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0484 Water and SewerORDINANCE NO. 484 AN ORDINANCE AMENDING THE CITY OF OKEECHOBEE, FLORIDA, CODE OF ORDINANCES: ARTICLE III, SEWERS AND SEWAGE DISPOSAL, BY ADDING THERETO SECTIONS 18-49 THROUGH 18-71. SAID AMENDMENT REQUIRES USE OF PUBLIC SEWERS; PROVIDES FOR PRIVATE SEWAGE DISPOSAL; REGULATES CONNECTIONS, DISCHARGE, ENFORCEMENT, UNAUTHORIZED USE, STORM WATER MANAGEMENT; AUTHORIZES INSPECTI_ONc, t,IENS, LEGAL • ACTIONSi PROVIDES FOR CONNECTION FEES, SEWER FEES, CHARGES, DIS- POSITION OF FUNDS, RATES, CHARGES, PENALTIES, AND SETS FORTH DEFINITIONS, PENALTY COST, SEVERABILITY, AND CONFLICT PROVISIONS; MAKES PROVISIONS FOR THE RENEWAL OF OCCUPATIONAL LICENSE SUBJECT TO ADEQUATE POLLUTION CONTROL FACILITIES; AND PROVIDES FOR AN EFFECTIVE DATE. Section 18-39. Purpose and Polic This ordinance sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the city of OKEECHOBEE and enversions and enables the area covered to comply with all applicable State and Federal laws required by the Clean Water Act of 1977 and the general Pretreatment Regulations (40 CFR, Part 403). The objectives of this ordinance are: (a) to prevent the introduction of pollutants into the area-wide wastewater system which will interfere with the operation of the system or contaminate the resulting sludge; (b) to prevent the introduction of pollutants into the area-wide wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system. (c) to improve the opportunity to recycle and reclaim wastewaters and sludge from the system; and (d) to provide for equitable distribution of the cost of the area-wide waste- water system. This ordinance provides for the regulation of direct and indirect contributors to the area-wide wastewater system of certain non-domestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activi- ties, requires user reporting, assumes that existing customer's capacity will not be preempted, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. This ordinance shall apply to the City who are, users of the area-wide POTW. of Public Works of the area-wide POTW provisions of this ordinance. of Okeechobee and to persons outside the City Except as otherwise provided herein, the Director shall administer, implement, and enforce the Section 18-40. Definitions Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows: (1) Abnormal strength wastes shall mean wastes containing BOD above three hundred (300) mg/l and/or any waste containing fats, waxes, grease or oil in excess of one hundred (100) mg/l and/or suspended solids above three hundred (300) mg/l. (2) BOD (denoting biochemical oxygen demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees centigrade, expressed in milligrams per liter. (3) Building drains shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from waste and other sanitary drainage pipes inside the walls of the building and conveys it to the building sewer beginning ten (10) feet outside the building wall. • (4) Building sewer or lateral shall mean the extension from the building drain to the public sewer or other place of disposal. (2) (5) Garbage shall mean solid waste from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce. (6) Industrial wastes shall mean the liquid wastes resulting from the processes • employed in industrial, trade or business establishments. (7) Natural outlet shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water. (8) Person shall mean any individual, firm, company, association, society, corporation or group. (9) PH shall mean the logarithm of the reciprocal of the weight of Hydrogen ions in grams per liter of solution. (10) Private sewage disposal system shall mean a watertight receptacle which receives the discharge of a drainage system or part thereof, and is designed and constructed so as to separate solids from the liquid, digest organic matter through a period of detention, and allow the liquids to discharge into the soil outside of the tank through a system of open-joint or perforated piping, or disposal pit. (11) Properly shredded garbage shall mean the wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particles greater than one-half inch in any dimension. (12) Public sewer shall mean a common sewer directly controlled by public authority. (13) Sanitary sewage shall mean any combination of water carried wastes from residences, business buildings, institutions and industrial establishments containing animal or vegetable matter or chemicals in suspension or solution, together with such ground, surface and storm waters as may be unintentionally present. (14) Sanitary sewer shall mean a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted. (15) Sewage treatment plant shall mean any arrangement of devices and structures used for treating sewage. (16) Sewerage works shall mean all facilities for collecting, pumping, treating and disposing of sewage. (17) Sewer shall mean a pipe or conduit for carrying sewage, industrial wastes or storm water. (18) Slug shall mean any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quanity of flow exceeds more than five (5) times the average twenty-four (24) hours concentration or flows during normal operation. (19) Storm drain also termed storm sewer shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water. (20) Superintendent shall mean the Director of Public Works of the City of Okee- chobee or his authorized deputy, agent or representative. (21) Suspended solids shall mean solids that either float on the surface of, or are in suspension in, water, sewage or other liquids and which are removable by labora- tory filtering. (22) Watercourse shall mean a channel in which a flow of water occurs either continuously or intermittently. (23) Shall is mandatory; may is permissive. (24) POTW - Publicly Owned Treatment Works, which is owned in this instance by the City. • (25) Direct Discharge shall mean the discharge of treated or untreated waste- water directly to the waters of the State of Florida. (3) (26) Indirect Discharge shall mean the discharge or the introduction of non- domestic pollutants from any source into the POTW. (27) Pollution shall mean the man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water. • (28) Pollutant shall mean any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, chemical wastes, biological materials radioactive materials, heat, wrecked or discharged equipment, rock, sand, and industrial, municipal, and agricultural waste discharged into water. (29) 201 Facilities Planning Area shall be that area described in the 201 Facili- ties Planning Study conducted by Fred Bell, Consulting Engineer and further denoted on the area-wide map denoted in the Planning Study as Figure 5.2.3. Section 18-41. Use of Public Sewers Required. (1) It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the 201 facilities planning area, any human or animal excrement, garbage or other objection- able waste. (2) It shall be unlawful to discharge to any natural outlet within the City of Okeechobee, or in any area under the jurisdiction of the City of Okeechobee, any sewage except where suitable treatment has been provided in accordance with the provisions of this chapter. (3) Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage. All private means of sewage disposal shall be removed at the expense of the owner. (4) Flush toilets shall be required within the 201 facilities planning area in all houses, buildings or structures used for human occupancy, employment, recreation or other purposes and such flush toilets shall be connected within 90 days, after receiving official notice from the City, to the public sanitary sewer at the owner's expense, subject however to the following exceptions and limitations: If said house, building or structure is not situated on property abutting a street, alley or road right-of-way wherein there is located a public sanitary sewer or if said property is not within one hundred (100) feet of said public sanitary sewer, such connections shall not be re- quired; and further if the connection of said house, building or structure requires unusual and costly plumbing such as a lift station, force main or similar plumbing facilities, then either the city or county shall bear such expense and allocate its costs through the public sanitary sewer system or no connection shall be required. (5) All extensions of the sewer system shall be installed at no expense to the City and according to City specificaitons, as specified inthe master plan, all requests for extensions shall be submitted to the Public Works Office and approved by the City Engineer and Director of Public Works. Section 18-42. Private Sewage Disposal (1) Where a public sanitary sewer is not available under the provisions of section 18-41, the building sewer shall be connected to a private sewage disposal system complying whith the provisions of this section and no sewer fees and charges provided for in sections 18-48, 18-49 and 18-50 shall be imposed. (2) Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the appropriate building official. The application for such permit shall be made on a form furnished by the City of Okeechobee, if within the city limits and by Okeechobee County if within the unincor- porated area of the 201 facilities planning area which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the building official. A permit and inspection fee of Ten ($10.00) dollars shall be paid to the City of Okeechobee or Okeechobee County as applicable at the time the applica- tion is filed. . (3) A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the building official. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the building official when the work is ready for final inspection and before any underground portions are covered. The inspection (4) shall be made within two 92) days of the receipt of notice by the building official (except Saturdays, Sundays and holidays). (4) The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the State • of Florida. No permit shall be issued for any private sewage disposal system employing surface soil absorption facilities where the area of the lot is less than ten thousand (10,000) square feet. No septic tank or cesspool shall be permitted to discharge to any outlet. (5) The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times at no expense to the City or County of Okeechobee. (6) PTO statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the health officer of Okeechobee County, Florida. Section 18-43. Building Sewers and Connections. (1) No unauthorized person shall uncover, make any connections with or openings into, use, alter or disturb any public sewer or appurtenances thereof. All connections to the public sewer shall be performed by the City. (2) All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the City of Okeechobee from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (3) A spearate and independent building sewer shall be provided for every build- ing except where one building has multiple offices or dwellings then one sewer connection may be installed, however all fees and monthly charges shall be billed and collected on a per unit basis as if each unit or dwelling had its own separate sewer connection. (4) Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the building official, to meet all require- ments of this chapter. (5) The size, slope, alignment, materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and back- filling the trench within the 201 facilities planning area, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City of Okeechobee. (6) Whenever possible, the building sewer shall be brought to the building at an elevation below any basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. (7) No person shall make connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. (8) The connection of the building sewer into the public sewer within the 201 facilities planning area, shall conform to the requirements of the building and plumbing code or other applicabale rules and regulations of the City of Okeechobee. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the building official before installation. (9) The applicant for the sewer permit shall notify the building sewer is ready for inspection and connection connection shall be made under the inspection and approval his representative. the building official when to the sanitary sewer. The of the building official or (10) All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored it in a manner satisfactory to the City and County of Okeechobee. (5) Section 18-44. Discharges to Public Sewers Regulated. (1) No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage or unpolluted cooling water to any • sanitary sewer. (2) Storm water and all unpolluted drainage shall be discharged to storm drains or to a natural outlet approved by the city engineer. Unpolluted industrial cooling water or unpolluted industrial process water may be discharged, on approval of the city engineer, to a storm drain or natural outlet. Within the unincorporated area of the 201 facilities planning area the County Engineer shall approve such discharges. (3) No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers: (a) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas. (b) Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or in interaction with other wastes, to injure or interfere with any sewage treatment process, consti- tute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of 0.00 mg/l as CN in the wastes as discharged to the public sewer. (c) Any waters or wastes having a pH lower than 6.0 or higher than 8.5 having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewerage works. (d) Solids or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewerage works, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage,. whole blood, paunch manure, hair and fleshings, entrails, paper dishes, cups, milk containers, etc. (4) No person shall discharge or cause to be discharged to any public sewer the following described substances, materials, waters or wastes if it appears likely in the opinion of the Director of Public Works and/or the superintendent that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving waters, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Director of Public Works and/or the superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are: (a) Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees Fahrenheit (sixty-five (65) degrees centigrade) or a flash point lower than one hundred eighty (180) degrees Fahrenheit (ASTM Open Cup). (b) Any waters or wastes containing fats, wax, grease or oil, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150) degrees Fahrenheit (zero (0) degrees and sixty-five degrees centigrade). (c) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower or greater shall be subject to the review and approval of the building official. (d) Any waters or wastes containing strong acid, iron pickling wastes, or . concentrated plating solutions whether neutralized or not. (e) Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances; or wastes exerting an excessive (6) chlorine requirement, to such degree that any such material received in the composite sewage at the treatment plant exceeds the limits estab- lished by the federal, state or other public agency for such materials. (f) Any waters or wastes containing phenols or other odor-producing sub- stances in such concentrations exceeding limits which maybe established by the Director of Public Works as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies [having] jurisdiction for such discharge to the receiving waters. (g) Any radioactive castes or isotopes of such half-life or concentration as may exceed limits established by the Director of Public Works in complianc with applicable state or federal regulations. (h) Materials which exert or cause: 1. Unusual concentrations on inert suspended solids (such as, but not limited to, fuller's earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate). 2. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tannin solutions). 3. Unusual BOD (in excess of 300 ppm), suspended solids (in excess of 300 ppm), COD, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works. 4. Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein. (i) Waters or wastes containing substances which are not amenable to treat- ment or reduction by the sewage treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. (5) If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in section 18-44(4) which in the judgment of the Director of Public Works and/or the superintendent may have a deleterious effect upon the sewerage works, processes equipment or receiving waters or which otherwise create a hazard to a life or constitute a public nuisance, the Director of Public Works and/or superintendent may: (a) Reject the wastes; (b) Require pretreatment to an acceptable condition for discharge to the public sewers. If the Director of Public Works and/or the superintendent permits the pretreatment the design and installation of the plans and equipment shall be subject to the review and approval of the city engineer and subject to the requirements of all applicable codes, ordinances and laws. (6) Grease, oil and sand interceptors shall be provided when, in the opinion of the superintendent, they are necessary for the proper handling of sanitary sewage con- taining grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the building official and superintendent and shall be located so as to be readily and easily accessible, including manholes at entrance and discharge points, for cleaning and inspection. Where preliminary treatment is provided for any wastes, it shall be maintained continuously in satisfactory and effective operation by the owner at his expense. (7) The owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters • and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole shall be accessibly and safely located and shall be constructed in accordance with plans approved by the superintendent. The (7) manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times. The owner shall install such manhole within thirty (30) days from the date the lateral connection is made to the sewer or, if no manhole was required at the time the building sewer was installed, the owner shall install such manhole. If such manhole is not installed within the time provided, the city shall have the right to enter into a contract for the installa- tion of said manhole at the owner's expense, and the cost of installing said manhole together with the administrative cost to the city necessary to process the installation of said manhole shall be chargeable to the owner, and if not paid within thirty (30) days from the date such installation is completed, the unpaid costs together with lawful interest thereon shall be a lien upon the property wherein the user is situated. The city shall be entitled to institute foreclosure proceedings for the collection of said unpaid costs and interest theron, such proceedings to be in accordance with law, and the city shall be entitled to collect reasonable attorneys' fees from the owner for services rendered by the city's attorneys in the institution and prosecution of such foreclosure proceedings. Liens created under this section shall, upon the request of the user and/or owner of the property affected, and upon payment of all installation and administrative costs and lawful interest thereon, be released by a certificate signed by the city administrator or the Mayor and bearing the seal of the city. The issuance of such certificate shall constitute prima facie evidence of existence or nonexistence of any such unpaid costs, and shall, in the absence of fraud perpetrated by the party requesting same, be binding upon the city as to the existence and non- existence of any lien created hereunder. (8) All measurements, tests and analyses of the characteristics or waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater" published by the American Public Health Association, from suitable samples taken at said control manhole. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewerage works and to determine the exist- ence of hazards to life, limb and property. The particular analysis involved will determine whether a twenty-four (24) hours composite of all outfalls of a premises is appropriate or whether a grab sample or other multiple samples should be taken. Section 18-45. Protection from Damage. No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewerage works. Any person violating this provision shall be subject to immediate arrest for a misdemeanor punishable as provided by law. Section 18-46. Powers and Authority of Inspectors (1) The Superintendent and other duly authorized employees of the City of Okee- chobee, bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. The superintendent or his representatives shall have no authority to inquire into any processes, including metal- lurgical, chemical, oil refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. (2) While performing the necessary work on private properties referred to in sub- section (1) above, the superintendent or duly authorized employees of the City of Okeechobee shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the City of Okee- chobee employee(s) and the City of Okeechobee shall indemnify the company against loss or damage to its property by the City of Okeechobee employee(s) and against liability claims and demands for personal injury, or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in section 18-44(7). (3) The superintendent and other duly authorized employees of the City of Okee- chobee, bearing proper credentials and identification, shall be permitted to enter all private properties through which the City of Okeechobee holds negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, . repair and maintenance of any portion of the sewerage works lying within said easement. All entries and subsequent work, if any, on said easements shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (8) Section 18-47. Penalties. (1) Any person found to be violating any provisions of this chapter, except section 18-45, shall be served by the City of Okeechobee, with written notice stating • the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. 92) Any person who shall continue any violation beyond the time limit provided for in section 18-47(1) shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding five hundred dollars ($500.00) for each violation. Each day in which any violation shall continue shall be deemed a separate offense. (3) Any person violating any of the provisions of this chapter shall become liable to the City of Okeechobee for any expense, loss or damage occasioned the City of Okee- chobee for reason of such violation. (4) Abnormal strength wastes of institutional, commercial or industrial users: (a) General. A surcharge may be imposed upon customers [discharging] abnormally high-strength sewage. (b) Surcharge for high-strength wastes--Computation. The surcharge in dollars shall be computed by multiplying the total mg/1 of BOD and suspended solids above 600 mg/1 times the metered water used during the billing period in millions of gallons times a treatment surcharge factor. The surcharge factor shall be derived annually from the following formula: Surcharge Factor = Cost of Treatment Per Million Gallons 600 Where cost of treatment per million gallons equals operational costs of the city's sewage treatment plant(s) for the preceding fiscal year (including pro rata administrative costs) divided by the total sewage flow through all plants in millions of gallons. 600 equals maximum normal BOD plus suspended solids content expressed in milligrams per liter. The surcharge in dollars for fats, waxes, grease, oil and solvent- soluble substances shall be computed on a basis of $2.00 ppm over a maximum of 100 ppm. (c) Same--When due and payable. Billing will be quarterly, based on monthly charges, payable within thirty (30) days or be subject to a late penalty of one and one-half (12) per cent per month or fraction of a month to be added. Section 18-48. Fees. (1) There are hereby established Sanitary Sewer Connection fees, sanitary sewer user fees and sanitary sewer system capacity charges to provide revenue for the payment of operation and maintenance expenses for the plant and the collection system, to provide revenues for the payment of principal and interest on monies borrowed to construct the system and revenues for routine renewal, replacement and expansion. (2) Funds derived shall be used as provided by law. (3) (a) Sanitary Sewer Connection Fees. A connection and tappage fee for connection to the area-wide sewer system and the system capacity charges provided in section 18-49 shall be paid to the finance department at the time of application for a sewer connection. The connection and tappage fee shall be applicable to 201 facilities planning area as follows: INSIDE CITY OUTSIDE CITY 1. Residential sewer customers $325.00 $487.50 • 2. All other sewer customers. Four-inch service $325.00 $487.50 Six-inch service $425.00 $637.50 (9) (b) Sanitary Sewer User Fees. The fees established herein for use, or availability for use, of the area- wide wastewater treatment system shall be payable by each and every dwelling unit, business establishment, church, hospital and every other type of private or public • building, structures or activity providing sewage and/or waste. (a) Dwelling Unit: A house, apartment, group of rooms or a single room occupied or intended for occupancy as separate living quarters. Separate living quarters are those in which the occupants do not live and eat with any other persons in the structure, and which quarters have either: (i) direct access from the outside of the building or through a common hall; or (ii) complete kitchen facilities for the exclusive use of the occu- pants. (b) Multiple Dwellings: Structures occupied or intended for use as living quarters, containing more than one dwelling unit, not to include more than one dwelling unit, not to include hotels, motels or similar living quarters which do not contain dwelling units as defined herein. (c) Residences: Structures occupied or intended for use as single-family living quarters, containing no more than one dwelling unit. (d) All Others: Structures occupied or intended for use as a business establishment, church, hospital and all other types not classified as a dwelling unit or residence. (4) Sewer use fees for the incorporated sections of the 201 facilities planning area shall be based on volume of water used each month through the water meter at the rates set forth below: (a) Sewer Rates. Each customer connected to the City's Sewer System shall be billed at the rate of $2.49 per 1,000 gallons. (b) Customers Without Water Meter Service: In the event a sewer customer, (building or premises) is discharging sewage, water or other liquid wastes into the City's sewer facilities and using water supplied on other than a metered basis from a private water supply then in each such case the owner shall be required by the City to cause a water meter or other measuring device to be installed acceptable to the City, and the quantity of water used as measured by such meter shall serve as a basis for determining the sewer charge, and pending installation of such meter, rates and charges shall be based upon an estimated quantity of water used. (5) Rates and charges provided for in this section shall not apply to water billings for such meters as have been determined by the City to have no relationship to the use of the area-wide sanitary sewer system. (6) Sanitary Sewer Use Rates for the unincorporated areas of the 201 facilities planning area: 14 times the rate set forth in Section 18-48(4)(a)(b)(c) & (d) above. (7) The users of the POTW and the sewage collection system within the 201 facilitie, planning area shall be billed monthly. (8) System Capacity Charge. A system capacity charge shall be paid by all new customers on the City of Okeechobee sanitary sewer system in the following amounts: INSIDE CITY OUTSIDE CITY . (a) Residential customers with 5/8 by 3/4 inch meter . • • $ 400.00 $ 500.00 (b) Residential customers with one inch water meter $1,000.00 $1,250.00 (10) INSIDE CITY OUTSIDE CITY (c) All Other Sewer customers (1) Minimum system capacity charge $300.00 $450.00 • (2) For sewer discharge flows exceeding 200 gallons per day, per gallon $ 1.50 $ 2.25 Section 18-49. Persons Deemed Users. Subject to the limitations and exceptions in section 18-41(4), each person owning any building inhabited or used within the 201 facilities planning area, by human beings as a place of residence, business or otherwise that shall be connected with any line of the sanitary sewerage system or, although not connected with any line of the sanitary sewerage system, has had for more than one (1) year a sanitary sewerage line available for the use of such property, shall be considered to be, for the purpose of the enforce- ment of this chapter, a user of such system and shall pay such fees, rates and charges therefore as are established by section 18-48 or as hereafter may be modified as provided by law. Section 18-50. Collections; Penalties for Nonpayment. (1) Nonpayment of fees is hereby declared a violation of this chapter. There is hereby imposed a penalty of ten (10) percent for each fee which remains unpaid for a period of fifteen (15) days after the fee is due and payable, and without further notice such penalty may be added to the next billing. Nonpayment of fees for a period of twenty (20) days after the fee is due and payable shall constitute grounds for the suspension of water service until payment is made. (2) The penalties and remedies contained herein shall be cumulative and shall be in addition to any and all other penalties and remedies contained in the Code of Ordinances for the violation thereof. Section 18-51. Liens; Enforcement; Satisfaction and Release. (1) Fees remaining unpaid for a period of sixty (60) days after they are due and payable, together with lawful interest thereon, and any penalties for nonpayment of the fees as provided in section 18-62(2) of this chapter shall be and are hereby declared a lien upon the property wherein the user is situated. (2) The city shall be entitled to institute foreclosure proceedings at any time after a lien is attached, such proceedings to be in accordance with law, and the city shall be entitled to collect reasonable attorneys' fees from the owner for services rendered by the city's attorneys in the institution and prosecution of such foreclosure proceedings. (3) Liens created under this section shall, upon the request of the user and/or the owner of the property affected, and upon payment of all delinquent fees, including lawful interest thereon, and all penalties imposed, be released by a certificate signed by the city administrator or the Mayor and bearing the seal of the city. The issuance of such certificate shall constitute prima facie evidence of the existence or non- existence of any such delinquent fees, and shall, in the absence of fraud perpetrated by the party requesting same, be binding upon the city as to the existence or non- existence of any lien created hereunder. Section 18-52. Unauthorized Use of Sewer System. It shall be unlawful for any person to tap, cut or in any way use any line, branch or part of the sanitary sewerage system without obtaining a written permit and paying all fees, rates and charges established by law. Section 18-53. Renewal of Occupational License Subject to Adequate Pollution Control Facilities After any occupational license is issued, a copy of the application shall be forwarded to the public works department, and if alteration of occupational activities would create pollution problems, modification of the facilities such as grease traps • and other pretreatment facilities may be required. Where facilities require updating or additional equipment to meet pollution standards, such changes shall be made prior to the renewal of any occupational license. (11) Section 18-54. Storm Water Management. Wherever storm water drainage is required under this chapter, the storm water management system shall be designed and maintained in accordance with the provisions of section 18-44. • Section 18-55. Legal Action. If any person discharges sewage, industrial wastes or other wastes into the city's wastewater disposal system contrary to the provisions of this Ordinance, Federal or State Pretreatment Requirements or any order of the City, the City Attorney may commence an action for appropriate legal and/or equitable relief in the (Circuit) Court of this county. Section 18-56. Penalty: Costs. (1) Civil Penalties. Any user who is found to have violated an Order of the City Council or who willfully or negligently failed to comply with any provision of this Ordinance, and the orders, rules, regulations hereunder, shall be fined not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the City may recover reasonable attorneys' fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this Ordinance or the orders, rules and regulations hereunder. (2) Falsifying Information. Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Ordinance or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Ordinance, shall, upon conviction, be punished by a fine of not more than $1,000.00 or by imprisonment for not more than six (6) months, or by both. Section 18-57. Severability (Validity Clause). If any provision, paragraph, word, section or article of this Ordinance is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections, and chapters shall not be affected and shall continue in full force and effect. Section 18-58. Conflict. All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this Ordinance are hereby repealed to the extent of such inconsistency or conflict. Section 18-59. Effective Date. 1983. This ordinance shall be in full force and effect on the 18th day of April , INTRODUCED the 4th day of April , 1983. FIRST READING: April 4 , 1983. SECOND READING: April 18, , 1983. PASSED this 18th day of April , 1983. AYES: 5 NAYS: 0 ABSENT: 0 NOT VOTING: 0 APPROVED by me this day of 1983. MAYOR, CITY OF OK-- HOBE ATTEST: (Seal) City Clerk Published the 8th day of April , 1983.