§ 57.04 RULES AND REGULATIONS.
   (A)   The following rules and regulations shall be considered part of the contract with all wastewater dischargers provided wastewater service by the city.
   (B)   Use of public sewers required.
      (1)   All premises shall be provided, by the owner thereof, with at least one toilet. All toilets shall be kept clean and in a sanitary working condition. Every flush toilet shall be connected to a public sewer where available or to a septic tank. Flush toilets shall be provided at all times with sufficient quantities of running water, under sufficient pressures, to flush the toilet clean after each use.
      (2)   No person shall dispose of human excrement except in a toilet.
      (3)   It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any sanitary sewage, wastewater, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
      (4)   Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage when a publicly owned sewer is available to, or within 200 feet of, the property.
      (5)   The owner of all houses, buildings, or properties used for human occupancy, employment, recreation or other purposes within the boundaries of the city with property lines located within 200 feet of a public sanitary sewer now in existence, or hereafter constructed, to which such house, building, or property shall be connected so that the sewage will flow therefrom and into such sewer line, is hereby required at his/her own expense to install suitable toilet facilities therein and to connect such facilities directly with the line of public sanitary sewer in accordance with the provisions of this chapter within 90 days after date of official notice by the city so to do.
      (6)   Sewer charges shall be in effect upon notification of the availability of sewer service.
      (7)   Connection to the public water system is a prerequisite to receiving wastewater service, provided a public water line is within 200 feet of the property line.
   (C)   Private sewage disposal.
      (1)   Where a public sanitary sewer is not available under the provisions of subsection (B)(5), the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section. It shall be unlawful for any person to construct or maintain any privy, privy vault or cesspool, and it shall be unlawful to maintain or construct any septic tank where a public sewer is available.
      (2)   Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit issued by the County Public Health Unit (hereinafter referred to as Health Department).
      (3)   A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Health Department. The Health Department shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Health Department when the work is ready for final inspection and before any underground portions are covered.
      (4)   The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the Health Department and the agency of the state having jurisdiction. No septic tank shall be permitted to discharge to any public sewer or natural outlet.
      (5)   At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in subsection (B)(5) above, a direct connection shall be made to the public sewer within 90 days after date of official notice by the city so to do in compliance with this chapter, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material, as outlined in Chapter 1OD-6, F.A.C.
      (6)   The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city.
      (7)   Any premises that has a septic tank, privy or any other sewage, industrial waste, or liquid waste disposal system, located thereon that does not function in a sanitary manner shall be corrected within 30 days from the receipt of written notification from the Health Department that the system is not functioning in a sanitary manner, and order that the system be corrected.
      (8)   No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the Health Department or the City Commission.
   (D)   Building sewers and connections.
      (1)   No unauthorized person shall uncover, make any connections with or openings into, use, alter or disturb any public sewer or appurtenances thereto without first obtaining a written permit from the city.
      (2)   A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another, and where a separate and independent building sewer cannot physically be located without passing beneath the building in front, or be constructed to the rear building through an adjoining alley, courtyard, or driveway. In such cases, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer, provided both buildings are under the same ownership. If the buildings are under different ownerships, the city shall require the owner(s) to enter into an agreement, meeting the requirements of the City Attorney, regarding ownership and maintenance of the building sewer.
      (3)   Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the city, to meet all the requirements of this chapter.
      (4)   The size, slope, alignment, materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code of the city and other applicable rules and regulations of the county and state. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply.
      (5)   Whenever possible, the building sewer shall be brought to the building at an elevation below the lowest finished floor. In all buildings in which any building drain is too low to permit gravity flow to the public wastewater collection system, wastewater carried by such building drain shall be lifted by an approved means, and discharged to the building sewer.
      (6)   No owner shall make connection of roof downspouts, exterior foundation drains, area drains or other sources of surface run-off or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to the public sanitary sewer system. All such existing connections shall be removed and corrected at the expense of the user.
      (7)   The connection of the building sewer into the public sanitary sewer system shall conform to the requirements of the building and plumbing code of the city, other applicable rules and regulations of the city and other procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9.
      (8)   The applicant for the building sewer connection permit shall notify the City Building and Plumbing Inspector when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made by a licensed plumber, under the supervision of the building inspector.
      (9)   All excavations for the building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from danger.
      (10)   If any house sewer permits entrance of infiltration or inflow, the director may:
         (a)   Require the owner to repair the house sewer;
         (b)   Charge the owner a sewer rate that reflects the additional cost of sewage treatment from the owner's property; and
         (c)   Require the owner to disconnect his sewer from the city's sewer system.
   (E)   Application for service.
      (1)   All applications for the introduction of water and wastewater service must be made to the city on blank forms which will be furnished for that purpose, stating fully the various uses to which the water is to be employed or from which the sewage will be generated.
      (2)   There shall be two classes of building sewer connection permits: (a) for residential service; and (b) for commercial service and establishments producing industrial wastes. In either case, the owner or his agent shall make application for sewer connection on a form furnished by the city. The application shall be supplemented by any plans, specifications and other information considered pertinent in the judgment of the city. Sewer connection, reserve capacity, impact, tap and inspection fees for any commercial or industrial building sewer connection shall be paid to the city at the time the application is filed in accordance with connection reserve capacity, impact, tap and inspection fee schedules as adopted by the city. All sewer service applications shall be submitted to the Public Utilities Department which will review and, if in order, will approve and forward one copy to the Building and Plumbing Inspector and one copy to the applicant.
      (3)   Any owner discharging industrial wastes into the public wastewater collection system at the time of the effective date of this chapter shall submit an effluent permit application on the required form within six months from the effective date of this chapter. All industrial wastewater dischargers proposing to discharge into the public sewers shall file with the city on forms furnished by the city an additional application for effluent permit, showing the volume, strength and characteristics of waste discharged or to be discharged into the public sewer. If determined necessary by the city, analyses of the representative wastes shall be made by an approved independent laboratory and submitted with the application. Following the initial approval, any change in the use of the premises or change in production or operation thereof which causes an alteration in the water use or waste volume, strength or characteristics, shall require an amended application to be filed and approved by the city prior to implementing the proposed alteration to the premises. All effluent permit and amended effluent permit applications will require payment of a fee at the time the application is filed. All review costs, in addition to the basic effluent permit fee, shall be borne by the user and paid prior to issuance of any effluent permit.
      (4)   It shall be unlawful for any user of the city's sewers to discharge industrial wastes into the public sewers without obtaining an effluent permit from the city. Applications for such effluent permits shall be made to the city on forms provided by the city. All information that the city deems necessary to determine potential impacts to the publicly owned treatment works shall be provided by the applicant.
      (5)   Effluent permits shall be issued to applicants by the city upon finding that the information set forth in the application will conform to the provisions of this chapter, and that the proposed use will be compatible with the capacity, process, treatment and nutrient load of the city's wastewater facilities. Effluent permits shall be valid for a term of three years from the date of issuance unless surrendered to, or revoked by, the city upon the realization that an industrial user is exceeding the peak quality and volume of effluent set forth in the original application and/or effluent permit conditions. In the event an industrial user proposes to make any change in the peak quality and volume of effluent during the term of the permit, resulting from increases in production and/or changes in the production profile beyond the scope of the effluent permit, such user shall file an amended application for a permit authorizing such change. Such permit shall not be assigned or transferred to a new owner, new user or different premises without the approval of the city. Effluent permits shall be renewed by completing the permit application form and subsequent review of the application and historical compliance records.
      (6)   Applications must be signed by the owner of the premises, or his duly authorized agent, and signed by the authorized representative of the city showing payment to the city of the applicable connection charges, reserve capacity charges, impact fees and deposits provided for prior to the initiation of the service.
      (7)   All applicants for service, whether or not such service is to be provided to property within the city's sewer service area, expressly agree as a condition of acceptance of service to abide by the rules and regulations delineated herein.
      (8)   All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
   (F)   Use of public wastewater system.
      (1)   No user shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof run-off, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any public wastewater collection system.
      (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 city. Industrial cooling water or unpolluted process waters may be discharged, on approval by the city, 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.
   (G)   Maximum concentrations allowed. All sewage service customers are prohibited to discharge concentrations of pollutants at any time above levels set in § 57.05.
   (H)   Pretreatment facilities - approval. If the city permits the pretreatment or equalization of waste flows, the design and installation of the equipment shall be subject to the review and approval of the city, and subject to the requirements of all applicable codes, ordinances, and laws.
   (I)   Pretreatment facilities - maintenance. 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 the owner's expense.
   (J)   Interceptors (traps). Grease, oil, and sand interceptors shall be provided when, in the opinion of the city, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or and flammable wastes, sand, or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwellings or dwelling units. All interceptors shall be of a type and capacity approved by the city, and shall be located as to be readily and easily accessible for cleaning and inspection. The minimum size of interceptors shall be in conformance with the State Plumbing Code, except that interceptors for restaurants of all types shall be 25 gallons of capacity per restaurant seat.
   (K)   Control manhole. When required by the city, 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 city. The manhole shall be installed by the owner at his/her expense, and shall be maintained by the owner so as to be safe and accessible at all times.
   (L)   Measurements, tests. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," Published by the American Public Health Association; shall be determined at the control manhole provided upon suitable samples taken at the control manhole; and shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether a 24 hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24 hour composites of all outfalls whereas pHs are determined from periodic grab samples.)
   (M)   Special arrangements. No statement contained in this section shall be construed as preventing any special agreement or arrangement between the city and any industrial user whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefore, by the industrial user.
   (N)   Special arrangements - determination of acceptability. In forming the opinion as to the acceptability of the wastes enumerated in § 57.05(B), the city 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.
   (O)   National categorical pretreatment standards. the promulgation of National Categorical Pretreatment Standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter. The city shall notify all affected users of the applicable reporting requirements under Rule 62-625.600, F.A.C., as amended from time to time.
   (P)   Alternative discharge limits. The user shall have the right to seek, at his/her 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 Chapter 62-625, F.A.C., as amended from time to time.
   (Q)   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 chapter.
   (R)   City's right of revision. The city reserves the right to establish more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives of this chapter.
   (S)   Excessive discharge. No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the National Categorical Pretreatment Standards, or in any other pollutant-specific limitation developed by the city or state.
   (T)   Pretreatment standards.
      (1)   Users shall provide necessary wastewater treatment as required to comply with the chapter 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 city shall be designed, constructed, operated, and maintained by the user at his/her expense with the prior approval of the city.
      (2)   All records relating to compliance with the referenced pretreatment standards shall be made available to the city, the state, and the EPA for examination and duplication upon request at no charge.
   (U)   Slug discharges.
      (1)   Each user shall provide the city protection from slug discharge of prohibited materials or other substances regulated by this chapter. Facilities to prevent slug discharges 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 city for review, and shall be approved by the city 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 year of the issuance of an effluent permit. No user who commences contributions to the POTW after the effective date of this chapter shall be permitted to introduce pollutants into the system until slug discharge procedures have been approved by the city. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this chapter. In the case of a slug discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.
      (2)   Within five days following a slug discharge, the user shall submit to the city 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 chapter or other applicable law.
      (3)   A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.
   (V)   Malicious damage. No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is a part of the wastewater facilities. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct and shall be responsible for any loss of revenue or monetary expenditures needed for repairs brought about by his/her actions.
   (W)   City's responsibility for normal maintenance. The city will be responsible for normal servicing, testing and repair of meters, mains, and all other plant and equipment belonging to the city.
   (X)   Temporary shut offs: claims against the city. The city reserves the right to shut off water or wastewater service temporarily whenever necessary for the purpose of making alterations or repairs. It is expressly stipulated by and between the city and its users that no claim shall be made against the city on account of interruption of water or wastewater service, whether deliberate or by accident.
   (Y)   Reasonable service conditions.
      (1)   The city reserves the right to refuse to provide, or to cease providing, water or wastewater service to any user 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 city may require that pretreatment, flow regulations, or other remedial, preventive, or corrective facilities be installed at the expense of the user, when the situation so warrants the provision and use of such facilities.
      (2)   The city shall have the authority to halt or eliminate immediately and effectively, upon informal notice to the user, 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.
   (Z)   Baseline report. Within 180 days after the effective date of a categorical pretreatment standard, all industrial users subject to pretreatment standards shall submit to the city a report containing the following information:
      (1)   The name and address of the facility, including the name of the operator and owners;
      (2)   A list of any environmental control permits held by or for the facility;
      (3)   A brief description of the nature, average rate of production and Standard Industrial Classification of the operations. This description shall include a schematic diagram of points of discharge to the POTW from regulated processes;
      (4)   The measured maximum single day flow, peak one hour flow, and the average daily flow from each process stream, in gallons per day;
      (5)   The pretreatment standards applicable to 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 concentrations. Where feasible, samples must be obtained through flow proportional composite sampling techniques specified in the applicable categorical pretreatment standard. Where composite sampling is not feasible, a grab sample will be accepted. Where stream flow is less than or equal to 250,000 gallons per day, the user must take three samples within a two-week period. Where stream flow is greater than 250,000 gallons per day, the user must take six samples within a two-week period. Samples should be taken immediately downstream from pretreatment facilities if such exist, or immediately downstream from the regulated process if no pretreatment exists. Sampling and analysis shall be performed in accordance with the techniques prescribed in Chapter 62-160, F.A.C., or amendments thereto. Where Chapter 62-160, F.A.C. does not contain sampling or analytical techniques for the pollutant in question, or where the director determines that Chapter 62-160, F.A.C. 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 city and the administrator. The city 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 are representative of normal work cycles and expected pollutant discharges to the POTW; and
      (6)   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 additional pretreatment is required for the industrial user to meet the pretreatment standards and requirements.
   (AA)   Compliance schedule. The city shall require industrial users to develop compliance schedules required to meet pretreatment standards. The proposed compliance schedule shall be submitted to the city for review and approval. This schedule shall be the time limit 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 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 city 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 the increment of progress, the reason for the delay and measures being taken to return to the schedule established.
   (BB)   Compliance date report. An industrial user subject to the National Categorical Pretreatment Standards and associated pretreatment requirements will submit to the city within 90 days following the date of final compliance with the pretreatment requirements and standards, 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 the pretreatment standards and associated pretreatment requirements being discharged to the POTW. This report will indicate whether the applicable pretreatment requirements and standards are being met on a consistent basis, and if not, what additional operation and maintenance procedures and/or pretreatment will be implemented to bring the user into compliance with the applicable National Categorical Pretreatment Standards and associated pretreatment requirements. This statement shall be signed by an authorized representative of the industrial user, and certified by a qualified engineering professional.
   (CC)   Periodic compliance reports.
      (1)   A user subject to the National Categorical Pretreatment Standards and associated pretreatment requirements will submit to the city during the months of June and December, unless required more frequently in the pretreatment standards or by the city, 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 city and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the city may decide to alter the months during which the compliance reports are to be submitted by a particular user. These reports shall be signed by an authorized representative of the industrial user prior to submittal.
      (2)   The city may impose quantum limitations on users in order to meet the applicable National Categorical Pretreatment Standards and associated pretreatment requirements, or in other cases where the imposition of quantum limitations is appropriate. In such cases, the compliance report required by subsection (1) above will indicate the quantity of pollutants regulated by the 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 city, of pollutants contained therein which are limited by the applicable pretreatment standards and associated pretreatment requirements. The frequency of monitoring will be prescribed in the referenced pretreatment standards. All analyses will be performed in accordance with the procedures established by the administrator pursuant to § 304(g) of the Clean Water Act and contained in Chapter 62-160, F.A.C. and amendments thereto or with any other test procedures approved by the administrator. Sampling will be performed in accordance with the techniques approved by the administrator. Where Chapter 62-160, F.A.C. 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 analytical procedures approved by the administrator.
(Ord. O-99-45, passed 12-1-99; Am. Ord. O-2001-41, passed 10-17-01)