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O-239-C · ~. .' .¡þ. ÆTY OF CLERMONT . CODE ORDINANCES . 239-C AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLOR+DA, AMENDING CHAPTER 25, WATERWORKS AND SEWERS, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, PRO- VIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR PUBLICATION. THE CITY COUNCIL OF THE CITY OF CLERMONT HEREBY ORDAINS THAT: Chapter 25, Waterworks and Sewers is hereby amended as follows: SECTION 1. Article I. IN GENERAL is hereby amended as follows: Sec. 25-1. Water and sanitary sewer system established as public utility. The purpose of this Ordinance is to regulate the water and sanitary sewer system now in existence and owned, operated and maintained by the city, together with any and all future extensions thereof and replacements thereto. The water and sanitary sewer system is established and declared to be a public utility for the use and benefit of the city in the main- tenance of public health, welfare and sanitation throughout the city. The waterworks and the sanitary sewer system owned by the city shall be administered as one utility system. Sec. 25-2. Department created: separate records. (a) The waterworks and the sanitary sewer system shall be operated as the utility department of the city, ·which department is hereby created. (b) Notwithstanding the combining of'the waterworks and the sanitary sewer system into one water and sewer department as provided herein, com- plete data and records, financial and otherwise, may in the discretion of the city be kept separately. Sec. 25-3. Service outside of the corporate limits. The City of Clermont shall not furnish water or sewer service outside of the corporate limits. Sec. 25-4. Connections to be made by the city. All connections to the sewer and water mains of the City of Clermont shall be made as required by the utility department, and the connections and use of facilities as set forth herein shall be mandatory. Sec. 25-5. When connection with water and sewer system required. (a) All buildings now existing or hereafter erected that are used for residential, commercial, or industrial purposes shall be required to connect to the public water system. (b) Any building now existing and used for residential, commercial, industrial or other use shall be required to connect to said sanitary sewer system within one year from the date that service is certified available by the city engimeers. (c) Any building now existing and used for residential, commercial, industrial or other use shall be required to pay the monthly fee, as established, beginning ninety (90) days after service is certified available regardless of whether or not it is connected to the system. 7/11/84 "APPROVED lep~;Þlj~ OF FLORIDA ~~~;fti¿:;men;jèrion Department R'lentative . .. CITY OF CLERMONT . CODE ORDINANCES 239-C Page -2- (d) Any new building hereafter erected and used for residential, commercial, or industrial use shall within thirty (30) days be connected to said system after service is certified available by the city engineers. Should there be no city owned system existing at the time construction is completed then the time limits will apply as in subsections (b) and (c) above. (e) In the event that such connection shall not be made within the prescribed period, the water department shall at the expiration of such period, proceed forthwith to require the owner of such lot, parcel, or plot to connect to said system in such lawful manner as may be required. (f) The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the city and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the city, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance, provided that said public sewer is within two hundred (200) feet of the property line. When a parcel of land is subdivided, sewer service shall be provided in conformance with this ordinance and the city's subdivision regulations. All subdivided properties shall be required to connect to the city's sanitary sewer and water system. Sec. 25-6. Water pressure not guaranteed: right of city to turn off water: fee for restoration of water: authority to disconnect. (a) The water department neither guarantees an uninterrupted supply of water or water at any particular pressure for any purpose but reserves and shall have the right to shut off the water in its main at any time for the purpose of making repairs or extensions or for other purpose incidental to a public water supply, and will not be responsible for any damage resulting from a consumer leaving a faucet open, or otherwise caused by low pressure, or tuberculation. (b) The water department shall have the right to turn off water service at the main for the protection of the city or the consumer in cases where a building has been burned or torn down, where there is a cross connection, or where the consumer has been found to be using water illegally, and to assess the regular sChedule of fees for restoration of service. (c) The water department is authorized to disconnect water service from any premises where, on account of defective plumbing, cross con- nections, or like conditions, it shall be deemed in the best interest of the city to do so. (d) leaks or under no The city shall not be responsible otherwise on the private property obligation to make adjustment for for any loss of water from of a consumer, and shall be such leaks. (e) In the event of a water shortage or drought, the city manager is authorized to place moratoriums on water used from the water supply system for lawn irrigation, based on pressure when demand exceeds supply or as ordered by the State to comply with State permitting restrictions. The water department shall have the right to turn off water service for any violation of such moratorium. Sec. 25-7. Water meters: stop and waste cock or cut-off valve required: right of access. (a) All premises within the city upon which are located single- family residential habitations shall have one water service and each such premises must have a separate water meter. Two-family, three- family and four-family residences must have separate meters for each 7/11/84 . CITY OF CLERMONT . CODE ORDINANCES 239-C Page -3- dwelling unit. All other premises within the city shall have at least one water service and a separate water meter, whenever possible, for each separate habitation or commercial enterprise located thereon. All premises shall have at least one sewer service. (b) Any new building hereafter erected and used for residential, commercial or industrial purposes must have a stop and waste cock or cut- off valve placed by the property line on the discharge side of the water meter in a separate meter box, or at some other point on the premises approved by the Utility Director. Such cock or valve shall be under the control of the tenant or owner and be used in case of a break in the building or structure or other necessity, so that the pipes to be repaired can be cut off without the necessity of using the street cut-off maintained and installed by the city. (c) The officers and employees of the utility department shall have the right of access to the premises of a consumer at any reasonable hour for the purpose of conducting the normal business of the water and sewer department, such as making tests and inspections. Sec. 25-8. Privately owned wells: digging wells: permit required: information to be shown. (a) Privately owned wells may be drilled and used within the corporate limits of the City of Clermont, only for the purpose of lawn sprinkling, irrigation, operation of air conditioning units, filling of swimming pools or other similar uses, but not for human consumption. (b) It shall be unlawful for any person to bore, dig or drill wells, permitted under section 25-8 (a) within the limits of the city unless an application is made and a permit obtained, from the city building official, and which application and permit shall show data concerning the proposed size and anticipated depth of the well and its exact location. The well construction must comply with all applicable State and Local regulations. Sec. 25-9. Tampering with property of city water or sewer systems. (a) No person, unless authorized by the city, has the right to turn off or turn on water at the curb stop, corporation stop, or valve, or to in any way disconnect or remove any water meter or otherwise molest any water connection, meter or watermain belonging to the City. (b) If any person shall destroy, deface, impair, injure or wantonly force open any gate or door therein or in any way whatsoever destroy, in- jure, deface or wantonly destroy any part of the buildings, or the appurtenances, fences or fixtures thereunto appertaining, or any water pipes, gates, reservoirs, hydrants, fountains, or any fixtures or other property belonging to the water or sewer system of the city, or if any person without authority from the City shall remove, open, hitch to, dig out or curb over any fireplug or hydrant, stopcock, valve, valve box or other fixtures belonging to the water or sewer system of the city, he shall be punished in accordance with provisions of Chapter 1-8. (c) No consumer shall furnish water to any other person either by use of pipes for fixtures on his own premises or by extending pipes to the premises of other persons. . Sec. 25-10. Persons using hot water heaters, steam boilers or heat pumps responsible for damage. Persons using hot water heaters. steam boilers or heat pumps which take a supply of water directly from the service pipes of the water department will do so at their own risk, as the water department shall not be respon- 7/11/84 '. CITY OF CLERMONT . CODE ORDINANCES 239-C Page -4- sible for accidents or damages resulting in such cases, and should the hot water back up in the water pipes, damaging the meters or other connections, the costs of all necessary repairs to such equipment shall be paid by the consumer responsible therefor. Sec. 25-11. Extension of water and sewer lines. The intent and purpose of this section is to provide an equitable charge for water and sanitary sewer connections as a proportionate distribu- tion of costs of water and sanitary sewer main extensions to serve property within the city limits. (a) Charges established. The City Council shall from time to time by resolution or miscellaneous ordinance set water and sewer connection fees on a front foot formula. The sewer connection fee established by this section shall not apply to property previously assessed for sewer service, or to property for which the sewage collection system is con- structed without cost to the city. In case property or a tract of land is so situated or shaped that the front foot rule creates an inequitable basis as between it and other tracts of land in the city, then the city council, on the advice of the city manager, shall determine fees in accord with the intent and purpose of this article. (b) Extensions - approval by City Council required. No water dis- tribution lines or sewer collection lines shall be extended at the cost of the City of Clermont without first obtaining approval of the City Council, except that the city manager is hereby authorized to cause to be constructed sewer and water line extensions up to one hundred (100) feet per customer when the cost of such extension is reasonably related to the amount collected by the city on the front foot basis established by this article. (c) Same - form of agreement. When the City Council determines that the cost of constructing water or sewer line extensions exceeds and is not reasonably related to the front foot charges set out in this article, the city may enter into an agreement with the property owner or developer, the terms of which shall govern charges for water and sewer line extensions and shall supersede charges authorized by section 25-11 (a) of this article. Sec. 25-12. Oversize lines. When the cost of installing water and sanitary sewer main extensions is borne by the customer, and the customer is required to install larger lines or facilities than necessary to serve his property in order to pro- vide for future development, the difference in costs between installing facilities adequate for the property and the oversize lines may be borne by the city, if approved by the City Council. In making this determina- tion, the City Council shall consider the size of the development, applicable sewer and water plans, and the recommendation of the city engineer and city manager. Sec. 25-13. Interpretation of waterworks and sewer chapter. The city engineer shall decide all questions, conflicts, difficulties and disputes, of whatever nature, which may arise relative to the interpretation of this chapter. The city engineer may recommend exceptions to this ordinance where the standards set forth are not feasible, and if the proposed exception is not detrimental to the public interest. Such exceptions must be approved by the City Council. Sec. 25-14. Definitions. For the purpose of this chapter the following words, terms and phrases shall be construed and interpreted as having the following meanings: 7/11/84 · CITY OF CLERMONT . CODE ORDINANCES 239-C Page -5- (a) "BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20°C, expressed in milligrams per liter. (b) BUILDING DRAIN shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building walL (c) BUILDING SEWER shall mean the extension from the building drain to the public sewer or other place of disposal. (d) COMBINED SEWER shall mean a sewer receiving both surface runoff and sewage. (e) GARBAGE shall mean solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce. (f) HABITATION shall mean any building, structure or premises used as a private residence and used for such purposes only, shall be deemed one habitation. (g) HABITATIONS, SEPARATE shall mean two-family and multiple family units and outbuildings off from the main building when rented or subrented for profit, shall be deemed separate habitations. (h) INDUSTRIAL WASTES shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage. (i) NATURAL OUTLET shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater. (j) OWNER, TENANT, CONSUMER shall include the executors, adminis- trators, successors and assigns of the party referred to, and the covenants and agreements contained in any contract between the water department and its consumers shall be binding upon and inure to the benefit of the successors, heirs, executors, administrators or assigns of the respective parties thereto. The consumer is considered the owner, as distinguished from a tenant, when the property serviced is recorded or stands of record in his name. (k) PREMISES shall mean habitation, institutons, mobile homes or places of business. (1) SANITARY SEWER SYSTEM shall mean sewers, disposal and purifi- cation plants, equipment used in connection therewith, and all facilities, real and personal, owned or used by the city in the disposal of human excreta. (m) SUSPENDED SOLIDS shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering. (n) WATERCOURSE shall mean a channel in which a flow of water occurs, either continuously or intermittently. (0) WATER SYSTEM shall mean the waterworks owned and operated by the City of Clermont. 7/11/84 . CITY OF CLERMONT . CODE ORDINANCES 239-C Page -6- SECTION 2. Article II, Rate Schedules, Sewer and Water Charges, Contracts, Deposits, and Utility Benefit Fees for Water and Sewer Service is hereby established as follows: Sec. 25-15. Rate schedules for water, sewer, sanitation services. The rate schedules for water service, sewer service, sanitation service, and related fees shall be established by resolution or miscellaneous ordinance. Sec. 25-16. Reserved. Sec. 25-17. Sewer and water service charges to be paid by the city. (a) There shall be no free service rendered by the water and sewer department, and if the city or any department, agency or instrumentality thereof shall avail itself of the service and facilities of the water and sewer system it shall pay for the use of such service at the estab- lished rates. (b) Revenues received from the services and facilities furnished by the water and sewer system to the city shall be accounted for in the same manner as other revenues derived from the operation of the water and sewer system. (c) The city shall pay twenty-five ($25.00) per year per publicly owned hydrant to the credit of the water utility for public fire pro- tection service. (d) The city manager or utility director may estimate the amount of water used, based on average usage, where a nonworking meter has beén found. Sec. 25-18. Collection of charges: sewer and water service. (a) In all cases where water is furnished by the waterworks system of the City of Clermont, the sewer service charge shall be included in the bills for water rendered by the city: provided, however, that each such bill shall show separately the amount of the sewer service charges and the amount of the bill for water. The bill for water, sewer and sanitation service is referred to in this ordinance as the "utility bill". (1) Utility bills shall be sent to consumers regularly each month, and the fact that a consumer does not receive a bill shall not constitute grounds for discount or adjustment. (2) A utility bill shall not be considered paid until remittance for same has been received at the water department, and the department shall not be respon- sible for delays or losses in transportation in the mails, or otherwise. Bad checks shall constitute non payment of the utility bill. (b) If the amount of such water and sewer charges shall not be paid within twenty (20) days from the rendition of such bill, the water department shall discontinue furnishing water to such premises and shall discontinue the same from the water system of the city and shall proceed forthwith to recover the amount of such water and sewer service charges in such lawful manner as may be required. 7/11/84 . CITY OF CLERMONT . CODE ORDINANCES 239-C Page -7- (c) The water department shall have the right to refuse service to any premises in cases where the contracting party of such premises has an unpaid water bill under his contract, until such time as the bill is paid. The water department, shall also have the right to refuse service to premises in cases where the owner of such premises has an unpaid bill for services or for material or labor rendered or expended by the water department in connection with rendering water service to the premises. (d) The water department shall have the right to transfer a delinquent water bill at one address to the account of the same consumer at another address, provided the consumer is receiving service at the latter address, and shall have the right to dis- continue service at the latter address for nonpayment of the transferred bill, regardless of the fact that the current bills are being paid. Sec. 25-19. Contracts for water and sewer service. (a) All applications for water connections and/or sewer service to any premises shall be made to the City of Clermont in writing on forms provided for that purpose and shall state fully all the purposes for which such water connection or sewer service is required and the location of the premises to be supplied, and shall be signed by the owner, tenants, or his agent. Such application when accepted by the city or upon its performance of the service applied for shall constitute a contract between the applicant and the city, which shall bind such applicant to pay to the city for the services rendered its prescribed rates therefor and to comply with all rules and regulations as prescribed and fixed hereby or as here- after adopted, and the provisions of this chapter. (b) Any agents, trustees, receivers, administrators, executors, or anyone handling properties for owners or tenants signing an application for water on behalf of principals, will be held jointly and severally liable with their principals under the terms of the contract of applica- tion, which contract will remain in effect until written notice has been received by the water department for discontinuance of service. (c) Anyone signing an application for water and/or sewer service and requesting the bill to be sent to a different address for payment by another party does so at his own risk, as the water department does not act as a collection agency for owner or agent, and takes no responsi- bility for collection of the account and should the account become delin- quent, it will be charged to the contracting party and handled as any ordinary account. Sec. 25-20. Termination of contract for water service and/or sewer service. An applicant for water service and/or sewer service may terminate his contract for such service at any time by giving notice in writing to the water department and by paying all amounts due for services up to the date of receipt of such notice by the city; but in case notice is not given or the bills due for service not paid, then he shall con- tinue to be liable for water consumed and/or utility service rendered thereafter and for the minimum monthly rate or charge in case no water is consumed and/or sewer service rendered, even though he may vacate the premises or they may be occupied by other parties who fail to make appli- cation for service and sign a contract. The water department will not accept any notice as binding unless made in writing. Persons giving notice either verbally or by telephone do so at their own risk. 7/11/84 . CITY OF CLERMONT . CODE ORDINANCES 239-C Page -8- Sec. 25-21. Meters: deposits: and builders: renters. (a) Meters may be installed for the use of contractors and builders when construction is begun and all water used shall be charged at the applicable rate. If the water service remains on after construc- tion is completed the account shall be billed to the contractor until it is transferred to the owner. (b) Schedule of deposits. The city council shall adopt by resolu- tion or miscellaneous ordinance a schedule of deposits for water and sewer service, and shall hereafter be known as "utility deposits" and shall be required for all renters of buildings used for residential, commercial, industrial or other purposes applying for water and sewer service. All deposits shall be evidenced by nontransferable receipts issued by the city in the name of the prospective consumer applying for service and refund shall be contingent upon adequate identification ~nd surrender of the deposit receipt. (' Sec. 25-22. Water: temporary service. Temporary service, such as service for circuses, fairs, carnivals, construction work and the like may be rendered upon written application accompanied by a deposit sufficient to cover the city's estimate of the water to be consumed, materials, labor and any other expense incurred by the city in rendering such service. Upon termination of this service, any balance of this deposit shall be refunded to the consumer. Sec. 25-23. Utility Benefit Fees. (a) Intent and purpose. The intent of this section shall be to establish fees for the purpose of compensating the city for capital expenditures required in providing expansions to the city's wastewater treatment systems and water systems that have resulted from the need to provide such services due to an expanding population. The fees shall not be used to defray expenditures for capital item replacements, and shall be placed in a separate fund to be used solely for the pur- pose of expanding the city's sewer and water capital facilities. (b) Determination of fee. Benefit fees are to be determined and revised in accordance with a detailed analysis of the city's projected sewer and water system needs for capital expansion such as shown in the city's comprehensive plan, and water and sewer studies prepared by the city engineer or capital improvement plan. (c) Applicability of benefit fees. lished by resolution of the city council fees shall apply to all new construction by the City Clermont, provided that such with water or wastewater services. Benefit fees shall be estab- of the City of Clermont. Such provided with utility service facilities are to be provided (d) prior to prior to Payment and collection of fees. Benefit fees shall be collected the issuance of any building permit by the City of Clermont and the new facility being provided with water or sewer service. 7/11/84 . CITY OF CLERMONT . CODE ORDINANCES 239-C Page -9- SECTION 3. Article III, Sewer Use is hereby established as follows: Sec. 25-24. Use of public sewers required. (a) It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the City of Clermont, or in any area under the juris- diction of said city, any human or animal excrement, garbage, or other objectionable waste. (b) It shall be unlawful to discharge to any natural outlet within the City of Clermont, or in any area under the jurisdiction of said city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance. (c) Except as hereinafter provided, it shall be unlawful to con- struct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. (d) The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the city and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the city, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of Article I, Section 25-5 of this ordinance. Sec. 25-25. User's responsibility to keep sewer clean, provide cleanout plugs. The owner, tenant, or occupant of property connected to the sewer system shall be continuously responsible for maintaining and keeping the sewer pipe leading to and between his plumbing fixtures and the city's connection to the sewer main clean and free from obstruction, and shall not cause, suffer or permit any article or thing to be introduced into the pipe which causes a stoppage thereof. Failure to keep the sewer pipe leading from the plumbing system to the sewer main clean and maintained in proper condition will give the city the right to cut off the water connection, which shall not be reconnected until the sewer pipe is cleaned and maintained properly. It shall be the responsibility of the owner, tenant or occupant of the property con- nected to the sewer system, to provide an adequate cleanout plug for the purpose of cleaning out said line, at the owner's property line, or as close thereto as may be reasonably appropriate. The city's responsibility for maintaining and keeping the sewer line shall cease at the owner's property line. Sec. 25-26. Private sewage disposal. (a) Where public sanitary sewer is not available under the pro- vision of Article I, Section 25-5, the building sewer may be connected to a private sewage disposal system complying with the provisions of this article, but only after City Council approval and a determination made that the public sewer is not available. All properties to be sub- divided must be connected to the sewer system in accordance with the city's subdivision regulations. (b) Before commencement of construction of a private sewage disposal system the owner shall first obtain a building permit. The application for such a permit shall be made on a form furnished by the city, which 7/11/84 . CITY OF CLERMONT . CODE ORDINANCES 239-C Page -10- the applicant shall supplement by any plans, specifications, and other information as deemed necessary by the Building Official. (c) The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the State of Florida and County Health Department. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 43,560 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, and at no expense to the city. (d) At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Section 25-5, a direct connection shall be made to the public sewer in compliance with this ordinance, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material. Sec. 25-27. Building Sewers and Connection. (a) No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appur- tenance thereof without first obtaining a written permit from the Build- ing OfficiaL (b) All costs and expense incident to the installation and con- nection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (c) No person shall make connection of roof downspouts, foundation drains, areaway drains, swimming pools, or other sources of surface runoff, groundwater or stormwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. (d) The connection of the building sewer into the public sewer shall conform to the requirements of the Southern Standard Building and Plumbing Codes or other applicable rules and regulations of the City. All such connections shall be made gastight and watertight. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the City. (e) All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satis- factory to the City. Sec. 25-28. Use of the public sewers. (a) No person shall discharge or cause to be discharged any storm- water, surface water, groundwater, roof runoff, subsurface drainage, uncon- taminated cooling water, swimming pool water, or unpolluted industrial process waters to any sanitary sewer. (b) Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet. Industrial cooling water or unpolluted process waters may be discharged, on the approval of the City Engineer, to a storm sewer, or natural outlet. No wastewater, except as discussed above shall be discharged into a storm sewer. 7/11/84 · .~ CITY OF CLERMONT . CODE ORDINANCES NO. 239-C Page -11- (c) No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers: 1. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas. 2. Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two (2) mg/l as CN in the wastes as discharged to the public sewer. 3. Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works. 4. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk con- tainers, etc. either whole or ground by garbage grinders. (d) No person shall discharge or cause to be discharged the follow- ing described substances, materials, waters, or wastes if such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these waters, the Utility Director will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degrees of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are: 1. Any liquid or vapor having a temperature higher than one hundred fifty (150)° (65°C). 2. Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150)OF (0 and 65°C). 3. Any garbage that has not been properly shredded (no particle larger than 1/2 inch). The installation and operation of any garbage grinder equipped with a motor of three fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Utility Director. 4. Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutral- ized or not. 5. Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances, or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the com- posite sewage at the sewage treatment works exceeds the limits established by the City Engineer for such materials. 7/11/84 , . CITY OF CLERMONT . CODE ORDINANCES NO. 239-C Page -12- 6. Any waters or wastes containing phenols or other taste or odor producing substances capable of creating a public nuisance. 7. Any radioactive wastes or isotopes. 8. Any waters or wastes having a pH in excess of 9.5. 9. Materials which exert or cause: a. Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride, and sodium sulfate). b. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions). c. Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works. 10. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amendable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge of treated effluent. (e) If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Sec. 25-28, of this Article, and may have a deleterious effect upon the sewage works, process, equip- ment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the City Council shall choose one of the following options for the treatment of the wastewater after a recom- mendation is made by the city engineer, utility director, or the city manager: 1. Reject the wastes, 2. Require pretreatment to an acceptable condition for discharge to the public sewers, 3. Require control over the quantities and rates of discharge, and/or 4. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges. (f) If the City permits the pretreatment or equilization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the City Engineer, and subject to the requirements of all applicable codes, ordinances and laws. (g) Grease, oil, and sand interceptors shall be provided when, in the opinion of the Utility Director, they are.necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients: except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be located as to be readily and easily accessible for cleaning and inspection. Where installed, all grease, oil and sand interceptors shall be 7/11/84 ·. CITY OF CLERMONT . CODE ORDINANCES NO. 239-C Page -13- maintained by the owner at his expense, and be in continuous operation. It shall be unlawful for any person to dispose of grease, oil or sand by placing the same in the storm or sanitary sewers of this City. (h) Where preliminary treatment or flow-equalization facilities are provided for any waters or wastes, they shall be maintained con- tinuously in satisfactory and effective operation by the owner at his expense. (i) When required by the City, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurte- nances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans aproved by the City. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. (j) All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this ordinance shall be determined in accordance with standards required by the Federal Environmental Protection Agency or the latest edition of "Standard Methods for the Examination of Water and Wastewater", published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether a twenty-four (24) hour composite of all outfalls of a permise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls whereas pH's are determined from periodic grab samples). Sec. 25-29. Protection from damage. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewage works. Sec. 25-30. Powers and authority of inspectors. The Utility Director and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this ordinance. The Utility Director or his representative shall have no authority to inquire into any process including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. Sec. 25-31. Penalties. (a) Any person found to be violating any provision of the Article, except Section 25-29,and except as provided in Paragraph B below, shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. 7/11/84 · . CITY OF CLERMONT . CODE ORDINANCES 239-C Page -14- (b) If the Utility Director has reason to believe a violation presents a serious threat to the public health, safety and welfare: he may immediately request that the violation be corrected or turn off the water of the violator without notification. (c) Any person violating any of the provisions of this ordinance shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation. Any person, firm, corporation, or agent who shall be found guilty of violating this chapter shall be subject to the penalties provided by Chapter 1, Section 1-8, Code of Ordinances. SECTION 4. Article IV, Control of Backflow and Cross Connection is hereby established as follows: Sec. 25-32. Purpose. The purpose of this ordinance is to protect the City of Clermont's public potable water supply from contamination due to the backflow of contaminants through water service connections. Sec. 25-33.. Definitions. (a) APPROVED shall mean accepted by the Utility Director as meeting an applicable specification cited in Sec. 25-41 of this ordinance. (b) BACK FLOW shall mean the flow of water or other liquids, m{xtures, or substances into the city's potable water supply system from sources other than the city water system. Back-siphonage is one type of backflow. (c) CROSS CONNECTION shall mean any physical connection or arrangement of piping or fixtures between two otherwise separate systems, one of which contains potable water and the other, unapproved water, fluids, gases, or other materials through which backflow may occur. (d) HAZARD shall mean any liquid or contaminant in the water other than the city's potable water supply is considered a health or pollution hazard. (e) WATER SERVICE CONNECTION shall mean the terminal end of a service connection from the public potable water system (i.e., where the city loses jurisdiction and sanitary control over water at its point of delivery to the con- sumers' water system). If a meter is installed at the end of the service connection, then the service connection shall mean the downstream end of the meter. There shall be no unprotected takeoffs from the service line ahead of any meter or backflow prevention device. Sec. 25-34. General provisions. (a) CROSS CONNECTIONS PROHIBITED. It shall be unlawful for any person to connect or cause to be connected to the city water supply system by any means whatsoever, other pipes containing water or any deleterious substance other than the water supply of the city. The owner of the property where any such cross connection is made, shall be held responsible for the violation of this section. 7/11/84 .. CITY OF CLERMONT .. CODE ORDINANCES 239-C Page -15- (b) NOTIFICATION. The Utility Director shall be responsible for conducting a backflow prevention program to safeguard the public potable water supply system from contamination. Whenever the Utility Director determines that an approved backflow prevention device is required to safeguard the public water system, he shall give notice in writing to said customer to install an approved backflow prevention device to the service connections on his premises. The customer shall install an approved device or devices after receiving notice to do so in writing. Refusal or inability on the part of the customer to install said devices shall constitute grounds for discon- tinuing water service to the premises until such devices are installed. (c) INSTALLATION AND MAINTENANCE. No water service connection to any premises shall be installed or maintained by the City of Clermont unless the water supply is protected as required by State Laws and this code. Service of water to any premises shall be discontinued by the City of Clermont if a backflow prevention device required by this code is not installed, tested and maintained, or if it is found that a backflow prevention device has been removed or by-passed, or if an unprotected cross connection exists on the premises. Service shall not be restored until such defects are corrected. All devices shall be protected against vandalism, either by fence, chain and lock of valves, or removal of valve handles. All backflow devices shall be installed according to manufacturer's installation procedures. All devices shall have 24 inches of clearance on all four sides. (d) INSPECTION. The customer's system should be open for inspec- tion at all reasonable times to authorized representatives of the Water Department to determine whether cross connections or other structural or sanitary hazards, including violations of these regulations exist. When such a condition becomes known, the city shall give the owner notice pursuant to Section 25-34 (b) of this Article, to immediately eliminate the cross connection. Premises having internal cross connec- tions shall be reported to the local Health Department. Sec. 25-35. Backflow prevention requirements. An approved backfow prevention device shall be installed on each service line to a customer's water system at the property line or at the consumer's meter, but in all cases, before the first branch line leading off the service line wherever the following conditions exist: (a) In case of the premises having an auxiliary water supply which is not or may not be of safe bacterioligical or chemical quality and which is not acceptable as anaddi- tional source by the Utility Director, the public water system shall be protected against backflow from the premises by installing a backflow prevention device in the service line. (b) In the case of the premises on which any industrial fluids or any other objectionable substance is handled in such a fashion as to create an actual or potential hazard to the public water system, the public system shall be protected against backflow from the premises by installing a backflow prevention device in the service line. This shall include the handling of process waters and waters originating from the utility system which have been subject to deterioration in quality. 7/11/84 · .. CITY OF CLERMONT . CODE ORDINANCES 239-C Page -16- (c) In the case of premises having, (1) internal cross connection that cannot be permanently corrected and con- trolled, or (2) intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it im- practical or impossible to ascertain whether or not danger- ous cross connections exist, the public water system shall be protected against backflow from the premises by installing a backflow prevention device in the service line. Sec. 25-36. Type of protective devices required. The type of protective device required shall depend on the degree of hazard which exists as follows: (a) In case of any premises where there is an auxiliary water supply causing a back pressure, the pUblic water system shall be protected by an appoved air-gap separation or an approved reduced pressure principle backflow prevention device. (b) In the case of any premises where there is water or substance that would cause pollution of the water system, the public water system shall be protected by an approved air-gap or reduced pressure valve assembly. (c) In the case of any premises where there is any material danger- ous to health which is handled in such a fashion as to create an actual or potential hazard to the public water system, the pUblic water system shall be protected by an approved air-gap separation or an approved reduced pressure principle backflow prevention device. Examples of premises where these condi- tions will exist include sewage treatment plants, sewage pumping stations, chemical manufacturing plants, hospitals, mortuaries, plating works, laundries, car washes, restaurants, etc. (d) It is unlawful to fill any water tank vehicles using chemicals or other deleterious substances without an approved air-gap or reduced pressure principle backflow prevention device. All stand fill pipes connected to the water system shall protect the public water with an approved air-gap or reduced pressure principle backflow prevention device. (e) In the case of any premises where there are "uncontrolled" cross connections, either actual or potential, the pUblic water system shall be protected by an approved air-gap separation or an approved reduced pressure principle backflow prevention device at the service connection. (f) In the case of any premises where, because of security require- ments or other prohibitions or restrictions, it is impossible or impractical to make a complete in-plant cross connection survey, the public water system shall be protected against backflow from the premises by installing a backflow prevention device in the service line. In this case, maximum protection will be required: that is, an approved air-gap separation or an approved reduced pressure principle backflow prevention device shall be installed in each service to the premises. (g) The Utility Director shall have the authority to determine the type of backflow prevention device when not listed above, and if in his judgment, another device should be used. 7/11/84 . .. CITY OF CLERMONT . CODE ORDINANCES 239-C Page -17- Sec. 25-37. Approved backflow prevention models. Any backflow prevention required herein shall be of a model approved by the Utility Director and the State of Florida Department of Environ- mental Regulation. The term "Approved Backflow preventer" shall mean a device that has been manufactured in full conformance with standards established by the American Water Works Association. Sec. 25-38. Testing. It shall be the duty of the customer-user at any premises where back- flow prevention devices are installed to have thorough inspections and operational tests made at least once a year, or more often in those instances where inspections indicate a need, based on the degree of hazards. These inspections and tests shall be at the expense of the water user, and tests of devices shall be performed by certified testers of a recognized institution approved by the Utility Director. These devices shall be repaired, overhauled or replaced at the expense of the customer-user whenever they are found to be defective. One copy of the repair and testing data shall be given to the Utility Director for his records. Sec. 25-39. Existing devices. All presently installed backflow prevention devices which do not meet the requirements of this section but were approved devices for the purposes described herein at the time of installation and which have been properly maintained, shall, except for the inspection and maintenance requirements under Section 25-38, be excluded from the requirements of these rules so long as the Utility Director is assured that they will satisfactorily protect the utility system. Whenever the existing device is moved from the present location or requires more than minimum maintenance or when the Utility Director finds that the maintenance of the device constitutes a hazard to health, the unit shall be replaced by a backflow prevention device meeting the requirements of this section. Sec. 25-40. Permit required. A plumbing permit is required before a backflow prevention device or irrigation system can be installed. SECTION 5. All ordinances or parts of this ordinance in conflict herewith are hereby repealed. Should any section or part of this section be declared invalid by any Court of competent jurisdiction, such ajudications shall not apply or affect any other provision of this ordinance, except to the extent that the entire section or part of the section may be inseparable in meaning and effect from the section to which such holding shall apply. 7/11/84 · CITY OF CLERMONT t CODE ORDINANCES 239-C Page -18- SECTION 6. This ordinance shall be published as provided by law and it shall become law and shall take effect upon adoption. J.f+k day of OJ J ~/\fJ , 1984. Second Reading this J..S V4r. day of þ~jJ.lJu, 1984. PASSED AND ORDAINED BY THE CI~~COUNCIL OF THE JITY OF CL~RMONT, LAKE COUNTY, FLORIDA, THIS:2..&í DAY OF Y'ß..p.r¿/YY2.1Mh., 1984. First Reading this CITn CL~RMONT ~ If /i¡;..ß... CHARLES B. BEALS, MAYOR ATTEST: e~h~s ;¿~;TY )CLERK 7/11/84