Ordinance 91-069 ORDINANCE NO. 91- 69
SEWER USE ORDINANCE
ORDINANCE REGULATING THE USE OF PUBLICLY OWNE~ ~ ~1~
STEWATER FACILITIES AND PRIVATE SEWERS AN~
RAINS; PROVIDING A PURPOSE; PROVIDIN~
DEFINITIONS; PROVIDING ABBREVIATIONS; PROVIDIN~
SUPPLEMENTAL SERVICE CHARGE; PROVIDING RULES AN~
REGULATIONS; PROVIDING FOR MONITORING AND
INSPECTION OF FACILITIES; PROVIDING FOR
VIOLATIONS; PROVIDING FOR CONFIDENTIALITY OF
INFORMATION; PROVIDING FOR SERVICE CHARGES AND
FEES; PROVIDING FOR CONFLICT, SEVERABILITY, AND
EFFECTIVE DATE
BE IT ORDAINED AND ENACTED BY THE BOARD OF COLLIER COUNTY
COM]~ISSIONERS OF COLLIER COUNTY, FLORIDA, EX-OFFICIO THE GOVERNING
BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, that:
SECTION ONZ - PURPOSE
1.1 This ordinance sets forth uniform requirements for
direct and indirect contributors into the wastewater collection and
treatmeht system for Collier County Water-Sewer District and enables
Collier County Water-Sewer District to comply with all applicable
State and Federal laws required by the Clean water Act of 1977 a'nd
the'General Pretreatment Regulations (40 CFR Part 403).
1.2 The objectives of this ordinance are:
1.2.1 To prevent the introduction of pollutants into the
County wastewater system whichwill interfere with the operation of
the'system or contaminate the resulting sludge;
1.2.2 To prevent the introduction of pollutants into the
~ount~ wastewater system which will pass through the system,
~nadequately treated, into receiving waters or the atmosphere or
otherwise be incompatible with the system;
1.2.3 To improve the opportunity to recycle and reclaim
wastewaters and sludges from the system; and
1.2.4 To provide for equitable distribution of the cost of the
County wastewater system.
1.3 This'ordinance provides for the regulation of. direct and
indirect contributors to the municipal wastewater system through the
issuance of permits to certain non-domestic users and through
enforcement activities, requires 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.
'. 1.4 This ordinance shall apply to the Collier County
,~;.:.~. Water-Sewer District and to persons outside the District who are, by
"' contract or agreement with the District, Users of the District
,'(,.. Publicly Owned Treatment Works .(POTW). Except as otherwise provided
":,~/' .herein, the Administrator of the Collier County Utilities Division
shall administer, implement and enforce the provisions of this
ordinance.
SECTION TWO - DEFINITIONS
.
Unless the context specifically indicates otherwise, the meaning
of terms used in this Ordinance shall be as follows:
2.f "A~ministr&tor" shall mean the administrator of the U.S.
Environmental Protection Agency or his duly authorized
representative.
2.2 "Authoriled Representative" shall be a principal
executive officer 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
't
individual if such representative is responsible for the overall
.... .operation of the facility.
2..3 "BED" (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.
· ', ~ 2.4 "Building Drain" shall mean that part of the lowest
:::!!r. 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.
2.5 "Building Sewer" shall mean the extension from the
building drain to the public sewer or other place of disposal.
2.6 "Chemical Oxygen Demand (COD)" shall mean a measure of
iI~: oxygen equivalent of that portion of the organic matter in a sample
that is susceptible to oxidation by a strong chemical oxidant.
2.7 "County" shall mean the Collier County (Florida)
!~i~, Water-Sewer District, 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.
2.8 "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 pollutant added is heat.
~ .... 2.9 "Direct Discharge" shall mean the discharge of treated
or untreated wastewater directly to the sUrface waters of the State
of Florida.
'~f" 2.10 "Domestic Wastewater" shall mean a combination of
~i'/water-carried wastes which shall not exceed the following
,"i 'c°neentrations: 200 mg/1 BCD, 200/1 TSS, 30 me/1 TK~ and 15 mg/1
2.11 "Easement" shall mean acquired legal right for the
' ~ Specific use of land owned by others.
~,~!, 2.12 "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.
2.13 "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.
~. 2.14 "Indirect disc~arge" shall mean the discharge or
introduction of non-domestic pollutants 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.
2.15 "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.
2.16 "Industrial Waste Surcharge" shall mean the monetary
charge made in excess of the sewer service charge for all wastewater
over and above normal wastewater.
2.17 "Industrial Wastes" shall mean the liquid wastes
discharged from industrial manufacturing processes, trades, or
businesses and having characteristics different from domestic
wastewaters.
2.18 "Infiltration/Inflow" shall mean ground water and
surface water which leaks into the sewers ithrough cracked pipes,
2.19 "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.
2.20 "May" is a word that when utilized in this Ordinance has
a permissive meaning.
2.21 "National Categorical Pretreatment Btandar~" or
~]t'Pretreatment Standard" shall mean any regulation containing
pollutant discharge limits promulgated by EPA in accordance with the
· Clean Water Act, as amended from time to time.
2.22 "Natural Outlet" shall mean any outlet into a
~ watercourse, pond, ditch, lake or other body of surface water or
groundwater.
2.23 "Normal Wastewatsr" 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/1, total phosphorus
is ~ot more than 15 mg/1, total KJeldahl nitrogen is not more than 30
mg/1; and total flow is not more than 25,000 gallons per day.
2.24 "Owner" shall mean person desiring or receiving service.
2.25 "Person" shall mean any individual, firm, company,
government entity, association, society, corporation, or group.
2.26 "~H" shall mean. the logarithm (base 10.) of the
reciprocal of the weight of hydrogen ions .in grams per liter of
solution.
----- m
2.27 "Pollution'~ shall mean the man-made or man-induced
' ~ alteration of the chemical, physical, biological or radiological
ii'~ integrity of water.
2.28 0'Pollutant~ shall mean any dredged spoil, solid waste,
· incinerator residue, sewage, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or dis=barged equipment, rock, sand, cellar dirt and
· -industrial, municipal or agricultural wastes discharged into the
surface waters or ground waters of the State Of Florida.
2.29 "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 of discharging or otherwise
· introducing such pollutants into a POTW.
2.30 "Pretreatment Re~uirements" shall mean any substantive
~j, 'or procedural requirement related to pretreatment other than a
· '.~.National Categorical Pretreatment Standard imposed on a non-domestic
,= ~ wastewater discharger.
2.31 "Private Sewage Disposal System" shall mean any
'iindividual on-site sewage treatment and disposal system such as
~tic tanks, cesspools and similar facilities but not including
'~i~ package sewage treatment plants~
~"' 2.32 "Properly Shredded ~arbage" shall mean the wastes from
the preparation, cooking and dispensing of food that have been
i~'i ' Shredded to such a degree that all articles will be carried freely
~.':~:':~ · under the flow conditions normally prevailing in public sewers, with
.- i-..' no particle greater'than one-half (1/2) inch ( 1.27 centimeters) in
any dimension.
.. 2.33 ~Publ~oly Owned Treatment Works (POTW)" shall mean a
~" treatment works which is owned in this instance by the County. This
J? definition includes any sewers that convey wastewater to the
treatment works,' but does not include pipes, sewer~ or other
conveyances not connected to a facility providing trea%ment.
2.34 ~P~blio Sewer~ shall mean a sewer in which all owners of
abutting properties have equal rights, and is controlled by a public
a thority, fl' 5
2.35 "sanitary Sewer" shall mean a sewer which carries sewage
and to which storm, surface waters and ground waters are not
intentionally admitted.'
2.36 "Sewage" shall mean a combination of the water-carried
wastes from residences, business buildings, institutions and
industrial establishments, together with such ground waters and
!.~ surface and storm.waters as may be present.
2.37 "Sewage Treatment Plant" shall mean all facilities for
~!~ treatment and disposal of sewage.
.~'. , 2.38 "Sewage Works" shall mean all facilities for collecting,
~ pumping, treatment, and disposal of sewage.
2.39 "Sewer" shall mean a pipe. or conduit for carrying
sewage.
i~' 2.40 "Shall" and "Will" are words that when utilized in this
'~' Ordinance have a mandatory meaning.
2.41 "Sig~ifioant Violation" shall be a violation which
~'~ · remains uncorrected for 45 days after notification of noncompliance;
which is part of a pattern of noncompliance over a twelve month
period; which involves a failure to accurately report noncompliance;
~" or which results in the POTW exercising its emergency authority to
~,~/ halt or eliminate immediately a discharge.
2.42 "Slug" shall mean any discharge of water, sewage or
~.,~;. industrial waste which in concentration of any given constituent or
in quantity of flow may cause upset of the POTW operation or exceeds
for any period of duration longer than fifteen (15) minutes more
~. than five (5) times the average twenty-four (24) hour
con~entration of flows during normal operation.
2.43 "State" shall mean the State of Florida or regulatory
agency within the State government having jurisdiction over a
~' ' particular topic of concern.
2.44 "Standard Industrial Classifioation (SIC)" shall mean a
classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, in 1972, as amended from time to time.
. 2.45 "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,
2.46 "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.
2.47 "Toxio Pollutant" shall mean any pollutant or
combination of P011utants listed as toxic in regulations promulgated
· by the AdministratOr of the Environmental Protection Agency under the
provisions of the Clean'Water Act, as.amended'from time to time.
2.48 "User" shall mean any person Who contributes, causes or
permits the contribution of wastewater into the County's POTW.
2.49 "Utilities ~dministrator, 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.
2.$0 "Wastewater" shall mean a combination of the
wate=-carried wastes from residences, business buildings,
~institut~ons and industrial establishments, together with such
ground, surface and stormwaters as may be present.
2.51 "wateroourse" shall mean a channel in which a flow of
water occurs, either continuously or intermittently.
gECTZON THREE - ABBREVIATIONS
3.1 "ASTM" American Society for Testing and Materials
,. 3.2 "BED" Biochemical Oxygen Demand
3.3 "CFR" Code of Federal Regulations
3.4 "COD" Chemical Oxygen Demand
3.5 "DER" Florida Department of Environmental Regulation
"- 3.6 ~'EPA" U.S. Environmental Protection Agency
~!~f' :'. 3.7 "mg/l" Milligram per liter
~', 3.8 "NPDES"Nati0nal Pollutant Discharge Elimination System
~,.~ 3.9 "POTW" Publicly Owned Treatment Works
~,.
!~ "ppm"
~.:.. 3.10 Parts Per Million.
? 3.11 "SIC" Standard Industrial Classification
3.12 "SS" Suspended. Solids
,f
~ 3.13 "TKN" Total Kjeldahl Nitrogen
3.14 "WPCF" Water Pollution Control Federation
~. 4.1 Wastewater system users determined by the County 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 Supplemental Service
Charge will be levied for the folloWing:
't. 4.1.1 Monitoring, inspections and surveillance procedures;
ii 4.1.2. Collectio~ and analyses of wastewater samples;
4.1.3 Collection and evaluation of monitoring data;
J~i~ 4.1.4 Equipment servicing by an independent service company;
4.1.5 Other requirements deemed necessary to implement the
Pretreatment program as delineated in this Ordinance,
'"' This charge shall be separate and distinct from the industrial
sewage strength service charge.
5.1 ~e following Rules and Regulations apply throughout the'
area encompassing the Collier County Water-Sewer District and to all
Wastewater dischargers provided wastewater service by the County.
~.2 Use of P~lio Sewers Re~ired
5.2.1 Ail premises shall be provided, by the owner thereof,
with at least one (1) toilet. All toilets shall be kep= clean and in
a sanita~ working condition. Every flush toilet shall be connected
to a 9ublic sewer where available or to a septic tank. Flush toilets
shall be provided at all times with sufficient running water under
pressure to flush the toilet clean after each use.
5.2.2 No person shall dispose of human excrement except .in a
toilet.
5.2.3 It shall be unlawful to discharge to any natural cutlet
within Collier County, or in any area under the Jurisdiction of said
County, any sanitary sewage, wastewater, industrial wastes, or other
polluted waters, except where suitable treatment has been provided in
accordance with subsequent provisions of this Ordinance.
5.2.4 Except as hereinafter provided, it shall be unlawful to
construct or maintain any privy, privy vault, septic tank,.cesspool
· or other facility intended or used for the disposal of sewage.
5.2.5 The Owner(s) of all houses, buildings, or properties
used for human occupancy, employment, recreation or other purposes
within the boundaries of Collier County with property lines and
located within two hundred (200) feet .of a line of public sanitary
sewer now in existence or which may be constructed in the future is
hereby required at his own expense to install suitable toilet
facilities therein and to connect such facilities directly with said
line of public sanitary sewer in accordance with the provisions of
'this Ordinance within (90) days after date of official notice so to
:.~ do.
5.2.6 All sinks, dishwashing machines lavatories, basins,
shower baths, bathtubs, laundry tubs, washing machines, and similar
plumbing fixtures or appliances shall be connected to the public
sewer; provided that where no-sewer is .available, septic tanks or
other private subsurface disposal facilities, approved by the County
must be used.
5i2.7 User shall be notified when sewer is available.
5.2.7.1 Sewage shall be considered available to an existing
.in~le family dwelling when the dwelling can be connected by gravity
flow or grinder pump to a line in any public right-of-way or easement
which passes the property at any point.
5.2.7.2 Sewage shall be considered available to any new single
family dwelling when the dwelling can be connected by the
installation of '200 linear feet of gravity flow line. or grinder
station force main from the nearest point of the property.
5.2.8 Sewer user fees shall be charged effective .upon
notification of the availability of sewer service.
5.2.9 Connection to the public water system is a prerequisite
to receiving wastewater service, provided a public water line is
within two hundred (200) feet of the property line.
S.3 Private Sewage Disposal
5.3.1 Where a public sanitary sewer is not available under the
provisions of Section 5.2, the building sewer shall be connected to a
.private sewage disposal system complying with the provisions of this
Section. It shall be unlawful for any 'person to construct'or
~: 'maintain any privy, privy vault or cesspool and shall be unlawful to
maintain or construct any septic tank where public sewer is
available.. Availabil~y of service is defined in Section 5.2 of this
Ordinance'
5.3.2 Before commencement of construction of a private sewage
disposal system, the Owner shall first obtain a written permit issued
by the HRS-Collier County Public Health Unit Division of
Environmental Health and Engineering (hereinafter referred to as
Health Department).
5.3.3 A permit for a private sewage disposal system shall not
become effective until the installation is completed to the
satisfaction of the Health.Department. The Health Department shall
be allowed to inspect the work.at any stage of construction and, in
any event, the applicant for the permit shall notify the Health.
Department when the work is ready for final inspection and before any
~nderground portions are covered.
5.3.4 The type, Capacities, location and layout of a private
sewage disposal system shall comply with all recommendations of the
Health Department and the agency of the state of Florida having
Jurisdiction. No septic tank or cesspool shall be permitted to
discharge to any public sewer or natural outlet.
5.3.5 At such time as a public sewer becomes available to
property served 'by a private sewage disposal system, a direct
connection shall be made to the public sewer.within ninety (90) days
of the official notice to connect to the public system is provided to
the. property owner. Abandonment of any septic tanks, cesspools, and
similar private sewage disposal facilities shall be as outlined in
Chapter 10D-6, Florida Administrative Code, as may be amended from
time to time.
5.3.6 The owner shall operate and maintain the private sewage
disposal facilities in a sanitary manner at all times, at no expense
to the County.
5.3.7 Any premise that has a septic tank, privy or any other
sewage, industrial waste, or liquid waste disposal system,, located
.thereon that does not function in a sanitary manner shall be
corrected within thirty (30) days from the receipt of written
notification from the Health Officer that said system is not
functioning in a sanitary manner, and order that said system be
corrected..
5.3.8 No statement contained in this Section shall be
construed to interfere with any additional requirements that may be
imposed by the Health Department or Board of County Commissioners.
5.4 Building Sewers an~ Connections
5.4~1 No unauthorized person shall uncover, make any
connections with or opening into, use, alter or disturb any public
sewer or appurtenances thereof without first obtaining a written
permit from the County.
5.4.2 A separate and independent Building Sewer shall be
provided for every building, except where one building stands at the .
rear of another and where a separate and independent building sewer
~annot physically be located without passing beneath the. building in
front, or be constructed to the rear building through an adjoining
alley, courtyard, or driveway. In such cases, the Building Sewer
from the front building may be extended to the rear building and the
whole considered as one Building Sewer, provided both buildings are
under the same ownership. If the buildings are under different
ownerships, the County shall require the Owner(s) to enter into an
agreement, meeting the requirements of the County Attorney, regarding
ownership and maintenance of the Building Sewer.
5.4.3 Old 'Building Sewers may be used in connection with new
buildings only when they are found, on examination and test by the
County, to meet all the requirements of this Ordinance.
0'45" 118
5.4.4 The size, slope, alignment, materials of construction of
.'~' a Building Sewer and the methods to be used in excavating, placing of
' the pipe, Jointing, testing and. backfilling the trench, shall all
conform to the requirements of the building and plumbing code of
Collier County and other applicable rules and regulations of the
County and State. In the absence of code provisions or in
amplification thereof, the materials and procedures set . forth in
.appropriate specifications of the ASTM and WPCF Manual of Practice
No. 9 shall apply.
5.4.5 Whenever possible, the Building Sewer shall be brought
to the building at an elevation below the lowest finished floor. In
all buildings in which any Building .Drain is too low to permit
gravity flow to the public wastewater collection system, wastewater
carried by such Building Drain shall be lifted by an approved means,
and discharged to the Building Sewer.
5.4.6 No Owner shall make connection of roof downspouts,
exterior foundation drains, areaway drains or other sources of
surface run-off or groundwater to a Building Sewer or Building Drain
which in turn is connected directly or indirectly to the public
sanitary sewer system. All such existing connections shall be
removed and corrected at the expense of the user.
· ~:" 5.4.7 The connection of. the Building Sewer into the public
~.'/ ean'itary sewer system shall conform to the requirements of the-
building and plumbing code of Collier County and other applicable
~'~i'i. rules, and regulations of the County or' other procedures set forth in
appropriate specifications of the ASTM and the WPCF Manual of
Practice No. 9.
5.4.8 The applicant for the Building Sewer connection permit
shall notify the County Building and Plumbing Inspector when the
Building Sewer is ready for inspection and connection to the public
sewer. The connection shall be made by a licensed plumber, under the
supervision of th~ County Building and Plumbing Inspector..
5.4.9 Ail excavations for Building Sewer instaliation shall be
adeguately guarded with barricades and lights so as to protect the
public from danger.
-12-
5.4.10 If any house sewer permits entrance of infiltration or
inflow, the Utilities Administrator may:
5.4.10.1 Require the Owner to repair the house sewer.
5.4.10.2 Charge the Owner a sewer rate that reflects the
additional cost of sewage treatment from the Owner's property.
5.4.10.3 Require the Owner to disconnect his sewer from the
County's sewer system.
5.5.1 All applications for the introduction of water and
wastewater service must be made to the County on forms which will be
furnished .for that purpose, stating fully the various uses to which
the water is to be employed and from which the sewage will be
generated.
5.5.2 There shall be two (2) classes of building sewer
connection permits: (a) for residential service, and (b) for
Commercial service and establishments producing industrial wastes.
In either case, the Owner or his agent shall make application for
sewer connection on a form furnished by the County. The application
shall be supplemented by any plans, specifications or other
information considered pertinent in the judgment of the County.
Sewer connection, impact, tap and inspection fees for any commercial
or'industrial building sewer connection shall be paid to the County
at the time the application is filed in accordance with connection,
~mpact, tap and inspection fee schedules as adopted by the County.
All sewer service applications shall be submitted to the Utilities
Division which will review and, if in order, will approve and forward
one copy to the Building and Plumbing Inspector and one copy to the
applicant.
5.5.3 Any Owner discharging industrial wastes into the public
wastewater collection system at the time of passage of this Ordinance
shall submit an effluent permit application in the required form
within six (6) months from the date of passage of this Ordinance.
All industrial wastewater dischargers proposing to discharge into the
Public Sewers shall file with the 'County on forms furnished by the
County an additional application for effluent permit, showing the
volume, strength and characteristics of waste discharged or to be
discharged into the Public Sewer. If determined necessary by the
County, 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 water .use, waste volume, strength or
· characteristics, shall require an amended application to be filed and
~ .' approved by the County prior to implementinglthe proposed alteration
to the premises. All effluent permit and amended effluent permit
applications will require, payment of a fee to be paid at the time the
application is filed.. All review costs, in addition to the basic
effluent permit fee, shall be borne by the User and paid prior to
issuance of any effluent permit.
5.$.4 It shall be unlawful for any User of the County's sewers
to disdharge industrial wastes into the public sewers without
obtaining an effluent permit from the County. Applications for such
"?effluent permits shall be made to the County on forms provided by the
~j . county. All information that the County deems necessary to determine
potential impacts to the Publicly Owned Treatment Works shall be
provided by the applicant.
C~.'~ 'r 5.5.5 Effluent permits shall be issued to applicants by the
i~,~,- County 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 County's wastewater facilities. Effluent
per'its shall be valid for a term of three (3) years from the date of
~ii.i · issuance unless surrendered to, or revoked by, the County upon the
realization that an industrial user is exceeding the peak quality and
volume of effluent set forth in the original application and/or
effluent 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 effluent
permit, such User shall file an amended application for a permit
authorizing such change. Such permit shall not be reassigned or
transferred to a new Owner, new User or different premises without
the approval of the County. Effluent permits shall be renewed by
completing the permit application form and subsequent review of the
application and historical compliance records.
5.5.6 Applications must be signed by the Owner of the
premises or his duly authorized agent, and signed by the authorized
representative of the County showing payment to the County of the
· applicable connection charges, impact fees and deposits provided for
prior to the initiation of the services.
5.5.7 All applicants for service, whether or not such service
~ 'is to be provided to property within the Collier County Sewer Service
area, expressly agree, as a condition of acceptance of service .to
abide by the Rules and Regulations delineated herein.
5.5.8 All costs and expenses incident to the installation and
connection of the building sewer shall be borne by the Owner. The
Owner Shall indemnify the County from any loss or damage that may
directly or indirectly be occasioned by the installation of the
building'sewer.
$.6 Effluent Quality Bond
5.6.1 To further assure compliance with the requirements of
this Ordinance, all permitted Industrial. Users, upon receipt of the
effluent permit, shall deposit with Collier County an "Effluent ·
Quality Bond" for the permit years payable to Collier County and
Condit~oned upon the Industrial User's' faithful compliance with the
provisions of this Ordinance 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 County under the provisions of
this Ordinance resulting from the Industrial User's failurm to
comply with the terms hereof, and to the Industrial User fully
indemnifying and protecting the County from any penalties,, damages or
claims for penalties and damages (including attorney's fees and costs
for defending such claims, including any appeals) arising or
resulting from the Industrial User's failure to comply with any
provision of this Ordinance and/or the State and Federal Regulations
relating to water pollution control. The amount of the effluent
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.
~. 5.? Use of the Publio Wastewater System
5.7.1 No user shall discharge or cause to be discharged any
~, .stormwater, surface water, groundwater, roof run-off, subsurface
drainage, uncontaminated cooling water or' unpolluted industrial '
process waters to any public wastewater collection system.
5.7.2 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 County. Industrial
~i.i cooling water or unpolluted process waters may be discharged, on
.:~ approval by the County, to a storm sewer or natural outlet.
5.~.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.
· · $.8 ~eneral Disoharge Prohib~t~ons
,.' 5.8.1 No User shall' contribute or cause to be contributed,
directly or indirectly, any 'pollutant. or wastewater which will
intmrfere 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
loc~1 Pretreatment ·Standards or Requirements. A User shall not
· contribute the following substances to any POTW:
5.8.1.1 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,
gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers,
alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates,
bromates, carbides, hydrides, sulfides and any other substances which
the County, the State or EPA has notified the user is a fire hazard
to the system.
5.8.1.2 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 thanone-half
inch (1/2") in any dimension, animal ~uts or tissues, paunch manure,
bones, hair, hides or fleshings, entrails, whole blood, feathers,
ashes, cinders, sand, spent lime, stone or marble dust, metal, glass,
straw, shavings, grass clippings, rags, spent grains, spent hops,
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.
5.8.1.3 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.
' 5.8.1.4 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
S~andards. 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.
5.8.1.5 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
r.pair, lZ4
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5.8.1.6 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 ~ith sludge use' or
~i~il disposal criteria, guidelines or regulations developed under Section
405 of the Clean Water Act, as amended from time to time; any
?/. .criteria, guidelines, or regulations affecting sludge use or disposal
developed pursuant 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.
~, 5.8.1,7 Any substance which may .cause the POTW to violate its
*i. State operating permit(s) or the receiving water quality standards.
.:'* 5.8.1.8 Any wastewater with objectionable color not removed in
? the treatment process, such as, but not limited to, dye wastes and
vegetable tanning soXuttons.
'%' 5.8.1.9 Any wastewater having a temperature which will inhibit
L: '.' biological activity in the POTW resulting in interference, but inno
case wastewater with a temperature at the introduction into the POTW
',?;.' which exceeds 40'C (104'F).
:?:. 5.8.1.10 Any water or waste containing fats, wax, grease or
~% . oils, whether emulsified or not, in excess of one hundred (100) mg/1
~ or · containing substances which may solidify or become viscous at
temperatures between thirty-two (32") and one hundred four (104"F)
~'. ~0' and 400C).
5.8.1.11 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 more than five times the
average twenty-fOur (24) hours concentration, quantities, or flow
'!il during normal operation.
5.8.1.12 AnY wastewater containing any radioactive wastes or
., isotopes of such half-life or concentration as may exceed the limits
I' 045 125
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:.
established in compliance with applicable State or Federal
Regulations.
5.8.1.13 Any liquid or vapor having a temperature higher than
one hundred fifty (150) degrees Fahrenheit (sixty-five [65] degrees
Celsius).
5.8.1.14 ;thy 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 Utilities Administrator.
5.8.1.15 Any waters or wastes containing strong acid iron
pickling wastes, or concentrated plating solutions, whether
neutralized or not.
5.8.1.16 Any waters or wastes containing iron, chromium,
copper, zinc, and similar objectionable or toxic substances or wastes
exerting an excessive chlorine requirement, to such degree that any
such material received in the composite sewage at the sewage
treatment works exceeds the limits established by the Utilities
Administrator for such materials.
5.8.1.17 Any waters or wastes containing, phenols or other
taste- or odor-producing substances, in such concentrations exceeding
limits which may be established by the Utilities 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.
5.8.1.18 Materials which exert or cause:
5.8.1.18.1 Concentrations of inert suspended solids (such as,
but' not limited to; sodium chloride and sodium sulfate) differing
from that typically found in domestic wastewater.
5.8.1.18.2 High BCD, chemical oxygen demand, or chlorine
requirements in such quantities as to constitute a higher loading
than normal wastewater on the sewage treatment workers.
5.8.1.18.3 'High Volume. of flow or concentration of wastes
constituting slugs.
5.8.1.19 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
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sewage treatment plant effluent cannot meet the requirements of other
agencies having Jurisdiction over discharge to the receiving waters.
5.8.1.20 Any wastewater which causes a hazard to human life or
creates a public nuisance.
5.8.2 W'nen the County 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
.PO~4 or may present an endangerment to the environment, the County
shall have the authority to immediately halt or prevent any discharge
of pollutants to the POTW. The County shall provide the User notice
of this action in accordance with Section 7.5 of this Ordinance.
5.8.3. Subsequent to such action, the County 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.
5.8'.4 Following this response, period, the County, 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..
5.9 Maximum Concentrations Allowed
5.9.1 All sewage service customers are prohibited to discharge
following above their indicated concentrations at any time:
5.9.1.1 Cyanide ............ 0.050 mg/1
5.9.1.2 Arsenic ............ 0.020 mg/1
5.9.1.3 Cadmium ............. 0.030 mg/1
5.9.1.4 Total Chromium ......... 0.010 mg/1
5~9.1.§ Copper ............. 0.300 rog/1
5.9.1.6 Lead .............. 0.200 mg/1
5.9.1.7 Mercury ............ 0. 002 .mg/1
5.9.1.8 Nickel ............. 0.'200 mg/1
5.9~1.9 Silver ........ ..... 0.040 mg/1
5.9.1.10 Zinc . .. ............ 0.300 mg/1
5.9.1.11 Total Phosphorous ........ 10.000 mg/1
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'--.. 5.9.1.12 Ammonia Nitrogen ........ 25.000 mg/1
~. 5.9.1.13 Total Nitrogen ......... 40.000 mg/1
5.10 Pretreatment Facilities - Approval
5.10.1 If the County permits the pretreatment or equalization
of waste flows, the design and installation of the plants and
equipment shall be subject to the review and approval of the County,
.and subject to the requirements of all applicable codes, ordinances,
and laws.
' 5.11 Pretreatment Facilities - Maintenance
· 5.11.1 Where p~eliminary 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.
-':.. 5.12 Interceptors (Traps}
~. 5.12.1 Grease, oil, and sand interceptors shall be provided
~when, in the opinion of the County, they are necessary for the proper
handling of liquid wastes containing grease in excessive amounts, or
' any flammable wastes, sand, or other harmful ingredients; except
that such interceptors shall.not be required for private living
quarters or dwelling or dwelling units. Ail interceptors shall be of
..· , a type and capacity approved by the County, and shall be located as
:" to be readily and easily accessible for planning, cleaning and
~... inspection. The minimum size of interceptors shall be in conformance
:~:' with the County's 'Plumbing Code, except that interceptors for
:%,.~. restaurants of all types shall be 25 gallons of capacity per
.!~/restaurant seat.
5.13 Control Manhole
5.13.1 When' required by .the County, 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 County. The manhole shall be installed by the Owner at his
'.~ilexpense, and shall be maintained by Owner so as to be safe and
accessible at all times.
5.X4 Measurements, Tests
i' 5.14.1 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 latest
edition of "Standard Methods for the Examination of Water and
Wastewater", published by the American 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 the 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 pr~mise is appropriate or whether a grab sample or sampIes
should be taken. Normally, but not always, BCD and suspended solids
analyses are obtained from twenty-four [24] hour composites of all
:~i~ ' outfalls whereas phs are determined from periodic grab samples.)
5. KS Special Arrangements
..;..., 5.15.1 No statement contained in this Ordinance shall be
· ' Construed as preventing any special agreement or arrangement between
the County and any industrial concern whereby an industrial waste of
unusual strength or character may be accepted by the County for
treatment, when acceptance by the County 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.
5.16 Special Arrangements - Determination of Aocep. tability
5.16.1 In forming the opinion as to the acceptability of the
wastes enumerated in Paragraph 5.8, the County will .give
?
consideration to such factors as th'e 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.
~,'.. 5.17 National Categorical Pretreatment Standards
5.17.1 Upon the promulgation of the National Categorical
Pretreatment Standards for a particular industrial subcategory, the
· Federal Standard, if more stringent than limitations imposed under
this Ordinance for sources in thatsubcategory, shall immediately
supersede the limitations imposed under this Ordinance. The County
, , shall notify all affected Users of the applicable reporting
requirements under 46'.CFR, Section 40~.12, as amended from time. to
5.1S Alternative Dlsoharge Limits
5.18.1 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
i-procedures outlined in 40 CFR, Part 403, as amended from time to
5.~9 State Requirements
'~": 5.19.1 State requirements and limitations on discharges shall
?
::jappl¥. in any case where they are 'more stringent than Federal
,""' requirements and limitations or those in this Ordinance.
$.20 County's Right of Revision
5.20.1 The County reserves the right to establish by ordinance
more stringent limitations or requirements on discharges to the
wastewater disposal system if deemed necessary to comply with the
objectives of this Ordinance.
5.21 Excessive Discharge
5.21.1 No User shall ever increase the use of process water or,
in any way attempt 'to dilute a discharge as a partial or complete
substitute for adequate treatment to achieve compliance with the
limitations contained in the National Categorical Pretreatment
Standards, or in any other pollutant-specific limitation developed by
the County or State.
5.22 Pretreatment Standar4s
5.22.1 Users shall provide necessary wastewater treatment as
.required to comply with this 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 Collier County S~all be designed, constructed, operated, and
maintained by the User at his expense with the prior approval of
Collier County.
5.22.2 All records relating to compliance with the referenced
Pretreatment Standards shall be made available to the County, the
State a~d the EPA for examination and duplication upon request at*no
charge.
$.23 Slug Discharges
5.23.1 Each User shall provide the. County protection from slug
dis'charge 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 Collier County for
review, and shall be approved by the County 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 permitted to
introduce pollutants into the system until slug discharge procedures
have been approved by the County. Review and approval of such plans
and operating procedures shall not relieve the Industrial User from
the responsibility to modify the User's facility as necessary to meet
the requirements of this 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. The notification shall include
location of discharge, type of waste, concentration and volume, and
corrective actions.
. 5.23.2 Within five (5) days following a slug discharge, the
i~'~.User shall submit to the County 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 applicable
law.
· ." 5.23.3 A notice shall be permanently posted on the User's
ii> :;.~.bulleti~ 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.
5.24 Malicio~s Damage
5.24.1 No person shall maliciously, willfully, or negligently
break~ damage, destroy, uncover, deface, or tamper with any
structure, appurtenance or equipment which is a part of the
was~ewater facilities. Any person violating this provision shall be
subject to immediate arrest and shall be responsible for any loss of
revenue or monetary expenditures needed for repairs brought about by
their actions.
$.25 County's Responsibility for Normal Maintenan~e
5.25.1 The Collier County Water-Sewer District will be
responsible for nOrmal servicing, testing and repair of meters, mains
and .all other plant and equipment belonging to the County.
5.26 Temporary Shut Offs
5.26.1 The County may shut off water or wastewater service
temporarily whenever necessary for the purpose of making alterations
or repairs, or for any other good cause necessitating any such
'~ temporary shut off.
5.27 Reasonable Service Conditions
5.27.1 The County 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 County may require that pretreatment, flow
regulations, or other remedial, preventive, or corrective facilities
be installed at the expense of the connector, when the situatio~ so
warrants the provision and use of such facilities.
5.27.2 The County shall have the authority to halt or eliminate
immediately and effectively, upon notice to the User in accordance
with Section 7.5 of this ordinance, any actual or threatened
discharge of pollutants to the POTW which presents or may present an
im~inent, or substantial endangerment to the health or welfare of
persons.
5.28 'Baseline Report
· 5.28.1' Within 180 days after the effective date of a
categorical Pretreatment Standard, all Industrial Users subject to
· Pretreatment Standards shall submit to the County a'report containing
the following in'formation:
5.28.1.1 The name and address of the facility including ~he
name of the operator and Owners;
5.28.1.2 A list of any environmental control permits held by
6r for the facility;
5.28.1.3 A brief description of the nature, average rate of
· production and Standard Industrial Classification of the operations.
This description shall include a schematic diagram of points of
discharge to the POTW'from regulated processes;
5.28.1.4 The measured maximum single day flow, peak one hour
flow, and the average daily flow from each process stream, in gallons
per day;
5.28.1.5 The Pretreatment Standards applicable to each
regulated p=ocess. The User shall submit the results of sampling and
· analysie 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 concentrations. 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 stream 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 Samples 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 Utilities
Administrator determines that Part 136 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 County and the Administrator. The County
· 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
~epresentative of normal work cycles and expected pollutant
discharges to the POTW; and
5.28.1.6 A statement reviewed and signed by an authorized
rep~esentative of the Industrial User and.certified to by a qualified
professional engineer indicating whether Pretreatment Standards are
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being met on a consistent basis and, if not, whether additional
operation and maintenance and/or additional pretreatment is required
for the industrial user to meet the Pretreatment Standards and
Requirements.
5.29 Compliance Schedule
5.29.1 The County shall require Industrial Users to develop
compliance schedules required to meet Pretreatment Standards. The
proposed compliance schedule shall be submitted to the County 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
~rogress report to the County including whether or not it complied
with the increments of progress to be met on such date and, if not,
the date on Which i't expects to comply with this increment of
progress, the reason for the delay and measures being taken to return
to the schedule established.
5.30 Compliance Date Report
5.30.1 A Industrial User subject to the National Categorical
Pretreatment Standards and associated Pretreatment Requirements will
submit to the County within ninety (90) days following the date for
~inal 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
con~entration, 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 consistent
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 repregentative of the industrial
user and shall be certified by a qualified engineering professional.
S.31 Periodio ComplianCe Reports
5.31.1 A User subject to the National Categorical Pretreatment
Standards and associated Pretreatment Requirements will submit to the
County during the months of June and December, unless required more
frequently in said Pretreatment Standards or by the County, 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 County and in consideration of such factors
as local high or low flow rates, holidays, budget cycles, etc., the
'County may decide to alter the months during which the compliance
reports are to be submitted by a particular User. These reports
shall be signed by an authorized representative of the industrial
user-prior to submittal.
5.31.2 The County may impose quantum limitations on Users in
· order to meet t~e applicable National Categoric'al 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 (1) 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 County of pollutants
contained 'therein which are limited by the applicable Pretreatment
Standards and associated Pretreatment Requirememts. The frequency of
monitoring will be prescribed in the referenced Pretreatment
Standards. All analyses will be performed in accordance with the
procedures established by the Administrator pursuant to Section
~.1304(g) of the Clean Water Act and contained in 40 CFR, Part 136 and
amendments thereto or with any other test procedures approved by the
Administrator. Sampling will be performed in accordance with the
%echniq~es approved by the Administrator. It should be noted that
~"~where 40 CFR, Part 136 does not include a sampling or ana~ytical
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 analytical
procedures approved by the Administrator.
6.1 Monitoring Facilities
' ' 6.1.1 The County shall require construction, operation and
maintenance, at the User's expense, of monitoring facilities to allow
'~i in~Pectt°n of the building sewer and/or internal drainage systems,
i'and 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
~ffectively 'under situations described by Paragraph 5.8 and Paragraph
'5.9 of this Ordinance. The monitoring facility should normally be
"situated on the User's premises, but the County' may, when such a
'location would be impractical or cause undue hardship on the User,'
allow the facility to be constructed 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
~anhole 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
ope'rating 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 County's requirements and
all applicable local construction standards and specifications.
6.2 Inspection an~ Sampling
6.2.1 ~ The County shall inspect the facilities of any User to
ascertain whether the purpose of this Ordinance is being met and that
all r.quir.ments er. 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 County, the S~ate or
the EPA ready access at all reasonable times t° all ' parts 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, 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
a~d/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 User shall make
necessary arrangements with their security guards so that upon
presentation of suitable identification, personnel from Collier
County, .the State and the EPA will be permitted to enter, without
.~i~..~i~..'delay, for the purposes of performing their specific
responsibilities.
· 6.3 Powers and Authority of Inspectors
6,.3.1 Duly authorized employees of the County bearing proper
'credentials and identification shall be admitted to all properties
for the purpose of inspection, observation, measurement, sampling and'
testing pertinent to discharge to the sewer system in accordance with
the provisions of this Ordinance.
6.3.2 While performing the necessary work on private
~roperties referred to herein, the authorized employees of the County
shall observe all safety rules applicable to the premises established
by the Owner.
6.3.3 Duly authorized employees of the County bearing proper
credentials and identification shall be permitted to enter all
- mmm Im
~' private properties through which the County 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. All entry and subsequent
work, if any, on said easement, shall be done in full accordance with
!~'~,' the terms of the duly negotiated easement pertaining to the private
property involved.
BE~'~ZON SL~RN - VIOLATIONS
"'9.'1 ' Penalties
.,.~ . . 7.1.1 If any person fails or refuses to obey or comply with or
~ :violates any of the provisions of this Ordinance, 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
($2,000.00) or by imprisonment not to exceed Sixty (60) days in the
C6unty Jaii, 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.
7.1.2 Nothing herein contained shall prevent or restrict the
County from taking such other lawful action in any court of competent
'Jurisdiction as is necessary to prevent or remedy any violation or
ili.~' non-compliance. Such other lawful actions shall .include, but shall
not be limi~ed'to, an equitable action for injunctive relief or an
action at law for damages.
~{' 7.1.3 Further, nothing in this Section 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.
' 7.1.4 All remedies and penalties provided for in this Section
'~'. shall be cumulative and independently available to the County and the
i~.I ~ County shall be authorized to pursue any and all remedies set forth
in this Section to the full extent allowed by. law.
m '045 , 139
7.2 Authority to Disconnect Service
7.2.1 The County may terminate water and wastewater disposal
services and disconnect a User from the system when:
7.2.1.1 Acids or chemicals damaging to sewer lines or the
treatment ~rocess are released into the sewer causing rapid
deterioration of these structures or interfering with proper
conveyance and treatment of wastewater; or
7.2.1.2 A governmental agency informs the County that the
effluent from the wastewater treatment plant is no longs= of a
quality permitted for discharge into a watercourse, and it is found
that the User is delivering wastewater to the County's system that
cannot be sufficiently treated or requires treatment that is not
provided by the County as normal domestic treatment; or
· 7.2.1.3 The User:
7.2.1.3.1 discharges ' industrial waste or wastewater that is. in
vfolation Of the permit issued by the approving authority,
'~,.. 7.2.1.3.2 discharges wastewater at an uncontrolled, variable
· rate in sufficient quantity to cause an imbalance in the wastewatsr
~'~'~- · treatment systems,
7.2.1.3.3 fails to pay a monthly bill for water or sanitary
~... sewer services when due, or
7.2.1.3.4 repeats a discharge of prohibited wastes into public
~.~'sewer.
.7.3 Suspense. on of Service
7.3.1 The County may suspend the wastewater treatment service
'and/or effluent permit when such suspension is necessary, in. the
opinion of the county, in order to stop an actual or threatened'
discharge which presents or may present an imminent or substantial
endangerment to the health or welfare of persons, to the environment,
causes interference to the POTW or causes the County to violate any
6ondition of its NPDES Permit.
7.3.2 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 event of a failure of the
person to 'comply voluntarily with the suspension order, the County
shall take such steps as deemed necessary including initiation of
legal action by the County Attorney and immediate severance of the
sewer connection, to prevent or minimize damage to the POTW system or
endangerment to any individuals. The County shall reinstate the
effluent pemmit and/or the wastewater treatment service upon proof of
the elimination of the non-complying discharge. A detailed written
statement submitted by the User describing the causes of the harmful
contribution and the measures taken to prevent any future occurrence
shall be submitted to the County within 15 calendar days of the date
of occurrence.
7.4 Revocation of Permit
7.4.1 Any User who violates the following conditions of this
Ordinance or applicable State and Federal regulations, is subject to
.~aving his 'permit revoked in accordance with the procedures · of
tS6ction 7.$ of this Ordinance=
~.',i 7.4.1.1 Failure of a User to report factually the wastewater
i[.i ,~Constituents and characteristics of his discharge.
7.4.1.2 Failure of the User to report significant changes in
operations,.or wastewater constituents and characteristics.
7.4.1.3 Refusal of reasonable access to the user's premises for
'the purpose of inspection or monitoring.
7.4.1.4 Violation of conditions of the permit.
· 7,5 Notice of Disconnection, suspension, Revocation
The County shall notify User in writing prior to disconnecting,
'suspending or revoking User's service or permit. 'S'aid notice ..will
inform User of the sections of this Ordinance he is violating, state'
what corrective action must be taken, and state the time peri'od
necessary for said corrective action. Failure to comply with the
notice will result in disconnecting, suspending or revoking User's
~ervice or permit. However, County 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
tek'eh.
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SECTION EIGHT - CONFIDENTIAL INFORMATION
S.1 Confidential Information
8.1.1 Information and data on a User obtained from 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 County
that the information is not a public record and is clearly within an
exemption outlined in the public record laws of the State of Florida.
8.1.2 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 governmental
agencies for. uses related to this Ordinance, the State disposal
~e.rmitting.system and/or the State and Federal pretreatment programs;
provided, however, that such portions of a report shall be available
· for use by the State or other state agency in Judicial review or
ii,::..:enforcement proceedings involving the person furnishing the report.
Wastewater constituents and characteristics will not be recognized as
· 'confidentiai information.
~.!.. 8.2 Notwithstanding any of the provisions of this Section of
[i this ordinance, nothing shall be construed or interpreted to require
' Collier County.to violate any public records laws of the S~ate of
Florida, allowing public access to records of Collier County, nor
shall it require Collier County to violate any United States
' Government or Federal act or law, requiring disclosure of public
records. Any release of information or disclosure made by the County
in ·order to comply with such laws should not give rise to a cause by
any User, based on the release of such information.
~ECTION NINE - SERVICE CHAR~ES AND FEES
9.1 Purpose
It is the purpose of this Section to provide for the recovery of
' COSTS from Users of the Collier County Water-Sewer District's
wastewater disposal .system for the implementation of the program
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established herein. The applicable charges or fees shall be set
forth by Resolution of the Collier County Board of County
,:Commissioners as the governing body of Collier County, Florida, and
'as ex-officio the governing board of the Collier County Water-Sewer
District.
:,', It is hereby determined necessary to fix and collect sewer
C ,
service charges from customers. Such charges shall be published
separate from this ordinance and.the revenue received shall be used
for operation, maintenance, ·debt retirement and other authorized
' :...~ expenses.
9°3 Charges and Fees
The Collier County Water-Sewer District may adopt charges and
~¢'fe~s Which'may include:
~,..' 9.3.1 fees for reimbursement of costs of setting up and
i;'j'/°perating the County's pretreatment program
9.3.2 fees for. monitoring, inspection and surveillance
procedures
9.3.3 fees for reviewing accidental discharge procedures and
".''~Onstruction
9.3.4 fees for permit applications
9.3.5 'fees for filing appeals
· 9.3.6 fees for consistent removal (by the County) of
:: ./,~ pollutants otherwise subject to Federal Pretreatment Standards
9.3.7 amount of effluent bond .
9.3.8 fees for special arrangements
9.3.9 other fees as the County may deem necessary to carry out
the requirements contained herein.
9.3.10 These fees relate solely to the matters covered by this
6rdinance and are separate from all other fees chargeable by the
,., '-36-
SECTION TEN - CONFLICT, SE~ERAEILITY, EFFECTIVE DATE
10.1 Conflicting Ordinances
All ordinances or parts of ordinances in conflict herewith are
hereby repe~led, but to the extent of such conflict only.
10.2 Sevsrability
If any section, phrase', sentence or portion of this ordinance is
· for any reason held invalid or unconstitutional by any court of
'competent Jurisdiction, such portion shall be deemed' a separate,
distinct, and independent provision, and such holding shall not
effect the validity of the remaining portion.
X0.3 Effective Date
This O~dinance shall ' become effective upon receipt of notice
t~at 'this ~rdinance has been filed with the Secretary of State.
PASSED and duly adopted by the Board of County Commissioners of
Collier County, Florida, and as ex-officio governing body of the
· Collier County Water-Sewer District. This day'
A.D. 1991.
~:/~ ATTEST:' BOARD OF COUNTY COMMISSIONERS
'!',JAMES C. GILES, .Clerk COLLIER COUNTY, FLORIDA,
EX-OFFICIO THE GOVERNING BOARD
"' )" OF THE COLLIER COUNTY
-,, ~ WATER-SEWER DISTRICT
aS~ ~=..':form and
This ordinance fired with the
. ~Ass:Lsta~t County ~ttorney Se~tory of~t?.a~ Offlc/e~e/
and acknowl~ge~f that
fl~ received t~ ~
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~TATE, OF FLORIDA ) .
OF 00LLIER )
I, JAMES C. GILES, Clerk of Courte An and for the
(~i}i~]ifTwentleth'Judt¢lal Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 91-69
~'. ~htCh ~as'adop~ed b~ the Board of County Co~isstoners on
.the 30th day of July, 1991, during Re~lar Session.
WI~SS my hand and the official seal'of t'he Board
da~ of July, 1991.
J~ES C. GILES
Clerk of Courts and Clerk,.,[[l:
Ex-officio to'Board of
County Commissioners ?. ., .
$~: /s/~aureen'~en~on. ¢5, ,' "'
Deputy Clerk '",-_
-
.