Okaloosa County BOCC — August 2, 2016 — proposed Water & Sewer Ordinance (tracked changes version) — reading text

demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the Page 29 of 118  County designed to verify compliance with this ordinance or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the Director may seek issuance of a search warrant from the 1st Judicial Circuit Court in and for Okaloosa County, Florida. Sec. 24-141. - Pretreatment. Significant Users shall provide necessary wastewater pretreatment as required to comply with this article and shall achieve compliance with all Federal 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 Board shall be provided, operated and maintained at the User's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Board for review, and shall be acceptable to the Board before construction of the facility. The review of such plans and operating procedures will in no way relieve the User from the responsibility of modifying the facility as necessary to produce wastewater acceptable to the Board under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the Board prior to the User's initiation of the changes. All records relating to compliance with pretreatment standards will be made available to officials of the EPA or approval authority upon request. Sec. 24-142 - Certification statements. (1) Certification of Permit Applications and User Reports The following certification statement is required to be signed and submitted by Users submitting permit applications in accordance with Section 24-132 and Users submitting periodic compliance reports required by Section 24-138. The following certification statement must be signed by an Authorized Representative as defined in Section 24-102: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. (2) Annual Certification for Non-Significant Categorical Industrial Users—A facility determined to be a Non- Significant Categorical Industrial User by the Director pursuant to 24-132 must annually submit the following certification statement signed in accordance with the signatory requirements in Section 138(b)(5). This certification must accompany an alternative report required by the Director: Based on my inquiry of the person or persons directly responsible for managing compliance with the Categorical Pretreatment Standards under 40 CFR, I certify that, to the best of my knowledge and belief that during the period from __________, ________ to ________, ________ [months, days, year]: (a) The facility described as ____________________ [facility name] met the definition of a Non-Significant Categorical Industrial User as described in Section 24-102 (b) The facility complied with all applicable Pretreatment Standards and requirements during this reporting period; and (c) The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period. This compliance certification is based on the following information. Page 30 of 118  ________________________________________________ ________________________________________________ Sec. 24-143 - Regulation of waste received from other jurisdictions. (1) If another municipality, or User located within another municipality, contributes wastewater to the POTW, the Director shall enter into an inter-local agreement with the contributing municipality. (2) Prior to entering into an agreement required by paragraph (1), above, the Director shall request the following information from the contributing municipality: a. A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality; b. An inventory of all Users located within the contributing municipality that are discharging to the POTW; and c. Any other information as the Director may deem necessary. (3) An inter-local agreement, as required by paragraph (1), above, shall contain the following conditions: a. A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this ordinance and Local Limits, including required Baseline Monitoring Reports (BMRs) which are at least as stringent as those set out in Section 138 of this ordinance. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to County’s ordinance or Local Limits; b. A requirement for the contributing municipality to submit a revised User inventory on at least an annual basis; (c. A provision specifying which pretreatment implementation activities, including individual wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the Director; and which of these activities will be conducted jointly by the contributing municipality and the Director; d. A requirement for the contributing municipality to provide the Director with access to all information that the contributing municipality obtains as part of its pretreatment activities; e. Limits on the nature, quality and volume of the contributing municipality’s wastewater at the point where it discharges to the POTW; f. Requirements for monitoring the contributing municipality’s discharge; g. A provision ensuring the Director access to the facilities of Users located within the contributing municipality’s jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the Director; and h. A provision specifying remedies available for breach of the terms of the inter-local agreement. Sec. 24-144 - Confidential information. Information and data on a User obtained from reports, surveys, wastewater discharge permit applications, individual wastewater discharge permits, monitoring programs, and from the Director’s inspection and sampling activities, shall be available to the public without restriction, unless the User specifically requests, and is able to demonstrate to the satisfaction of the Director, that the release of such information would divulge information, Page 31 of 118 processes, or methods of production entitled to protection as trade secrets under applicable State law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the User furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES, or State Wastewater Program, or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data, as defined at 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the public without restriction. Secs.24-145.-24-160. - Reserved. Page 32 of 118  DIVISION 3. - USER CHARGES; COMBINED WATER, SEWER SERVICE AND WASTEWATER TREATMENT RATES Sec. 24-161. - Generally. Sec. 24-162. - Inclining block rate structure. Sec. 24-163. - Water conservation rate—Residential single-family customers only. Sec. 24-164. - Life line water rate. Sec. 24-165. - Sewer consumption rate billing cap—Residential single-family customers only. Sec. 24-166. - Potable water. Sec. 24-167. - Sanitary sewer. Sec. 24-168. - Late charges. Sec. 24-169. - Service availability. Sec. 24-170. - Expansions and extensions. Sec. 24-171. - Customer deposits. Sec. 24-172. - Site specific water and sewer capacity expansion charges. Sec. 24-173. - Non-site specific capacity expansion charges sold by Okaloosa County. Sec. 24-174. - User classification. Sec. 24-175. - Collection fees. Sec. 24-176. - Hold harmless. Sec. 24-177. - Construction water. Sec. 24-178. - Fire hydrant meters. Sec. 24-179. – Customer adjustments. Secs. 24-18079—24-190. - Reserved. Sec. 24-161. - Generally. The water and sewer rates contained within this section shall be synonymous with the term "user charges" as defined in section 24-102 of this article. The charges set forth are for customers meeting the treatment parameters set forth in Division 5. In such cases where a User exceeds the normal treatment standards and the Board agrees to treat such waste, a surcharge will be placed in order to cover additional treatment costs. The method for determining all charges shall include all costs necessary to provide proper system O & M, replacement, and meet debt service requirements in order to maintain the system as an "enterprise fund" as defined in section 24-101 and Division 5. These rates shall be reviewed annually during the County's budget formulation period to reflect the ongoing needs of the system. The County's budget shall be available for review during the public hearing phase of the County's budget preparation. Additionally, any rate changes, if adopted, will be advertised in a paper of major circulation prior to final implementation. The water and sewer system budget shall be produced in accordance with GAMP standards and State of Florida accounting codes, to include, but not limited to: salaries and wages; indirect salary and wage costs; contractual services; materials and supplies; utilities; mechanical and vehicular equipment replacement; and, debt service. Sec. 24-162. - Inclining block rate structure. The water rate structure for single family residential customers includes an inclining block rate structure. An inclining block rate structure is one in which the rate per 1,000 gallons of water usage increases as water usage increases. The rate increases in usage blocks, or ranges of usage. For example, in the Okaloosa County residential single family water rate structure specified in Appendix A of this Ordinance, the lowest rate is paid for water usage between 0 and 3,000 gallons per month. The rate is higher for water usage between 3,001 and 10,000 gallons per month. Page 33 of 118 Sec. 24-163. - Water conservation rate—Residential single-family customers only. For water usage over 10,000 gallons per month, the rate is even higher and represents a conservation rate, as all usage by a single family customer over this amount can be considered to be excessive relative to the typical usage requirements of this customer class. This higher rate is intended to provide a financial incentive to encourage water conservation. Sec. 24-164. - Life line water rate. The lowest rate block in the inclining block rate described in the preceding