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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. 36 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.., .... ' ' ·