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

and such election shall not prejudice the claim of the Board for any sums due hereunder. Notice of such election shall be given by certified mail. Any industry that wishes to discharge sewage containing any one or combinations of sewage as outlined in section 24-235 above shall negotiate the charges with the Board on all other types of sewage not specifically charged by this article, and cannot discharge any sewage into the system unless and until a written agreement is negotiated and entered into. The Board reserves the right to enter into special contracts with industrial customers for the collection, treatment and disposal of industrial sewage or waste and to enter into contracts for the construction and use of special wastewater treatment plants under the terms and conditions for the use thereof, and the provisions of this section may be altered, changed, amended or extended under the terms and conditions of such contracts. No statement contained in this section shall be construed as preventing any special contract, agreement, or arrangement between the Board and any industrial or commercial concern whereby an industrial sewage of Page 50 of 118 unusual strength or character may be accepted by the Board for treatment. However, there shall be no agreements made that would violate any state or federal pretreatment standard. All measurements, tests, and analysis of the characteristics of waters and sewage to which reference is made in this article 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. Sampling methods, location, times, durations, and frequencies are to be determined on an individual basis subject to approval by the Board. Sec. 24-246. - Services for below grade users. Where a Customer has built or located or will build or locate in the future any structure or facility below the practical grade of the existing sewer line abutting his property, the Customer shall install a lifting device and deliver their sewage to the service connection of the sewer line at no cost to the Board's sewer system. In no case will this condition be cause for not connecting to the sewer system. Sewer connections shall be mandatory regardless of elevation of buildings. However, a $1,000.00 discount from capacity expansion charges for individual residences required to install private lift pumps will be allowed. The Board shall not be responsible for sewer backup damage to homes built less than twelvenine inches above the crown of the adjacent roadway. Secs.24-247. - 24-260. - Reserved. Page 51 of 118  DIVISION 6. - POWERS AND AUTHORITY OF INSPECTIONS Sec. 24-261. - Powers and authority generally. Secs. 24-262—24-270. - Reserved. Sec. 24-261. - Powers and authority generally. The following are the powers and authority of duly authorized representatives of the Board: (1) Duly authorized employees of the Board bearing proper credentials and identification shall be admitted with permission from proper authorities to all properties for the purposes of inspection, observation, measurement, sampling and testing pertinent to discharge to the sewer system in accordance with the provisions of this article. (2) Duly authorized employees of the Board bearing proper credentials and identifications shall be permitted to enter all private properties through which the Board holds an easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the water or sewage facilities lying within said easement. (3) Duly authorized employees of the Board bearing proper credentials and identifications shall be permitted to enter all private properties through which the Board owns and maintains water meters, for the purpose of any meter-related duties, including, but not limited to reading, maintenance, replacement, service initiation, and service termination. Secs. 24-262. - 24-270. - Reserved. Page 52 of 118  DIVISION 7. - ENFORCEMENT; PENALTIES Sec. 24-271. - Generally. Sec. 24-272. - Administrative enforcement remedies. Sec. 24-273. - Judicial remedies. Sec. 24-274. - Supplemental enforcement action. Sec. 24-275. - Affirmative defense to discharge violations. Secs. 24-276—24-280. - Reserved. Sec. 24-271. - Generally. For the enforcement of the payment of all of the rates, charges, fees and penalties fixed herein, the following rules, regulations and penalties are established: (1) For use or taking water without first having obtained permits from the Board, a minimum monthly rate of $25.00 is established for each ERU and in addition, the usual rate for all water used and the amount of water used before the installation of a meter shall be estimated by the Board and payment made on such estimate. Such charge commences on the date of the unlicensed connection. If not paid on demand, the Board may immediately disconnect the water and/or sewer service. (2) Any person who shall connect any sewer lines with any sewer lines of the Board, or who shall empty sewage into any line of the Board without first having obtained permission from the board, shall pay a monthly sewage disposal charge of $25.00 for each ERU and such charge shall be affixed from the date that such unlicensed connection was made with the lines of the board. If not paid on demand the Board may immediately disconnect the water and/or sewer service. (3) Anyone within the Board's district limits, who desires water service or sewer service, or both, must make a written application to the Board, setting forth in detail the location of the property to be served including a map thereof and a survey of the location of the proposed water lines or sewer lines, or both. (4) No person, firm, corporation, or other legal entity shall directly or indirectly interfere with, hinder, obstruct, molest or assault any employee, agent, or representative of the Board's designated authority, the employees of the water and sewer department, in the performance of their duties or reading, removing, replacing, inspecting, or disconnecting meters or other portions of the water and sewer system, and no person, firm, corporation or other legal entity shall block, obstruct, cover, deface, damage, destroy or impede access to any meter or meter box or any part thereof. No person shall unlawfully tamper with meters and locks of the board. Any person, firm, corporation, or other legal entity causing such damage to the Board's facilities shall be responsible for the cost of repair and/or replacement. (5) Violations of this article shall constitute a misdemeanor and shall be prosecuted in the same manner as misdemeanors are prosecuted. Such violations shall be prosecuted in the name of the state in a court having jurisdiction of misdemeanors by the prosecuting attorney thereof and upon conviction shall be punished by a fine per day per violation listed in Appendix A or by imprisonment in the county jail not to exceed 60 days or by both such fine and imprisonment. Each day that a violation continues shall constitute a separate offense. Sec. 24-272. -Enforcement remedies. (1) Notification of Violation Page 53 of 118  When the Director finds that a User has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, the Director may serve upon that User a written Notice of Violation. The Notice of Violation shall be served personally or by registered or certified mail (return receipt requested). Such notice may be served on any Authorized Representative of the User as defined in Section 24-102 and required by Section 24-142. Within 14 days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the User to the Director. Submission of such a plan in no way relieves the User of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this Section shall limit the authority of the Director to take any action, including emergency actions or any other enforcement action. (2) Consent Orders After receipt of the submission of the required material, the Director may enter into Consent Orders, assurances of compliance, or other similar documents establishing an agreement with any User responsible for non-compliance. Such documents shall include specific action to be taken by the User to correct the non- compliance within a time period specified by the document. Such documents shall have the same force and effect as the enforcement orders issued pursuant to Sections (d) and (e) of this section and shall be judicially enforceable. (3) Show Cause Hearing After the submission of the required material by a User, or his failure to do so, the Director may order a User which has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, to appear before the Code Enforcement Board and show cause why the proposed enforcement action should not be taken. Notice shall be served on the User specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the User show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 14 days prior to the hearing. Such notice may be served on any Authorized Representative of the User as defined in Section 24-102 and required by Section 24-142. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the User. (4) Compliance Orders When the Code Enforcement Board finds that a User has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, the Code Enforcement Board may issue an order to the User responsible for the discharge directing that the User come into compliance within a specified time. If the User does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the non-compliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a Pretreatment Standard or Requirement, nor does a compliance order relieve the User of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the User. (5) Cease and Desist Orders When the Code Enforcement Board finds that a User has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, or that the User’s past violations are likely to recur, the Code Enforcement Board may issue an order