deleted.
Underlined passages are added.
2004-0-07
83
...,.
-....I
ill
per month; or
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.
ill Users shall provide necessary wastewater treatment as required to comply with this division and
shall achieve compliance with all federal categorical pretreatment standards within the time
limitations as specified bv the federal pretreatment regulations. Anv facilities required to pretreat
wastewater to a level acceptable to the city shall be provided. operated and maintained at the users
expense. Detailed plans showing the pretreatment facilities and operating procedures shall be
submitted to the city forreview. and shall be acceptable to the city before construction of the facility.
The review of such plans and operating procedures will in no wav 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. Anv 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.
ill The city shall annuallv publish in a newspaper of general circulation within the city a list of the users
which were in significant noncompliance with anv pretreatment requirements or standards at least
once during the 12 previous months. The notification shall also summarize anv enforcement actions
taken against the user(s) during the same 12 months.
ill All records relating to compliance with pretreatment standards shall be made available to officials
of the EP A. FDEP or city upon request.
Sec. 19-56.1. Confidentialitv.
The provisions of Rule 62-625.800. F.A.C.. relating to confidentiality. are herebv adopted bv reference in
this section.
Sec. 19-57. Enforcement.
ill Susoension of service. The city mav 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 mav present an imminent or 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 person notified of a
suspension of the wastewater treatment service and/or the wastewater contribution permit shall
immediatelv stop or eliminate the contribution. In the event of a failure of the person to comply
voluntarilv with the suspension order. the city shall take such steps as deemed necessary. including
immediate severance of the sewer connection. to prevent or minimize damage to the WWF svstem
or endangerment to anv individuals. The city shall reinstate the wastewater contribution permit
and/or the wastewater treatment service upon proof of the elimination of the noncomplving
discharge. A detailed written statement submitted bv the user describing the causes of the harmful
contributions and the measures taken to prevent anv future occurrence shall be submitted to the city
within 15 davs of the date of occurrence.
ill Revocation of oermit. Anv user who violates the following conditions of this division. or applicable
state and federal regulations. is subiect to having its permit revoked in accordance with the
Shtick tll10ngh passages are deleted.
Underlined passages are added.
2004-0-07
84
'-'
.."."
procedures of this section:
ill Failure of a user to report factually the wastewater constituents and characteristics of his
discharge.
ill Failure of the user to report significant changes in operations or wastewater constituents and
characteristics.
ill Refusal of reasonable access to the user's premises for the purpose of inspection or
monitoring.
ill Violation of conditions of the permit.
ill Falsifying periodic compliance reports.
@ Tampering with monitoring equipment.
ill Failure to pay administrative surcharges.
ill Failure or refusal to accept notices of violation or compliance schedules or other
enforcement procedures.
i.2.l Reasonably imminent endangerment of facility personnel or the public.
1rl Notification of violation. Whenever the city finds that any user has violated or is violating this
division, a wastewater contribution permit or any prohibition or limitation of requirements contained
herein, the city may serve upon such person a written notice stating the nature of the violation.
Within 30 days of the date of the notice. a plan for the satisfactorv correction thereof shall be
submitted to the city by the user.
@ Show cause hearing:
ill The city may order any user who causes or allows an unauthorized discharge to enter the
WWF to show cause before the city council why the proposed enforcement action should
not be taken. A notice shall be served on the user specifying the time and place of a hearing
to be held by the city council regarding the violation, the reasons why the action is to be
taken, the proposed enforcement action and directing the user to show cause before the city
council why the proposed enforcement action should not be taken. The notice of the hearing
shall be served personally or by registered or certified mail. return receipt requested. at least
ten days before the hearing. Service may be made on any agent or officer of a corporation
ill The city council may itself conduct the hearing and take the evidence or may designate anv
of its members or any staff member or employee of the city to:
a. Issue in the name of the city council notices of hearings requesting the attendance
and testimony of witnesses and the production of evidence relevant to any matter
involved in such hearings:
b. Take the evidence:
f..:. Transmit a report of the evidence and hearing including transcripts and other
evidence, together with recommendations to the city council for action thereon.
ill At any hearing held pursuant to this division, testimonv taken must be under oath and
recorded. If evidence is taken bv other than the city counciL it shall be recorded
stenographically for review by the city council.
ill After the city council has reviewed the evidence. it mav issue an order to the user
responsible for the discharge directing that. following a specified time period. the sewer
service be discontinued unless adequate treatment facilities, devices or other related
appurtenances shall have been installed on existing treatment facilities and are properly
operated. Further orders and directives as are necessary and appropriate may be issued.
ill Leflal action. If any person discharges sewage, industrial wastes or other wastes into the city's
Stlttck tll1otl~h passages are deleted.
Underlined passages are added.
2004-0-07
85
'-"
....,
wastewater disposal system contrary to the provisions of this division, federal or state pretreatment
requirements or any order of the city, the city may commence an action for appropriate legal and/or
equitable relief in the circuit court of the county. The city may recover reasonable attorney's fees,
court costs, court reporter's fees, and other expenses of litigation brought hereunder. Such legal
action may include, but shall not be limited to, the following:
ill Petition for federal or state enforcement. In addition to other remedies for enforcement
provided herein, the director of environmental services may petition the FDEP or EP A as
appropriate, to exercise such methods or remedies as shall be available to such government
entities to assess penalties in such amounts as provided by federal or state law, or to seek
criminal or civil penalties, injunctive relief, or such other relief as may be 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.
ill Citation to county court. Notwithstanding any of the above, the director of environmental
services may cite any user to county court for violation of any provision of this division A
violation of any condition or requirement of the user's IWDP shall be deemed to be a
violation of this division.
ill Injunctive and otherrelief. The director of environmental services, through the city 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
occur to the WWF or for any other expense, loss or damage of any kind or nature suffered
by the city.
ill 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 of the city
sewer system or environmental services department. Any person violating this provision shall be
subject to immediate arrest under charge of destruction of public property.
W Affirmative defense. A user shall have an affirmative defense to an enforcement action brought
against it for noncompliance with the prohibitions in section 74-103 if it can prove that it did not
know, or have reason to know, that its discharge, alone or in conjunction with discharges from other
sources, would cause pass through or interference and that either:
ill A local limit exists for each pollutant discharged and the user was in compliance with each
limit directly prior to and during the pass through or interference: or
ill No local limit exists, but the discharge did not change substantially in nature of constituents
form the user's prior discharge when the WWF was regu1arlv in compliance with its NPDES
permit, and, in the case of interference, was in compliance with applicable sludge use or
disposal requirements.
An affirmative defense shall not app1v to the specific prohibitions in subsections 74-103(1), 74-103(3) and
74-103(19).
ill Consent orders. The city may enter into consent orders, stipulations, assurances of voluntarv
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
Shtick thtough passages are deleted.
Underlined passages are added.
2004-0-07
86
W'
....."
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 iudiciallv
enforceable.
ill Remedies nonexclusive. The remedies provided for in this division are nonexclusive. The city mav
take any, all, or any combination ofthe enforcement actions against a noncompliant property owner
or user. Enforcement of pretreatment violations will generally be in accordance with the city's
enforcement response plan. However, the city mav take other action against anv property owner or
user when the circumstances warrant. Further, the city is authorized to take more than one
enforcement action against any noncompliant property owner or user.
Sec. 19-58.
Penaltv.
{ill A person violating anv of the terms, conditions, orders. rules, regulations. permits, limitations or
provisions ofthis industrial pretreatment program shall be punished in accordance 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 herein provided. Any
continuing violations may be enioined and restrained bv an iniunctive order of the circuit court in
appropriate proceedings instituted for such purposes.
ill Violations of the industrial pretreatment program ordinance codified in this division may be referred
to the municipal code enforcement board as prescribed bv section 2-206 et seq. of this Code.
ill Any person who knowingly makes any false statements, representations or certifications in anv
applications, record, report, plan or other document filed or required to be maintained pursuant to
this division or wastewater contribution permit. or who falsifies, tampers with or knowingly renders
inaccurate any monitoring device or method required under this division, shall, upon conviction, be
punished as provided by section 1-8 of this Code; except that the maximum fine shall be $1,000.00.
Sec. 19-59.
Reserved.
ARTICLE Y. INDUSTRIAL '..VASTES
See. 19-51.
Definitions.
.rOI the pt1lpO~G~ ofthi~ artide, the follo~ing ~oId~ and plnMG~ ~hallhavG themGcming~ I Gspceti vdy
MGIibcd to them.
BOD (.lellotih15 bio.:l.emi':ul OXY15l;;1l demulld). The qtlcmtitji of oxygen tltiliz:ed in the biochemical
oxidMion of organic IllMtCI tlndGI stalld.nd labOIMory ploecdtlIGs in fivc (5) days M t~entji (20)
dcgIGc~ centiglade, GxpIGsscd ill milligrams pCI lite!.
C.O.D. (denot;,tg cl.emtcul oX'Y15ell demaltd). A meMtlle of the OXjigCll constlming capacity of
inoIgallic cmd oIgcmie IllMteI present in ~aste~MeI. It is CXplc1\1\cd M the equivalent alllOtlnt of
oxygen Iequiled M dGtc.unincd tlsing a Ghemieal oxidant in a stalldmd tG1\t. It doe1\ not diffeIentiMc
bet~cen 1\table and unstable, oIgmlie rnatclial cmd thtl1\ dOC1\ not ncce1\1\arily condMC ~ith
StltlGk tll10ngh passages are deleted.
Underlined passages are added.
2004-0-07
87
.......
....,
bioehenlieal oxygen demMid (D.a.D.).
~~/_~u~e. ~~lid wMte fIom the pIcp41ation, cooking and dispcnsing of rood nom the h411dling,
stOlagG Mid sale of p1odncG.
Jlldt.Jtf fa: rMstes. ThG ~ateIboI1lc vyMtcs fIom industrial p10cesses M distillGt nom domestic
se ~ age.
ph. The negative 10gMithm of the IeeipIoeal of the vyeight ofhydtogcnions in glMIB pel litC1 of
solution.
11 ~ fir r
mgu. v 1 19IMllS pel 1tel.
Sanftury "ervel. A seweI ~hieh eM1ies se~age Mid to vyhieh stoIm, SUI face Mid glotl1ldwate1s Me not
intentionally admitted.
Se r\;'age. A combination ofthe vyate1 eanied ~ Mtes fiom d~ ellings, busilless buildings, institutions,
and industIial establishments. hI cff~et, it is the vy ate1sttpply of a eonuntl1lity afte1 it has been fouled
b~ vatiotls tlses MId disehMgcd into a seVye!.
Servdctge r~ull.J. A compIehensive tam ~hieh incltldes facilities f01 collecting, ptlnlping, treating
MId disposing sewage.
Suspellded MUd;!,. Solids t11M eithe1 float on the smfaee of, 01 Me in stlspension in ~atC1, seVY age 01
otheI liqtlids MId ~hich Me capable of being Iemoved by filtering.
Uti:ity. The city ~ate1 MId se~e1 depMtmwt.
See. 19-52.
Penal~ rOI l iolation of dh ision.
Any pClson violating M})' of the pIovisions of this division 01 failing to comply thoewith
shall be deemed gtlilt, of a misdenlGanOI MId shall be punished by a fine of not less thM} one dollal
($1.00) n0111101e than fi vG thotlsand dollMS ($5,000.00), 01 by imp1isonment in thG jail ro1 a pC1iod
of not exceeding sixt, (GO) da)'S 01 by both Stl"h fine and imp1isonment, at the disG1aion ofthGjudgG
trying the "MG. Each da)' any stlGh violation shall eontintlG shall constitute a sepMate offellse.
Sec. 19-53.
Plohibited "atel 11 Genet ally.
SttnGk tlnotlgh passages are deleted.
Underlined passages are added.
2004-0-07
88
llW'
....,
No pGl~c,n ~hall di~eh<'tlgG 01 GMl~G to bG di~dl<'tlgcd any ~tc,nn~atGI, ~tllfacG ~ettGI, loof
Itlnoff, glomldwettGI, ~vvimll1ing pool ~ettGl, ~ttb~tllfaeG dlainagG, cc,oling ~ettel of an)1 tYPG of
tlnpollnted indtl~tIial 01 eommelGial pl0eG~~ watel into <'tll)1 ~anitary ~G~Cl.
Sec. 19-54. Same Enllnleution.
ExeGpt M OthGl~i~G plovided by thi~ divi~ic,ll, no pGI~On ~hall di~eh<'tlge 151 Gan~c to bG di~ch<'tlgcd
any of the fullo~ing dG~eIibcd ~MtC~ 01 wMC1~ to ml)1 ~anit<'tl) 151 ~tc,nn ~C~Cl.
(a) Ai'!) liqnid having a tcmpeIettme highGI thml ninGt,-fivc (95) dcglcc Pctll1GIthcit.
(b) AilY ~ MCl 01 w Mtc containing mOl G than fift)1 (50) mg/l M anyone timc 01 that exceed!! a
dail)1 avcla~e oftwcnt)1-fivG (25) m~/I, ~hcn ~ampkd tInee (J) eon~ccntivc til1lG5 within a
t~Gnty-fot1.I hom pCliod, of an)1 greMe 01 oil 01 any oil)1 ~ttb~tallcc.
(c) Any gMoline, benzenG, naphtha, fttd oil 01 othel flammable, 01 Gxplo~i v G liqnid, ~olid 01 gM.
(d) An)1 vv MGl ~ 01 vv Mte~ containing a toxk 01 pc,i~onon~ ~ttb~tmleG in ~nffiGiGllt qnantity to
injtI:IG 01 intelfelG ~ith any ~GwagG tIG<rt1ncnt plOGG~~, C011~titnte a haz<'tld to htl1ll<'tll~ 01
animal~, 01 GICMe <'tllY hazmd in the leeciving ~ettCl~ ofthG ~G\lI;agG tIeMment pl<'tllt.
(c) Art) g<'tlbage. that hM not be.en plopeIl)1 ~hlCddcd, whieh ~hall mean the ~Mte~ fiOlll the
plcp<'tlMion, ec,oking and di~pen~ing of rood nlt1.~t be ~Ine.dded to ~neh degree thM all
pmliele,~ will be. e<'tllied fled) nndeI the flo~ eondition~ normally plevailing in pnblic
~CwGI~, ~ith no pmiide ~iz:c gteMe.l than one-half inch in <'tllY dimen~ion.
(f) An)1 ~atel~ having a pH lo~el than 6.0 01 highcI than 9.0 and having ml) OthCl COII05ive
plOpGt)1 capable, of ean~ing damagc 01 haz<'tld to ~tltlctnlc~, eqnipmcnt 01 pCl~onlld of the
~e.~clagc ~olks.
(g) AiIY wettel 01 vvaste cc,ntaining toxic ~ttb~tanec~ in qnantitie~ in exec~~ of the follow ing lill1it~
and mCMmed M the point of di5ehmgG into the ~e.~el ~)15tell1.
Sttb:5tCulGe
Afg/t
CY<'tllide5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 0.01
Coppel, total. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 0.5
Clnc,mimn, hexavalent. . . . . . . . . . . . . . . . . . . . . .. 0.05
CInc,mimn, total. . . . . . . . . . . . . . . . . . . . . . . . . . .. 1.0
Cadluinln. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 0.1
Zinc, total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1.0
Cobalt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 0.1
Silvel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 0.15
rvlangane!!e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1.0
Dmimn. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1.0
Snlfidc~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.2
Sdeninln. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.01
Stl tlck tin ongh passages are deleted.
Underlined passages are added.
2004-0-07
89
'-'
...."
1'iiGkel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 0.5
PI 'd
nOLI C.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G.O
DctGIgcnts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.5
Alnmintl111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0
AtseniG. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 0.05
1-IGIGnl). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.05
LGad. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .0.05
DOlon. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .0.3
01 an) snbstanee that ~ill pM1I tmongh thG 1Icvvage tlGatmcnt plant and Gxc(,Gd thG 1Itatc 01
fedGl all Gqnil Gmcnts :001 the 1 ce.d v ing 1Itl ean1.
(11) Atl) ~atCI 01 ~MtG containing snspGnded solids, DOD 01 COD of sndl GhMaGtcI and
qnMltitJ that nI'ltlsnal attention 01 GXpCU1lG i1l 1 cqnil cd to handle, 1InGh mataial1l at the 1IcvvagG
tlcatment plant, ~ ithont a 1Ipccial p(,lmit.
(i) AnJ toxic utdioaGti v G i1l0topG1I, vv ithont a 1Ipcdal pClmit.
(j) AtlJ noxions gMes.
(k) AnJ MhG1I, llletal1l, einde11l, lags, mnd, 1ItIavv, g1M1I, fcathe11l, tM, plMtie1l, ~ood 01 otho
intel fel ing ob1lh tKting 1I0lid1l.
Sec. 19-55. SaDie Special All Angement:s.
No Plovision of section 19-53 01 19-54 1\hall bc constItIed M plohibiting any 1Ipceial
agr cement 01 MI Mlgement bet ~ eGn thG ntili t, and any pel son vv hel cb, an indnstl ial ~ Mte of nnnsnal
1\tIength 01 cllMaG-tel may be admitted into the SMlitltl') 1IevvC1S fOI tIeatment by the ntilitJ aftel
pletnatment by the pason.
Sec. 19~56. TI eatment of industI illl WAstes.
The economy .!lld dC1Iilability o[the. eonwinGd tlGatmGnt of indnstlial vvMte1l and 1Ianita1)
sG~age is ncoglli:z;cd. IIOvvGvel, not all typGS and qnantitiGs ofindtI1Itlial ~MtCS Gan bc so tleatcd.
I1eIle.e, it 1Ihall bc thc G1Itablishcd policy to adnlit th01le typcs MId qtIantities ofindnstIial vvMtGS that
MG not hMmful 01 d.!maging to the stltletnles, pIOeG1I1Ies 01 opelation of thG sevvage vvolk1l M
detelluined by the ntilit)i.
Sec. 19-57. ApplolAllequhcd (01 industIial WAstes.
In oldel to con:tJ:ol the ltdl11ission ofindn1ltIial ~Mtes, the di1lehmge to the pttblie 1\evvC1S of
Shtick tmongh passages are deleted.
Underlined passages are added.
2004-0-07
90
......,
....,
~~~ ~a~eIs 01 wMtes s~all.be sttbjeetto levievv and applo val ofthe tltility, bMed tlpon etlllent fcdelal
and state lavvs zmd gtlIdclll1es.
See. 19-58.
nTh t t t . d
n en pie lea men lequne .
:he tlSel ofthe tltility se~ el systcm shall pIO v ide at this expense stlch pI climilla.r, tl eatmwt
01 handlIng M may be neeessar, to modify the objectionable ehatactelisties 01 eOllstittlents to come
~ ithin the limits set WI th in this di v isioll.
Sec. 19-59.
Suney datA lequhed.
All tlSeIS of the se~el system ~ho Me not disehatging indtlsttial ~Mte into the pttblie se~elS
shall exeCtlte and file ~ith the tltility vvithin one month [10m the date of apploval o[this division
[Itlly 9, 1979], a complete statenIent o[the qtlatltity offlo~ and an analysis ofthe dischatge oftheil
indtlstlial ~Mtes into the city se~elS.
SimilMly, any peIson desiIillg to make a llCvv connection to the sCvvage systenl [01 the
ptllpOSe of dischatging indnsttial ~Mte to the ptlblie se~elS shall exeetlte and file ~ith the tltility 01
its atlthOtized agent atl indtlsttial qncstionnail e ~ hieh shall fwnish pCItincnt pI edieted data, inclnding
qnantity offlo~ atld atl atlalysis of the industIial ~aste to be disehatged into the se~el system, fOt
stndy atld ICcommendations. Stleh flo~ meMtllemcnt atld analysis shall be at thc tlSeI'S expense.
The applicant fOI the btlilding se~Cl peIlllit shall notify the utility ~hen the btlilding se~el is lead)'
fO! inspection atld connection to the ptlblie se~eI. The cOllneetion shall be made tlndeI the
stlpelvision and appIoval of the tltilit, 01 its IeplesClltatives.
See.. 19-59.1. Extension of time.
\Yhen, dne to the size 01 eomplexit, of the wMte disposal problem of atl indtlstIy, it eatl be
sho~n that it is implactieal to meet the sehedtlle imposed t11ldel section 19-59, a ICqtlest [01 ail
extension of time m~ be plesented to the tltility.
Sec. 19-59.2. ContI ollllAnhole.
Any peIson dischMging industtial ~astes into the se~elage system shall eatlsed to be
eonstltlcted MId maintained at his expense a stlitablc eontIolmatlhole, 01 mattholes, do~nstleanl
from atlY t!eatmcnt, stolage 01 othel appIovcd vvoIks, to faeilitatc ObSCl vations, meMnlenlent and
sanlpling of all wMtes, indtlding domestic se~age, flom the premises. The eontlol manhole 01
matmoles shall be eonst! tleted at stlitablc atId satisfactory locations and btlilt in a matInel appl0 v ed
by the city enginecl and itldnde a flo~ meMtlIing device.
S11 tlck tlnongh passages are deleted.
Underlined passages are added.
2004-0-07
91
'-
........
The eontlol llutllilole ~hall be acce~~ible to the city at all time~ fOI ~anlpling alld/Ol
in~peetion.
Sec. 19-59.3. SClnlpling and analysis.
Sanlple~ ofindu~tlial vv Mte lnU~t be collected by a city employee w ho ~hall be at leMt a Class
C opelatOl 01 a licen~cd ehemi~t, biologi~t 01 plofc~~ional engineeI lieen~ed in the State offlolida.
Analysis ~hall be made by a Iegi~teled sanitary engineeI 01 a gladuate chemist who~e qualifications
ate acceptable to the Flolida Department of Envilonmwtal Regulation 01 a Class A and D
wastewateI tleatment plant opelatOl, Iegi~teled in thi~ ~tate, using the labolatory method~ fOI the
examination of indu~t1ial vva~te as ~Gt forth in the latest edition~ of.
ea) "Stallda1d Method~ fOI Examination of ~vVateI and \VastevvateI," as published by the
AmGliGan POOlie Health A~soeiation.
eb) ASTM ~tandatd~ fuI wateI atmospheric analy~is, Anleliean SodGty foI TGsting atld
MatCI iak
e c) "MGthods fOI ChGmieal Analyse~ of VI ateI atld \V astG~," (En v ilomnental PloteGtion AgenGY,
V/ateI Quality OffieG and Analytical Quality ContIol Labolatory).
See. 19-59.4. Right of entIy.
Any duly antholized employees of the utility beating pIOpGI CIedentials and identifiGation
shall bG pelmitted to enteI upon all pIopertic~ reI thG ptl1po~e of inspGetion, ObSCI vatiOllS,
nleasuIClnent, sml'lpling mId te~ting in aeeoldmlee with the plovision~ o[this division.
Sec. 19-59.5. Right of Refusal.
The dty heIGby IGSeI vG~ the light to ICfuse waste from mlY lot 01 pMed onand upon which
theIG is located any in~titutional, eonlmeldal or industIial plant, building or plelllisGs whiGh dOGS
not comply fully vv ith this di v isioll and/ol that doe~ not utilize dty wateI mldi'oI that doe~ not ~upply
plopeI meteling of its vva~tG, andi/oI that i~ not within the city limits.
ARTICLE VI V. SOLID WASTE DISPOSAL
DIVISION 1. GENERALLY
Sec. 19-68. Definitions.
As used in this di v ision, the folIo w ing tGlm~ shall ha v G the I espeeti v G meanings asCI ibed to
them:-
Stl tlck thtough passages are deleted.
Underlined passages are added.
2004-0-07
92
--
...,
Bn;5/ne~.s 0, COml1lel cia!. Applie~ tc any e~tabli~hnI{,l}t 151 fil1'll ~ heICin a btl~ine~~ 151 eommcICial
ccettpaticnallieen~e i~ 1 eqtlil Gd by the city, except as othelvv i~G pl0 v ided heICin.
Depal t,lldlt. The gM bage MId tr ash depat'tment of the Git,.
Galb~e. Dvery lcftl~G aeetlnltllaticn of aninIal, f!tlit 151 vGgGtablc matter that ,ntClld~ the
plcpal,nicn, tl~G, Gccking, MId dealing in, 151 ~tolage of meat~, fi~h, fc~l, fi:tlit~ cr vcgetabk~, and
any cthel mattel CfMlY mrttlre vvhat~ccvel ~hieh i~ ~ttbjeGt tc decay vvith the genelaticn cfuoxictl5
OJ cffc.n~e gase~ 151 cdor~, cn ~hich dtlIlng 151 aftel decay may ~el ve as bleeding or feeding m,nClial
2~~ ~!e~, 01 cthel gel1Yl-CMl)ing ill~eet~, and MI' lcftl~e aecm'lltllaticn of pape1, ~coden 01 papo
bcxc~, tm. ean~, bcttle~, 151 othel eontaincl~, ~ ~ eeping~, MId all ot11el aeetlmtllation~ cf a llatm e tl~tlal
tc 11ctl~ekeeping.
l'rl.toltiple d~ve::ilto. A ~tntettlIe 01 ~tltlGttlre~ having mcl{, than cne ~ingk fMuily tlllit, and ~hall
indtlde apm tment btlilding~ MId mctc1~ MId hotc1~.
l'1ofl!..s.sional. Inc1tlde~, bnt i~ not limited tc, the follc~illg. accctmtant~ MId atlditOJ~, Mehiteet~ OJ
drafting Mehitcet~, Mti~t~, attcllley~ at la~, chil0pcdi~t~, GhilCpractcl~, ellgincel~, denti~t5, medical
dcetcl~, optcmehi~t~, c~tccpc!th~, ~tll v eyOl~, tax cCll~tlltant~, v Gtel inMiall~, and 1 eal c~tate agent~ and
blokel~.
Re;5 ide 11 Ge. . A ~illgk family 1 e~idential tlnit.
Stopel t)/.s0l. Thc ~ttpelvi~ol cHhc galbage and trash depM1mwt cfthe city.
TJ a/tel pat A, JIlubite home pa, k. Any btl~ine~~ GntelpIl~e maintaining a plemi~G~ fCl the lcnt of
Incbik hcme~ 01 hotl~c ttailer~ 151 mcbile hcme 01 hctl~e hailer ~ite~, MId each mcbile hcme 151 hailo
contained in ~aid bailel pMk 151 mobile hcme patk ~hall be ecn~ideled as a ~GpMate tlnit ~hcthel 151
not the ~a1l1e i~ pelmanently affixed tc the ICa1ty.
TI a.slL All aeetl1lltllaticll~ cf gl as~, ~hl ttbber, or ~ eed cntting~, pine nGedk~, and ctho ICftl~e
incident tc the Cat e c[la~ n~, ~hl ttbbcrj', v ine~ and gat den~. The telm "tl Mh" ~hallllct be taken to
iIldtldc tlec~, tIce limb~, tICC ~tttmp5, bltl~h, tl~ed 151 brcken appliMlce~, ftllllittlIe, bedding, btlilding
m,neIial~, InmbCl 151 cthe1 matoial c[like nattlle.
TJa.sh containel. A ccntainel cf~iz;e n(jt t(j CXCCGd t~enty (20) gallcn~ in Gapacity, MId ~hall be cf
Shtlck tlu(jtlgh passages are deleted.
Underlined passages are added.
2004-0-07
93
-.,
.....,
mctal, ~ood, plastic 01 othCl ~uitabk matGlial.
Sec. 19-61. Depal tIllent in chal ~e.
The dcpmtmcnt ofthG dty GhmgGd with ean)iillg out thc plovi~ioll~ ofthi~ divi~ion i~ the
gm bage mId tlash depmi:mcnt.
Sec. 19...62. SupenisoI.
The!e ~hall be a ~ttpG! v i~Ol appointGd by the appointing cmtho!ity, mId to ~e! ve crt the ~ ill of
~aid .:mtho!it" ~ho ~hall be head of the gmba~e and tlash depmi:ment.
Sec. f9=63- 19-60.
Service charge and rates.
(a) The city shall maintain and operate a service for the collection and disposal of garbage and
trash, and all persons whose premises are served thereby shall pay to the city for such
services the following monthly rates as established by resolution of the city council.
(b) The fees established by resolution ofthe 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
multiple dwelling, the business or commercial establishment, professional unit or the trailer
park is using city water or sewer services. The city shall make an initial determination of the
number of units within hotels, motels, and multiple businesses, and the number oflots, plots,
or spaces within trailer parks with trailers thereon, and each hotel, motel, multiple business,
and trailer park shall be billed for garbage and trash 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) The charges and fees established by resolution ofthe city council are due and payable for the
services of garbage and trash collection and its availability to the user, whether such service
is used or not, except as expressly provided otherwise herein. A delinquency charge as
established by resolution ofthe city council often (10) pel eGnt ofthe amount due for garbage
and trash service shall be charged against the customer by the city if the customer shall fail
to pay the charges due for garbage and trash service within twenty (20) days of the billing
date of said service. Should there be a failure by the customer receiving garbage and trash
service to pay his bill in full for said service, then said garbage and trash collection service
ofthe 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 of Florida.
Such liens, when delinquent for more than thirty (30) twenty-five (25) days, may be
foreclosed by the city in the manner provided by the laws of Florida for foreclosure of
Stl tick tl"l1ough passages are deleted.
Underlined passages are added.
2004-0-07
94
--
""""
mortgages 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 in a homestead may be charged as a single residence;
otherwise the regular business or commercial rate shall apply.
Sec. f9.6419-61.
Garbage and trash containers required.
The occupants of each residence, multiple dwelling, 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.
Sec. t9-6519-62.
Wrapping and preparation of garbage; keeping covered.
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 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.
Sec. t9-6619-63.
Preparation of trash.
(a) All trash which is absorbent, such as grass and leaves, including fine grass cuttings, shall be
contained in the required trash containers, except that 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 ofthe premises provided that such
is maintained in a neat, orderly and slightly condition.
(b) Piles of 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 superintendent or his designee ~npCI v i~OI.
(d) Trash which is not prepared as required herein will not be picked up, and will be a violation
of this division.
Sec. f9-67 19-64.
Location of containers.
Stl tick throngh passages are deleted.
Underlined passages are added.
2004-0-07
95
w
..""
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. t9-68 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 city council.
Sec. f9-6919-66.
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.
Sec. t9-7619-67. Transporting and disposing of garbage and trash.
It shall be unlawful for any person other than city employees to transport garbage through or
over the streets of alleys of the city 01 to makc tlSC of the city gatbagc and !lash dmnp, pIovidcd
hOI'\iCvCI, citiLcns ofthc eit, MC cmthOliLcd to make tlSC ofthc city dtlmp fOI disposal OftlMh onl,;
and provided further, business or commercial enterprises with unusually large amounts of garbage
and/or trash may enter into a written agreement with 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 reasonable charge
or make no charge at all, in the discretion ofthe city council, except where the party so transporting
has been granted a franchise from the city. Re I'\i Old to allol'\i fIanehisc companics onl, allol'\icd to
transport. 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 either make arrangements for a private contractor
to collect and dispose of said accumulations. 01 else obtain pClmission nom thc StlpCI v ism of thc
gc'lIba5C and trash depattmcnt to tIansport same to thc city dtlmp, tlnkss alrcc'ld, so cmthmiz:cd hGIcin.
Shtick thtOtlgh passages are deleted.
Underlined passages are added.
2004-0-07
96
.......
..."
Sees. t9-7t 19-68 -19-73. Reserved.
DIVISION 2. RECYCLABLE MATERIALS
Sec. 19-74. Unauthorized collection of recycling containers or recyclable materials.
(a) Defillitio,IJ. POI the ptlIpose of this section, the following tellllS shall have the mGaning5
indic.:rtcd in this sttbscction.
RU-,y(:tl~ (olltaiHel.:> shall mean thc leeeptades pmehMed and disttibuted by 01 011
bchalf oft11e cit, to city lesidents ful the intcnded use 01 lcc,d.!bk m.:rtclials.
RUy(JaMe ,Hatd iulJ ~hall mean thosc m.:rtelials ~hich Me cap.!bk ofbcing lecycled
and ~hich vvould OthCl wise be ploec~sed 01 disposed ofM solid waste including I1c~Spapels,
glass and plastic containels, alulllinunl cans and such othel m.:rteIlals as dcsign.:rted by
Ie50ltttion o[t11e cit, eotmeil.
WW Prohibited. No person, firm or corporation shall be permitted to collect or remove either
recycling containers or recyclable materials placed in or near the recycling containers or
designated collection location unless previously authorized by the city.
illtet Penalties for unauthorized collection. Penalties for unauthorized collection of recycling
containers or recyclable materials shall be to the extent permitted by law.
Sees. 19-75 -19-79. Reserved.
ARTICLE VI. STORMW ATER MANAGEMENT UTILITY
Sec. 19-80. Creation of Stormwater Manaeement Utility.
Pursuant to the home rule power of Article VIII. 2(b), Florida Constitution. Chapter 166. Florida
Statutes and Section 403.0893. Florida Statutes. the city does hereby establish a stormwater
management utility and declare 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 onhe present stormwater management system onhe city;
to minimize by suitable means the system's contribution to flooding; to minimize by suitable means
the svstem's adverse effect on the water qualitv oflakes. 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. Findines. determination and intent.
It is hereby found. determined and declared as follows:
Stltlek thrOtlgh passages are deleted.
Underlined passages are added.
2004-0-07
97
'-"
..",."
ill 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.
ill 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 enioyed and
services received therefrom.
ill All property within the city demonstrates a hydrologic response to rainfall events which
generates stormwater runoff. The volume. rate. and quality ofthis runoff will varv with the
soil type. land use conditions. topographic conditions. and other variables. In particular. the
construction of non-residential units on previously undeveloped property will generally
increase the volume and rate of stormwater runoff. and adversely affect its water quality.
ill It is the intent of this article to establish stormwater management as a city utility and to
establish a program or 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 manaeement 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.
The city manager or his designee is directed to prepare a list o[1ots and parcels within the city and
assign a classification of residential or non-residential to each lot or parcel.
Sec. 19-83.
Same - schedule.
There is hereby establish a uniform schedule of charges and fees for the services and uses of the
facilities of the stormwater management system by the owner of property (to include the tenant(s)
or occupant(s)). using the services and facilities of the system:
ill Residential. Each single-family residential unit shall be billed a flat fee based upon one (1)
equivalent drainage unit (EDU) per dwelling unit. For multi-family residential
developments. the account holder of the master meter shall be billed the fee established by
the city council for an EDU multiplied by the number of residential units.
Stltlck tlnongh passages are deleted.
Underlined passages are added.
2004-0-07
98
,..,
....",
ill Non-residential. For non-residential properties. the number of equivalent drainage units
(EDU) shall be determined. All non-residential properties. not covered by subsection (1) of
this section shall be billed based on the total impervious area ofthe property divided by the
equivalent drainage unit factor and then multiplied by the rate established or an EDD. The
calculation ofthe EDU amount shall be done to the nearest hundredth (01) ofan 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 non-residential 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.
ill CharJ!e oer EDU. The charge per EDU will be as established by resolution of the city
council.
ill Minimum bill. The minimum bill for developed property shall be for one (1) EDD.
Sec. 19-84. Equivalent draina!!e unit calculation.
The equation for calculating the number ofEDU's applicable to any property is as follows:
IP/CA = EDU
Where:
IP=
CA=
EDU=
Impervious area in square feet of utility account.
Contributing area of a residential unit equal to 2.027 square feet.
Equivalent drainage unit.
Sec. 19-85.
Appeal of surface calculation.
Any person disagreeing with the calculation ofEDU'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 shall make a final calculation of pervious and impervious
surfaces. The citv manager shall notify the parties. in writing. of his decision. If still dissatisfied.
a partv mav appeal the city manager's decision to the citv council in the same manner as preceding.
The decision ofthe city council shall be final. Any adiustment to the originallv determined area shall
be retroactive to commencement of the charges and fees provided said adiustment was requested
within one (1 ) vear from the commencement of the charges and fees; thereafter any adiustment to
the impervious area shall applv onlv from the date of the request for the adiustment.
Stmek tlnongh passages are deleted.
Underlined passages are added.
2004-0-07
99
'-'
.....,
Sec. 19-86. Stormwater mana!!ement fund.
W All stormwater management utility fees collected by the city shall be paid into a separate
fund which is hereby created. to be known as the "stormwater management fund". Such fund
shall be used for the purpose of paving the cost of stormwater drainage facilities to be
constructed in the various storm drainage basins and paving the cost of operation.
administration and maintenance ofthe stormwater system ofthe 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. When the fund has surplus dollars on hand in excess of current
needs. the surplus dollars will be invested to return the highest vield consistent with proper
safeguards.
ilil 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. right-of-way acquisition and construction of public stormwater
drainage facilities and costs incidental thereto.
Sec. 19-87. Stormwater mana!!ement utility fee collection.
W The stormwater management utility fee shall be billed and collected with the monthly utility
bill for those lots or parcels of developed property utilizing city utilities and billed and
collected separately as stormwater management utility fees for those lost or parcels of
developed property and owners thereof not utilizing other city utilities. All such bills for
stormwater management utility fees shall be rendered monthly by the finance department and
shall become due and payable in accordance with the rules and regulations of the finance
department pertaining to the collection of utility fees. The stormwater management utility
fee is part of a consolidated statement for utility customers which is generallv paid bv a
single payment. In the event that a partial payment is received. the payment shall first be
applied to garbage and trash. next applied to stormwater management. next applied to sewer.
and finallv applied to the water account.
ilil Any charge due hereunder which shall not be paid when due shall bear all approved monthlv
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.
Shtick tl110tlgh passages are deleted.
Underlined passages are added.
2004-0-07
100
. ,
..,.
...."
In addition to any other remedies or penalties provided by this or any other ordinance ofthe
city. failure of any user of the city utilities within the city to pay the charges promptly when
due shall subiect such user to discontinuance of utility services and the city man~er of the
city is hereby empowered and directed to enforce this provision as to any and all delinquent
users.
(fl In the case that a tenant in possession of any premises or buildings shall pay the stormwater
management utility fees, it shall relieve the land owner from such obligation: but the city
shall not be required to look to any person whatsoever other than the owner for the pavrnent
of such charges.
@ The utility fee herein above Prescribed shall constitute a debt to the city for which the owner.
tenant and/or occupant shall be iointly and severally liable. The records ofthe city shall be
kept open for the inspection by the owner. tenant or occupant and it shall be the
responsibility of an owner. tenant. or occupant to ascertain that the prescribed fee or fees are
being paid.
Sec. 19-88. Enforcement.
!ill The director and other duly authorized employees of the city bearing proper credentials and
identification shall be permitted to enter all properties tributarv to the city's stormwater
management system for the {Jurooses of inspections, observations. measurements and testing
in accordance with the provisions of this chapter and any rules or regulations adopted
pursuant hereto.
,{Q} Any person violating any ofthe provisions ofthis 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. Reserved.
ARTICLE VII. WATER CONSERVATION STANDARDS
Sec. 19-80. Definitions.
:ror the pttIpo~e ofthi~ artide, the :fullo~ing term~, pll1Me~, ~ord~ and theit deli v ation~ ~hall
~~~~~ ~~~ n:eaning gi v en hel ein. \Vhen not incon~i~tent ~ ith the context, ~ 01 d~ tl~cd in t,he pltllal
~_~~Itl~: t~~e ~~~ular, arId the. ~old~ in the ~ingtllar illdtlde the pIma!. The word "~hall" l~ alway~
mandatory and not nIerdy duectory.
Shtick tmongh passages are deleted.
Underlined passages are added.
2004-0-07
101
'-'
""""
~:~:~,:l:: n~~~,1~ ~~l~ ~~~.of.htlld in hortietllttlIal, flO1ietlltme, vitietllttlle, fule~try, dailY,
Ih~~t""k; puu~Y' bockccplrtg, ptsCKttllruc and all fOIn" off"", plodltCb a,1<I fa,': :::;;;;"06::.
~~t.~,~~tl~ ~~Jt~"! nleMS any inigatiun method 01 system with a timing de v ice that eontIols the
pCllods of upe.latlon.
Di!Jt,la llle.mlS the St. Johns VI c!te.l Managelllwt District.
~ v~n ~'u~h~~~ ~d add, ~JJ llle.l\11S the hOtlse adch e.s~, box ntl111be.l 01 1 mall utIte. ending in the ntl1"l1bCl S
0, 2, 4, 6, 8 01 the. ktte.lS A-M. ro~t offiee. box l1tllllbeI~ Me not incltlded.
lIeat;ltg (i"d a;, (otlddlon;'~ A!J~ nl"l\11~ the tl~e. of wate.l fol he.ating, cooling, 01 folail e.onditiuning.
Lo(al go M, /lute,ll me.l\ll~ any llltl11ieipality in the eonnty.
Lo vI- volUMe ha"d rYat~/ ;,tS nlCl\11~ 10 ~ v Oltlllle. inigc'ltion of pll\1}t~ 01 Cl op~ with one. ho~e. attended
by une. pel ~on, fitted with a ~df-ec'lneding 01 c'ltltomatie ~lltltoff nozzle.
Lo vv- -volA,Ile ;" ;gatloll me.ml~ the. tl~C of cqtlipInGIlt mId de. v iee.s ~pceially de~igned to aIlo vv the
~~I~~I~~ ~f ~ate.l ddi ve.ICd to bc1imited to a kvd e.on~istent with the. watellcqtlilG111e.nt~ ofthe plc'lllt
being inigated and to allow that watel to be. placed ~ith a high deglee. of dfie.iG1ley in the loot zone
ofthe pIl\1}t. Mielo-illigatiun cmd dIip~illigation l\1e. e.xc'11llpk~ oflo~-voltl111e. inigation. Ihe. tellllS
aI~o indtlde~ ~c!tCl tlsed in mi~t hOtlses l\1ld ~imill\1 e.stabli~hnlents fOl plc'lllt plopagation.
~~~~- ~oltuJle p' e!JJM ~ deaningmemls pI C~Stll e deaning by nlel\11S of eqtlipment vv hieh is spe.eifieally
dc~ignGd to le.dtlce. the il1flo~ vOltl111e. M aee.epted by indtl~tr)> ~tandl\1ds.
1vf(i,'Aul JyJtem mCc'llI~ mlY illigatiun nlcthod 01 ~ystenl that docs nut have. c'1 eontlol de.vicG that is
antomatiGally timed. Lo ~ v Oltlllle. hcmd vv c!te.l ing i~ a mantlal ~y stelll.
fY!obiI-e eqAfpMeftt me.l\11~ MY pttblic, privMG 01 con1me.rciaI c'ltltonlobilc, t1he.k, tIaikl, raihoad e.al,
eamp'-l, boat, 01 any Othe.l ty pc of ~inlill\1 e.qtlipmGllt. IhG te.Illl ~hall not indtlde. ~c'lllitation 01 ~lndg(,
ve.hide.~ or fuod vcnding 01 tIl\11sporting v chicks.
Shnek thtOtlgh passages are deleted.
Underlined passages are added.
2004-0-07
102
.......
.....,
~d ,;a~.b;, ~~~dd} eJJ 111eMlS the hOtlse adchess, box numbel or !tlIal loute ending in the ntll1lbCl~
1, 3, 5, 7, 9 or the lettels N-Z. Post office box ntlmbCls Me not included.
R 7' 7 1
.l euCtl,lleu H'Ctt~, llleMlS t Ie ~ater that mcets the etlllent state depa1iment of environmental
legtllation standMds fOl retlse aft"l flowing Otlt of Ml)' treatnlcnt plMlt 01 ~orh.
~~~"~ ~~C~11S. th~ dclibe~ate appl~e~ior~ of lcclaimed ~ater fOl beneficial pmpose. Uses incltlde
~~~ds~ape r~llgatlon, aglletlltmalllllgatlo11, aesthetic tl~es, grotlnd ~atel IGehalge, indtl~ttial tlses,
file protectIon 01 othCl tlseftll ptllpOses.
~:'. ~~~~l~ ::ny~ ~:r~~n,.natmal 01 artificial illdi v idtlal, fil111, assodatioll, orgMlization, pM t11el ship,
btt~mess trust, eorpOlatlon, eompMlY, agent, employce 01 otha legal entity, the United States of
~~le~i~~, ~l~ s~ate, ~ld t~e county,. Ml~ political stlbdi v isions, legion, distIiet, mt111icipalit" 01 ptlblic
~~~~~! ,~~el:of, ~lueh dllCC~ly or rndllec~ly t~es th" ~ateI flom the ~atel Iesomce, incltlding, but
~~~ lt~r~~ to, tlses fIom pll v ate or pttbhe tltrltt, s,stems, tlses whethel or11ot t111dCl COnStll11ptive
use pClnuts pmstlant to Chaptcr 40C-2, I'.A.C., 01 tlses fiom indi vidual vvells 01 ptlmps fOl dOlllestic
or indi v idtlal homc usc or otha tlse. The tellYl docs not incltlde tlser s ~ ho tlSC onl)' tr cated effltlent
or sea vv ate!.
V 7 . W t 7l77' /"J'W"e7 1 . 1 1 . "
O.aJUI,. a e! Hlall('~ l nl"MIS t lat leglona water supp)' coopelatIve olganrzatron as
Cleated by the Mc't} 1996 interloeal agleement ptllSuant to the plovisions of Section 163.01, I'lorida
Stattltes, and as Mncnded as lcstated.
Wate! ('O!LJ~! Mtioll means a contintling effort to tlse onl)' as much ~atel as absolutely llecessary,
w hcthel :fur chinking, washing, fltlshing, inigating 01 M})' OthCl tlse. '.Yata consel v ation is II ~ al cncss
that om ~ata resomccs Me not nnlimited.
Wat~! J:.OItuge nl"MIS that sittlation v.hm instlffieient ~atel is available to mect the needs of the
tlSelS, 01 ~hell conditions Me stlch as to rcqtlire temporary ledtlction in total tlse within a pMtictllar
Mca to protect glotlndvvatel reSOtllCeS from sCliotls halm. A ~ater shortage tlstlally OeCtllS dtlc to
dlought.
Wate, Jl.oltag~ ptan mcans the St. Johns Rivel '.';ater Management District's Chapter 40C-21
Ji'.A.C. VlatCl Shortage Plan.
Sec. t9-8+ 19-90.
Levels of water conservation and water shortage.
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 emergency or the St. Johns River
Water Management District water shortage plan, shall establish the following levels of water
Strtlek throtlgh passages are deleted.
Underlined passages are added.
2004-0-07
103
...,
..."
conservation and use:
(a) Base water conservation level is only for times with no St. Johns River Water
Management restrictions for water conservation and are as follows:
(1) The use of water for landscape irrigation is allowed only during the following
times: three (3) days per week from 4:00 a.m. - 8:00 a.m. and 4:00p.m. _ 8:00
p.m. (5:00 p.m. - 9:00 p.m. during daylight savings time) for manual
irrigation systems and 4:00 a.m. - 8:00 a.m. only for automatic irrigation
systems. Even numbered addresses and residences without address numbers
may water at these times on Tuesdays, Thursdays and Sundays, odd
numbered address on Mondays, Wednesday and Saturdays. On Fridays no
watering is permitted.
a. The use of water for irrigation from a reclaimed water system is
allowed in accordance with the preceding description of Base water
conservation provided appropriate signs are placed on the property to
inform the general public and district enforcement personnel of such
use. For the purpose of this paragraph, a reclaimed water system
includes systems in which the primary source is reclaimed water,
which mayor may not be supplemented by water from another source
during peak demand periods. Additional restrictions may be placed
on reclaimed water by the city as long as these restrictions are more
stringent than those of the district.
b. Irrigation on new landscape planting's are allowed any day, except
between 10:00 a.m. and 4:00 p.m., for one 30-day period, provided
irrigation is limited to the amount necessary for plant establishment.
c. Watering in of chemicals, including insecticides, pesticides,
fertilizers, fungicides, and herbicides when required by law, the
manufacturer, or best management practices, is allowed anytime
within 24 hours of application.
d. Irrigation systems may be operated anytime for maintenance and
repair purposes, not to exceed ten (10) minutes per hour per zone.
(2) Excessive use of water for landscape irrigation or over watering of
landscaping is discouraged. Over spray of irrigation water onto impervious
surfaces is prohibited.
(3) Mobile equipment washing shall utilize an automatic shutoff/self-cancelling
spray nozzle. Mobile equipment washing shall be on pervious surfaces
StI tIck tmough passages are deleted.
Underlined passages are added.
2004-0-07
104
....
....,
whenever feasible or at a commercial water recycling automobile wash.
(4) The washing of sidewalks, walkways, driveways, parking lots, tennis courts
and all other impervious areas shall utilize an automatic shutoff/self-
cancelling spray nozzle or low volume pressure cleaning. Excessive use of
water for washing of impervious areas is discouraged. Runoff from
impervious surface washing shall be directed as much as possible toward
pervIOUS areas.
(5) 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 the leakage of water, and except as necessary to raise the
level of water to allow the pools skimmer to properly function, is prohibited.
The continuous refilling of swimming pools while a leak is occurring is
hereby prohibited.
(b) Level II. Level II shortage corresponds to the St. Johns River Water Management
District's Phase II Severe Water Shortage Plan and all provisions therein as set forth
in 40C-21.631, F.A.C., in addition, the use of water for landscape irrigation purposes
by manual irrigation systems is allowed during the evening from 4:00 p.m. - 8:00
p.m. (5:00 p.m. - 9:00 p.m. during daylight savings time) on the specific days and
street addresses permitted by the St. Johns River Water Management District in the
above-described Phase II - Severe Water Shortage Plan requirements. In the event
the said District declares a Phase II - Severe Water Shortage Plan, said District
requirement shall supercede this provision.
(c) Level III. Level III shortage corresponds to the St. Johns River Water Management
District's Phase III Extreme Water Shortage Plan and all provisions therein as set
forth in 40C-21.641, F.A.C.. In addition, the use of water for landscape irrigation
purposes by manual irrigation systems is allowed during the evening from 4:00 p.m. _
7:00 p.m. (5:00 p.m. - 8:00 p.m. during daylight savings time) on the specific days
and street addresses permitted by the St. Johns River Water Management District in
the above-described Phase III - Extreme Water Shortage Plan requirements. In the
event the said District declares a Phase III - Extreme Water Shortage Plan, said
District requirements shall supercede this provision.
(d) Level IV. Level IV Shortage corresponds to the St. Johns River Water Management
District's Phase IV - Critical Water Shortage Plan and all provisions therein as set
forth in 40C-21.651, F.A.C.. In addition, the use of water for landscape irrigation
purposes by manual irrigation systems is allowed during the evening from 6:00 p.m. -
StltlGk thlongh passages are deleted.
Underlined passages are added.
2004-0-07
105
w
""'"
7:00 p.m. on the specific days and street addresses permitted by the S. Johns River
Water Management District in the above-described Phase IV - Critical Water
Shortage Plan requirements. In the event the said District declares a Phase IV _
Critical Water Shortage Plan, said District requirements shall supercede this
proVISIOn.
Sec. t9-82- 19-91.
General restrictions on water use.
(a) Excessive or unnecessary water use. Excessive, wasteful and unnecessary water use
is hereby prohibited. Excessive, wasteful and unnecessary water use includes but is
not limited to:
(1) Allowing water to be dispersed without any practical purpose to the water
user, regardless of the type of water use.
(2) Allowing water to be dispersed in a grossly inefficient manner, regardless of
the type of water use.
(3) 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.
(b) 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.
(c) All automatic landscape irrigation systems shall be equipped with rain sensor
devices, within eighteen (18) months from the effective date of this article.
Sec. t9-fa 19-92.
Declaration of water shortage.
(a) The city acknowledges 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 St. Johns River
Water Management District.
(b) The city council shall declare a water shortage or a 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 Section 19-81 this
StI tick tlnongh passages are deleted.
Underlined passages are added.
2004-0-07
106
~
"""'"
article, and may consider the level of water conservation and use recommended by
the "tv' oltl~ial1 "trY atel Allianc.e Water Authoritv of V olusia.
(c) In the event the St. Johns River Water Management District declares a water shortage
and implements its water shortage plan, 40C-21, F.A.C., the water shortage plan and
all elements of said plan provides for a more restrictive level of water conservation
than the level in effect. At such time as the declared St. Johns River Water
Management District water shortage expires, then all provisions of this division
become effective and enforceable.
Sec. t9-8419-93.
Reference to certain district rules.
In the event the St. Johns River Water Management District adopts a Phase I Moderate Water
Shortage Plan as set forth in 40C-21.621, F.A.C, it shall prevail over any less stringent restriction
in effect under this article.
Sec. t9-85 19-94.
Exemptions.
(a) Exemption stickers shall be applied for and issued by the Department of
Environmental Services for water-to-air heating and air conditioning systems and
reuse or reclaimed water systems and shall be displayed in a conspicuous location
easily viewed by enforcement personnel. The exemption sticker shall be of design;
color and placement location designated by the "\'\V A" "W A V" and such exemption
sticker shall be applicable uniformly throughout the county.
(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) Water used for construction purposes shall be exempt from the provisions of this
article.
(d) Watering of clay or clay type recreational courts is exempt from the base water
conservation and use provisions.
(e) Low-volume hand watering and other forms oflow-vo1ume irrigation are permitted
anytime, but avoidance of hours for high evaporation is encouraged.
Sec. t9-86 19-95.
Variances.
The city council, under this section, provides for variances to the provisions ofthis division.
Strtlc.k tlnotlgh passages are deleted.
Underlined passages are added.
2004-0-07
107
'-'
..."
(a) When the city council finds that compliance with any of the requirements of this
division would result in undue hardship for a specific user, a variance from anyone
or more such requirements may be granted by the city council 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 ofthis
division.
(b) All users requesting a variance from the provisions of this division shall file a
petition for variance but must conform to the greatest possible extent to the water use
restrictions of this division until such variance is granted.
(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 demonstrates
that the request qualifies for variance under subsection (d).
(4) A description of the variance desired.
(5) The period of time for which the variance is sought including the reasons and
facts in support thereof.
(6) The damage or harm resulting or which may result to the petitioner from
compliance with the provision.
(7) The steps the petitioner is taking to meet the provisions from which the
variance is sought and when compliance could be achieved.
(8) Other relevant information the petitioner believes supports his petition for
vanance.
(d) No petition for variance shall be approved unless the petitioner affirmatively
demonstrates that one or more of the following circumstances exists:
(1) The variance is essential to protect health or safety; or
(2) Compliance with the provisions from which a variance is sought will require
measures which, because of their extent or cost, cannot be accomplished; or
(3) Compliance with the provision from which a variance is sought will result in
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 provisions are available and reflect the intent and purpose of this
division.
Stnlck tlnongh passages are deleted.
Underlined passages are added.
2004-0-07
108
'-"
'WI'
Sec. t9=-8719-96.
Enforcement.
(a) Each police officer with the City of Edgewater, shall, in connection with his/her
duties imposed by law, diligently enforce the provisions of this article.
(b) Designated employees of the Department of Environmental Services and Code
Enforcement Inspectors have the duty and are hereby authorized to enforce the
provisions of this article and shall have the power to issue written warning notices,
and/or citations as set forth in the Code of Ordinances of the City of Edgewater. A
violation ofthis article shall be subject to fines and penalties prescribed at llcction 19-
88 bdo\lV herein.
(c) The Department of Environmental Services is hereby authorized to discontinue
reclaimed water service to any property wherein a violation of the 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
re-connection fee is paid.
Sec. t9-8S 19-97.
Penalty.
Anyperson, firm or corporation violating any provisions ofthis article shall, upon conviction,
be punished and shall also be responsible for reimbursing the city for attorneys fees and all costs
incurred in correcting the violation. A separate offense shall be deemed to be committed for each
day or fraction thereof during which a violation, disobedience, omission, neglect or refusal of this
article continues.
A violation of this article, except as otherwise provided, constitutes a civil infraction
punishable by a civil penalty not to exceed five hundred dollars ($500.00). Penalties for violation
of this article shall be established by resolution ofthe city council. If a person who has committed
the violation does not contest the citation, a civil penalty ofless than the maximum allowed will be
assessed. Any citation may be contested in county court.
Sees. 19-98 - 19-100. Reserved.
ARTICLE VIII. GREATER EDGEW ATER WATER
AND WASTEWATER SERVICE AREA
Sec. t9-9619-101. Creation; purpose.
There is hereby created under authority of Florida Statutes Section 180.02 (1985) an area defined
Stltlck tmongh passages are deleted.
Underlined passages are added.
2004-0-07
109
. .
........
.,
as the "City of Edgewater and Wastewater Service Area" for the purpose of delivering to that area
water and wastewater services and exercising within that area the powers provided for by law.
Sec. t9-9719-102. Property description.
The Edgewater Water and Wastewater Service Area shall include the described property in V olusia
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. t9-9819-103. Extension from corporate limits.
The Greater Edgewater Service Area shall not extend for more than five (5) miles from the corporate
limits from the City of Edgewater, as amended from time to time.
Sec. +9-9919-104. Property within any other incorporated municipality excluded.
None of the Greater Edgewater Service Area includes any area within the city limits of any
other incorporated municipality.
Sec. 19~188 19-105. Legal description.
The legal description by metes and bounds ofthe land in V olusia County, Florida, included within
the City of Edgewater City Water and Wastewater Service Area is on file with the city clerk and
available for inspection and copying.
Sec. 19-18119-106. Reference to Greater Edgewater City Service Area.
Whenever reference is made in this article to the Greater Edgewater City Service Area, such
reference shall be construed to mean the Greater Edgewater Water and Wastewater Service Area.
Sec. 19-182 19-107. Water and sewer 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 and Wastewater Service Area and
which are adjacent to a public right-of-way or easement that has a water main or gravity
sanitary sewer 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 of Edgewater water and
wastewater systems in order to preserve the health, safety and welfare of the citizens and
inhabitants of the Edgewater Water and Wastewater Service Area.
(b) A water main or gravity sanitary sewer is considered adj acent or availab Ie to a property when
Stl tIck tlnOtlgh passages are deleted.
Underlined passages are added.
2004-0-07
110
'-"
....,
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 property to be served.
When the water main and/or gravity sanitary sewer 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 in sectioul9-4 7.12 herein. 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 of Edgewater water and/or wastewater systems as set forth in section
t9=4Z 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
V olusia County Health Department or other appropriate authority for a replacement well.
If a gravity sewer 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 ofEdgewater's wastewater system when the septic tank
fails or a permit is requested from the V olusia County Health Department or other
appropriate authority for a septic tank or drainfield replacement.
Sees. 19-18J 19-108 - 19-118 19-110.
Reserved.
ARTICLE IX. RESERVED.
Sees. 19-111 - 19-122.
Reserved.
ARTICLE X. RECLAIMED WATER REUSE PROGRAM
Sec. 19-12J. Definitions.
Ji' or the ptll posc ofthis M1:icle, thc folIo vv iug terlllS shall ha v e thc mCMlings Mel ibcd to them ill this
section.
Bad.fluv<J pdventioJl device mcans the dCvice approved by the city's ntilities dcpMimcnt which
pIGvGnts the baGkflovv of MlY hMnlful sttbstMlee into thc eit:fs potable wato snpply.
Ct:tJ(o,lle, mcans the actual uscr 01 potential user ofth" lcdaimGd watcr system.
Stl tiek tmongh passages are deleted.
Underlined passages are added.
2004-0-07
111
'-"
....,
Di,ulo; lTIean~ the dircctol oftltilitie~ of the dty or the dircctor's Mlthoriz:cd repIGsclltativc.
FDEt' mcat'lS thc Flolidc'1 Depat1mcnt of Ell v ilo1'l1llcntc'11 Protcction.
Sec. 19-124 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 developed after February 7, 1994, may connect to the reclaimed water system
when available prior to the issuance of a certificate of occupancy.
(c) Reclaimed water shall be deemed available to a lot or parcel if a reclaimed water distribution
pipe with capacity to serve the site is installed and in service within (50) feet of any property
line of the lot and can be accessed by a service line through public right-of-way or a recorded
utility easement.
Sec. 19-125 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 approved by the director and allowed by FDEP.
(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
Strtlck thtotlgh passages are deleted.
Underlined passages are added.
2004-0-07
112
W'
"""'"
access to the building's plumbing for repairs or modifications.
(f) Edible crops that will be peeled, skinned or cooked may recei ve direct contact wi th reclaimed
water.
Sec. 19-12619-125. Reclaimed water systems for new subdivisions.
(a) Developers of all subdivisions, except minor subdivisions as defined in App~ndix D cfth~
Ccd~cfOldinml{'~~, apprcvcdcrlkl PCbltlary 7,1994 Section21-160.02 (Minor Subdivision)
of the Land Development Code, 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 utilities department for approval. The plans and
calculations shall be prepared by a professional engineer licensed in the State of Florida. If
applicable at the time of installation, FDEP construction permits will be required.
(c) Upon completion by the developer and acceptance by the Utilities Department, the reclaimed
water distribution system shall become the property of the city.
Sec. 19-127. Extension of dishibution s,steln to existing dhelopnlent~.
(a) rlCp~rt) c~nGl~ vv ithin c!n m~a, ccmmt111ity, 151 ~trcet dc~irillg rcclaimed ~at~1 ~~I v ic~ ~hall
llubnrit a petiticn tc the Utiliti~ll Depmtmcnt ~igncd hy at kMt fift)-cn~ (51) pCI~ent cfth~
pI cp~rty 15 vv n~r ~ in the m ~a I cquellting llCI v ice.
(b) The lCqUCllt ~hall b~ glmlt~d ifthc city cCtm~il dct~rmil1c~ that cxtcn~icll ofthe lly~t~m to th~
mca ~ill bc ~o~t cffc.ctivc.:md fc.Mibk.
Sec. 19-128 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.
Sec. 19-129 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.
StItl~k tlnCtlr;11 passages are deleted.
Underlined passages are added.
2004-0-07
113
'-
"""'"
(c) Environmental services UtilitiGS personnel will conduct inspections of irrigation systems on
initial connection to the reclaimed water supply and biennially thereafter to determine the
existence of illegal hookups, violation of ordinances, or cross-connections. Authorization
for these inspections will be given by the applicant in conjunction with the application for
reclaimed water. Refusing to permit such an inspection shall be grounds for immediate
discontinuance of the reclaimed water service by the City to the subject premises.
Sec. 19-139 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 Director 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 director, additional
safeguards may be required to protect the city's potable water supply. Testing of the
backflow prevention device will be done biennially annnally by the city's certified backflow
technician at the same time the biennial annnal reinspection of the customer's irrigation
system occurs.
(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 director.
(d) Installation, operation, maintenance and annual inspections of back flow prevention devices
shall be in accordance with section 19-27 of this ehaptcI this article.
(e) Irrigation lines may be installed either in-ground or above-ground except in the case of multi-
family residential 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) fivG (5) feet horizontal
separation of the reclaimed water line from the potable water or sewage colletion
line. Ifkss than a five (5) foot sepmM:ion is possible, the potabk watel line t'Vill be
skG v ed to a distance nCGe.ssMy to achie v e fi v G (5) feet flom the. ne.m cst section ofthe
reclaimed t'VM:el linG. Ifa three (3) 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
StInek throngh passages are deleted.
Underlined passages are added.
2004-0-07
114
.
....,
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 reclaimed water box. To prevent inadvertent use for drinking, no above-ground
spigots shall be installed.
(f) Performance ofthe irrigation system will be contingent upon the flow and pressure 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 utilities environmental
services department on the customer provided 3/4" hose with the connection to in-ground
hose bibs.
(h) 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 Utilities Department.
(i) All pipes and above ground appurtenances for reclaimed water systems to be dedicated to the
city shall be identified by color or permanent labeling. All pipes shall be purple or shall be
marked with adhesive backed tape attached to the pipe.
Sec.19-IJ119-129. Application for reclaimed water connection.
Application for connection to the reclaimed water system shall be made to the utilities department
on the form provided for that purpose. Connection and inspection fees as established by resolution
of the city council shall accompany the application.
Sec 19-132 19-130. Reclaimed water system charges and fees.
(a) A monthly residential customer charge shall be established by resolution ofthe city council.
(b) A residential reclaimed water connection fee shall be established by resolution of the city
council for installations of one (1) inch or less. Actual costs will be charged for reclaimed
water connection and potable water backflow prevention devices on installations larger than
one (1) inch. Commercial rates will be negotiated on an individual basis.
(c) There will be no charge for discontinuance of reclaimed water service, however, such
discontinuance will not relieve the customer of any amounts incurred for connection fees or
monthly service. Reuse service rendered for any portion ofthe billing period shall result in
the full monthly reuse charge being applied to the bill. No partial monthly billings will be
done.
(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 part due charges and shall cover the cost of actual service resumption as well as on-
site system inspection [by] the city. Ifthe request for service resumption follows termination
Stltlek tll10tlgh passages are deleted.
Underlined passages are added.
2004-0-07
115
'-'
....,
of service for failure to comply with applicable rules or regulations, service shall not be
reconnected until the director of environmental services ntilitic~ receives adequate assurance
that the previous violation will not reoccur.
(e) To encourage early commencement 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.
Sec. 19-133 19-131. Reclaimed water bills and delinquent accounts.
Bills for the monthly charge for the reclaimed water service shall be tendered as part ofthe monthly
utility and refuse bill. Therefore, all delinquent bills shall be subject to the provisions of ~cction 19-
H of this chapter.
Sec. 19-142 - 19-150 19-132 - 19-140.
Reserved.
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.
PARTC.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other
Stmck tlnongh. passages are deleted.
Underlined passages are added.
2004-0-07
116
'-'
..".,
appropriate word, and the sections ofthis ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts B through F shall not be codified.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon date of adoption.
PART F.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilman Brown, the vote on the
first reading/public hearing of this ordinance held on February 23,2004, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
x
Councilman Dennis A. Vincenzi
x
Councilwoman Harriet E. Rhodes
Absent
Councilwoman Judy Lichter
x
StI uck tlnough passages are deleted.
Underlined passages are added.
2004-0-07
117
'.
,.."
""'"
This Ordinance was heard during the City Council meeting on March 15, 2004 during second
reading and pursuant to a motion by Councilwoman Rhodes with second by Councilwoman Lichter,
Council determined to continue the public hearing until the April 5, 2004 City Council meeting.
AfterMotionby Councilwoman Lichter andSecondby Councilwoman Rhodes
the vote on the second reading/public hearing of this ordinance held on April 5, 2004, was as
follows:
AYE
NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
Absent
Councilman Dennis A. Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
StItlGk thtOtlgh passages are deleted.
Underlined passages are added.
2004-0-07
118
PASSED AND DULY ADOPTED this 5th day of April, 2004.
ATTEST:
-S" a j.7Wadswprth Lisa Bloomer
City Clerk - Deputy
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
Struck-Orcengh passages are deleted.
Underlined passages are added.
2004-0-07
119
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Donald A. Schmidt
Mayor
,.
Robin L. Matasick
Legal Asslstant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 5th day of
April, 2004 under Agenda Item No. 6 A