Ordinance 97-48 ORDINANCE NO. 97- ~8
AN ORDINANCE TO BE KNOWN AS THE UNIFORM UTILITY
,, OPERATING AND REGULATORY STANDARDS, PROCEDURES AND
',' MONTHLY BILLING SCHEDULE ORDINANCE; RE-ESTABLISHING THE
MARCO WATER AND SEWER DISTRICT; DESCRIBING THE
BOUNDARIES OF THE MARCO WATER AND SEWER DISTRICT;
PROV[DING FOR THE MARCO WATER AND SEWER DISTRICT TO
SUCCEED EXISTING DISTRICT; PROVIDING POWERS OF THE MARCO
WATER AND SE~'ER DISTRICT; PROVIDING LEGISLATIVE INTENT
FOR THE CREATION AND RE-ESTABLISHMENT OF THE MARCO
WATER AND SEWER DISTRICT; PROVIDING FOR THE RE-
ESTABLISHMENT OF THE GOODLAND WATER DISTRICT;DESCRIBING
THE AREA WITHIN THE GOODLAND WATER DISTRICT; PROVIDING
FOR POWERS OF THE GOODLAND WATER DISTRICT; PROVIDING
ASSESSMENTS OF THE GOODLAND WATER DISTRICT; PROVIDING
FOR THE GOODLAND WATER DISTRICT TO SUCCEED EXISTING
DISTRICT; PROVIDING FOR RATES, FEES AND CHARGES AND
REGULATIONS OF THE COLLIER COUNTY WATER-SEWER DISTRICT,
THE MARCO WATER AND SEWER DISTRICT AND THE GOODLAND
WATER DISTRICT; PROVIDING THE MONTHLY USER FEES FOR
RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES IN THE COLLIER
COUNTY WATER-SEWER DISTRICT AS FOLLOWS:
1. Water
(a) Service Availability Charge:
(i ) Individually Metered Residential, Non-Residential and Irrigation:
5/8 and 3/4 inch meter $ 12.00 per month
I inch meter $ 24.00 per month
I '/. inch meter $ 36.00 per month
I '/: inch meter $ 44.00 per month
2 inch meter $ 69.00 per month
3 inch meter $134.00 per month
4 inch meter $ 207.00 per month
6 inch meter $ 411.00 per month
.c~ ,., 8 inch meter $ 737.00 per month
::t ~ (ii) Multi-family Residential Property (master metered)
Lt_l ---' t,. First dwelling unit $ 12.00 per month
~ e Each additional dwelling unit $ 8.20 per month
t.L. -,: (b) Volume Charge Per 1,000 Gallons:
~-~ t~ (i) Residential and Multi-family (no separate meter for irrigation):
a, o 1 - 10,000 gallons $ 1.45
~ "~ 10,000 - 20,000 gallons $ 1.82
Above 20,000 gallons $ 2.28
(ii) Non-residential (no separate meter for irrigation):
First block $ 1.45
In excess of first block $ 2.05
Non-residential First Block Usage Threshold:
5/8 and 3/4 inch meter 10,000 gallons
I inch meter 25,000 gallons
1% inch meter 40,000 gallons
O I V: inch meter 50,000 gallons
2 inch meter 80,000 gallons
3 inch meter 160,000 gallons
4 inch meter 250,000 gallons
6 inch meter 500,000 gallons
8 inch meter 900,000 gallons
fill) Residential or Non-residential Irrigation (separately metered): All usage $2.05
2. Sewcr
(a) Service Availability Charge:
(i) Individually Metered Residential and Non-Residential Property:
5/8 and 3/4 inch meter $ 17.00 per month
I inch meter $ 35.00 per month
I 'A inch meter $ 53.00 per month
O I '/l inch meter $ 65.00 per month
2 inch meter $ 101.00 per month
3 inch meter $ 197.00 per month
4 inch meter $ 305.00 per month
6 inch meter $ 606.00 per month
8 inch meter $1,087.00 per month
(ii) Multi-family (master metered)
First dwelling unit $17.00 per month
Each additional dwelling unit $12.00 per month
(b) Volume Charge:
(i) Per 1,000 gallons $ 1.96
(ii) Residential Maximum: The maximum volumetric charge for
residential property shall be 10,000 gallon per dwelling unit.
3. Dedicated Fire Systems
(a) Fire Meter
(i) Fire Service meter size will refer to the largest diameter meter
installed for fire protection.
(ii) Fire Service meter connections that provide domestic or other water
usage as evidenced by regular monthly detected usage shall be billed
according to regular water monthly availability and usage charges
as described herein.
(b) Volume Charge:
(i) Per 1,000 gallons $ 1.45
PROVIDING MONTHLY USER FEES FOR RESIDENTIAL AND NON-
RESIDENTIAL PROPERTIES IN THE MARCO WATER AND SEWER
DISTRICT AS FO[.LOWS:
I. Sewer
(a) Residential
(i) Single family residences, multi-family
residences, apartment residences,
mobile home residences,
Each one bath living unit $20.80 per month
Each additional bath per living unit $ 4.60 per month
(b) Non-Residential. Each facility shall be billed
based upon the total of the following units
contained therein.
(i) Hotel, motel and trailer rental units:
Each unit $10.15 per month
(ii) Commercial, office, institutional,
recreational and industrial toilet units
O (not to include industrial waste)
(Institutional shall include but not be
limited to churches, Property owners,
association facilities, government service
facilities, fire stations and schools);
Each toilet unit $36.95 per month
(iii) Commercial and coin laundry washer units;
Each washer unit $18.50 per month
(iv) Restaurant and lounge seating units;
Each seating unit $ 3.25 per monlh
Wastewater Adjustment Clause:
[ New FWSC Volume Rate ($/Mgal) - Old Volume Rate ] x 3.6 -- $Adj.
Residential w/Single Bath 1.0000 x $Adj. = Amt. to add to existing rate.
Residential - Additional Bath 0.2222 x $Adj. = Amt. to add to existing rate.
Hotel/Motel per unit 0.4889 x $Adj. = Amt. to add to existing rate.
Commercial 1.7778 x $Adj. = Amt. to add to existing rate.
Coin Laundry per unit 0.8889 x $Adj. = Amt. Io add to existing rate.
Restaurant per seat 0.1556 x $Adj. = Amt. to add to existing rate.
PROVIDING MONTHLY USER FEES FOR RESIDENTIAL AND NON-
RESIDENTIAL PROPERTIES IN THE GOODLAND WATER DISTRICT AS
FOLLOWS:
1. Water
(a) Service Availability Charge:
(i) Individual Metered Residential, Non-Resident;al and Irrigation:
~A inch meter $ 16.00 ~et month
I inch meter $ 37.00 ~er month
1V~ inch meter $ 72.00 ~er month
2 inch meter $ 114.00 ~er month
3 inch ,neter $ 226.00 ~er month
4 inch meter $ 351.00 ~ermonth
6 inch meter $ 701.00 ~er month
8 inch meter $1,259.00 ~er month
(b) Volume Charge per one thousand gallons ($/Mgal) of usage:
All usage $3.92 / Mgal
Purchased Water Adjustment Clause:
[ New FWSC Volume Charge - Old FWSC Volume Charge ]
= Adder
0.78
Existing Goodland $/Mgal + Adder = New Goodland $/Mgal
factor is needed to adjust for unaccounted for water and the change in the
monthly fixed charged from FWSC.
PROVIDING OTHER CHARGES OF THE COLLIER COUNTY WATER-SEWER
DISTRICT, THE MARCO WATER AND SEWER DISTRICT AND THE
GOODLAND WATER DISTRICT FOR INSTALLATION, TEMPORARY
METERS, USER FEES, LATE PAYMENT FEES AND THE FOLLOWING
CHARGES:
I. Meter Size Meter Tapping Charge
3/4" 5260.00
l" $350.00
1 V2" $500.00
2" $600.00
2. The following list of charges is established for user services:
New Accounts $ 20.00
Meter Removal or Lock $ 50.00
Turn On After Hours $ 50.00
Meter Removal or Lock After Hours $100.00
Meter Initial Re-Read $ 20.00
Meter Test/2nd Re-Read $ 35.00
Non-Emergency Shut Offs $ 50.00
Account Reinstatement $ 30.00 (plus full payment
(less than or equal to 15 days) and delinquency fees)
Account Reinstatement $ 50.00 (plus full payment
(greater than 15 days) and delinquency fees)
3
Effluent irrigation usage in each District shall be at the following schedule:
(a) Service Availability Charge:
(i) Individually Metered Irrigation:
5/8 and 1/, inch meter $ 4.35 per month
I inch meter $ 10.90 per month
1 ~/2 inch meter $ 21.75 per month
2 inch meter $ 43.50 per month
3 inch meter $ 87.00 per month
4 inch meter $174.00 per month
(b) Volume Charge Per 1,000 Gallons:
FuLl Service Reuse $ 0.13
Master Metered Bulk Service Reuse $ O. 13
PROVIDING REGULATIONS FOR APPLICATION FOR SERVICE TO THE
COLLIER COUNTY WATER-SEWER DISTRICT, THE MARCO WATER
AND SEWER DISTRICT AND THE GOODLAND WATER DISTRICT;
PROVIDING LIMITATIONS OF USE, CONTINUITY OF SERVICE
INCLUDING BILLING DISPUTES AND STANDARDS OF SERVICE,
MAINTENANCE AND REPAIR; PROVIDING FOR PROPERTY OWNER'S
LIABILITY FOR DAMAGE TO EQUIPMENT; PROVIDING FOR SECURITY
DEPOSITS ON W~TER AND SEWER ACCOUNTS; PROVIDING FOR
PROPERTY OWNE}CS RESPONSIBILITY FOR WATER SERVICE AND
BAD DEBTS; PROVIDING FOR DATES BILLS ARE DUE AND
DELINQUENT; DISCONTINUANCE OF SERVICE FOR NON-PAYMENT;
PROVIDING FOR REINSTATEMENT FOLLOWING DISCONTINUED
SERVICE; PROVIDING FOR BILLING PAYMENT WHEN METER
BECOMES DEFECTIVE; RIGHT OF ENTRY OF AUTHORIZED AGENTS
OR EMPLOYEES; PROVIDING FOR WATER BILL COMPLAINTS;
PROVIDING FOR METERS, LOCATION AND CHARGE FOR MOVING;
PROVIDING FOR REQUIRED CONNECTIONS TO WATER AND SEWER
SYSTEMS; PROVIDING FOR EXCEPTIONS TO CONNECTIONS;
PROVIDING FOR CONNECTIONS TO BE MADE BY THE COLLIER
COUNTY WATER-SEWER DISTRICT, THE MARCO WATER AND SEWER
D1STRICT OR THE GOODLAND WATER DISTRICT; PROVIDING FOR
UNLAWFUL CONNECTIONS PROHIBITED; PROVIDING FOR FAILURE
TO MAINTAIN PLUMBING SYSTEM; PROVIDING FOR UNPAID FEES TO
CONSTITUTE A LIEN; PROVIDING FOR NO FREE SERVICE; PROVIDING
FOR SEPARATE CONNECTIONS FOR EACH SEPARATE UNIT;
PROVIDING FOR LAWN SPRINKLING REGULATIONS; PROVIDING FOR
HARDSHIP/VARIANCE PROCEDURE TO LAWN SPRINKLING
REGULATIONS; PROVIDING EXCEPTIONS TO LAWN SPRINKLING
REGULATIONS; SETTING FORTH THE CITY OF NAPLES SERVICE AREA
AND PROCEDURE TO EXTEND EXISTING DISTRIBUTION WATER
MAINS INTO THE COLLIER COUNTY WATER-SEWER DISTRICT,
MARCO WATER AND SEWER DISTRICT OR THE GOODLAND WATER
DISTRICT; PROVIDING SEWER USE RESTRICTIONS WITHIN THE
COLLIER COUNTY WATER-SEWER DISTRICT; PROVIDING FOR
SUPPLEMENTAL SERVICE CHARGES FOR DISCHARGE OF WASTES;
PROVIDING FOR RULES AND REGULATIONS RELATING TO THE
DISCHARGE OF INDUSTRIAL WASTE; PROVIDING FOR EFFLUENT
QUALITY BOND; PROVIDING FOR THE USE OF PUBLIC WASTEWATER
SYSTEM; PROVIDING FOR THE PROHIBITIONS OF GENERAL
WASTEWATER DISCHARGES; PROVIDING FOR MAXIMUM
WASTEWATER CONCENTRATIONS ALLOWED; PROVIDING FOR
APPROVAL AND MAINTENANCE OF PRETREATMENT FACILITIES;
PROVIDING FOR USE OF INTERCEPTORS AND CONTROL MANHOLES;
PROVIDING FOR MEASUREMENTS AND TESTS; PROVIDING FOR
SPECIAL ARRANGEMENTS AND DETERMINATION OF
ACCEPTABILITY; PROVIDING FOR NATIONAL CATEGORICAL
PRETREATMENT STANDARDS; PROVIDING FOR AL'fERNATIVE
DISCHARGE LIMITS; PROVIDING FOR STATE REQUIREMENTS,
PROVIDING FOR RIGHT OF COUNTY AND DISTRICT TO ESTABLISH
MORE STRINGENT REQUIREMENTS', PROVIDING FOR EXCESSIVE
DISCHARGE; PROVIDING FOR PRETREATMENT STANDARDS;
PROVIDING FOR SLUG DISCHARGES; PROVIDING FOR REASONABLE
SERVICE CONDITIONS; PROVIDING BASELINE REPORT; PROVIDING
COMPLIANCE SCHEDULE, COMPLIANCE REPORT AND PERIODIC
COMPLIANCE REPORTS; PROVIDING FOR MONITORING AND
INSPECTIONS; PROVIDING FOR PENALTIES, VIOLATIONS,
DISCONNECT OF SERVICE, SUSPENSION OF SERVICE, REVOCATION
OF PERMIT; PROVIDING FOR SERVICE CHARGES AND FEES;
PROVIDFNG FOR PENALTIES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES OF COLLIER COUNTY; PROVIDING FOR THE
REPEAL OF COLLIER COUNTY ORDINANCES NOS. 74-28, 75-5, 75-20, 76-
38.77-9, 77-19, 77-44, 77-57, 77-58, 79-3, 79-25, 79-103, 80-43, 82-38, 83-38,
83-39.83-40. 83-49, 84-35, 84-62, 85-19, 85-47, 85-49. 85-69. 85-81, 86-67, 86-
73.87-28, 87-46.88-4.88-34.89-2, 89-80, 91-69.91-80.92-26, 92-64, 93-30, 95-
70.95-72. AND 96-7; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, there are currently three separate districts providing water, sewer, and/or
effluent irrigation service to the residents of Collier County, Florida; and
WHEREAS, the three districts are the Collier County Water-Sewer District, the Marco
Water and Sewer District and the Goodland Water District; and
WHEREAS, the Board of County Commissioners of Collier County, Florida is the Ex-
Officio Governing Board of all three districts; and
WHEREAS, the Collier County staff is utilized by each district to perform the day-to-day
operations involved in operating and maintaining the district's facilities and providing district
services; and
WHEREAS, each district adopted district operating standards, procedures and fee
schedules which, at times, conflict with or are different than the operating standards, procedures
and fee schedules of the other districts; and
WHEREAS, uniform operating standards, procedures and fee schedules, where justified,
are in the best interest of the districts and residents served by the districts: and
WHEREAS, this Ordinance establishes uniform standards and procedures to enable the
more efficient administration of district services; and
WHEREAS, Collier County has adopted several ordinances which apply to the provision
of utility services by the districts and other private water and sewer utility systems; and
WHEREAS, the combination of these ordinances into a single comprehensive ordinance
will provide a simplified and more efficient mechanism for water and sewer utility systems and
for the residents of Collier County to understand the regulations applicable to water and sewer
utilities; and
V~-IEREAS, this Ordinance is partially inlended to be a codification ofexisting County
ordinances into a single comprehensive ordinance; and
WHEREAS, this codification is not intended to revoke or rescind any actions previously
taken by a district. The districl shall be treated as if it has always been in continuous existence
from the date it was originally established despile the repeal of the original enabling ordinance
establishing the district by this ordinance for codification purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Re-Establishment of Marco Water and Sewer DiStrict,
1.1. Definitions. As used in this Section One, the following words and terms shall have the
following meanings, unless some other meaning is plainly intended:
A. "Act" shall mean Chapter 1.53, Pan II, and Chapter 125, Florida Statutes.
B. "Board" shall mean the Board of County Commissioners of the County as the Ex-
Officio Governing Board of the Marco Water and Sewer District.
C. "Bonds" shall mean the obligations issued by the Marco Water and Sewer District
under the provisions of the Act, the enabling ordinance and this Ordinance to pay the cost
of project or combination of one or more projects and payable from revenues derived
from the operation of the utility system, or proceeds of special assessments levied against
properties specially bene~ted by a project or any other special funds authorized to be
pledged as additional security therefor under the provisions of the Act, or payable from
any combination of such revenues, assessments or other funds.
D. "Cost" shall have the same meaning as such term is defined in the Act.
E. "County" shall mean Coilier County, Florida.
F. "District" shall mean the Marco Water and Sewer District hereby re-created.
G. "Project" shall include all properly and rights, easements and franchises relating
thereto and deemed necessary or convenient for the construction or acquisition or the
operation thereof, and shall include the acquisition or construction of any water system
and/or sewer syslem as defined in the Act and any combination thereof.
1.2. Re-Creation of the Marco Water and Sewer District.
The following described unincorporated contiguous area of the County is hereby declared
to comprise the Marco Water and Sewer District, to wit:
All of Marco Island except the areas known as Old Marco Village and Goodland.
The District shall be a body corporate and politic, having all the powers granted by the Act to a
district created under the Act, and shall fi.u'ther have all the powers of a municipal services taxing
or benefit unit as authorized by Section 125.01, Florida Statutes and Chapter 153, Part It, Florida
Statutes. The Board ofthe District shall be the Ex-Officio Governing Board of thc Marco Water
and Sewer District.
1.3. District to Succeed Existing District.
All property, real and personal, rights, claims, franchise, licenses and other assets of
every kind, and all liabilities and obligations of every kind, of the existing water and sewer
6
district comprising the area described in Section 1.2 above or any part orsaid area arc hereby
vested in the District, which shall succeed such existing district; and such existing district is
hereby abolished and re-created by this Ordinance.
].4_...;. District Powers.
The District shall have all the powers or a district under the Act, including but without
limitations, the power to acquire, construct, erect, equip, operate and maintain projccts and
finance the cost thereof with the proceeds of the bonds of the District. The District shall further
have all the powers or a Municipal Service Taxing or Benefit Unit as authorized by Florida
Statutes Chapter ] 25.
].5. Legislative Intent.
The intent of this Section is to provide a means for financing the construction of water
and/or sewer systems within the lands described within Section 1.2 ofthis Ordinance. For
administrative convenience it is desired to accomplish these things through the creation or a
district pursuant to Chapter i 53, Part It, Florida Statutes. in doing so, the Board recognizes the
apparent conflict between Chapter 153, Part I], Florida Statutes, which provides certain
procedures for the creation of a district ,ncluding petition, public hearing and referendum, and
Chapter 165, Florida Statutes, which provides that special districts may be created only by
ordinance or special act and further provides that this shall bc the exclusive method of creating
special districts and that all general or spcchl laws in conflict with said Chapter 165, Florida
Statutes, arc ineffective to the extent of such conflict. The Board further recognizes that Chapter
125, Florida Statutes, empowers the Board of County Commissioners to create districts for the
provision of municipal services including water and sewer systems, and that Chapter 153, Part I,
Florida Statutes, contains a general grant of power to counties to do the things authorized therein,
said powers being dccmcd supplemental and additional to the powers corffcrrcd by other laws.
Accordingly, it is the consensus of the Board, and the Board does hereby dec]arc, that if the re-
creation ora district pursuant to Chapter 153, Part II, Florida Statutes, as ordained hcrein shall bc
declared by a court of competent jurisdiction to be null and void as being unlawfully created by
ordinance, then this District shall be deemed created pursuant to Chapter 125, Florida Statutes,
with all the powers as provided therein, supplemented by the powers granted counties pursu,tnt to
Chapter ! 53, Part I, Florida Statutes, and the lands described heroin shall be known as the Marco
Water and Sewer District by whatever authority created, and all acts and things done by the
Board of County Commissioners as the Ex-Officio Govcmjn8 Board orthe Marco Water and
Sewer District shall bc deemed to be done pursuant to the authority granted by Chapter 153, Part
], Florida Statutes; Chapter 153, Part ll, Florida Statutes; or Chapter 125 Florida Statutes, as may
bc appropriate.
SECTION TWO, Re-EStablishment of G0odland Water District.
2.1. Definitions.
As used in this Section Two, the following words and terms shall have the following
meanings, unless some other meaning is plainly intended:
A. "Act" shall mean Chapter 125, Florida Statutes and Chapter 153, Parl I!, Florida
Statutes.
B. "Assessments" shall mean the proceeds to be derived from assessments to be levied
against the lands and properlies to be specially bene~ted by the construction of any
project, including interest on such assessments and any penalties thereon and moneys
received upon the foreclosure of the licns of any such assessments, but excluding money
recovered for the expense of collection of the assessments.
C. "Board" shall mean the Board of County Commissioners of Collier County as Ex-
Officio the Governing Board of the Goodland Water District.
D. "Bonds" shall mean the obligations issued by the District under the provisions of this
Section Two to pay the cost of a p~oject or combination of one or more projects, the
principal of and premium, if any, and interest on which shall be payable from the
revenues derived from the operation of one or more projects, assessments, ad valorera
taxes within the District only or any other funds of the District or of the County derived
from sources other than ad valorem taxation and legally available for such purpose.
E. "Cost", when used in conn~ .lion with a project, shall mean all expenses necessary,
appurtenant or incidental to the acquisition and construction of such project, including
without limitation the cost of any land or interest therein or of any fixtures, equipment or
personal property necessary or convenient therefore, the cost of labor and materials to
complete such construction, engineering and legal expenses, fiscal expenses for plans,
specifications and surveys, interest during construction, administrative expenses related
solely to the acquisition and construction of the project and all expenses incident to the
financing of the project and the issuance of bonds therefore.
F. "County" shall mean Collier County, Florida.
G. "District" or "Goodland Water District" shall mean the municipal services taxing and
benefit district created hereby and comprising the area of the District described below.
H. "Project" shall mean any Water System or any extension of or improvement thereof,
or any combination thereof, and shall include all property and rights, easements and
franchises relating thereto and deemed necessary or convenient for the acquisition,
construction or operation thereof.
I. "Water System" shall mean and include any system, facility, plant, or other property
used or useful or having the present capacity for future use in connection with obtaining,
purifying and supplying water for human consumption, fire protection, irrigation or
consumption by business or industry and, without limiting the generality of the forgotrig.
shall embrace wells, reservoirs, tanks, pumps, pipes. mains and all necessary or
convenient appurtenant equipment.
2.....R2. Area of the Goodland Water District.
The following described unincorporated contiguous area of the County is hereby declared
to comprise the District, to wit:
All unplaned lands lying East of Westerly, North-South section line of Sections
18 and 19. To~"nship 52 South. Range 27 East and the platled lands lying in
GoodF'nd Isles. the First Addition and the Second Addition as recorded in Plat
Boe~, t, ~'~ge 7; Plat Book 8, Pages I and 2 and Plat Book 8, Page 19
resl>.-' i!; and all lands lying in Goodland Heights Amended and First
Adal,...,n as recorded in Plat Book I, Page 85 and Plat Book 4, Page 18
respectively; and all lands lying in Pertit Subdivision as recorded in Plat Book 2,
Page 88 of the Public Records of Collier County, Florida; all commonly known as
Goodland.
The District shall be a public body corporate and politic. The Board shall be Ex-Officio the
Governing Board of the District.
2.3. District Powers.
A. The District shall have and exercise all of the powers granted by or implied by the Act
with respect to municipal services taxing and benefit units created under the Act, including
without limitation the power to acquire, construct, erect, equip, operate and maintain projects and
finance the cost thereof with the proceeds of Bonds of the District, which Bonds the District is
hereby authorized to issue; to levy an ad valorera tax nol to exceed ten (10) mills, special
assessments and fees; to hold and disp se of real and personal property; and to employ and
discharge employees and authorize them to enter upon private property and public property at
reasonable times for inspections related to the operation of any project and otherwise perform
their duties; to promulgate rules and regulations; and to do all other things necessary to
convenient with respect t'o or reasonably implied by the foregoing.
B. As supplemental or alternate authority to carry out the purpose of the District, the
District shall have and exercise all the powers granted to water and sewer districts under Chapter
153, Pan I[, Florida Statutes.
2.4. District Assessments.
A. The District may provide that the cost of any project or any pan thereof be assessed
against the lots and parcels of real property in the area of the District specially bene~ted by such
project or pan thereof and for the issuance of Bonds payable from such assessments and the
District, in addition to, or conjunction with, the powers granted herein may proceed under the
provisions of Chapter 170, Florida Statutes, as if the District were a municipality and the
proposed project were one described in Section 170.01 of such Chapter, except as hereafter
provided otherwise.
B. Special assessments against properties deemed to be bene~ted by a project shall be
assessed upon such properties in proportion to the benefits, determined and prorated on a flat rate
basis (providing an equal assessment upon each lot or parcel assessed), or based on lhe respective
areas of the properties assessed, or according to the front footage of the respective properties
assessed or on such other basis as the Board may prescribe as being most equitable and fair under
the circumstances.
C. The Board may declare that any assessments may be made payable in not more than
forty (40) equal yearly installments, with interest on the unpaid balance thereof at a rate per
annum determined by the Board, to which, if not paid when due, there shall be added the penal~'
prescribed by such Chapter.
D. Bonds payable from such assessments and a~y other Bonds issued hereunder shall
bear interest at such rate or rates per annum as shall be determined by the Board, payable
annually or semiannually, shall mature at such time or times not exceeding forty (40) years from
the date of their issuance and shall be sold in such manner and at such price as the Board may
determine to be in the best interest of the District, but no such sale may be made at a price of less
than ninety percent (90%) of the par value of the Bonds.
2.5. District to Succeed Existing District.
All property, real and personal, rights, claims, franchise, licenses and other assets of
every kind, and all liabilities and obligations of every kind, of the existing water district
comprising the area described in Section 2.2 or any part orsaid area are hereby vested in the
District, which shall succeed such existing district; and such existing district is hereby abolished
and re-created by this Ordinance.
SECT]ON THREE. District Rates, Fees, Charges and Regulatio_n_~
3.]. Definitions.
Unless specifically provided otherwise these definitions shall apply to this Section Three.
(a) "District" shall collectively refer to as the Collier County Water-Sewer District, the
Marco Water and Sewer District, and the Goodland Water District unless specifically
provided herein.
(b) "Equivalent Dwelling Unit" shall mean the equivalent usage requirements of an
average single-family residential connection. It is used as a factor to convert a given
average daily water or wastewater requirement to the equivalent number of single-family
residential connections.
(c) "Service Availability Charge" shall mean a monthly charge per dwelling unit or
equivalent dwelling unit for residential and non-residential users with no usage included.
(d) "Sewer Use" shall bc defined as the connection of drains for all faucets and facilities
on the property, where po~able water is used in connection with sani~-y purposes from
the potable water system. Such usages shall include, but not be limited to, sinks,
showers, bathtubs, commodes, urinals, bidors, dishwashers, washers, and other such
facilities. "Sewer Use" shall specifically not include runoff water being allowed to enter
the District Sanitary Sewer System.
(c) "Use" - The term "Use" with respect to "Water Use" on the Distfict's water system,
which is a potable water system, shah mean the sole utilization of water from the District
system through all fixtures and pipelines on the property except where a separate system
is available solely for outside irrigation. Any such irrigation shall require an approvcd
backflow prevention device and a physical separation from the remaining potable water
system. "Water Use" shall specifically include, but not be limited to, the flow of water to
all sinks, dishwashers, commodes, urinals, showers, hot water heaters, washers, drinking
water coolers and drinking water machines. Such facilities shall also drain to the
I0
District's sanitary sewer system, where available, in conformancc with other applicable
sections of this Ordinance as well as other Ordinances adopted by Collier County, or
applicable State and Federal laws, rules or regulations.
3...~2. Monthly Rates, Fees and Charges.
Monthly rates, fees and charges for water, sewer, and/or effluent irrigation services
provided by or made available by the District shall be sufficient to recover system operation,
maintenance, renewal enhancement, replacement and debt service costs and shall be
proportionally distributed among system users and customers receiving the benefits as follows:
A. Monthly user fees for the Collier County Water-Sewer District.
Residential and non-residential properties within the boundaries of the Collier County
Water-Sewer District shall pay the following rates, fees and charges for service provided
by the Collier County Water-Sewer Districts:
I. Water
(a) Service Availability Charge:
(i) Individually Metered Residential, Non-Residential and Irrigation:
5/8 and 3/4 in. ~ meter $ 12.00 per month
I inch meter $ 24.00 per month
I ¼ inch meter $ 36.00 per month
I ¼ inch meter $ 44.00 per month
2 inch meter $ 69.00 per month
3, inch meter $134.00 per month
4 inch meter $207.00 per month
6 inch meter $411.00 per month
8 inch meter $737.00 per month
(ii) Multi-family Residential Property (master metered)
First dwelling unit $12.00 per month
Each additional dwelling unit $ 8.20 per month
(b) Volume Charge Per I,OO0 Gallons:
(i) Residential and Multi-family (no separate meter for irrigation):
I - I0,000 gallons $1.45
10,000 - 20,000 gallons $1.82
Above 20,000 gallons $2.28
(ii) Non-residential (no separate meter for irrigation):
First block $ 1.45
In excess of first block $2.05
Non-residential First Block Usage Threshold:
5/8 and 3/4 inch meter 10,000 gallons
1 inch meter 25,000 gallons
1% inch meter 40,000 gallons
I ~ inch meter 50,000 gallons
2 inch meter 80,000 gallons
3 inch meter 160,000 gallons
4 inch meter 250,000 gallons
6 inch meter 500,0OO gallons
8 inch meter 900,000 gallons
(iii) Residential or Non-residential Irrigation (separately metered):
All usage $2.05
I1
2. Sewer
(a) Service Availability Charge:
(i) Individually Metered Residential and Non-Residential Property:
5/8 and 3/4 inch meter $ 17.00 per month
I inch meter $ 35.00 per month
i '/, inch meter $ 53.00 per month
I '/2 inch meter $ 65.00 per month
2 inch meter $ 101.00 per month
3 inch meter $ 197.00 per month
4 inch meter $ 305.00 per month
6 inch meter $ 606.00 per month
8 inch meter $1,087.00 per month
(ii) Multi-family (master metered)
First dwelling unit $ 17.00 per month
Each additional dwelling unit $ 12.00 per month
(b) Volume Charge:
(i) Per 1,000 gallons $ 1.96
(ii) Residential Maximum: The maximum volumetric charge for
residentia, property shall be 10,000 gallon per dwelling unit.
3. Dedicated Fire Systems
(a) Fire Meter
(i) Fire Service meter size will refer to the largest diameter meter
installed for fire protection.
(ii) Fire Service meter connections that provide domestic or other water
usage as evidenced by regular monthly detected usage shall be billed
according to regular water monthly availability and usage charges as
described herein.
(b) Volume Charge:
(i) Per 1,000 gallons $ 1.45
B. Monthly user fees for the Marco Water and Sewer District.
Residential and non-residential properties within the boundaries of the Marco Water and
Sewer District shall pay rates, fees and charges for service provided by the Marco Water
and Sewer District. The rates of the Marco Water and Sewer District are as follows:
I. Sewer
(a) Residential
(i) Single family residences, multi-family residences,
apartment residences, mobile home residences,
Each one bath living unit $20.80
Each additional hath per living unit $ 4.60
(b) Non-Residential. Each facility shall be billed based
upon the total of the following units contained therein.
(i) Hotel, motel and trailer rental units:
Each unit $10.15
12
(it) Commercial, office, institutional, recreational
and industrial toilet units (not to include
industrial waste). (Institutional shall include
but not be limited to churches, Property
owners, association facilities, government
service facilities, fire stations and schools);
Each toilet unit $36.95
(iii) Commercial and coin laundry washer units;
Each washer unit $18.50
(iv) Restaurant and lounge seating units;
Each seating unit $ 3.20
Wastewater Adjustment Clause:
[ New FWSC Volume Rate ($/Mgal)- Old Volume Rate ] x 3.6 --= $Adj.
Residential w/Single Bath 1.0000 x $Adj. = Amt. to add to existing rate.
Residential - Additional Bath 0.2222 x $Adj. = Amt. to add to existing rate.
Hotel/Motel per unit 0.4889 x $Adj. = Amt. to add to existing rate.
Commercial 1.7778 x $Adj. = Amt. to add to existing rate.
Coin Laundry per unit 0.8889 x $Adj. = Amt. to add to existing rate.
Restaurant per seat O. 1556 x $Adj. = Amt. to add to existing rate.
Note: From time to time Florida Water Services Corporation (FWSC) is authorized to increase
sewer rates by the Collier County Water and Sewer Authority. This PWAC is designed to
automatically "pass-through" this increase, dollar-for-dollar. The new rates for Marco Water and
Sewer District should become effective the same month that FWSC increases the price of
wholesale sewer to Marco Water and Sewer District.
C. Monthly user fees for the Goodland Water District.
I.The rates for service to residenti~.l and non-residential properties shall be set forth
herein. Said rates are hereby found to be fair and equitable and may be changed
by ordinance amending the rate schedule. Rates charged to customers within the
Goodland Water District shall be as follows:
(a) Water Service Availability Charge:
(i) Individually Metered Residential, Non-Residential and Irrigation:
Meter Size Monthly Charges
'/," $ 16.00
1" $ 37.00
1 V;' $ 72.00
2" $ 114.00
3" $ 226.00
4" $ 351.00
6" $ 701.00
8" $1,259.00
(b) Volume Charge per 1,000 Gallons:
All Usage $3.92 / Mgal
13
Purchased Water Adjustment Clause (PWAC):
[ New FWSC Volume Charge - Old FWSC Volume Charge ]
= Adder
0.78
Existing Goodland $/Mgal + Adder = New Goodland $/Mgal
factor is needed to adjust for unaccountcd for water and the change in the
monthly fixed charged from FWSC.
Note: From time to time Florida Water Services Corporation (FWSC) is authorized to increase
water rates by the Collier County Water and Sewer Authority. This PWAC is designed to
automatically "pass-through" this increase, dollar-for-dollar. The new rates for Goodland Water
District should become effective the same month that FWSC increases the price of wholesale
water to Goodland Water District.
3.3. District Rates, Fees and Charges other than Monthly User Fees.
A. Meter installation charges to be paid to the District shall be as follows:
1. Meter Size Meter Tapping Charge
3/4" $260.00
1" $350.00
] W' $500.00
2" $600.00
The fees in this subsection are based upon meter installation for a typical single
family r~sidential street. In all other circumstances, the meter installation fee shall
be based upon the District's actual cost for time and materials.
2. For meters larger than two (2) inches, the materials and labor for installation of
such meters shall be furnished by the developer in accordance with District
requirements and specifications and dedicated to the District in accordance with
County ordinances, at no cost to the District.
3. All meters two inches (2") or smaller will be installed by the District and shall
remain the property of the District.
4.Meters musl be left accessible to District employees at all times.
5. When any property owner, who has a water meter, makes application to the
District for the installation of a larger meter to replace a smaller meter, the
property owner shall be given no credit for tapping charges paid on the smaller
meter in accordance with the above schedule. There shall be no refunds or credits
given to any property owner requesting a smaller meter.
B. Temporary Meters.
I. Temporary meters may be installed and removed by the District. The fee for such
installation and removal shall be based upon the Dist~ct's actual costs for lime
and materials.
2. The temporary meter charge for service shall be based upon the non-residential
monthly availability and volume charges.
14
C. The following list ofcharges is established for user services:
New Accounts $ 20.00
Me|er Removal or Lock $ 50.00
Turn On After Hours $ 50.00
Meter Removal or Lock After Hours $ 100.00
Meter Initial Re-Read $ 20.00
Meter Test/2nd Re-Read $ 35.00
Non-Emergency Shut Offs $ 50.00
Account Reinstatement $ 30.00 (plus full payment
(less than or equal to 15 days) and delinquency fees)
Account Reinstatement $ 50.00 (plus full payment
(greater than 15 days) and delinquency fees)
D. Effluent irrigation usage in each District shall be at the following schedule:
(a) Service Availability Charge:
(i) Individually Metered Irrigation:
5/8 and 3,/, inch meter $ 4.35
I inch meter $ 10.90
1'/2 inch meter $ 21.75
2 inch meter $ 43.50
3 inch, .'~eter $ 87.00
4 inch meter $174.00
(b) Volume Charge Per 1,000 Gallons:
Full Service Reuse $ 0.13
Master Metered Bulk Service Reuse $ O. 13
Except in cases where a written agreement between the District and the property owner
establishes a minimum gallonage monthly effluent rate that cannot be changed unilaterally by the
District, all golf course and other bulk sales of effluent shall be sold and billed in accordance
with this section.
E. Late payments for monthly user fees are subject to a charge of 5% on the unpaid
balance after the due date on the bill.
F. The rates, fees and charges as established in this Section Three shall be reviewed on
an annual basis to ensure adequate revenues for District system operation, maintenDncc, renewal,
replacement, enhancement and debt service costs.
3.--4. District Regulation.
A. Application For Service.
1. To obtain service, application must be made at the office of the District.
Applications are accepted by the District with the understanding that there is no
obligation on the pan of the District to render service other than that which is then
available from its existing facilities. The District reserves the right to refuse
service from its transmission mains.
2. Utility Service is furnished only upon signed application ofthe property owner,
accepted by the District, and the conditions of such application or agreement are
15
binding upon the property owner as well as the District. A copy of each
application or agreement for utility service accepted by the District will be
furnished to the property owner.
3. The applicant shall furnish to the District the correct name. street address and
legal description at which service is to be rendered at the time of the application
for service. All system development charges, impact fees, connection and
installation fees, and any other fees, rates and charges established by the District
i~ shall be paid in full at the time of application for service.
4. Application for service requested by rims, partnerships, associations,
corporations and others, shall be tendered only by duly authorized individuals.
When service is rendered under agreement or agreements entered into between the
District and an agent of the property owner, the use of such service by the
property owner shall constitute full and complete ratification by the property
owner of the agreement or agreements entered into between agent and the District
under which such service is rendered. A tenant of property shall not be construed
to be an agent.
5. Where the District's water or sewer main is accessible to render service, as
determined in Section 3.4, paragraph K, no Collier County Building Permit may
be issued until such time as proper application shall have been made for service
and all fees necessary for the rendering of such service shall have been paid to the
District.
6. The District may withhold or discontinue service rendered under application made
by any proper~y owner, or the property owner's agent, unless all prior
indebtedness to the District of such property owner for utility service has been
settled in full. Service may be withheld or discontinued for non-payment of bills
and/or non-compliance with rules and regulations in connection with the same or
any different class of service furnished to the same property owner at the same
premises, or for non-payment of any account for service to the property.
Exception: if service was provided under an account in the name of a non-owner
of the property, further service under a new account can be withheld or
discontinued only if the prior nonowner account holder received direct benefit
from the rendering of that service at the service location.
B. Limitation Of Use, Continuity of Service.
1. Unless authorized by the District, water and/or sewer service purchased from the
District shall be used by the consumer only for the purposes specified in the
application for service, and the property owner shall not sell or otherwise dispose
of such service supplied by the District. Unless authorized by the District, service
furnished to the property owner shall be rendered directly to the property owner
through the Distfict's connection, and under no circumstances shall the property
owner or property owner's agent or any other individual, association or
16
corporation install equipment for the purpose of disposing of said service. In no
case shall a property owner, except with the written consent from the District,
extend their installation across a street, alley, lane, court, property line, avenue, or
any other way, in order to furnish service for adjacenl property, even though such
adjacent properly is owned by them. In the event there is an unauthorized
extension, sale or disposition of service, the property owner's service will be
subject to discontinuance until such unauthorized extension, sale or disposition is
discontinued and full payment is made of bills for service, calculated on proper
classification and rate schedules and reimbursements in full arc made to the
District for all extra expenses incurred for clerical work, testing and inspections.
2. The District will at all times use reasonable diligence to provide continuous
service, and having used reasonable diligence shall not bc liable to the properly
owner or occupants for failure or interruption of continuous water service. The
District shall not be liable for any act or omission caused dircct[y or indirectly by
strikes, labor troubles, accident, litigation, breakdowns, shutdowns for emergency
repairs, or adjustment, .cts of sabotage, enemies of the United States, wars, state,
municipal or other govcrnmcntal interference, acts of God or other causes beyond
its control.
3. Property Owners shall maintain that portion of the water lines on their property
located beyond the District service connection, and all loss of water through
breaks or leakage to the premises will be paid by the property owner. The
property owner shall maintain that portion of the sewer line located on their
property.
4. A landlord who is a customer of the District and who provides water and/or sewer
service to rental units through a single master water racier shall, under any of the
following three circumstances, be exempt from the prohibitions contained in
Section 3.4, paragraph B. I. against the sale or disposition of District water and/or
sewer service:
(a) A landlord may apportion the monthly charge for District water and/or
sewer service through the master meter equally among al] rental units
provided that the total monthly cha.rgc to all rental units shall not exceed
the landlord's actual cost for District water and/or sewer service; or
(b) A landlord may install submeters for each rental unit to track each unirs
usage of water service and then charge each unit according to its exact
usage. A landlord who installs submeters shall comply with the
requirements of Section 3.4, paragraph E below and shall not recover more
than his actual cost for District water and/or sewer service through the
master meter and shall not pass on to his tenants any of the capital or
administrative cost incurred in the installation and monitoring of the
17
submeters or the billing of tenants for their water and/or sewer service
usage; or,
(c) A landlord may also provide water and/or sewer service to rental units
through a single master water meter for no specific compensation provided
that in no event shall any landlord recover more than his actual cost for
District water and/or sewer service from his tenants.
5. For any rental units which are under lease agreement as of the effective date of
O this Ordinance, a landlord choosing to install submeters as provided in Section
3.4, paragraph B.4Co), above. shall not begin monitoring a rental unit's water
usage for the purposes of charging a unit according to its actual water usage until
the expiration of the then existing term under such lease agreement. Upon
renewing an expired lease, or upon entering any new lease agreement with a
tenant subsequent to the effective date of this Ordinance, a landlord choosing to
submeter shall fully disclose to the tenant the landlord's ability to separately
charge each rental unit according to its exact waler usage. Such disclosure shall
be in both of the folio ,,ving forms: (I) oral representations by the landlord to the
tenanl at the time of negotiating the lease and before either party has signed the
lease agreement, and (2) by conspicuously printed disclosure provision in the
lease agreement specifically referencing the landlord's ability to submeter
pursuant to the terms of this Ordinance and initialed by the tenant.
6. Upon a tenant's written request, any landlord who exercises his privilege to
recover his actual cost for county water and/or sewer service shall provide to the
tenant documentation of the landlord's actual cost for District water and/or sewer
service as well as documentation and a written explanation of the basis for any
costs charged to the tenant for water and/or sewer service. Such documentation
and written explanation shall be provided within five (5) business days from
receipt of the written request.
7. Furthermore. upon dispute of a water bill by a tenant in person, in writing. by
telephone, or in any other manner, a landlord shall, within five (5) business days
of receiving notice of the tenant's dispute. pursue all of the following remedies in
an effort to resolve the dispute:
(a) Reread the master meter and/or any submeter to verify the accuracy of the
meter reading process and the working condition of the meter(s);
(b) If the working condition or accuracy of the master meter or any submeter
is in question after being reread, the landlord shall have the meter tested;
O (c) If after being tested the master meter or any submeter is found to be
inaccurate or otherwise defective, the District or the landlord, as the case
may be, shall immediately repair or replace the meter;
18
(d) Provide documentation of current and past billing practices with respect to
the applicable rental unit for the period of the requesting tcnant's
occupancy;
(e) Arrange a meeting with the tenant and the property manager or some other
representative of the landlord to discuss the billing process; AND
(f) Any tenant whose request is unsatisfactorily addressed or who has
exhausted the above options without redress may bring suit in a court of
competent jurisdiction to obtain relief under Chapter 83, Florida Statutes,
the Landlord Tenant Act.
8. All submeters must achieve no less than the accuracy standards as currently met
by the District for its own water meters. In addition, any landlord installing
submeters shall provide, where applicable, the following services, at the landlord's
expense, which either meet or exceed the level of service currently provided by
the District with respect to its water meters:
(a) The landlord shall promptly, upon receiving notice, repair all submeter
leaks;
(b) The landlord shall promptly. upon receiving notice, replace any failed
service lines or associated components;
(c) The landlord shall promptly, upon receiving notice, replace damaged or
deteriorated submeter boxes or lids. and shall, where applicable, lower or
raise a submeter box to grade as necessary;
(d) The landlord shall, upon receiving a water quality complaint, check
applicable connections and flush applicable service lines;
(e) The landlord shall, upon receiving a low pressure complaint, check and
test the system to ensure proper operation;
(f) The landlord shall locate all submeters and service lines upon reasonable
request by a tenant;
(g)The landlord shall turn off applicable submeters in emergency situations;
(h) The landlord shall read all submeters no less frequently than once a
month;
(i) The landlord shall replace all submeters that become stuck or difficult to
read; and
(j) The landlord shall notify the tenant of a potential leak upon reading a
submeter that reflects an unusually high usage.
9. The provision of water service through a single master meter by a landlord as
described in this subsection is deemed not to constitute the sale or disposition of
water service. The provision of sewer service as described in this subsection is
deemed not to constitute the sale or disposition of sewer service.
10. Any condominium association that is a customer ofthe District and provides
water and/or sewer service to condominium units through a single master meter
19
may allocate the cost For such water service among its members either by equal
apportionment, installation of submeters, or otherwise provided that such
allocation of cost is restricted to recovery of the condominium association's actual
cost for District water and/or sewer service and directly related administrative or
capital expenses incurred in recovering that cost. Upon member's wriuen request,
any condominium association that exercises its privilege under this exemption
fi'om the prohibitions in Section 3.4, paragTaph B.I. to recover its actual cost for
District water and/or sewer service and directly related administrative and capital
expenses incurred in recovering that cost shall provide to the member
documentation for the condominium association's actual cost for District water
and/or sewer service as well as documentation and a written explanation of the
basis for any costs charged to the member for water service. Such documentation
and wrinen explanation shall be provided within five (5) business days from
receipt of the written request. The provision of water service through a single
master water meter by a condominium association as described in this subsection
is deemed not to constitute the sale or disposition of water service. The provision
of sewer service as described in this subsection is deemed not Io constitute the
sale or disposition of sewer service.
I I. Any landlord or condominium association that elects to install submeters shall not
charge a security deposit.
C. Property Owner's Liability For Damage to Equipment.
The propen'y owner is liable to the District for any damage done to the District's
equipment used in providing service to the property owner, except damage done by
District employees.
D. Security Deposits on Water Account.
Security deposits are no longer required on District customer accounts for water service.
All existing security deposits on customer accounts shall be credited, pro-rata, to each
customer account.
E. Security Deposits on Sewer Accounts.
Security deposits are no longer required on District customer accounts for sewer service.
All existing security deposits on sewer service shall be credited, pro-rata, to each
customer account.
F. Property Owner's Responsibility for Water Service; Bad Debts.
1. The property owner is responsible for all water and/or sewer service provided to
the property. In the event service is discontinued for non-payment, service will be
restored only after properly owner has fully complied with provisions of Section
3.4, paragraph G.2 and G.3, of this Ordinance.
2. Bad debts will be taken off the books and the property owner's name and the
amount due will be filed in a bad debt file. In the event water and/or sewer
2O
service is requested to the properly owner in the future, this back debt must be
paid before water and/or sewer service will be furnished.
G. Dates Bills Due and Delinquent; Discontinuance of Service for Non-Payment;
Reinstatement Following Discontinued Service.
1. Bills for service are due by the date set forth on the bill from the District and are
delinquent thereafter. Service will be cut off when delinquent for non-payment of
bills.
2. When service has been discontinued for nonpayment of current bills, service will
be renewed upon payment of all unpaid bills, plus a thirty dollar (S30.00) service
fee for reinstatement, provided however, the seulement in full is made on or
before fifteen (I 5) days from the date of~he discontinuance of such service.
3. ifservice is discontinued for more than fifteen (I 5) days by the property owner's
request, or for any olher reason, the street cock will be turned off and the meter
removed ~'om premises. Should the property owner request renewal of service for
the premises, service will be restored upon full payment of: I) all past due bills
plus delinquency fees, .nd (2) a reinstallation charge of fifty dollars ($50.00).
4. Billing for water service shall begin upon registration of water on meter, or ninety
(90) days from date of application for service, whichever occurs first. Billing for
sewer service shall commence upon the issuance of a certificate of occupancy or
ninety (90) days following the issuance of a notice to connect to the sewer system,
whichever occurs first.
5. The property owner shall immediately notify the District ofany additional
dwelling units connected to the District's service lines if the dwelling units have
not been included in previous applications. For violation of this Section, the
District's service may be discontinued.
6. The property owner shall reimburse the District for its expenses to change a
location or a meter, when the property owner requests a change in location. The
District's expenses include labor, mateddais plus an administration fee equal to ten
percent (10%) of the District's expenses.
H. Billing Payment When Meter Becomes Defective; Right Of Entry Of Authorized
Agents Or Employees.
1. Should the meter on any premises become defective, so that the amount delivered
for the current month cannot be ascertained, the property owner shall pay for that
month an amount equal to the average amount charged for the four (4) preceding
months unless the actual mount of water can be determined.
2. Duly authorized agents and employees of the District shall, during daylight hours
or if called out af~er dark for emergency service, have access to any property for
the purpose of examining the condition of fixtures, service pipe installation and
such other purposes as may be proper to protect the interest of the District,
21
reading or repairing the water meters located thereon, or turning the supply of
such water to the premises off or on.
I. Water Bill Complaints.
No high water bill complaints shall be accepted for inspection by the District unless all
plumbing fixtures, piping and outlets have been examined by a licensed plumber who has
certified that there arc no leaks. If an investigation is made by the District and the
findings reveal the initial meter reading was accurate and the meter is functioning
properly, a re-read charge of twenty dollars (S20.00) will be assessed against the properly
owner. After the first request, the property owner shall be charged at thirty-five dolla.-~
($35.00) per test for any re-reads or meter tests which show the meter is functioning
properly.
J. Meters, Location And Charge For Moving.
Meters shall be placed when possible just within the property line at the property comer
at the nearest point to the tap-in main. Ira meter is moved at the request of the property
owner, the property owner shall pay a fee equal to the District's cost plus ten percent to
relocate the meter.
K. Connections With Water And Sewer Required.
The owner of each lot or parcel of land within the District upon which lot or parcel of
land any improvement is now situated or shall hereafter be situated, shall, if the District
operates and maintains distribution and/or collection facilities along the frontage of their
property, connect or cause such improvement to be connected with the water and/or
sewer facilities of the District. The usage of such facilities shall, at a minimum, be used
for all indoor usage and shall be connected within ninety (90) days following notification
to do so by the District. Connection to the reuse system shall only be required if the
development order and/or property purchase agreements require such connection. All
such connections shall be made in accordance with rules and regulations which may be
adopted from time to time by the District, which rules and regulations shall provide for a
charge for making any such connection in such reasonable mount as the governing board
of the District may fix and determine. No connection or connections shall be required
where the water or sewer system or line is more than two hundred (200) feet from such
property line.
L. Exceptions To Connections.
This Ordinance shall not be construed to requir~ or entitle any person to cross the private
property of another in order to connect to the District's water and/or sewer service.
M. Connections May Be Made By District.
If any property owner of any lot or parcel of land within the District shall fail or refuse to
connect to and use the water and/or sewer facilities of the District after notification, as
provided herein, then the District shall be authorized to make such connections, entering
on or upon any such property for the purpose of making such connection. The District
22
shall thereupon be entitled to recover the cost of making such connection, togcthcr with
reasonablc penalties and intercst and attomcy's fees, by suit in any court of competent
jurisdiction. [n addition and as an alternative means of collectin8 such costs of'making
such connections, the District shall have a lien on such property For such cost; which lien
shall be equal dignity with the lien of State and County taxes. Such lien may be
foreclosed by the County in the same manner provided by the laws oF FIorida for the
Foreclosure of mortBaBes upon real estate.
N. Uniawful Connection Prohibited.
No person shall be allowed to connect into any water or sewer line owned by the District
without written consent of the District. The connection with such line shall be made
only under the direction and supervision of the District. Any property owner or plumber
who shall make any connection without such consent of the County shall, upon
conviction be subject to the penalties hcrcinaficr provided.
O. Failure To Maintain PlumbinB System.
The property owner shall be responsible for maintaining and keeping free from
obstruction the water and seu '- pipes leading to and connecting from the plumbing
system to the District's water and sewers mains, and failure to keep the water and sewer
pipes, frcc from obstructions and maintained in a proper manner shall be subject to the
penalties hcrcina~er provided.
P. Unpaid Fees To Constitute A Lien.
in the event that the fees, rates or charges For the services and facilities of a~y water or
sewer system shall not be paid as and when duc, any unpaid balance thcreof and all
interest aceruinB thereon shall be an automatic lien on any parcel or property affected
thereby. Such liens shall be superior and paramount to the interest on such parcel or
property of any owner, lessee, tenant, mortgagee or other person except the lien of county
taxes and shall be on a parity with the lien of any such county taxes. In the event that any
such fees, rates or charges shall not be paid as and when due and shall be in default for
thimly days or more the unpaid balance thereof and all interest accrued thereon, together
with atlorneys Fees and costs, may be recovered by the District in a civil action, and any
such lien and accrued interest may be Foreclosed or otherwise enforced by the District by
action or suit in equity as For thc Foreclosure of a mortgage on rca] propert',/.
Q. No Free Service.
No water or sewage disposal service shall be furnished or rendered free of charge to any
person, firm or corporation whatsoever, and the County and each aTnd every agency,
department, or instrumentality which uses such service shall pay therefore at the rates
fixed by this Ordinance.
R. Separate Connections For Each Separate Unit.
Unless authorized by the District, each dwelling unit whether occupying one or more lots
and whether it shall occupy any lot or paxcel jointly with any other dwelling unit shall be
23
considered a separate unit for the payment of the water and sewage disposal rates and
charges, and separate connections will be required lot each or'such dwelling units.
SECTION FOUR. Lawn Sprinkline Reeulations.
4.__[I. Pm'pose.
From time to time, operational conditions may limit the ability of the Collier County
Water-Sewer District (hereina~er referred in this section Four as "District") or any other
authorized water purveyor providing water service in Collier County, Florida, to supply potable
water. A deficiency in normal rainfall causes increased demands in the District or operating area
of an authorized water purveyor which may exceed District's or the authorized water purvcyor's
water system facilities designated capacity. These operational conditions or increased demands
may cause water pressures lower than required by the Department of Environmental Protection,
or any successor regulatory agency, regulations or pressures lower than necessary to properly
operate the water system of the Districts or the authorized water purveyor. These reductions in
system pressure may pose a threat to the health, safety, and welfare of the citizens of Collier
County. The potential [~u'eats may occur in relatively short time periods, requiring irnxncdiatc
action to protect the public health anu prevent damage to the District's and authorized water
purveyors water facilities. Accordingly, there is a need to establish lawn sprirdding restrictions
to protect the public health, safety and welfare,
4,__2. Regulations.
A. The following regulations arc hereby established governing the use of potable water
for lawn sprinkling fi'om the District's or any other authorized water purvcyor's water system in
Collier County during emergency conditions within the unincorporatcd areas of Collier County.
As there are separate areas which are supplied through separate facilities and water sources, these
regulations may be applied to any one, all or any portion of the designated areas, dependent upon
the nature of the emergency.
B. The Board of County Commissioners hereby authorizes the County Adminisl~alor, or
his designee, to implement said regulations whenever the County Administrator has
received notice from District staff or ~c staff of an authorized water purveyor that
because of natu~ral or operational conditions, the District's or authorized water
purveyor's water facilities are inadequate to meet system demands, which may affect
the health, safety or welfare of the citizens of Collier County. The County
Administrator, or his designee, may impose said regulations without approval from
the Board of County Commissioners, if it is determined that time restraints required
for Board approval would cause an undue risk to the residents or water facilities of
the District or the authorized water purveyor. The County Administrator, or his
designee, is required to seek approval from the Board of County Commissioner at the
first available regularly scheduled session, or special session, to maintain enforcement
of said regulations. At the conclusion of the emergency, the County Administrator,
or his designee, shall rescind said regulations, unless otherwise directed by the Board
of County Commissioners.
24
The Regulations are established as follows:
Landscape Materials Landscape Matedab
Less Than 30 Days Old Greater Than 30 Days Old
Phase [
Moderate Shortage Under 5 acres: 2 am - 8 am Mon., Wed., Under .5 acres: 4 am - 8 am Mon., Wed., &
Thurs. & Fri.; .5 acres or over. Sat. for odd house addresses & Toes.,
12:01 am - 8:00 am Mon,. Wed.. Fri. Thurs. & Sun. for even house addresses;
Low vol. hand watering: voluntary. 5 acres or over: same as under ~ acres
New irrigation system clean & adjust except hr. limited to 12:01 am - 8:00 am.
IO rain. per zone, one time only,
Phase ii
Severe Shortage Under 5 acres: 2 am - 8 am Mon., Wed., Under 5 acres: 4 am - 8 am Wed. & Sat.
Thurs. & Fri.; 5 acres or over: for odd house addresses; Thurs. x, Sun. for
12:01 am - 8:00 am Mort., Wed., Thurs. even house addresses & locations with no
Fri. New irrigation system clean &: address; 5 acres or over: same as under 5
adjust I 0 min. per zone. one time only. acres except hours limited to
12:01 am - 8 am.
Phase I!I
Extreme Shortage Under 5 acres: 2 am - 7 am Mort., Wed., Under 5 acres: 4 am - 7 am Sat. for odd
& Fri.; 5 acres or over: 12:01 am - 7 am house addresses; Sun. for even addresses
Mort., Wed. & Fri.; low volume hand & locations with no addresses; 5 acres
wstering: volunta~'y. New irrigation or over: same as under 5 acres excepl hours
system cleaning & adjusting I0 min. limited to 12:01 am - 7 am.
per zone, one tir,,e only,
Phase IV
Critical Shortage Under 5 acres: 6 am - 7 am Sat.; 5 acres Under 5 acres: 6 am Sat, for odd house
or over: 4 am - 7 am Sat.; low volume addresses & Sun for even house addresses
hand watering: Mon., Wed. & Fri. New & locations with no addresses; 5 acres or
irrigation system cleaning & adjusting over: same as under 5 acres except hours
prohibited. limited lo 4 am - 7 a~.
4.:3. Hardship/Variance Procedure.
A. Under extraordinary conditions the Board of County Commissioners may grant a
variance to the regulations adopted in this section. Any request for a variance must be submitted
by the affected District or water purveyor in writing to the County Administrator.
B, A request for a variance submitted by a District or water purveyor may be granted
when the District or water purveyor provides ~ written statement which indicates that a hardship
exists due to operational conditions wherein the District's or water purveyor's system cannot meet
system demands caused by the implementation of the regulations set forth in this Section and
setting forth the variance requested.
C, A request for a variance submitted by a property owner served by a District or water
purveyor may be granted when the property owner provides a written statement which indicates
that the property owner will suffer a substantial hardship due to the implementation of the
regulations set forth in this Section and setting forth the variance requested. Any request for a
variance submitted by a property owner shall first be reviewed and approved by the District or
water purveyor.
D. Any variance granted by the Board of County Commissioners shall be the minimum
necessary to alleviate the hardship created by the implementation of the regulations set forth in
this Section.
E. In an emergency created due to time constraints, the County Administrator may grant
a temporary variance. At the next regularly scheduled Board of County Commissioners meeting,
25
the Board orCounty Commissioners shall consider whether the Icmporary variance shall remain
in clTect.
F. Any variance granted under this Section shall terminate upon Ihe hardship no longer
existing.
4.,1. Exceptions.
A. Developments within Collier County utilizing one hundred percent re-use water For
irrigation purposes arc exempt from the rcsu'iclions of this Section.
ECTiON FIVE. Ci of Na les Service Area.
~.~.
No extension of existing distribution water mains of the water system of the City of
Naples may be made within the Collier County Water-Sewer District, Marr. o Water ~nd Sewer
District or the Goodland Water District (collectively referred to in this Section Five as "District")
without the prior, unitten consent and approval of the governing board of the District, except that
this Ordinance shall not apply to the lands described in Section 5.4.
All applications for said distribution water main extensions shall be made in writing to
District st. aft who shall present said requests to the governing board of the District within thirty
(30) days of receipt thereof.
The governing b~ard of the District may aruch reasonable conditions to the issuance of
permits for distribution water main extensions which conditions may include, but not be limited
to, provisions for payment of system development charges or impact fees which are, or may be
enacted by Collier County.
5.4. The City of Naples Water Service A.rea Boundaries are as follows:
Beginning at the intersection of the easterly shoreline of the Gulf of Mexico with the
southerly City limit line of the City of Naples; thence easterly along said southerly City
limit line to the southeast comer of Section 27, Township 50 south, Range 25 east;
thence northerly along the easterly City limit line to the northeast corner of said Section
27; thence westerly along the north line of Section 26, Township 50 south, Range 25 eas~
to the northeast comer of said Section 26: thence northerly along the east line of Section
23, Township 50 south, Range 25 east to its intersection with the southerly right-of way
line of Thomasson Drive; thence easterly along said southerly fight-of-way line of
Thomasson Drive to its intersection with the range line lying between Range 25 east and
Range 26 east; thence northerly along said range line lying between Range 25 east and
Range 26 east to the northeast corner of Section 13, Township 49 south, Range 25 east;
thence westerly along the north line of Sections 13, 14, ! 5, ! 6 and 17, Township 49
south, Range 25 east to the intersection of the north line of said Section 17 with the
easterly shoreline of the Gulf of Mexico; thence southerly along the meanders of the
easterly shoreline of the Gulf of Mexico to the point of beginning.
I IX w r se e rictio
6.1.
A. This Section Six sets forth uniform requirements for dirccl and indirccl contributors
into the wastewater collection and treatment system of the Collier County Walcr-Sewcr
District (hcrcina~er referred in this Section Six as "Disu'ict") and enables the District to
26
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).
B. The objectives of this Section Six are:
I. To prevent the introduction of pollutants into the District wastewater system
which will interfere with the operation of the system or contaminate Ihe resulting
sludge;
2. To prevent the introduction of pol lutants into the District wastewater system
which will pass through the system, inadequately treated, into receiving waters or
the atmosphere or otherwise be incompatible with the system;
3. To improve the opportunity to recycle and reclaim wastewaters and sludges from
the system; and
4. To provide for equitable distribution of the cost of the District wastewater
system.
C. This Section Six provides for the regulation of direct and indirect contributors to the
District wastewater system through the issuance of permits to certain non-domestic users and
through enforcement activities, requ,.es user reporting, assures that existing customers' 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.
D. This SecttoO Six shall apply to the District and to persons outside the District who
are, by contract or agreement with the District, users of the County Publicly Owned Treatment
Works (POTW). Except as otherwise provided herein, the Public Works Administrator or his
designee shall administer, implement and enforce the provisions of this Section Six.
6._.~2. Definitions.
Unless the context specifically indicates otherwise, the meaning of terms used in this
Ordinance shall be as follows:
A. "Administrator" shall mean the administrator of the U.S. Environmental Protection
Agency or his duly authorized representative.
B. "Authorized Representative" shall be a principal executive office of at least the level
of vice president if the industrial user is a corporation; a general partner or proprietor if
the industrial user is a partnership or sole proprietorship; or an individual if such
representative is responsible for the overall operation of the facility.
C, "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 20°C, expressed in milligrams per liter.
D. "Building Drain" shall mean that part of the lowest horizontal piping of a drainage
system which receives the discharge from soil, waste and other drainage pipes inside the
walls of a building and conveys it to the building sewer, beginning five (5) feet (1.5
meters) outside the inner face of the building wall.
E. "Building Sewer" shall mean the extension from the building drain to the public sewer
or other place of disposal.
2'7
F. "Chemical Oxygen Demand (COD)" shall mean a measure of oxygen equivalent of
that portion of the organic matter in a sample that is susceptible to oxidation by a strong
chemical oxidant.
G. "County" shall mean Collier County, the Board of County Commissioners of Collier
County, Florida, or the duly authorized staff, agent or the representative acting on behalf
of the Board of County Commissioners to supervise and manage the operation of the
publicly owned water and wastewater facilities.
H. "Cooling Water" shall mean the water discharged from a building subsequent to its
use for purposes connected with air conditioning, cooling, refrigeration, or for other
purposes to which the only polhtant added is heat.
I. "Direct Discharge" shall mean the discharge of treated or untreatcd wastewater directly
to the surface waters of the State of Florida.
J. "Domestic Wastewater" shall mean a combination of water-carried wastes which shall
nol exceed the following concentrations: 250mg/I BOD, 250/1 TSS, 30 rag/1 TKN and
15 mg/I Phosphorous.
K. "Easement" shall mean :quired legal right for the specific use of land by others.
L. "Environmental Protection Agency (EPA)" shall mean the United States
Environmental Protection Agency, or where appropriate the term may also be used as a
designation for,the Administrator or other duly authorized official of said agency.
M. "Garbage" shall mean solid wastes from the domestic and commercial preparation,
cooking and dispensing of food, and from the handling, storage and sale of produce.
N. "Indirect discharge" shall mean the discharge or introduction of non-domestic
pollutams from any source into the municipal wastewater facilities as regulated under
Section 307 (b), (c), or (d) of the Clean Water Act, as amended from time to time.
O. "Industrial User" shall be a source of Indirect Discharge as regulated under Section
307 (b), (c), or (d) of the Clean Water Act, as amended from time to time.
P. "Industrial Waste Surcharge" shall mean the monetary charge made in excess of the
sewer service charge for all wastewater over and above normal wastewater.
Q. "Industrial Wastes" shall mean the liquid wastes discharged from industrial
manufacturing processes, trades, or businesses and having characteristics exceeding
domestic wastewaters.
R. "InfiltrationAn~ow" shall mean ground water and surface water which leaks into the
sewers through cracked pipes, joints, martholes or other openings.
S. "Interference" shall mean the inhibition or disruption of the Publicly Owned
Treatment Works (POTW) processes or its operation which contributes to a violation of
any requirement of the County's state issued operating permit.
T. "May" is a word that when utilized in this Ordinance has a permissive meaning.
U. "National Categorical Pretreatment Standard" or "Pretreatment Standard" shall mean
any regulation containing pollutant discharge limits promulgated by EPA in accordance
with the Clean Water Act, as mended from time to time.
28
V. "Natural Outlet" shall mean any outlet into a watercourse, pond, ditch, lake or other
body of surface water or groundwater.
W. "Normal Wastewater" shall mean wastewater discharged into the sanitary sewers in
which the average concentration of total suspended solids and BOD is not more than 250
mg/l BOD and 250 mg/I TSS, total phosphorous is not more than 15 rag/I, total Kjeldahl
nitrogen is not more than 30 rag/I; and total flow is not more than 25,000 gallons per
day.
X. "Owner" shall mean person desiring or receiving service.
Y. "Person" shall mean any individual, firm, company, government entity, association,
society, corporation, or group.
Z. "pH" shall mean the logarithm (base 10) of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
AA. "Pollution" shall mean the man-made or man-induced alteration of the chemical,
physical, biological or radiological integrity of water.
BB. "Pollutant" shall mean any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, mutations, chemical wastes, biological materials, radioactive
materials, heat, wrecked or discharged equipment, rock, sand, cellar din and industrial,
municipal or agricultural wastes discharged into the surface waters or ground waters of
the State of Florida.
CC. "Pretreatment or Treatment" shall mean the reduction of the amount of pollutants,
the elimination of pollutants, or the alteration of the nature of pollutant properties of a
wastewater to a less harmful degree prior to or in lieu ofdischarging or otherwise
introducing such pollutants into a POTW.
DD. "Pretreatment Requirements" shall mean any substantive or procedural requirement
related to a pretreatment other than a National Categorical Pretreatment Standard
imposed on a non-domestic wastewater discharger.
EE. "Private Sewage Disposal System" shall mean any individual on-site sewage
treatment and disposal system such as septic tanks, cesspools and similar facilities but not
including package sewage treatment plants.
FF. "Properly Shredded Garbage" shall mean the wastes from the preparation, cooking
and dispensing of food that have been shredded to such degree that all articles will be
carried freely under the flow conditions normally prevailing in public sewers, with no
particle greater than one-half(H) inch (I .27 centimeters) in any dimension.
GG. "Publicly Owned Treatment Works (POTW)" shall mean a treatment works which is
owned by the District. This definition includes sewers that convey wastewater to the
treatment works, but does not include pipes, sewers or other conveyances not connected
to a facility providing treatment.
HH. "Public Sewer" shall mean a sewer in which all owners of abutting properties have
equal rights, and is controlled by a public authority.
29
II. "Sanitary Sewer" shall mean a sewer which carries sewage and to which storm, surface
waters and ground waters arc not intentionally admitted.
JJ. "Sewage" shall mean a combination or the walcr-carricd waslcs from residences.
business buildings, institutions and industrial establishmcnls, together with such ground
waters and surface and storm waters as may be present.
KK. "Sewage Treatment Plant" shall mean all facilities t'or treatment and disposal of
sewage.
LL. "Sewage Works" shall mean all facilities for collecting. pumping, treatment. and
disposal of sewage.
MM. "Sewer" shall mean a pipe or conduit for carrying sewage.
NN. "Shall" and "Will" are words that when utilized in this Ordinance have a mandatory
meaning.
OO. "Significant Violation" shall be a violation which remains uncorrected for 45 days
after notification of noncompliance: which is pan of a pattern of noncompliance over a
twelve month period: which involves a failure to accurately report noncompliance; or
which results on the POTW exercising its emergency authority to halt or eliminate
immediately a discharge.
PP. "Slug" shall mean any discharge of water, sewage or industrial waste in concentration
of any given cqnstituent or in quantity of flow may cause upset of the POTW operation or
exceeds for any period of duration longer than fifteen (! 5) minutes more than five (5)
times the average twenty-four (24) hour concentration of flows during normal operation.
QQ. "State" shall mean the State of Florida or regulatory agency within the State
government having jurisdiction over a particular topic of concern.
RR. "Standard Industrial Classification (SIC)" shall mean a classiftcation pursuant to the
Standard Industrial Classification Manual issued by the Executive Office of the President,
Office of Management and Budget, in 1972, as mended from time to time.
SS. "Storm Drain" (sometimes 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.
TT. "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 laboratory
filtering.
UU. "Toxic Pollutant' shall mean any pollutant or combination of pollutants listed as
toxin regulations promulgated by the Administrator of the Environmental Protection
Agency under the provisions of the Clean Water Act, as amended from time to time.
VV. "User" shall mean any person who contributes, causes or permits the contribution of
wastewater into the County's POTW.
WW." Public Works Administrator" shall mean the person designated by Collier County
to supervise the operation of the publicly-owned treatment works or his duly authorized
deputy, agent or representative.
30
XX. "Wastcwalcr" shall mean a combination of the water-carried wastes from residences,
business buildings, institution, and industrial establishments, together with such ground,
surface and stormwaters as may be present.
YY. "Watercourse' shall mean a channel in which a flow of water occurs, either
continuously or intermittently.
ZZ, "District" shall mean the Collier County Water-Sewer District and Marco Water and
Sewer District.
AAA. Carbonaceous Biological Oxygen Demand CCBOD") shall mean a quantitative
measure of the amount of dissolved oxygen required for the biological oxidation of
carbon-containing compounds in a sample.
6.3. Abbreviations.
A. "ASTM' American Society for Testing and Materials
B. "BOD" Biochemical Oxygen Demand
C. "CBOD' Carbonaceous Biological Oxygen Demand
D. "CFR" Code of Federal Regulations
E. "COD" Chemical Oxygen, Demand
F. "FDEP" Florida Department of Environmental Protection
G. "EPA" U.S. Environmental Protection Agency
H. "mg/l" Milligram per liter
I. "NPDES" National Pollutant Discharge Elimination System
J. "POTW" Publicly Owned Treatment Works
K. "ppm' Parts Per Million
L. "SIC" Standard Industrial Classification
M, "SS" Suspended Solids
N. "TKN" Total Kjeldahl Nitrogen
O. "WEF" Water Environment Federation
6.--4. Supplemental Service Charge
A. Wastewater system users determined by the District to be included in the Pretreatment
program shall pay a monthly Supplemental Service Charge for the additional services required to
monitor the wastes being discharged by such users. This charge shall be separate and distinct
from the industrial sewage strength service charge. This Supplemental Service Charge will be
levied for the following:
I. Monitoring, inspections and surveillance procedures;
2. Collection and analyses ofwastewatcr samples;
3. Collection and evaluation of monitoring data;
4. Equipment servicing by an independent service company;
5. Other requirements deemed necessary to implement the Pretreatment program as
delineated in this Ordinance.
6.~. Rules and Regulations
A. The following Rules and Regulations apply throughout the area encompassing
Collier County and to all wastewater dischargers provided wastewater service by the District.
B. Discharge of Industrial Waste.
I. Any Owner discharging industrial wastes into the wastewater collection system at
the time of passage of this Ordinance shall submit a discharge permit application
in the required form with six (6) monlhs from the date of passage of this
Ordinance. All industrial wastewater dischargers proposing to discharge into the
District's wastewater system shall file with the District on forms furnished by the
District an additional application for discharge permit, showing the volume,
strcngth and characteristics of waste discharged or to be discharged in to the
Public Sewer. If determined necessary by the District, analyses of the
representative wastes shall be made by an approved independent laboratory and
submitted with the application. Following the initial approval, any change in the
use of the premises or change in production or operation thereof which causes an
alteration in the ware' '~se, waste volume, strength or characteristics, shall require
an amended application to be filed and approvcd by the District prior to
implementing the proposed alteration to the premises. All discharge permit and
amcnde,d discharge permit applications will require payment of a fec to be paid at
the time the application is filed. All review costs, in addition to the basic
discharge permit fee, shall be borne by the User and paid prior to issuance of any
discharge permit.
2. It shall be unlawful for any User of the District sewers to discharge industrial
wastes into the public scwers without obtaining a discharge permit from the
District. Applications for such discharge permits shall be made to the District on
forms provided by the District. All information that the District deems necessary
to determine potential impacts Io the Publicly Owned Treatment Works shall be
provided by thc applicant.
3. Discharge permits shall be issued to the applicants by the District upon finding
that the information set forth in the application will conform to the provisions of
this Ordinance, and that the proposed use will be compatible with the capacity,
process, treatment and nutrient load of the District wastewater facilities.
Discharge permits shall be valid for a term ofthree (3) years from the date of
issuance unless surrendered to, or revoked by, the District upon the determination
that an industrial user is exceeding the peak quality and volmne of effluent set
forth in the original application and/or discharge permit conditions. in the event
an Industrial User proposes to make any change in the peak quality and volume of
effluent during the term of the permit, resulting from increases in production
and/or changes in the production profile, beyond the scope of the discharge
permit, such User shall file an amended application for a permit authorizing such
32
change. Such permit shall not be reassigned or transferred to a new Owner, new
User or different premises without the approval of the District. Discharge permiLs
shall be renewed by completing the permit application form and subsequent
review of the application and historical compliance records.
4. Applications must be signed by the Owner of the premises or his duly authorized
agent, and signed by the authorized representative of the District showing
payment to the District and County of the applicable connection charges and
impact fees provided for prior to the initiation of the services.
5. All applicanLs for service. whether or not such service is to be provided Io
property within the District area, expressly agree as a condition of acceptance of
service to abide by the rules and regulations delineated herein.
6. All cost and expenses incident to the installation and connection of the building
sewer shall be borne by the Owner. The Owner shall indemnify the District from
any loss or damage that may directly or indirectly be occasioned by the
installation of the building sewer.
C. Effluent Quality Bond.
1. To further assure compliance with the requirements of this Section Six, all
permitted Industrial Users, upon receipt of the discharge permit, shall deposit with
the District and "Discharge Quality Bond" for the permit years payable to the
County and District and conditioned upon the Industrial User's faithful
compliance with the provisions of this Section Six and all State and Federal
Regulations relating to water pollution control. Said bond shall be further
conditioned upon the industrial User's prompt payment of all charges assessed to
the Industrial User by the District under the provisions of this Section Six
resulting from the Industrial User's failure to comply with the terms hereof, and
to the Industrial User fully indemnifying and protecting the County and District
from any penalties, damages or claims for penalties and damages (including
attorney's fees and cost for defending such claims, including any appeals) arising
or resulting from the Industrial User's failure to comply with any provision of this
Section Six and/or the State and Federal Regulations relating to water pollution
control. The amount of the discharge quality bond shall be set forth by resolution.
The bond shall be approved by the County Attorney as a condition of issuance of
any permit.
D. Use of Public Wastewater System.
!. No user shall discharge or cause to be discharged any stormwater, surface water,
groundwater, roof rim-off, subsurface drainage, uncontaminated cooling water or
unpolluted industrial process waters to any public wastewater collection system.
2. Stormwater and all other unpolluted drainage shall be discharged to such sewers as
are specifically designated as storm sewers, or to a natural outlet approved by the
33
County. Industrial cooling water or unpolluted process waters may be discharged,
on approval by the County, to a storm sewer or natural outlet.
3. Other discharge limitations established to prevent interference with the operation
or performance of the Publicly Owned Treatment Works (POTW) are specified by
the following sections.
E. General Discharge Prohibitions.
I. No User shall contribute or cause to be contributed, directly or indirectly, any
O pollutant or wastewater which will interfere with the operation or performance of
the Publicly Owned Treatment Works (POTW). These general prohibitions apply
to all such Users of a POTW whether or not the User is subject to the National
Categorical Pretreatment Standards or any other Federal, State, or local
Pretreatment Standards or Requirements. A User shall not contribute the
following substances to any POTW:
(a) Any liquids, solids or gases which by reason of their nature or quantity
are, or may be. sufficient either alone or by interaction with other
substances to cause fire or explosion or be injurious in any other way to
the POTW or to the operation of the POTW. At no time shall two
successive readings on an explosion hazard meter at the point of discharge
into the system (or at any point in the system) be more than five percent
(5%), nor any single reading over ten percent (10%) of the Lower
Explosive Limit (LEL) of the meter; Prohibited materials include. but are
not limited to, gasolinc, kerosene, naphtha, benzene, toluene, xylene,
ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates,
bromates, carbides, hydrides, sulfides and any other substances which the
County, District, the State or EPA has notified the user is a fire haTard tO
the system.
(b) Solid or viscous substances which may cause obstruction to the flow in a
sewer or other interference with the operation of the wastewater treatment
facilities such as. but not limited to: grease, garbage with particles greater
than one-half inch (W') in any dimension, animal guts or tissues, paunch
manure, bones, hair, hides or fleshings, entrails, whole blood. feathers,
ashes, cinders, sand, spent lime, tone or marble dust, metal, glass, straw,
shavings, grass clippings, rags, spent grains, spent hops, used birth control
and feminine hygiene products, wastepaper, wood, plastics, gas, tar,
asphalt residues, residues from refining, or processing of fuel or
lubricating oil, mud, or glass grinding or polishing wastes.
(c) Any wastewater having a pH of less than 5.5, or higher than 9.5. or
wastewater having any other corrosive property capable of causing
damage or hazard to structures, equipment. and/or personnel of the
POTW.
34
(d) Any wastewater containing toxic pollutants in sufficient quantity, either
singly or by interaction with other pollutants, to injure or interfere with
any wastewater treatment process, constitute a hazard to humans or
animals, create a toxic effect in the receiving waters of the POTW, or to
exceed the limitations set forth in the National Categorical Pretreatment
Standards. A toxic pollutant shall include, but not be limited to, any
pollutant identified pursuant to Section 307(a) of the Clean Water Act, as
amended from time to time.
(e) Any noxious or malodorous liquids, gases, or solids which either singly or
by interaction with other wastes are sufficient to create a public nuisance
or hazard to life or are sufficient to prevent entry into the sewers for
maintenance and repair.
(f) Any substance which may cause the POTW's effluent or any other product
of the POTW such as residues, sludges, or scums, to be unsuitable for
reclamation and re-use or to interfere with the reclamation process. In no
case shall a substance discharged to the POTW cause the POTW to be in
noncompliance with sludge use or disposal criteria, guidelines or
regulations developed under Section 405 of the Clean Water Act, as
panended from time to time; any criteria, guidelines, or regulations
affecting sludge use or disposal developed pursuam to the Solid Waste
Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or
State criteria applicable to the sludge management method being used.
(g) Any substance which may cause the POTW to vioiate its State operating
permit(s) or the receiving water quality standards.
{'h) Any wastewater with objectionable color not removed in the treatment
process, such as, but not limited to, dye wastes and vegetable tanning
solutions.
(i) Any wastewater having a temperature which will inhibit biological activity
in the POTW resulting in interference, but in no case wastewater with a
temperature at the introduction into the POTW which exceeds 40°C
(104°F).
(.j) Any waste or waste containing fats, wax, grease or oils, 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 four (I04°F) (0° and 400C).
(k) Any pollutants, including oxygen demanding pollutants (BOD, etc.)
released at a flow rate and/or pollutant concentration which a User knows,
or has reason to know, will cause interference in the POTW. In no case
shall a slug load have a flow rate or contain concentration or qualities of
pollutants that exceed for any time period longer than fifteen (15) minutes
35
more than five times the average twenty-four (24) hours concentration,
quantities, or flow during normal operation.
(I) Any wastewater containing any radioactive wastes or isotopes of such
half-life or concentration as may exceed the limits established in
compliance with applicable Stale or Federal Regulations.
(m) Any liquid or vapor having a temperature higher than one hundred fifty
(150) degrees Fahrenheit (sixty-five [65] degrees Celsius).
(n) Any garbage that has not properly been shredded. The installation and
operation of any garbage grinder equipped with a motor of three-fourths
horsepower (0.76 hp metric) or greater shall be subject to the review and
approval of the Public Works Administrator.
(o) Any waters or wastes containing strong acid iron pickling wastes, or
concentrated plating solutions, whether neutralized or not.
(p) Any waters or wastes containing iron, chromium, copper, zinc, and
similar objectionable or toxic substances or wastes exerting an excessive
chlorine reqL.rement. to such degree that any such material received in the
composite sewage at the sewage treatment works exceeds the limits
established by the Public Works Administrator for such materials.
fq) ~ny waters or wastes containing phenols or other taste- or odor-producing
substances, in such concentrations exceeding limits which may be
established by the Public Works Administrator as necessary, after
treatment of the composite sewage, to meet the requirements of the state,
Federal, or other public agencies of jurisdiction for such discharge to the
receiving waters.
(r} Material which exert or cause:
(i) Concentrations of inert suspended solids (such as, but not limited
to, sodium chloride and sodium sulfate) differing from that
typically found in domestic wastewater.
(ii) High BOD, chemical oxygen demand, or chlorine requirements in
such quantities as to constitute a higher loading than normal
wastewater on the sewage treatment workers.
(iii) High volume of flow or concentration ofwastes constituting slugs.
(s) Waters or wastes containing substances which are not amenable to
treatment or reduction by the sewage treatment processes employed, or are
amenable to treatment only to such degree that the sewage treatment plant
I effluent cannot meet the requirements of other agencies having jurisdiction
over discharge to receiving waters.
(t) Any wastewater which causes a hazard to human life or creates public
nuisance.
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2. When the District determines that a User(s) is contributing to the POTW, any of
the above enumerated substances in such amounts which threaten to interfere
with the operation of the POTW or may present an endangerment to the
environment, Ihe District shall have the authority to immediately halt or prevent
any discharge of pollutants to the POTW. The District shall provide the User
notice of this action in accordance with Section 6.7, paragraph E of this
Ordinance.
3. Subsequent to such action, the District shall allow the User 30 days for a
response, which shall include the cause of the discharge and corrective measures
taken. Wastewater service shall not be resumed until such corrective measures as
needed have been undertaken to eliminate threat of interference or endangerment
to the environment.
4. Following this response period, the District, as it determines necessary, shall
begin development of effluent limitation(s) and a compliance schedule for such
user to correct the interference with the POTW.
F. Maximum Concentrations Allowed.
I. All sewage service customers are prohibited to discharge the following above
their indicated concentrations at any time:
(a) Cyanide 0.050 mg/I
(b) Arsenic 0.020 mg,q
(c) Cadmium 0.030 mg/l
(d) Total Chromium 0.010 mg/l
(el Copper 0.300 mg/I
(t) Lead 0.200 mg/I
(g) Mercury 0.002 mg/l
(h) Nickel 0.200 mg/l
(i) Silver O.OaO mg/I
(j) Zinc 0.300 mg/1
(k) Total Phosphorous 10.00 mg/l
(I) Ammonia Nitrogen 25.000 mg/I
(m) Total Nitrogen 40.000 mg/I
The concentrations set forth above shall automatically be amended to comply with state
and federal regulations.
G. Approval of Pretreatment Facilities. !f the District permits the pretreatment or
equaliz~.tion of waste flows, the design and installation of the plants and equipment shall be
subject to the review and approval of the District, and subject to the requirements of all
applicable codes, ordinances, and laws.
H. Maintenance of Pretreatrnent Facilities. Where preliminary treatment or flow
equalizing facilities are provided for any waters or wastes, they shall be maintained continuously
in satisfactory and effective operation by the Owner at Owner' s expense.
37
I. Use of Interceptors (Traps). Grease, oil, and sand interceptors shall bc provided when,
in the opinion of the District, they are necessary for the proper handling of liquid wastes
containing grease in excessive amounts, or any ~ammable wastes, sand, or other harrnfu]
ingredients; except that such interceptors shall not be required for private living quarters or
dwelling or dwelling units. All interceptors shah be or a type and capacity approvcd by the
District; and shah be located as to be readily and easily accessible for planning, cleaning and
inspection. The minimum size of interceptors shall be in conformancc with the County's
Plumbing Code, except that interceptors for restaurants of all types shall be 25 gallons of
capacity per restaurant seat.
J. Use of Control Manhole. When required by the District, 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, when required, shall be
constructed in accordance with plans approved by the District. The manhole shall be installed
by the Owner at his expense, and shall be maintained by Owner so as to be safe and accessible at
all times.
K. Measurements, Tests. All measurements, tests, and analyses of the characteristics of
waters and wastes to which reference is made in this Ordinance shall be determined in
accordance with the la!est edition of "Standard Methods for the Examination of Water and
Wastewater", published by America,~ Public Health Association, and shall be determined at the
control manhole provided, or upon suitable samples taken at said control manhole shall be
carried out by customarily accepted methods to reflect the effect of constituents upon sewage
works and to determine the existence of hazards to life, limb, and property. (The particular
analyses involved will determine whether a twenty-four (24) hour composite of all outfalls of a
premise is appropriate or whether a grab sample or samples shouJd be taken. Normally, but not
always, BOD and suspended solids analyses are obtained from twenty-four (24) hour composites
of all outfalls whereas pHs are determined from periodic grab samples.)
L. Special Arrangements. No statement contained in this Ordinance shall be construed
as preventing any special agreement or arrangement between the District and any industrial
concern whereby an industrial waste of unusual strength or character may be accepted by the
District for treatment, when acceptance by the District will aid in treatment at the sewage
treatment plant, subject to payment of an additional charge for treatment of these wastes by the
industrial concern.
M. Special Arrangements - Determination of Acceptability. In forming the opinion as to
the acceptability of the wastes enumerated in Section 6.5, paragraph E., the District will give
consideration to such factors as the quantities of subject wastes in relation to flows and velocities
in the sewers, materials of construction of the sewers, nature of the sewage treatment plant,
degree of treatability of wastes in the sewage treatment plant, and other pertinent factors.
N. National Categorical Pretreatment Standards. Upon promulgation of the National
Categorical Pretreatment Standards for a particular industrial subcategory, the Federal Standard,
38
if more stringent than limitations imposed under this Ordinance for sources in that subcategory,
shall immediately supersede the limitations imposed under this Ordinance. The District shall
notify all affected Users of the applicable reporting requirements under 40 CFR, Section 403.12,
as amended from time to time.
O. Alternative Discharge Limits. The User(s) shall have the right to seek, at their
expense, modified Categorical Pretreatment Standards by obtaining a removal allowance, using
the combined wastestream formula, and/or obtaining a fundamentally different factor variance
through the procedures outlined in 40 CFR, Part 403, as amended from time to time.
P. 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
Ordinance.
Q. County's and District's Right of Revision. The County and District reserves the fight
to establish by ordinance more stringent limitations or requirements on discharges to the
wastewater disposal system if deemed necessary to comply with the objectives of this Ordinance.
R. Excessive Discharge. Nc 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 National Categorical Pretreatment
Standards, or in any other pollutant-specific limitation developed by the County. District or
State.
S. Pretreatment Standards.
1. Users shall provide necessary wastewater treatment as required to comply with
lhis Ordinance and shall achieve compliance with all National Categorical
Pretreatment Standards within the time limitations as specified by the Federal
Pretreatment Regulations. Any facilities required to pretreat wastewater to a level
acceptable to the District shall be designed, constructed, operated. and maintained
by the User at his expense with the prior approval of the District.
2. All records relating to compliance with the referenced pretreatment Standards shall
be made available to the County, District, the State and the EPA for examination
and duplication upon request at no charge.
T. Slug Discharges.
I. Each User shall provide the District protection from slug discharge of prohibited
materials or other substances regulated by this Ordinance. Facilities to prevent
slug discharge of prohibited materials shall be provided and maintained at the
Owner's cost and expense. Detailed plans showing facilities and operating
procedures to provide this protection shall be submitted to the District for review,
and shall be approved by the District before construction of the facility.
Expenses for such review shall be borne by the User and paid prior to final
approval for construction. All existing Users shall complete such a plan within
one (1) year of the issuance of an Effluent Permit. No User who commences
contribution to the POTW after the effective date of this Ordinance shall be
39
permitted to introduce pollutams into the system until slug discharge procedures
have been approved by the District. Review and approval of such plans and
operaling procedures shall not relieve the Industrial User from the responsibility
to modify the User's facility as necessary to meet the requirements of this
Ordinance. In the case of a slug discharge, it is the responsibility of the user to
immediately telephone and notify the POTW of the incident. This notification
shall include location of discharge, type of waste, concentration and volume, and
corrective actions.
2. Within five (5) days following a slug discharge, the User shall submit to the
District 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 POTW, fish kills, or
any other damage to person or property; nor shall such notification relieve the
user of any fines, civil penalties, or other liability which may be imposed by this
Ordinance or other al.,plicable law.
3. A notice shall be permanently placed on the User's bulletin board or other
prominent place advising employees whom to call in the event of a dangerous
discharge. Employers shall ensure that all employees who may cause or suffer
such a dangerous discharge to occur are advised of the emergency notification
procedure.
U. Reasonable Service Conditions.
1. The District reserves the right to refuse to provide. or to cease providing, water or
wastewater service to any connector for reasons which shall include, but shall not
be limited to, use of water or contribution of wastewater in such manner or form
as to be injurious or detrimental to the general welfare of its customers or the
community. The District may require that pretreatment flow regulations, or other
remedial, preventive, or corrective facilities be installed at the expense of the
connector, when the situation so warrants the provision and use of such facilities.
2. The District shall have the authority to halt or eliminate immediately and
effectively, upon notice to the User in accordance with Section 6.7. paragraph E
of this Ordinance, any actual or threatened discharge of pollutants to the POTW
which presents or may present an imminent or substantial endangerment to the
health or welfare of persons.
V. Baseline Report.
O I. Within 180 days after the effective date of a categorical Pretreatment Standard, all
Industrial Users subject to Pretreatment Standards shall submit to the District a
report containing the following information:
(a) The name and address of the facility including the name of the operator
and Owners;
(b) A list of any environmental control permits held by or for the facility;
(c) A brief description of the nature, average rate of produclion and Standard
Industrial Classification of the operations. This description shall include a
schematic diagram of points of discharge to the POTW from regulated
processes~
(d) The measured maximum single day flow, peak one hour flow, and the
average daily flow from each process stream, in gallons per day;
(e) The Pretreatment Standards applicable 1o each regulated process. The
User shall submit the results of sampling and analysis identifying the
nature and concentration of regulated pollutants in the discharge from each
process. These samples shall be representative of daily operations and
include both maximum and average daily concentlations. Where feasible,
samples must be obtained through flow proportional composite sampling
techniques specified in the applicable Categorical Pretreatment Standard.
Where composite sampling is not feasible, a grab sample will be accepted.
Where strean. flow is less than or equal to 250,000 gallons per day, the
user must take three samples within a two-week period. Where stream
flow is greater than 250,000 gallons per day, the User must take six
~amples within a two-week period. Samples should be taken immediately
downstream from pretreatment facilities if such exist, or immediately
downstream from the regulated process if no pretreatment exists.
Sampling and analysis shall be performed in accordance with the
techniques prescribed in 40 CFR Part 136, or amendments thereto. Where
40 CFR Part 136 does not contain sampling or analytical techniques for
the pollutant in question, or where the Public Works Administrator
determines that Part ! 36 sampling and analytical techniques are
inappropriate for the pollutant in question, sampling and analysis shall be
performed by using validated analytical methods, as approved by the
District and the Administrator. The District may allow the submission of
a baseline report which utilizes only historical data if the data provides
information sufficient to determine the need for pretreatment measures.
The baseline report shall indicate the time, date, and place of sampling and
methods of analysis and shall certify that such sampling and analysis is
representative of normal work cycles and expected pollutant discharges to
the POTW; and
(f) A statement reviewed and signed by an authorized representative of the
Industrial User and certified to by a qualified professional engineer
indicating whether Pretreatment Standards are being met on a consistent
basis and, if not, whether additional operation and maintenance and/or
41
additional pretreatment is required or the industrial user to meet the
Pretreatment Standards and Requirements.
W. Compliance Schedule. The District shall require Industrial Users to develop
compliance schedules required to meet Pretreatment Standards. The proposed compliance
schedule shall be submined to the District for review and approval. This schedule shall be the
time limits required for industrial users to provide additional pretreatment and/or operation and
maintenance in order to meet these Pretreatment Standards. The completion date of this schedule
shall not be later than the compliance date established for the applicable Pretreatment Standard.
The schedule shall contain increments of progress in the form of specific dates for completion of
major events leading to the construction and operation of required pretreatment facilities
necessary for the Industrial User to meet the applicable Pretreatment Standards. No increment of
such schedule shall exceed nine (9) months. No later than 14 days following each date in the
schedule and the final date for compliance, the Industrial User shall submit a progress report to
the District including whether or not it complied with the increments 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 the delay and measures being taken 1o return to the schedule established.
X. Compliance Date Report. An Industrial User subject to the National Categorical
Pretreatment Standards and associated Pretreatment Requirements will submit to the District
within ninety (90) days} following the date for final compliance with said Pretreatment Standards
and Requirements, or in the case of a new connector following commencement of wastewater
discharge to the POTW, a report indicating the nature and concentration, as well as the maximum
single day, peak one hour and average daily flow, of all pollutants limited by said Pretreatment
Standards and associated Pretreatment Requirements being discharged to the POTW. This report
will indicate whether the applicable Pretreatment Standards and Requirements are being met on a
corisistent basis, and if not, what additional operation and maintenance procedures and/or
pretreatment will be implemented to bring the user into compliance with the applicable National
Categorical Pretreatment Standards and associated Pretreatment Requirements. This statement
shall be signed by an authorized representative of the industrial user and shall be certified by a
qualified engineering professional.
Y. Periodic Compliance Reports.
1. A User subject to the National Categorical Pretreatment Standards and associated
Pretreatment Requirements will submit to the District during the months of June
and December, unless required more ~'equently in said Pretreata'nent Standards or
by the District, a report indicating the nature and concentration of pollutants in
the effluent which are limited by the referenced Pretreatment Standards. In
addition, this report will include a record of the maximum single day and average
daily flows being discharged during the reporting period. At the discretion of the
District and in consideration of such factors as local high or low flow rates,
holidays, budget cycles, etc., the District may decide to alter the months during
which the compliance reports are to be submiued by a particular User. These
42
reports shall be signed by an authorized representative of the industrial user prior
to submittal.
2. The District may impose quantum limitations on Users in order to meel the
applicable National Categorical Pretreatment Standards and associated
Pretreatment Requirements, or in other cases where the imposition of quantum
limitations are appropriate. In such cases, the compliance report required by
subparagraph I of this Paragraph will indicate the quantity of pollutants regulated
by said Pretreatment Standards to be discharged by the user. These reports will
contain the results of sampling and analyses of the discharge, and will include a
record of the flow, nature and concentration, or quantity in pounds where
requested by the District of pollutants contained therein which are limited by the
applicable Pretreatment Standards and associated Pretreatmenl Requirements.
The frequency of monitoring will be prescribed in the referenced Pretrcatment
Standards. All analyses will be performed in accordance with the procedures
established by the Administrator pursuant to Section 304(g) of the Clean Water
Act and contained in ,~ ~ CFR, Pat1 136 and amendments thereto or with any other
test procedures approved by the Administrator. Sampling will be performed in
accordance with the techniques approvcd by the Administrator. !t should be noted
that where 40 CFR, Part 136 does not include a sampling or analytical technique
for the pollutant in question, sampling and analyses will be performed in
accordance with the procedures set forth in the EPA publication entitled
"Sampling and Analysis Procedures for Screening of Industrial Effluents for
Priority Pollutants" dated April. 1977, and amendments thereto, or with any other
sampling and anal~ical procedures approved by the Administrator.
6...~6. Monitoring and Inspection.
A. Monitoring Facilities. The District shall require construction, operalion and
maintenance, at the User's expense, of monitoring facilities to allow inspection of the building
sewer and/or internal drainage systems, arid sampling and flow measurement of the waste being
discharged to the POTW. Appropriate valving shall be included in design and construction of
such facilities to halt discharges immediately and effectively under situations described by
Section 6.5, paragraphs H and I. The monitoring facility should normally be situated on the
User's premises, but the District may, when such a location would be impractical or cause undue
hardship to the User, allow the facility to be conslructed in the public right-of-way and located so
that it will not be obstructed by landscaping or parked vehicles. Ample room shall be provided
in the area of such sampling manhole or facility to allow accurate sampling and preparation of
samples for analyses. 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 constructed in
accordance with the District requirements and all applicable local construction standards and
specifications.
43
B. Inspection and Sampling. The District shall inspect the facilities of any User to
ascertain whether the purpose of this Ordinance is being met and that all requirements are being
complied with. Persons or occupants of the premises where wastewater is being generated and
discharged to the POTW will allow the representatives of the District, the State or the I:-PA ready
access at all reasonable times to all pans of the premises for the purposes of inspection,
sampling, records examination and records duplication or in the performance of any of their
designated duties. Collier County, District, the State and the EPA shall have the right to set up
on the User's property such devices as are necessary to conduct sampling, inspection, compliance
monitoring and/or metering operations. In those cases where a User has security measures in
force which would require proper identification and clearance before entry into their premises,
the I ~ser shall make necessary arrangements with their security guards so that upon presentation
of suitable identification, personnel from Collier County, District, the State and the EPA will be
permitted to enter, without delay, for the purposes of performing their specific responsibilities.
C. Powers and Authority of Inspectors.
I. Duly authorized employees of the County or District bearing proper credentials
and identification shall be admiued to all properties for the purpose of inspection,
observation, measurement, sampling and testing pertinent to discharge to the
sewer system in accordance wilh the provisions of this Ordinance.
2. While ,performing the necessary work on private properties referred to herein, the
authorized employees of the District shall observe all safety rules applicable to the
premises established by the Owner.
3. Duly authorized employees of the District bearing proper credentials and
identification shall be permitted to enter all private properties through which the
District holds an easement for the purpose of, but not limited to, inspection,
observation, measurement, sampling, repair and maintenance of any portion of the
wastewater facilities lying within said easement, shall be done in full accordance
with the terms of the duly negotiated easement pertaining Io the private propen'y
involved.
6..._77. Violations.
A. Penalties.
I. If any person fails or refuses to obey or comply with or violates any or the
provisions of this Section Six, such person upon conviction of such offense, shall
be guilty of a misdemeanor and shall be punished by a fine not to exceed Two
Thousand Dollars ($2,000) or by imprisonment not to exceed sixly (60) days in
the County jail, or both, in the discretion of the Court. Each violation or non-
compliance shall be considered a separate and distinct offense. Further, each day
of continued violation or non-compliance shall be considered as a separate
offense.
2. Nothing herein contained shall prevent or restrict the County or District from
taking such other lawful action in any court of competent jurisdiction as is
44
necessary to prevent or remedy any violation or non-compliance. Such other
lawful actions shall include, but shall not be limited to, an equitable action for
injunctive relief or an action at law for damages.
3. Further, nothing in this Ordinance shall be construed to prohibit the County from
prosecuting any violation of this Ordinance by means of a Code Enforcement
Board established pursuant to the authority of Chapter 162, Florida Statutes.
4. All remedies and penalties provided for in this Section shall be cumulative and
independently available to the County and District and the County and District
shall be authorized to pursue any and all remedies set forth in this Section to the
full extent allowed by law.
B. Authority to Disconnect Service.
I. The District may terminate water and wastewater disposal services and disconnect
a User from the system when:
(a) Acids or chemicals damaging to sewer lines or the treatment process are
released into the sewer causing rapid deterioration of these structures or
interfering w;'h proper conveyance and treatment of wastewater; or
(b) A governmental agency informs the District that the effluent from the
wastewater treatment plant is no longer of a quality pertained for
discharge into a watercourse, and it is found that the User is delivering
wastewater to the District's system that cannot be sufficiently treated or
requires treatment that is not provided by the District as normal domestic
treatment; or
(c) The User:
(i) Discharges industrial waste or wastewater that is in violation of the
permit issued by the approving authority;
(ii) Discharges wastewater at an uncontrollable, variable rate
insufficient quantity to cause an irabalance in the wastewater
treatment systems;
(iii) Fails to pay a monthly bill for water or sanitary sewer services
when due; or
(iv) Repeats a discharge of prohibited wastes into public sewer.
C. Suspension of Service.
1. The District may suspend the wastewater treatment service and/or effluent permit
when such suspension is necessary, in the opinion of the District, in order to stop
an actual or threatened discharge which presents or may present an imminent or
O substantial endangerment to the health or welfare of persons, to the environment,
causes interference to the POTW or causes the District to violate any condition of
its NPDES Permit.
2. Any person notified of a suspension of the wastewater treatment service and/or
the effluent permit shall immediately stop or eliminate the contribution. In the
45
event of a failure of the person to comply voluntarily with the suspension order,
the District shaft take such steps as deemed necessary including initiation of legal
action hy the County Attorney and immediate severance of the sewer connection,
to prevent or minimize damage to thc POTW system or cndangcrmcnt to any
individuals. The District shall reinstate the effluent permit and/or the wastewater
treatment service upon proof of the elimination of the non-complying discharge.
A detailed wri~en statement submitted by the User describing the causes of the
harmful contribution and the measurcs taken to prevent future occurrence shall be
submitted to the District within 15 calendar days of the date of occurrence.
D. Revocation of Permit.
I. Any User who violates the following conditions of this Ordinance or applicable
State and Federal regulations, is subject to having his permit revoked in
accordance with the procedures of Section 6.7, paragraph E of this Ordinance:
(a) Failure of a User to report factually the wastewater constituents and
characteristics of his discharge.
(b) Failure of the U~cr to report significant changes in operations, or
wastewater constituents and characteristics.
(c) Refusal of reasonable access to the user's premises for the purpose of
igspection or monitoring.
(d) Violation of conditions of the permit.
E. Notice of Disconnection, Suspension, Revocation. The District shall notify User in
writing prior to disconnecting, spending or revoking User's service or permit. Said notice will
inform User of the sections of this Ordinance he is violating, state what corrective action must be
taken, and state the time period necessary for said corrective action. Failur~ to comply with the
notice will result in disconnecting, suspending or revoking User's service or permit. However,
District may disconnect, suspend or revoke User's service or permit prior to notification in
emergency situations. User will be notified immediately after said action is taken.
6.._~g. Confidential Information.
A. Confidential Information.
1. Information and data on a User obtained fi'om reports, questionnaires, permit
applications, permits and monitoring programs and inspections shall be available
to the public or other governmental agency without restriction unless the User
specifically requests and is able to demonstrate to the satisfaction of the District
and County that the information is not public record and is clearly within an
exemption outlined in the public record laws of the State of Florida.
2. When requested by the User furnishing a report, the portions of said report which
might disclose trade secrets or secret processes shall not be made available for
inspection by the public, but shall be made available upon written request to the
governmental agencies for uses related to this Section, the State disposal
permitting system and/or the State and Federal pretreatment programs; provided,
46
however, that such portions of a report shall be available for use by the State or
other State agency in judicial review or enforcement proceedings involving the
person furnishing the report. Wastewater constituents and characteristics will not
be recognized as confidential information.
B. Notwithstanding any of the provisions of this Subsection, nothing shall be construed
or interpreted to require Collier County or the District to violate any public records laws of the
State of Florida, allowing public access to records of Collier County and the District, nor shall it
require Collier County or the District to violale any United States Government or Federal act or
law, requiring disclosure of public records. Any release of information or disclosure made by the
County or District in order to comply with such laws should not give rise to a cause by any User,
based on the release of such information.
6,9, Service Charges and Fees
A. Purpose. It is the purpose of this Section to provide for the recovery of costs from
Users of the District's wastewater disposal system for the implementation of the program
established herein. The applicable c~ Arges or fees shall be set forth by Resolution of the Collier
County Board of County Commissioners as the governing body of Col Ijer County, Florida, and
as ex-offlcio the governing board of the District.
B. Service Charges. It is hereby determined necessary to fix and collect sewer service
charges from customers. These service charges shall be published separate from this Ordinance
and the revenue received shall be used for operation, maintenance, debt retirement and other
authorized expenses.
C. Charges and Fees.
I. The District may adopt charges and fees which may include:
(a) Fees for reimbursement of costs ofsetxing u? and operating the District's
pretreatment program;
(b) Fee for monitoring, inspection and surveillance procedures;
(c) Fees for reviewing accidental discharge procedures and construction;
(d) Fees for permit applications;
(e) Fees for filing appeals;
(f) Fees for consistent removal (by the District) of pollutants otherwise
subject to Federal Pretreatment Standards;
(g) Amount of effluent bond;
(h) Fees for special arrangements; and
(i) Other fees as the District may deem necessary to carry out the
requirements contained herein.
(j) These fees relate solely to the matters covered by this Section and are
separate from all other fees chargeable by the District.
· ?~!D_~Y:~_VEN. Penalties.
Unless another penalty is specifically provided for, any person who violates any section
or provision of this Ordinance shall be prosecuted and punished as provided by Section ! 25.69,
47
Florida Statutes. Each day the violation continues shall constitute a separate offense.
Additionally, the Board may bring suit for damages or to restrain, enjoin or otherwise prevent the
violation of this Ordinance in the Circuit Court of Collier County.
SECTION EIGHT, Conflict and Severability.
The provisions of this Ordinance shall be liberally construed to effectively carry out its
purposes in the interest of public health, safety, welfare, and convenience. If any section, phrase,
sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any
court ofcompctent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision, and such holding shall not affect the validity of the remaining portions
thereof.
SECTION NINE. Repeal of Ordinan¢~l~
Collier County Ordinance Numbers 74-28.75-5, 75-20, 76-38, 77-9, 77-19, 77-44, 77-57,
77-58, 79-3, 79-25.79-103, 80-43, 82-38, 83-38, 83-39, 83-40, 83-49, 84-35, 84.62, 85-19,
47, 85-49, 85-69, 85-81, 86-67, 86-73, 87-28, 87-46, 88-4, 88-34, 89-2, 89-80, 91-69, 91-80, 92-
26, 92-64, 93-30, 95-70, 95-72 and 96-7 are hereby repealed and superseded in their entirety.
SECTION TEN, !nclusio~l in the Code of Laws and Ordinan¢~st
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Cotlier County, Florida. The sections of the Ordinance may be renumbered or
relenered to accomplish such, and the word "ordinance: may be changed to "section", "article",
or any other appropriat'e word.
SECTION ELEVEN. EffeCtive Dat,.
This Ordinance shall become effective upon being filed with the Department &State.
,-?f f ,1997.
~J.~rGH~ ~.l~OCK, CLERK ~OARD OF COUNTY COMMISSIONERS
legal sufficiency: ~t~'.~. , :~, ,,'
Co~W Anomcy
48
STATE OF FLORIDA)
COUNTY OF COLLIER}
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida. do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 97-48
Which was adopted by the Board of County Commissioners on the 23rd day
of September, 1997, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 24th day of September,
1997.
Clerk of Courts ancl~..ie~k:~~'' ". '~.
Ex-officio to Board~f'
County Commissione_rs :,~:-~.",~' . ~:j~' :. "'~!',;.~..
,...:.. ..... ..
By: Ellie Hoffmahf"~J.'~'~ ":"
Deputy Clerk ' !. '..4.., .... ' ' ·