(a) Purpose. The purpose of this chapter is to provide for the maximum possible beneficial public use of the City's wastewater facilities through regulation of sewer construction, sewer use, and wastewater discharges; to provide for equitable distribution of the costs of the City's wastewater facilities; and to provide procedures for complying with the requirements contained herein.
(b) Scope.
(1) The definitions of terms used in this chapter are found in Section 932.01
. The provisions of this chapter shall apply to the discharge of all wastewater to facilities of the City. This chapter provides for use of the City's wastewater facilities, regulation of sewer construction, control of the quantity and quality of wastewater discharges, wastewater pretreatment, equitable distribution of costs, assurance that existing customers' capacity will not be preempted, approval of sewer construction plans, issuance of wastewater discharge permits, minimum sewer connection standards and conditions, and penalties and other procedures in cases of violation of this chapter.
(2) This chapter shall apply to the City of Sebring and to persons outside the City who are, by contract or agreement with the City, users of the City's wastewater sewers or wastewater treatment facilities.
(c) Administration. Except as otherwise provided herein, the Manager of the City's wastewater system shall administer, implement and enforce the provisions of this chapter.
(d) Notice of Violation. Any person found in violation of this chapter or any requirement of a permit issued hereunder, may be served with a written notice stating the nature of the violation and providing a reasonable time limit for compliance. Any such notice given shall be in writing and served in person or by registered or certified mail. The notice shall be sent to the last address of the violator known to the Manager. Where the address is unknown, service may be made upon the owner of record of the property involved. A written appeal may be filed within ten days of notice date. Appeals shall be addressed to and be heard by City Council. If satisfactory action is not taken in the time allotted by the notice or the appeals decision, subsection (e) hereof shall be implemented.
(e) Violations.
(1) A person who continues to violate the discharge provisions of this chapter beyond the time limit provided for in subsection (d) hereof, may be charged with commission of a misdemeanor and upon conviction thereof, shall be fined not more than one hundred dollars ($100.00), for each day the violation continues, or may be subject to disconnection from the City's wastewater facilities.
(2) Each day or portion thereof a violation continues shall constitute a separate violation.
(f) Fees and Charges.
(1) Pursuant to 40 CFR 35.928 all fees and charges payable under the provisions of this chapter shall be paid to the City. Such fees and charges shall be as follows:
Sewer Inspection: | |
Class I Residential | $100.00 |
Class II Commercial | $200.00 |
Class III Industrial | $300.00 |
Storm Sewers (all) | $100.00 |
(Ord. 1463-90. Passed 5-29-90; Ord. 1603-97. Passed 5-27-97.)
(2) All fees, penalties and charges collected under this chapter (and the wastewater service charge ordinance) shall be used for the sole purpose of constructing, operating or maintaining the wastewater facilities of the City, or the retirement of debts incurred for same or payment of Industrial Cost Recovery if required pursuant to Federal Law.
(3) All fees and charges payable under the provisions of this chapter are due and payable upon the receipt of notice of charges. Unpaid charges shall become delinquent and shall be subject to penalty and interest charges as provided for in the latest edition of the City's Wastewater Service Charge Ordinance.
(4) Each user of the system shall be notified at least annually in conjunction with a regular bill, of the rate and the portion of the sewer service charge which is attributable to operation, maintenance and repair for Wastewater Treatment Services.
(g) Inspections.
(1) The Manager, bearing proper credentials and identification, shall be permitted to enter properties at any reasonable time for the purpose of inspection, observation, measurement and sampling of the wastewater discharge to ensure that discharge to the City's wastewater facilities is in accordance with the provisions of this chapter. This may require the owner of any premises which discharges to the system to install a control manhole together with such necessary meters and other appurtenances to facilitate sampling and measuring of discharges.
(2) The Manager, bearing proper credentials and identification, shall be permitted to enter all private property through which the City holds an easement for the purposes of inspection, observation, measurement, sampling, repair and maintenance of any of the City's wastewater facilities lying within the easement. All entry and any subsequent work on the easement, shall be done in full accordance with the terms of the easement pertaining to the private property involved.
(3) While performing the necessary work on private properties referred to in subsection (g)(1) and (2) hereof, the Manager shall observe all safety rules established by the owner or occupant of the property and applicable to the premises.
(4) During the performance on private properties of inspections, wastewater sampling or other similar operations referred to in subsections (g)(1) and (2) hereof, the owner or occupant shall be:
A. Held harmless for personal injury or death of the Manager and the loss of or damage to City supplies or equipment;
B. Indemnified against loss of or damage to property of the owner or occupant by the Manager; and .
C. Indemnified against liability claims asserted against the owner or occupant for personal injury or death of the Manager or for loss of or damage to property of the City, except as such may be caused by negligence or failure of the owner or occupant to maintain safe conditions as required by Section 932.07
.
(h) Vandalism. No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment, which is part of the City's wastewater facilities. Any person who violates this section shall be guilty of a misdemeanor and, upon conviction, is punishable by a fine in an amount not to exceed two hundred fifty dollars ($250.00).
(i) Severability. A finding by any court or other jurisdiction that any part or provision of this chapter is invalid shall not affect the validity of any other part or provision of this chapter which can be given effect without the invalid parts or provisions.
(j) Amendments. Public notice shall be given in accordance with applicable provisions of the City Charter, other City ordinances prior to adoption of any amendments of this chapter.
(Ord. 1463-90. Passed 5-29-90.)