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HomeMy WebLinkAbout1388-19 Sewer INSTR#2019186911 OR BK 9999 PG 1872 Page 1 of 18 10/31/2019 03:10 PM Rcpt 2104617 Rec:154.50 DS:0.00 IT:0.00 Nikki Alvarez-Sowles,Esq.,Pasco County Clerk&Comptroller ORDINANCE NO. 1388-19 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS, FLORIDA CREATING A MASTER SEWER ORDINANCE CREATING CHAPTER 57 OF THE CITY OF ZEPHYRHILLS CODE OF ORDINANCES, REPEALING ALL PREVIOUSLY ADOPTED ORDINANCES RELATING TO SEWER SERVICES; PROVIDING FOR APPLICABILITY, REPEALER, SEVERABILITY,INCLUSION INTO THE CODE,AND AN EFFECTIVE I DATE. WHEREAS , the City Council has authority to adopt this ordinance through general home rule powers pursuant to Article VIII of the 1968 Florida Constitution,and Chapters 166 and 163,Florida Statutes;and WHEREAS,the City Council has determined that it is'in the City's interest to update the City's Code of Ordinances from time to time to assure that the Code of Ordinances adequately meet the needs of the City,and WHEREAS,the City Council finds that it is in the best interest of the City of Zephyrhills to repeal all previously adopted Sewer Ordinances,to create a new Chapter to be included in the Code of Ordinances dealing solely with subject of Sewer within the City of Zephyrhills;and WHEREAS,the City Council finds that it is in the best interest of the City of Zephyrhills to re-organize and simplify the Sewer Ordinances within the City of Zephyrhills;and WHEREAS,the City Council hereby finds and declares that this Ordinance is in the best interest of the public health,safety,and welfare,and that it advances a valid and important public purpose. r---T NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Zephyrhills,Florida,as follows: SECTION 1. RECITALS. The Whereas Clauses above are true and accurate and are incorporated by reference and made part of this Ordinance. SECTION 2. CITY OF ZEPHYRHILLS SEWER ORDINANCE: 57.1 DEFINITIONS For the purpose of this Ordinance,the following definitions shall apply unless the context clearly indicates or requires a different meaning. 1. ADMINISTRATOR City of Zephyrhills's Utilities Director or his/her designee. 2. APPLICANT.A potential customer or authorized agent of a potential customer. 3. APPLICATION.The written instrument by which a developer or a customer applies for sewer service of any sort. 4. APPROVING AUTHORITY.The City Council or its designated representative. is ' 5. BACKFLOW.Flow of water or other liquid into the potable water distribution system L- from an unintended source. 6. BOARD OF REVIEW.The City Council or its designated committee. 7. CITY.City of Zephyrhills Utilities Department and/or the governing body of the City. 8. CITY MANAGER.The City Manager or the City Manager's designee. 9. CONNECTION CHARGE.The charge established by the City for making the actual physical connection to the sewer system. Record and Return to: City Clerk's Office 5335 8th Street _1_ OR BK 9999 PG 1873 Page 2 of 18 10.CONSTRUCTION CONNECTION CHARGE.A charge payable to the City for a developer's utilization of oversized facilities paid for by other parties,including the City. 11.CONSTRUCTION COST.The cost to a developer less the City's oversizing cost,if any, described in this sub-Ordinance for the design and construction of all facilities as required to serve the developer's property and to connect to the City's sewer system. 12.CONSULTING ENGINEERS.The engineer or engineering firm or corporation responsible for professional engineering services provided for an assignment. 13.COOLING WATER The water discharged from any system of condensation,air conditioning,cooling,refrigeration,or other sources.It shall contain no polluting substances which would produce BOD or SS each in excess of ten parts per million by weight or toxic substances as limited in this code or other polluting substances which maybe limited in this article. 14.CROSS-CONNECTION.A physical connection or arrangement which could allow the movement of fluids between a potable water system and any other piping system,such as the reclaimed water system,or a system of unknown quality.Cross-connections are classified as either high hazard or low hazard. 15.CUSTOMER or CONSUMER Any person furnished sewer service by the City.A retail customer shall refer to the owner of the property served. 16.DEVELOPER.Any person developing a property for resale,rental,or lease at or to which sewer service is to be rendered by the City and who shall have the legal right to negotiate for such service.Where applicable,any person applying for the extension of sewers or force mains in order to serve a certain property. 17.DEVELOPMENT.Any proposed change in land use which alters the demands for sewer service. 18.DISCONTINUATION OF SERVICE. Cessation of sewer service or an appropriate method to ensure that no service can be received. 19.DOMESTIC USER Any user of sewer not classified an industrial user. 20.EFFLUENT. Sewage,water,or other liquid after some degree of treatment flowing out of any treatment device or facility. 21.FOG.Fats,oils,and grease.A material either liquid or solid composed primarily of fat, oil and grease of animal or vegetable sources.The term"fats,'oils and grease(FOG)", "grease",and"oil and grease(O&G)"are considered synonymous for the intent of this ordinance. 22.FOOD SERVICE FACILITY.Facilities that prepare and/or package food or beverages for sale or consumption,on-or off-site,with the exception of private residences.Food service facilities shall include,but are not limited to:food manufacturers;food packagers; restaurants;grocery stores;bakeries;lounges;hospitals;nursing homes;churches;and non- public schools. 23.GREASE.A material either liquid or solid composed primarily of fat,oil and grease of animal or vegetable sources.The term"fats,oils and grease(FOG)","grease",and"oil and grease(O&G)"are considered synonymous for the intent of this ordinance. 24.GREASE WASTE.Waste removed from a grease waste interceptor at service facilities, including,but not limited to,food service facilities,laundry or dry cleaning facilities,pet groomers,and hair salons. 25.GREASE WASTE INTERCEPTOR.A containment tank designed to collect,contain or remove food wastes,grease particles,and hair particles from the wastewater prior to discharge into the wastewater collection system.Grease waste interceptor also includes a grease waste interceptor that is a large containment box installed underground,normally outside of the service facility and smaller containment boxes located within the service facility that are undersink grease waste interceptors. -2- OR BK 9999 PG 1874 Page 3 of 18 26.GROUNDWATER.All water beneath the surface of the ground. 27.GUARANTEE DEPOSIT.The amount placed with the City by each customer as security for payment of the sewer billing records. 28.HAIR SALONS.Facilities that deal with cosmetic treatments for men and women. 29.HAZARD,HEALTH.A cross-connection or potential cross-connection involving any substance that could,if introduced in the potable water supply,cause death,illness,spread s disease,or have a high probability of causing such effects. 30.HAZARD,NONHEALTH.A cross-connection or potential cross-connection involving any substance that generally would not be a health hazard but would constitute a nuisance or be aesthetically objectionable,if introduced into the potable water supply. 31.IMPACT FEE.A charge for the proposed usage of the City facilities based on the average daily sewage flow in gallons per day,paid by a developer or a customer for utilizing portions of the City's sanitary sewer system held in a special fund to be utilized in accordance with regulations adopted by the City establishing such fees. 32.INDUSTRL4L USER.Any user of reclaimed water identified in the Standard Industrial Classification(SIC)Manual of the United States Office of Management and Budget as amended and supplemented including,but not limited to,the following divisions: SIC Codes 0100—0999:Agriculture,Forestry,and Fishing. SIC Codes 1000-1499:Mining. SIC Codes 2000—3999:Manufacturing. SIC Codes 4000—4999:Transportation,Communications,Electric,Gas,and Sanitary service. C_ 1i SIC Codes 7000—8999:Services. A user in the division listed may be excluded if it is determined that the user will introduce primarily segregated domestic waste or wastes from sanitary convenience. 33.INFLUENT. Sewage,raw or partly treated,flowing into any wastewater treatment device,pumping station,or related facilities. 34.LAUNDRY OR DRY CLEANING FACILITY.Facilities that provide laundry or dry cleaning service.A laundry or dry cleaning service is the activity of laundering,cleaning, dying,and pressing of articles such as clothing,linens,bedding,towels,curtains,drapes,and rugs.It also includes incidental mending or repairing.The term applies to services operating their own cleaning establishments as well as those contracting with other laundry or dry cleaning services.It also includes pickup and delivery laundry services performed by persons operating in their independent capacity and not as agent for another laundry or dry cleaning service. 35.LOT.Each individual lot in a mobile home park,each individual lot in a RV park,and each individual unit of a motel,hotel or apartment. 36.MAIN SEWER LINE.The major gravity sewer line in any specific development to which one or more lateral sewers may be tributary. 37.METER MEASUREMENT.The act of or result of determining the quantity of sewer supplied or being discharged by a user and determined by an instrument or device used for such measurements and approved by the Administrator or designee. 38.MUNICIPALITY.Any City,town,or village wholly or partly within the County. 39.O&G.Oil and grease.A material either liquid or solid composed primarily of fat,oil and grease of animal or vegetable sources.The term"fats,oils and grease(FOG)","grease",and "oil and grease(O&G)"are considered synonymous for the intent of this ordinance. -3- OR BK 9999 PG 1875 Page 4 of 18 40.OPERATIONAND MAINTENANCE.The process and act of keeping all facilities for supplying sewer in normal operation and in good state of repair including the replacement of such facilities when necessary. 41.PET GROOMING FACILITY.Facilities where a pet may;be bathed,brushed,clipped, or styled. 42.PLANNED EXTENSION.Future sewer extensions scheduled by the City with special provisions for payment thereof. 43.PLUMBING.All pipes,fittings,and appurtenances on the property owner's side of the property line or outside easement areas.This includes the property owner's extension from all service laterals up to and including the house plumbing. 44.PLUMBING OFFICIAL The Building Official or other City employee designated by the City Manager and who administers and enforces the provisions of the Standard Plumbing Code.The Building Official shall enforce the provisions of the Standard Plumbing Code within the boundaries of the City of Zephyrhills. 45.POINT OF CONNECTION.A point of entry given by the City to a customer/developer for the customer's/developer's point of utility connection into the City's collection system;the point at which the customer/developer receives service. 46.PVC PIPE.Polyvinyl chloride pipe. 47.SERVICE AREA.That incorporated area of the City and those unincorporated areas of Pasco County as designated by the City Council which are serviced by a regional or sub- regional wastewater treatment facility owned or operated,in whole or in part,by the City where development is required to connect to the regional or sub-regional facility unless otherwise provided in this article or within the designating resolution. 48.SERVICE COMMITMENT.The City's intent to provide service to a particular development or facility as expressed by the City's approval on a permit request to the State Department of Environmental Protection. 49.SERVICE COMMITMENT FEE.That fee established by the City for providing service commitments to developers in accordance with this article. 50.SERVICE LATERAL The connection extending from the point of connection at the sanitary sewer main in the street or easement to a customer's plumbing. 51.SEWAGE.A combination of the water-carried wastes from residences,business buildings,institutions,and industrial establishments together with such infiltration as may be present;often referred to as wastewater. 52.SEWAGE DISPOSAL SERVICE.The service provided by the City for the disposal of sewage including transmission,treatment,and effluent disposal. 53.SEWAGE DISPOSAL SERVICE CHARGE or SEWER CHARGE.The charge established for the disposal of sewage based upon volume discharged to the sewer or potable water consumption. 54.SEWAGE DISPOSAL SYSTEM.Also referred to as wastewater collection system,those works owned and operated by the City for the disposal of sanitary sewage,beginning with the last lift station of the sewer system,and embracing all conduits through which the sewage thereafter passes to the point of final disposition in a stream,canal,or retention pond, ... including such purification and treatment facilities and works as may be provided there in the course of such disposal. 55.SEWER or COLLECTION SEWER.The gravity flow sloping pipe facility installed in public streets,right-of-way,and easements for the collection and transmission of sewage. 56.SEWER SYSTEM.The complex municipal sewer system,including any sanitary sewers and lateral sewer lines or other sewer facilities heretofore constructed or acquired by the City,together with any and all improvements,extensions,and additions to the sewer system or any part thereof,hereafter constructed or acquired,and shall include,without being limited -4- Page 5 of 18 OR BK 9999 PG 1876 to,all lands or interest therein,plants,buildings,machinery,franchises,pipes,fixtures, equipment,and all property,real or personal,tangible or intangible,now or hereafter owned and used in connection with the sewer system. 57.SEWER SYSTEM OF THE CITY.The sanitary sewer collection system within the service area of the City that is operated by or on behalf of the City. 58.SURCHARGE.That part of the sewer service charge which shall be applied to cover added,extraordinary operation,and maintenance costs. C-r I‘ 59.SYSTEM.The entire sewer system of the City and all treatment and disposal facilities and pipelines owned or operated by the City and all systems connected thereto. 60.TESTING.The analysis of samples of wastewater. 61. TOXIC SUBSTANCE.Any substance whether gaseous,liquid,or solid which constitutes a hazard to human beings or animals or inhibits aquatic life or creates a hazard to recreation. 62.TURF FACILITY.Any facility which has ten or more acres of landscaped area such as golf courses,parks,school grounds,and cemeteries. 63. UNPOLLUTED WATER.Water discharged in its original state or water discharged which,after use for any purpose,is at least equal chemically,physically,thermally,and biologically to the water from its original source;i.e.,potable water,groundwater,river water,and stream water. 64. USER.Any person or premises receiving sewer services. 65.USER CHARGE. Charges assigned to each user which defray a proportionate share of the cost of operation and maintenance of the sewer system;often referred to as sewage disposal service charge. ;;7 66. UTILITIES DIRECTOR.Administrator for the Utilities Services branch of the City. L` 67. WASTEWATER.A term interchangeable with sewage/sewer. 68. WASTEWATER COLLECTION SYSTEM.A term interchangeable with sewage disposal system. 69. WASTEWATER FACILITY(WWF).Any or all of the wastewater collection/transmission system,treatment plant and process,and the reuse or disposal system. 57.2 APPLICATION FOR SERVICE 57.5.1 APPLICATION No person shall use the City sewer system without first making written application for the service to the City at least 14 working days,in the case of initial cut-in,before the service is desired,paying all costs,charges,fees,and deposits incident thereto.The application shall be on forms furnished by the City and the applicant shall agree,by acceptance of the service,to abide by all the provisions of this Ordinance and the applicable rules of the City in regard to the use of its sewer and sewage disposal system as may from time to time be operative and effective. Applications for service by firms,organizations,partnerships,associations,and corporations shall be tendered by only their duly authorized agents,and the official title of the party shall be assigned to the application. 57.5.1 SERVICE OUTSIDE CITY LIMITS Whenever any person desires to secure the services beyond the present lines of the City,the person shall make written application to the City Council or their designee,stating the name of the owner(s)of the property,the kind of services desired,and the purpose for which the service is required,giving a definite description and a definite location of the property where the service is to be rendered,and such other information as will aid the Council in determining the advantages to be derived from the service.The application shall be accompanied by a plat showing the route along which the lines are to be extended and where the connection with the -5- OR BK 9999 PG 1877 Page 6 of 18 City's existing line is to be made;and in the application there shall also be stated the name of the person,or members of the firm or presiding officer of the corporation making the request for service,with the post-office address of each.The application for service(sewer)shall be in compliance with established rules and regulations pertaining to execution of annexation agreements.All applications for service outside the City shall be carefully considered and examined,and if it is found that the service requested is feasible,and it will be to the best interest of the City to grant the application,before agreeing to the extension,it shall be required that the applicant give easement of way for constructing and maintaining the line,and until the easement is granted to the City,no service shall be allowed. 57.2 EASEMENTS The applicant shall grant or cause to be granted to the City,without costs,all rights,easements, permits,and privileges which are necessary for the rendering of sewer service.The rights, easements,permits,and privileges shall be executed to the City prior to connection to the City's system(s)or upon request by the City;thereafter,duly authorized employees of the City shall have access at all reasonable hours to the premises of the applicant for the purpose of installing or removing any of its property,examining pipes or fixtures,or for any purpose incidental to the rendering of sewer service(s). 57.3 PLUMBING INSPECTION No sewer service shall be connected until the plumbing connections incident thereto shall have been inspected and approved by the Public Plumbing Inspector.The authorized Plumbing Inspector for the City will be the following officials:The Building Inspector or his/her appointed representative,or the Administrator or his/her designee. 57.4 SEWER SERVICE RATES AND USAGE CHARGES The City Council does hereby find that the Sewer rates represent fair and reasonable sums assessed to provide for the use of,and reasonable availability for use,of the services and facilities of the City of Zephyrhills,by each user receiving service.Rates and/or charges are set by separate ordinance and/or resolution and are incorporated by reference. 57.5 SCHEDULE OF MISCELLANEOUS FEES CHARGE BY CITY 57.5.1 LATE FEES In addition to monies due,any bill which remains unpaid 21 days after the billing date will be charged with a late fee and the amount of this charge is determined by and may be changed by the City Council from time to time. 57.5.2 INSUFFICIENT FUND CHARGE(BAD CHECK) In addition to monies due,an additional charge shall be assessed for any checks returned unpaid because of,but not limited to,"insufficient funds","account closed"or"unauthorized signature". The amount of this charge is determined by and may be changed by the City Council from time to time. 57.5.3 DUMPING WASTE AT WASTEWATER TREATMENT PLANT There will be a charge of$10 for dumping waste at the wastewater treatment plant up to the first 20 gallons.There shall be a charge of$2 for each additional 10 gallons of waste dumped at the wastewater treatment plant.The Administrator or his/her designee has the authority to not allow dumping at any time,for any reason. 57.6 LIABILITY FOR CHARGES -6- OR BK 9999 PG 1$7$ Page 7 of 18 Liability for sewer service charges shall begin on the date the user is connected to the City's sewer mains,in accordance with the provisions of this Ordinance,and shall continue thereafter unless the user is disconnected for nonpayment or other cause.The City shall have the right to disconnect any use of sewer services for nonpayment of charges due for the services in accordance with sub-Ordinance 14. 57.7 CITY USE OF FUNDS COLLECTED The City Council does hereby find that the revenues generated by the rates and charges Et established for the sewer system are sufficient to cause the systems to be a financially self- supporting utility.The funds received from the collection of the charges or rentals authorized by this Ordinance shall be deposited daily with the City Treasury,and shall be accounted for and be known as the Utility Fund and when appropriated by the City Council,shall be available for the purpose of payment of the costs and expenses of the management,maintenance,and repair of the City's sewer system,and the wastewater pumping treatment and disposal works,and any surplus in the funds shall be used for the payment of the interest on the certificates issued and outstanding,or which may be issued,to provide funds with which to pay the City's portion of the cost of constructing the sanitary sewerage system,or part thereof,and the sewerage pumping treatment and disposal works and to retire the certificates when they mature,and/or for the enlargement or replacement of the sanitary sewerage system,pumping,treatment,and disposal works. 57.8 DEPOSITS 57.8.1 DEPOSITS REQUIRED All users of sewer services shall be required to pay a deposit to the City.Deposit amounts shall be determined by resolution of the City Council from time to time.RATEs OF DEPOSITS 57.8.3 RESIDENTIAL Individually metered residential and small commercial units receiving sewer service shall pay a deposit.The amount of this deposit is determined by and may be changed by the City Council from time to time. 57.8.3 COMMERCIAL USERS Commercial users sewer shall pay a deposit equaling the average consumption and charges of a similar use for a two-month period of time,the average being calculated from an annual period of time.If a similar use is nonexistent then a projected consumption rate and charge for a period of time of two months will be determined by the City at its discretion.If after a period of time, the projection is less than the actual disposal of wastewater,then the deposit will be increased and the user will be required to pay the difference within 15 days of notification. 57.8.3 REFUND OF DEPOSIT AFTER TERMINATION When service to any applicant is discontinued permanently,any remaining deposit,less any amounts due the City for services rendered,shall be refunded without interest. I�- ' 57.8.5 APPLICATION The deposit rates charged herein shall apply to any new user afterlthe effective date of this Ordinance.However,if a user has previously had service terminated for nonpayment or had a history of delinquency in payments,the City may at its option require that user to conform with the deposit rates established herein when reconnecting,transferring service,or applying for new service. 57.9 REQUIREMENT TO CONNECT TO CITY SYSTEMS 57.9.3 REQUIRED -7- OR BK 9999 PG 1879 Page 8 of 18 The owner,tenant,or occupant of each lot or parcel of land within the City which abuts a street, alley,or other public way containing a sewer service,or which is located within 200 feet thereof, and upon which lot or parcel a building or other inhabitable structure has been or shall be erected for residential,commercial,or industrial use,shall connect the building or structure to the sewer system or to any of the several and respective systems as may from time to time be extended so as to be or become available within the aforesaid distance,and shall thereafter refrain from using or cease to use any other method for the disposal of sanitary sewage,and shall thereafter pay all the charges,fees,and rates provided therefor.All the connections shall be in accordance with the rules and regulations adopted by the City Council,which rules and regulations may provide for reasonable charges for making the connection. A. The property owner shall be notified when water and/or sewer service is available to their property.Sewer and/or water service shall be considered available to an existing or new residential,commercial,or industrial building when the property line is within 200 feet of an existing or future water and/or sewer line. B. Sewer and/or potable water service charges shall be in effect within 365 days of notification of the availability of sewer and/or water service if connection is made before the expiration of 365 days,upon actual connection. C. The City shall notify the property owner of any on-site private sewer system of the availability of the central sewer system.No less than one year prior to the date the central sewer system will become available,the City shall notify the affected owner of the on-site private sewer system of the anticipated availability of the central sewer system and shall also notify the owner that the owner shall be required to connect to the central sewer system within one year of the actual availability. D. The owner shall have the option of prepaying the amortized value of the required Connection and/or Capacity Fee charges in equal monthly installments over a period not to exceed two years from the date of initial notification of anticipated availability. 57.9.3 FAILURE TO CONNECT No owner,tenant,or occupant of any such lot shall fail or refuse to connect with the sewerage system within a 365-day period of time upon receiving notice by the appropriate City official to connect the sewerage system. 57.9.3 UNAUTHORIZED CONNECTION No person shall connect to,or turn on,any sewer service or cut-in,interconnect,tap,or make any alteration to any main or distribution or collection pipe of the City's sewer water/system or permit any connection or tapping to be made to the City's water/sewer system,on his/her premises,or the premises occupied by him/her,or knowingly use the City's water/sewer service from connections in violation of any provision of this Ordinance,or any rules or regulations adopted by the City Council with respect thereto. 57.10 OWNER SEWER RESPONSIBILITIES 57.13.1 PROHIBITED SUBSTANCES It shall be unlawful to permit or cause the flow of any of the following substances into the sewer system of the City: A. Any grease,fatty material,offal,or garbage. B. Any stone dust,sand,dirt,gravel,sawdust,metal filings,broken glass,or any material which may cause or create an obstruction in the sewer. C. Gasoline,benzene,fuel oil,or any petroleum products or volatile liquids. -8- ORBK9999 PG 1880 Page 9of18 D. Milk or any liquid milk waste products in quantities in excess of ten(10)gallons during each 24-hour period. E. Products such as;Cat Litter,Pharmaceuticals and controlled substances,needles, ferrous or non-ferrous metal objects,rubber and elastics,Any material made from non-woven fibers or woven fibers such as"Disposable Wipes","Flushable Wipes", T "Wet Wipes"or any other material containing cloth or man-made fibers and polymers such as Nylon and Teflon(i.e.Dental Floss).Products and materials made —' from Rubber,Latex,and Nitrile.Plastics including feminine hygiene product applicators and wrappers,as well as floss picks and cotton swabs should also be included. F. Storm water,surface water,groundwater,roof runoff,subsurface drainage, swimming pool drainage,air conditioning system condensate water,and non- contact cooling water. G. Any other substances that can cause harm to the collection or treatment systems. 57.13.2 CHEMICALS It shall be unlawful to cause or permit to flow into the sewer system any cyanide,phenols,or any other chemical substance which interferes with,or prevents the functioning of,the wastewater treatment plant. 57.13.3 INTERCEPTION(FOG) Refer to sub-Ordinance 20. 57.13.4 BIOCHEMICAL OXYGEN DEMAND LIMITS A. The admission into the public sewers of any waters or wastes having the following shall be subject to the review and approval of the City. B. A 5-day BOD greater than 250 parts per million by weight of suspended solids;or C. Containing more than 1,000 parts per million by weight of suspended solids;or D. Having an average daily flow greater than 2%of the average daily sewage flow of the City. E. Where necessary,the owner shall provide,at the owner's expense,such preliminary treatment as may be necessary to reduce the BOD to 250 parts per million and the suspended solids to 1,000 parts per million by weight,or reduce objectionable characteristics or constituents to within the maximum limits provided for,or control the quantities and rates of discharge of the waters or wastes.Plans,specifications,and any other pertinent information relating to I' :F e: proposed preliminary treatment facilities shall be submitted for the approval of the City,and no construction of the facilities shall be commenced until the approvals are obtained in writing. 57.13.5 PLUMBING MAINTENANCE The owner,tenant,or occupant of the property shall be continuously responsible for maintaining and keeping the sewer pipes leading to and between the plumbing system of the premises to the City's main,clean and free from obstructions,and shall not cause,suffer,or permit any article or thing to be introduced into the pipe which causes a stoppage thereof.Installed clean-out caps be maintained and present to prevent surface water,rainwater,and debris from entering the system. _9_ OR BK 9999 PG 1881 Page 10 of 18 Failure to keep the pipes leading from the plumbing pipes to the sewer main clean and maintained in proper condition shall give the City the right to cut off the potable water connection,which shall not be reconnected until sewer pipes are cleaned and maintained properly. 57.10.6 CORROSIVES OR INFLAMMABLES No person shall make or maintain any connection with any public or private sewer,or appurtenances thereof,whereby there may be conveyed into the same any suffocating corrosive or flammable,or explosive liquid,gas,vapor,substance,or material. 57.11 NON-LIABILITY OF THE CITY The City shall not be liable for any damage resulting from bursting of any sewer mains,service pipe,or service connection or by discontinuing the operation of its sewerage collection treatment and disposal facilities for repairs,extensions,or connections,or from the accidental failure and possible back-up of the sewerage collection,treatment,and disposal system,from any cause whatsoever.In case of emergency,the City may restrict the use of its wastewater collection system in any reasonable manner,for the protection of the City and its wastewater collection system. 57.12 CONNECTION BY CITY No person,except those persons duly employed or authorized by the City for such purposes, shall tap or make any connections to the City's sewer mains or lines.No person other than an authorized City employee shall enter any public sewer or appurtenances thereof without a written permit from the City. 57.13 EXTENSION OF EXISTING SYSTEMS 57.13.1 CITY APPROVAL OF ROUTES Before allowing or agreeing to any extension of the sewer system,the City Council shall approve the route to be adopted for the extension,and shall require the applicant to procure and deliver to the City deeds conveying the easement of way or the entire route proposed for the constructing and maintenance of the extension.Upon completion of the extension,and the extension being inspected and approved by appropriate officials,the applicant shall transfer and assign the same to the City by deed of conveyance,vesting title to the lines in the City. 57.13.2 CosT 57.13.3 The entire cost of extension of the sewer system shall be borne by the person applying for the service.The costs incurred by the applicant shall not be reimbursed to the applicant.This expenditure by the applicant is a direct result of the applicant's desiring to obtain the fullest degree of public health and safety for his usage. 57.13.3.1 When any applicant shall propose to construct off-site sewer improvements of sufficient capacity to serve other users,City Council may at its discretion,should it determine it to be in the City,'s best interest,permit up to 50% _ . of the connection fees required by sub-Ordinance 2 of this Ordinance to be used for the cost of extending utility services.If the amount approved by the City is equal to,or in excess of,the costs of constructing the extension,then upon payment of the amount prior to construction the City may at its option construct or have constructed the extension.If the amount approved by the City is not a significant part of the total cost of any utility extension,then the City at its option may allow _10_ Page 11 of 18 OR BK 9999 PG 1882 • the applicant a partial credit against future connection fees due and payable in sub- Ordinance 2 of this Ordinance. 57.14 DISCONTINUING SERVICE FOR NON-PAYMENT 57.14.1 It is the policy of the City to discontinue utility service to customers by reason of nonpayment of bills only after notice and a meaningful opportunity to be heard on :-7 disputed bills.The City's form for application for utility service and all bills shall f.; contain,in addition to the title,address,room number,and telephone number of Li the official in charge of billing,clearly visible and'easily readable provisions to the effect: A. That all bills are due and payable on or before the date set forth on the bill;and B. That if any bill is not paid by or before that date,a disconnect notice will be mailed containing a cutoff date.If the bill is not paid within 10 days of the disconnect notice date,services will be discontinued for nonpayment;and C. That any customer disputing the correctness of his bill shall have a right to a hearing at which time he may be represented in person and by counsel or any other person of his choosing and may present orally or in writing his complaint and contentions to the City official in charge of utility billing.This official shall be authorized to order that the customer's service not be discontinued and shall have the authority to make a final determination of the customer's complaint. 57.14.2 Requests for delays or waiver of payment will not be entertained;only questions of f'. { proper and correct billing will be considered.In the absence of payment of the bill E =" rendered or resort to the hearing procedure provided herein,service will be discontinued at the time specified,but in no event until the charges have been due and unpaid for at least 30 days. 57.14.3 When it becomes necessary for the City to discontinue utility service to a customer for nonpayment of bills,service will be reinstated only after all bills for service then due have been paid,along with a reconnect charge as detrerminined by City Council from time to time. 57.15 UNLAWFUL TO TAP OR MAKE CONNECTIONS It shall be unlawful for any person to tap or make any connection with the City sewer mains or pipes other than owners of property within,or on,their own property without first procuring therefor a written permit from the City.See Section 22 for penalty. 57.16 TAMPERING It shall be unlawful for any person not authorized by the City to tamper with,alter,or injure any part of the City wastewater system.See Section 22 for penalty. j L.._ 57.17LIEN 57.17.1 In addition to the provisions heretofore set forth,in the event the charges for sewer services are not paid within 30 days after rendition of the bill for the service,the charges shall be deemed and are declared to be delinquent;and thereafter the delinquency shall constitute a lien upon the real estate for which the service is supplied;and the City Manager is authorized and directed to file sworn statements showing the delinquencies in the office of the Clerk of the Circuit Court in,and for,the County;and the filing of the statements shall be deemed notice of the lien of such charges for the service.This statement shall contain the legal description of the premises served,the amount of the unpaid bill,and a notice that the City -11- OR BK 9999 PG 1883 Page 12 of 18 claims a lien for this amount as well as for all charges for sewer seined subsequent to the period covered by the bill. 57.17.2 If the consumer of sewer whose bill is unpaid is not the owner of the premises,and the City Manager has notice of this,notice shall be mailed to the owner of the premises,if his address is known to the City Manager,whenever the bill remains unpaid for a period of 60 days after it has been rendered. 57.17.3 The failure of the City Manager to record the lien claim or to mail the notice,or the failure of the owner to receive the notice,shall not affect the right to foreclose the lien for the unpaid sewer bill as mentioned in sub-Ordinance 18. 57.18 FORECLOSURE OF LIEN 57.18.1 Property subject to a lien for unpaid sewer charges shall be sold for nonpayment of the same;and the proceeds of the sale shall be applied to pay the charges,after deducting costs,as in the case of the foreclosure of statutory liens.The foreclosure shall be by bill in equity in the name of the City. 57.18.2 The City Attorney is authorized and directed to institute the proceedings in the name of the City in any court having jurisdiction over such matters against any property for which the sewer bill has remained unpaid 60 days after it has been rendered,and the owner shall be liable for all costs,including a reasonable attorney fee. 57.19 MISCELLANEOUS PROVISIONS 57.19.1 Use of Sewerage System by City The City or any department or instrumentality thereof availing itself of the services and facilities of the sewerage system shall pay for the users of the service and facilities at the established rate unless exempted by action of the City --' Council. 57.19.2 Adjustments for Leaks The City shall not be responsible for any loss of water from leaks,breaks,or otherwise on private property.The City shall not be responsible for any loss of water due to customers failed water delivery system and shall be under no obligation to make sewer billing adjustments for such leaks. 57.20 GREASE PREVENTION PROGRAM(FOG) 57.20.1 ADMINISTRATION The Administrator shall administer,implement,and enforce the provisions of this sub- Ordinance. 57.20.2 GREASE WASTE INTERCEPTOR GENERAL REQUIREMENTS Grease waste interceptors shall be required at all service facilities,including,but not limited to, food service facilities,laundry or dry cleaning facilities,pet groomers,and hair salons,in the City of Zephyrhills.If grease waste is produced in quantities that could otherwise cause line stoppage or hinder grease waste disposal as determined by the Administrator.All fixtures within such service facilities which may introduce fats,oil,grease,silt,sand,or hair into the wastewater collection system must be connected through the grease waste interceptor,including sinks, dishwashers,clothes washers,automatic hood wash units,floor drains,and any other fixture which is determined by the Administrator to be a source of fats,oil,grease,sand,silt,or hair.In no case shall grease waste be introduced into the wastewater collection system. 57.20.2.1 GREASE WASTE INTERCEPTOR INSTALLATION _12- OR BK 9999 PG 1884 Page 13 of 18 Grease waste interceptor location,design,and sizing shall be based upon the requirements found in the plumbing provisions of the Florida Building Code and implementing administrative rules. 57.20.2.2 Existing Service Facilities Existing service facilities that do not have a grease waste interceptor shall install a properly sized interceptor(s)in accordance with the plumbing provisions of the Florida Building Code. Plumbing connections shall be modified to accommodate the grease waste interceptor to comply with this sub-ordinance within 365 days from the effective date of this sub-Ordinance,unless , otherwise directed by the Administrator in writing. 57.20.2.3 UPGRADE OR REPLACE EXISTING GREASE WASTE INTERCEPTOR Existing service facilities that have a grease waste interceptor and are not in compliance with this sub-Ordinance shall be required to upgrade or replace the existing grease waste interceptor in accordance with the Florida Plumbing Code within 365 days of first notification. 57.20.2.4 NEW SERVICE FACILITIES All new grease waste interceptors installed at service facilities shall be of the type and capacity required by the plumbing provisions of the Florida Building Code and approved by the Administrator or his/her designee. 57.20.3 GREASE WASTE INTERCEPTOR MAINTENANCE A. Service facilities with interceptors having a greater than 20-gallon capacity are required to utilize a grease waste hauler permitted by Pasco County,Florida to pump grease waste from the grease waste interceptor.Any discharge,overflow or spill that leaves the confines of the grease interceptor and or sanitary sewer as a result of improper tt maintenance shall be classified as a"pass through"and shall result in a violation,subject f• to appropriate penalties,in accordance with sub-Ordinance 22,until such a time that the situation has been corrected and cleanup process is underway.Furthermore,the business owner or designee must notify the Florida Department of Business and Professional Regulations,Division of Hotels and Restaurants,within 24 hours of incident at its current listed telephone number. B. The service facility shall report pumping activities within five business days to the Administrator on the form so designated by the City of Zephyrhills for such purposes. C. In-ground grease waste interceptors shall be monitored at a minimum frequency of once for every 90(ninety)days to determine if the standard is met.The schedule for pumping shall be established by the Administrator.A registered service facility may file a request for an alternate pumping frequency with the Administrator.Based on the results of the monitoring report and the deviation from the standard,if any,the Administrator may adjust the pumping frequency,but pumping frequency shall not exceed 180 days.If the standard is not met,an increased pumping frequency shall be required. D. The Administrator may require that,at the service facility's expense,appropriate t_ monitoring facilities,such as a control manhole,be installed. tom_ E. Grease waste interceptor cleaning and maintenance shall include pumping the grease waste interceptor until empty,and cleaning the side walls,baffle walls,cross-pipes and inlet and outlet pipes.Internal piping shall be immediately restored to their original design configuration should any damage occur.If multiple grease waste interceptors are installed,all traps in the series must be pumped and cleaned according to the maintenance schedule. F. No emulsifiers,grease cutters or other chemicals,which could cause grease to pass through the grease waste interceptor may be used in the maintenance of a grease waste -13- OR BK 9999 PG 1885 Page 14 of 18 interceptor or its drain lines.A live bacterial product,which does not contain any enzymes,surfactants,emulsifiers,or substances that act as solvents for fat and does not affect the wastewater collection system may be used in thel cleaning and maintenance, upon approval by the Administrator and based on formulation and operational criteria such as safety data sheets. G. Grease interceptors must be pumped out completely and left empty.Decanting or pump and return of grease waste are prohibited. H. In-ground grease waste interceptors shall be pumped at a frequency that maintains a grease and oil layer of less than six inches on top of the grease waste interceptor and a solids layer of less than eight inches on bottom of the grease waste interceptor.The measurement point for determination of the grease and solids layer shall be adjacent to the outlet pipe. I. Undersink grease waste interceptors shall be monitored by the service facility at least once per week.Removal of grease waste and sediments is required when operational capacity is reduced to 80%or less.This is calculated by the volume of the top(grease) layer added to the volume of the bottom(sediment)layer,the sum of the layers is divided by the total operational volume-[(Top in3+Bottom in3)/total operational in3]. J. The service facility shall be responsible for opening access covers or manhole covers to the grease waste interceptor for inspection by the City of Zephyrhills. K. The grease waste interceptor area and monitoring facilities shall be maintained safe,clear of debris,and accessible at all times for observation,inspection,sample collection and flow measurement of the service facility's discharge to the wastewater collection system. L. Manholes shall be maintained at least to finish grade and will be maintained to prevent inflow. M. Upon discovery of a problem or damaged interceptor,the service facility manager shall notify the Administrator within 72 hours of the discovery)!A maintenance response by the service facility is required within 5(five)days. 57.20.4 SERVICE FACILITY IDENTIFICATION It is unlawful for any service facility that generates grease or produces grease waste to discharge same into the City of Zephyrhills's wastewater facilities without authorization from the Administrator. A. Authorization shall be given in the form of a grease waste registration certificate. Application for a grease waste registration certificate shall be made to the Administrator or designee.If,after examining the information contained in the application,the Administrator determines that the proposed service facility does comply with the provisions of this sub-Ordinance,a grease waste registration certificate shall be issued allowing the discharge of grease waste into the City of Zephyrhills's wastewater collection system.If the Administrator denies a service facility's application for a grease waste registration certificate,the owner of the service facility may appeal the Administrator's decision to the City Manager.To ripen the appeal,the owner of the service facility must submit a written request to the City manager stating the grounds for the appeal.The City manager's determination shall be final. B. Each grease waste registration certificate shall be issued for a 5-year period commencing from the date of the issuance. -14 ORBK9999 PG 1886 Page 15of18 C. The service facility shall apply for grease waste registration certificate re-issuance a minimum of 60 days prior to the expiration of the service facility's existing grease waste registration certificate. D. The term and conditions of the grease waste registration certificate may be subject to modification by the City of Zephyrhills during the teen of the grease waste registration certificate as limitations or requirements as identified in this sub-Ordinance are modified { or other just causes exist. E. The service facility shall be informed of any proposed changes in the issued grease waste registration certificate at least 60 days prior to the effective date of the changes.Any changes or new conditions in the grease waste registration certificate shall include a reasonable schedule for compliance. F. As condition precedent to the granting of a grease waste registration certificate,the recipient under this paragraph shall agree to hold harmless the City of Zephyrhills and the City of Zephyrhills's officers and employees from any liabilities arising from the recipient's operations under the grease waste registration certificate. 57.20.5 GREASE WASTE INTERCEPTOR MONITORING AND REPORTING A. Pumpage from a grease waste interceptor shall be tracked by a manifest that confirms pumping,hauling and disposal of waste.The manifest shall contain the following information: Grease waste interceptor information: Name Contact person Address Telephone number Volume pumped and interceptor capacity Date and time of pumping Name and signature of service facility manger verifying the service facility information. Great waste hauler information: Company name Address Telephone number Pasco County Permit Driver name and signature of grease waste hauler verifying grease waste hauler information and service. Truck decal Pasco County issue. Destination information disposal site or facilities: Company name/permit number(s) Contact person(s) -15 OR BK 9999 PG 1887 Page 16 of 18 Address Telephone number Location of disposal site/facility Volume received Date and time of delivery Signature of operator verifying disposal site and facility information. B. A log of pumping and maintenance activities shall be maintained by the service facility • manager for the previous 12 months.The log of pumping activities shall be posted in a conspicuous location for immediate access by the City of Zephyrhills personnel.The log shall include the date,time,maintenance performed or volume pumped,name of person performing the maintenance(hauler,plumber or vendor),and Pasco County decal number applicable to all work performed to the interceptor or associated plumbing. C. The service facility shall maintain a file on-site of the records and other documents pertaining to the facility's grease waste interceptor.The file contents shall include,but is not limited to,the record,as-built drawings,record of inspections,log of pumping activities and receipts,log of maintenance,and the file shall be available at all times for inspection and review by the Administrator.Documents in the file shall be retained and preserved in accordance with the City of Zephyrhills's public records retention policy. 57.20.6 ADDITIONAL REQUIREMENTS In addition to those facilities noted under sub-Ordinance 20,every building or premises used or occupied by any sewer user where any commercial or industrial operations are conducted or permitted which result in the discharge into the sewer system of the City of any of the products, waste products,or other substances in the manner and to the extent prohibited in this Ordinance shall be equipped with an adequate and suitable catch basin,grease trap,filter,or other interceptor,installed in such a manner that the products,waste products,or other substances herein set forth will not flow into or be discharged into the sewer system. 57.21 CITY POLICY FOR CROSS-CONNECTION CONTROL 57.21.1 AUTHORITY The intent of this policy is to establish parameters and procedures for eliminating existing cross- connections and preventing future cross-connections within the City's potable water system.The Department of Environmental Protection Rules and Regulations F.A.C.62.555.360 and American Water Works Association,M14 provides legal authority for establishing a cross- connection control program. 57.21.2 CROSS-CONNECTION CONTROL REQUIREMENTS 57.21.2.1 SERVICE CONNECTIONS I All connections to the City's potable water system shall be designed,installed,and maintained in • a manner to prevent contamination of the water distribution system.A back-flow prevention assembly may be required at the service connection as a method of on-site containment. 57.21.3 SEPARATION OF SEWER AND DOMESTIC/POTABLE WATER LINES Maximum obtainable separation of sewer lines and domestic or potable water lines shall be practiced.A minimum horizontal separation of three feet(outside-to-outside)shall be maintained between sewage collection lines.Smaller horizontal separation may be permitted with approval of the Department of Environmental Protection. 57.21.4 COLOR CODING -16- OR BK 9999 PG 1888 Page 17 of 18 That all water lines carrying sewage shall be color coded green. 57.21.5 BACKFLOW PREVENTION DEVICE AND CROSS-CONNECTION CONTROL REQUIREMENTS AND ENFORCEMENT For backlow prevention device and cross-connection control requirements and enforcement, refer to the Potable Water Ordinance. 57.22 PENALTY A. Any person who violates any provision of this Ordinance'for which no penalty is otherwise provided shall be guilty of a misdemeanor and shall be punished by a fine not exceeding$500 or imprisonment for a term not exceeding 60 days,or both the fine and imprisonment.Except where otherwise provided,every day any violation of this Ordinance shall continue shall constitute a separate offense. B. Any person convicted of a violation of sub-Ordinances 9.3.2, 12,or 16 shall be guilty of a misdemeanor by the second degree and punished as provided by the Florida Statutes. 57.22.1 PENALTY FOR UNAUTHORIZED EXTENSION Any unauthorized or unapproved extension or use of the sewer system for the purpose of avoiding the accurate metering of substances being discharged into the City sewer system shall be deemed a misdemeanor punishable by a fine in an amount not to exceed$1,000 and incarceration in the County Detention Center for a period not to exceed 30 days.In addition,the City may assess a civil penalty in an amount no less than the revenue determined to have been lost,but not in an amount to exceed twice the revenue determined to have been lost as a result • `` thereof. SECTION 3.REPEALER Any ordinance and/or resolution,or part of any ordinance and/or resolution,in conflict herewith is hereby repealed to the extent of any conflict. SECTION 4.SEVERABILITY It is declared to be the intent of the City Council of the City of Zephyrhills,Florida,that if any sub-Ordinance,subsection,sentence,clause,or provision of this Ordinance shall be declared invalid,the remainder of this Ordinance shall be construed as not having contained said sub- Ordinance,subsection,sentence,clause,or provision and shall not be affected by such holding. SECTION 5.INCLUSION IN CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of the City of Zephyrhills,Florida.The sub-Ordinances of this Ordinance may be renumbered or re-lettered and the word"ordinance"may be changed to"section","article"or such other appropriate word or phrase in order to accomplish such. --. EFFECTIVE DATE This Ordinance shall become effective upon passage on the second reading and signing by the Council President and the Mayor. The 9{dinart99/388-19 was read and passed on the first reading in an open and regular meeting of die City Counnl of the City of Zephyrhills,Florid. . this 9th day of Sept ber,2019. • Ci r;AtteSt: !�f/1iei / I / �'. 4to ;City L.Hill i n �' r Y Clerk "enneth M.Burge .,7rv., ouncil President cOU0„, • -17- OR BK 9999 PG 1 889 Page 18 of 18 • , .-Theforegoing.Ordinance 1388-19 was read and passed on the second reading,following a public • • 4erit ,lohipoil,and regular meeting of the City Coun it of the City of Zephyrhills,Florida, on thi 8th dY'o 'OCtober,2019. "At'es.q1,rege;04;i: Jai ,i Hillinan,City Clerk eth M.Burgess,J1of. (1.President .• TI4foTegoing.prtinance 1388-19 was approved by me this 28th day of October,2019. • • '•-•.61.irtiv.1/4..- • / 419 • • • • /1/ ' • • • Gene Whitfi id,Mayor • Approved as to legal form and legal content Matthew E.Maggard,City Attorney -18-