Fort Walton Beach — Ordinance 708 — reading text

READING DATE ey ist (Pue-29 2nd Psd SOF f at . Po BRE econ een od CITY OF FORT WALTON BEACH OKALOOSA COUNTY, FLORIDA ORDINANCE NO. 7O¥ ENACTED: September 25, 1979 AGREEING THAT SEWAGE TREATMENT SERVICE CHARGES SHALL COMPLY WITH REQUIREMENTS OF THE ENVIRONMENTAL PROTECTION AGENCY; CONSENTING TO THE IMPOSITION OF AN INDUSTRIAL COST RECOVERY SYSTEM; AND REPEALING INCONSISTENT ORDINANCES WHEREAS, the City of Fort Walton Beach (the "City") has undertaken a project involving additions and alterations to the City's existing sewerage system for the purposes, among others, of upgrading the quality of the waste- water treatment facilities to comply with federal and state environmental requirements and of. expanding the capacity of said facilities (the "Project"); and WHEREAS, the major portion of the costs of such improvements are to be met from the proceeds of a grant from the Environmental Protection Agency (the EPA") under the Federal Water Pollution Control Act, Amendments of 1972 and the Clear Water Act of 1977; and WHEREAS, the EPA requires, as conditions of such grant assistance, that a system of user charges be developed which equitably distributes the costs of Meow nef, Crd. # Tod J operation and maintenance of the Project and that an Industrial Cost Recovery System be implemented whereunder all industrial users repay a portion of the federal grant over a period of years. NOW THEREFORE, BE IT RESOLVED that: 1. The City covenants and agrees that the system of user charges to be applied to the users of the City's sewerage system shall be such as to comply with applicable EPA requirements, that such records shall be maintained as are necessary to document compliance with said requirements and that the user charges shall be reviewed biennially and revised accordingly. 2. The City will lawfully and properly implement all the provisions of its Industrial Cost Recovery System, as approved by EPA. Said system will be applied to all industrial users of the City's sewerage system, except for those industrial users permitted by EPA to be exempted from same; the term “industrial users", as used herein, shall have the meaning ascribed thereto by the EPA pursuant to 40 CFR Section 35.905, as the same may be revised from time to time. Furthermore, said ICR System shall provide for an appeal procedure by which an individual industrial user will have an opportunity to be heard regarding the reasonableness of cost allocations and of the industrial cost recovery assessments imposed on it. 3. Any prior ordinances or resolutions or parts thereof inconsistent herewith are hereby repealed. 4. This ordinance shall take effect ten (10) days after its passage and approval by the Mayor. ADOPTED AWA 1999 won fieladl w_ Sele 7 (Ch Eee city Clerk Daily News Published Daily Fort Waiton Beach, Florida State of Florida County of Okaloosa Before the undersigned authorized personally appeared Pi Scott Fischer » Who on oath says that (s)he is Publisher of the Playground Daily News, a daily newspaper published at Fort Walton Beach, in Okaleosa County, Florida; that | charges te be fixed for sewer service supplied | Stent Foet Walton Beach. Florida, while. meeting in regular sex- sion at the City: Holl, Fort. Walton Beach, Ber itoad rs Domed I stn wi the: nt ot the fotiowing ordinances * Ordinance 02.1a cio An ordinance omending Sect aa, & 22-13 of the Code providing fees ‘ond other Prete Ty em Sepeat the, contin Brovisions of the Code adiog the sou Segrey anton: od rape inconsi ondiamncen: eats dor the attached copy of advertisement, being a Heget in the matter of NOTICE in the Court, was published in said newspaper in the issues of September 19, 1979 Affiant farther says that the said Playground Daily News is a newspaper published at Fort Walton Beach, in said Okaloosa County, Florida, and that the said newspaper has heretofore been continuously published in said Okaloosa County, Florida, each day, and has been entered as second class mail matter at the post office in Fort Walton Beach, in said Okaloosa County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that (s)he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertise t for publicat) wy) in the said newspaper. hi Lye ach 20th day of Sworn to and subscribed before me this . Ne ara ’ September 32548 , AD. 19. 79 cay yt Mite, Lee Notary Public, satya toga Large MAY 9, 1980 pay My Commission Expires xtED S74 f % pete - - owe, ? 2. Cirwil eufrmidian - 3 WY 8 UNITED STATES ENVIRONM ENYA ENTAL PROTECTION AGENCY 3 f/e - “tea pat REGION IV 345 COURTLAND peer ae 97 GS 20 ATLANTA, GEORGIA 8 JAW 2 oe in REF: 4W-SA Mr. Winston G. Walker City Manager Post Office Box 1449 Fort Walton Beach, Florida 32548 RE: €120284050 Dear Mr. Walker: The EPA has reviewed the Fort Walton Beach User Charge and Industrial Cost Recovery system dated August 1979. This report and the ordinances implementing the system are in conformance with EPA guidelines and regulations, and are hereby approved. ‘If you have any questions, please feel free to contact us. Sincerely yours, Ziel ip bten Paul J. Traina Director Water Division cc: FDER/Tallahassee FNER/Pensacola dg. B. Converse and Company, Inc. Corps of Engineers Eee Maa 2 @& "5 2SZ; UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Wa opin REGION iV ; 345 COURTLAND STREET ATLANTA, GEORGIA 30365 DEC 81 1880 Dear Grantee: As you have probably already heard Congress formally abolished industrial cost recovery on October 21, 1980, when it amended the Clean Water Act, PL 96-483. By deleting a section of the law, grantees were relieved of all obligations to develop and maintain an ICR System or to collect money from their industrial dischargers. In the event, you are still holding ICR money collected for service during the period from March 1, 1973, to December 27, 1977, you must remit fifty percent (50%) plus all interest earned to the Environmental Protection Agency payable to the U. &. Treasury. All other funds, collected between December 27, 1977 and October 21, 1980, belong to the grantee and may be utilized as you deem necessary. If you are now in the process of developing an ICR system, or have retained a consulting firm to do so, you should begin the orderly closeout of any contractual obligations already entered into. If assistance on this matter is needed, please contact the person responsible for administering your grant. In addition to eliminating ICR, Congress also prohibited the funding, after November 15, 1981, of any construction “to treat, store or convey the flow of any industrial user ... in excess of a flow per day equivalent to fifty thousand gallons per day of sanitary waste". The only exception to the November 15, 1981, deadline would be that a Step 2 grant for design of the facility was made prior to May 15, 1980. Regulations implementing the new provisions on industrial capacity are expected to be published in February 1981. In the meantime if you have any questions on this matter please cantact your State Agency or my office. Sincerely yours, Harold W. Hopkins, Chief Construction Grants Management Branch Water Division we . Pos : . ee os | UNFTED STATES ENVIRONNENTAL PROTECTION AGENCY SATE: nec ~5 oo : sussectClass Deviation from 40 CFR 35.909 (b) (2), 35.910-10, 35 .915-1 (a), 35.920-3(b) (8) (44), 35.925-11, 35.928 through 35.9284 and 3§.935-15 enon Zed) zs : aed th . ‘arvey Pippen,/?r., Diwector ~ Grants Administration Division (PM-216) TO: . Regional Administrators On October 21, 1980, President Carter signed P.L. 96-483 which amended several provisions of the Clean Water Act (CWA). Some of those amendments are very technical and we believe they should be implemented immediately. he technical amendments<- 6 Repeal industrial cost recovery; . se, o wetend the reallotment date for fiscal year 4979 funds to September 30, 1981; cs) Permit States to reserve up to 2 percent of each annual allotment based on the amount ce authorized to be appropriated for State Management Assistance; and e Increase the limits for Step 243 grants to : $4 million ($5 million in States with high construction costs). fhe other amendments and some aspects of the industrial cost recovery amendments will require detailed analysis before we can fully implement them. EPA is forming work groups to develop implementation alternatives and reg~ plation revisions. ‘ . fo quickly implement the technical amendments I am, approving the following class deviations<- ; . 40 CFR 35.909 (b) (2)--Step 243 am approving a deviation from §35.909 (b) (2) to permit award of Step 2+3 grants for treatment works with an estimated total Step 3 construction cost of-+ 4%. $4 miliion or less; or, Zo $$ million or less, in States with unusually high eoustruction cost (as identified by the Assistant Administrator for Water and Waste Management) . : c ; . . : . . : . EPA Form 1320-6 (Rev. 3-76} @wBea use of treatment works after December 27, 1977, they should determine what action is appropriate with respect to those funds. No funds from ICR payments to grantees for treatment works use after December 27, 1977, should be paid to EPA. Many current projects include activities related to de- velopment of ICR systems. Such activities Conducted after December 31,1980, will not be eligible for Federal grant agsistance. ‘Therefore, grantees should terminate the ICR activities as soon as possible. However, EPA will fund @evelopment of financial management systems based on user charges designed to assure fiscal integrity of the grantee's entire wastewater’ treatment systems. The Office of Water : Program Operations will istribute sample letters for . Regional/State use in notifying grantees of the actions they ghoulé take to terminate ICR system development. concur: © Code Co #, parE: inl [vr : _ Assistant Administrator Ww for Planning and Management (PH-208) CONCUR: LAGI DATE: 1-24-80 Resistant Acministrator for Water and Waste Management (WH-556) ee Laos CITY OF FORT WALTON BEACH OKALOOSA COUNTY, FLORIDA USER CHARGE AND INDUSTRIAL COST RECOVERY SYSTEMS J.B, CONVERSE & CO., INC. AUGUST, 1979 GENERAL Pursuant to Section 204(b) of the Federal Water Pollution Control Act Amendments of 1972, P.L. 92-500, a Grantee must develop and maintain: (a) .a system of user charges to assure that each recipient of waste treatment services within. the Grantee's service area will pay its proportionate share of the costs of operation and maintenance (including replacement) of all waste treatment services provided by the Grantee. (b) _ an industrial cost recovery system which shall require all present and future industrial users to pay that por- tion of the Grant amount allocable to the treatment of wastes from such users. CITY OF FORT WALTON BEACH OKALOOSA COUNTY, FLORIDA USER CHARGE SYSTEM GENERAL The City of Fort Walton Beach is located on the northwest Gulf Coast of Florida adjacent to Santa Rosa Sound at the north end of Choctawhatchee Bay. It was incorporated as a city in 1941 and selected the city manager form of government in 1953. The topography and weather of Fort Walton Beach are typical of the coastal regions along the Gulf of Mexico with flat, sandy terrain and warm, humid temperatures. The large Eglin Air Force Base complex located adjacent to and surrounding the entire Fort Walton Beach area plays a major role in the economy of the northwest portion of Florida. The employment and activities associated with Eglin Air Force Base directly effect the growth and population of Fort Walton Beach as well as Okaloosa County and northwest Florida. The tourist trade along the "Gold Coast" is another major contributor to the economy and this tourist trade is based on the clean water and beaches which are